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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JACKSONVILLE GOLF AND COUNTRY CLUB, 08-002664 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002664 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JACKSONVILLE GOLF AND COUNTRY CLUB
Judges: P. MICHAEL RUFF
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Jun. 05, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 5, 2008.

Latest Update: Dec. 22, 2024
Jun 5 2008 8:19 B6/ 85/2888 89:19 8584146749 DEPR OGA PAGE é 85/13 | STATE OF FLORIDA : | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitianer, VS. . License No. 2610326 JACKSONVILLE GOLF & COUNTRY CLUB Ticanga Type 2010 Respondent | Case No. 2008022263 : ADMINISTRATIVE COMPLAINT ' The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitloner’), files this Administrative Complaint against JACKSONVILLE GOLF & COUNTRY CLUB, ("Respondant”), and says: 1, Petitloner Is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, purguant to Section 20.185 and Chanter 509, Florida Statutes. 9. Respondent is, and hag been at all times material hereto, licensed by or sUubject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record [s 3988 HUNT CLUB RD, JACKSONVILLE, FLORIDA 922248416.The mailing address of record is JACKSONVILLE GOLF & COUNTRY CLUB, at 3985 HUNT CLUB RD, JACKSONVILLE, FLORIDA 322248416. : 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violatians of the provisions of Chapter 509, Florida Statutas, and /or the rules promulgated thereto gaverning operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference. inspection documents are attached as Exhiblt “B", incorporated herein by referance. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or mare of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal ofa license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, of the rules promulgated thereto. Signed April 15, 2008 Steven ven Badungen, her Manager ’ By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153837 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 2499 2144 | HEREBY CERTIFY thata frue and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been ‘ hand served by me an this, day of , 2008. l ‘ Recelved by: j Inspectors Signature Operator's Signature Title . Title Case Number: 2008022263 File Number: 118959 . Dlatrict Number: 05: License Number 2610926 2 010 Form ravised 07.07.07 JACKSONVILLE GOLF & COUNTRY CLUB : Jun 5 2008 8:19 B6/ 85/2888 89:19 858414674 : q DEPR OGA PAGE 46/13 Exhibit A License Number: 2610326 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008022263 FC as cited herain references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative Code, NFPA as cited herein references specific provisions of the National Fira Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Adimintstrative Code, and 61C-1.004(5), Florida Administrative Gade, * denotes a critical violation. ItIs alleged that on January 8, 2008, March 19, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Divislon of Hotels and Restaurants, Florida Administrative Code (FAC), in the following ‘ particulars. Copy(s) of the report(s) for the above referenced Inspection(s) are attached hereto and incorporated by reference a3 Exhibit B. , * 4.04-01-1 4-304.11 FG: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED SMALL REACHIN COOLER NOT MAINTAINING PROPER TEMPERATURE; CORNED BEEF AT 50F. . * 2. 05-07-1 4-502.11(B) FO: FOOD TEMPERATURE MEASURING DEVICES SHALL BE CALIBRATED IN ACCORDANGE WITH MANUFACTURER'S SPECIFICATIONS AS NECESSARY TO ENSURE THEIR ACCURACY. : OBSERVED BROKEN THERMOMETER AT DRAWER REFRIGERATION UNIT. * 3. 08A-28-1 3305.11 FC: FOOD STORAGE. (A) EXCEFT AS SPECIFIED {N PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM GONTAMINATION BY STORING THE FOOD: (1)IN A CLEAN, DRY LOCATION: (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANOLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C} PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUGH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. ’ OBSERVED FOOD STORED ON THE FLOOR IN THE FREEZER AND BULK DRY STOREROOM. 4,15-28-1 NEPA 96, 6.2.3.3: GREAGE FILTERS SHALL BE ARRANGED 50 THAT ALL EXHAUST AIR SHALL PASS THROUGH THE GREASE FILTERS. OBSERVED HOOD FILTERS NOT TIGHT FITTING. * 547-0041 2-103.11(I) FC: PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT; (|) EMPLOYEES’ ARE PROPERLY SANITIZING CLEANED MULTIJSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND GHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING; OBSERVED NO TEST STRIPS FOR SANITIZER BUCKET. 8, 1804-1 4-603.12 FC: PRECLEANING. (A) FOOD DEBRIS ON EQUIPMENT AND UTENSILS SHALL BE SCRAPPED OVER A WASTE DISPOSAL UNIT OR GARBAGE RECEPTACLE OR SHALL BE REMOVED IN A WAREWASHING MACHINE WITH A PREWASH CYCLE. (B) IF NEGESSARY FOR * denotes critical violation Distrlet: 05 Case Number: 2008022263 License Type: 2010 License Number: 2610326 ‘ File Number: 116959 JACKSONVILLE GOLF & COUNTRY CLUB Jun 5 2008 8:20 B6/ 85/2888 89:19 8584146749 DEPR OGA PAGE é 87/13 Exhibit A EFFECTIVE CLEANING, UTENSILS AND EQUIPMENT SHALL BE PREFLUSHED, PRESOAKED, OR SCRUBBED WITH ABRASIVES. ; OBSERVED OLD LABELS ON CLEAN CONTAINERS. * 7, 20A40-1 4-501.114(A) FG: MANUAL AND MEGHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703,14(G) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MGIL AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.) OBSERVED DISH MAGHINE NOT PROPERLY SANITIZING; NOT 160:F ON DISH, * 8.98171 5402.13 FC: CONVEYING SEWAGE. SEWAGE SHALL BE CONVEYED TO THE POINT OF DISPOSAL THROUGH AN APPROVED SANITARY SEWAGE SYSTEM OR OTHER SYSTEM, INCLUDING USE OF SEWAGE TRANSPORT VEHICLES, WASTE RETENTION TANKS, PUMPS, PIPES, HOSES, AND CONNECTIONS THAT ARE CONSTRUCTED, MAINTAINED, AND OPERATED ACCORDING TO LAW. OBSERVED DRAIN LINE FROM STEAMER DRAINING IN HAND WASH SINK. *' 994-091 S-2OK.11(A) FC: {AA HANDWASHING LAVATORY SHALL BE MAINTAINED 80 THAT IT 1S ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. OBSERVED BLOCKED HAND WASH SINK IN 3-COMPARTMENT SINK AREA. * 10. 32415-1 8-301.14 FC AND 61G-1.004(2)(C) FAC: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANDS SHALL BE POSTED AT ALL. HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES" AND SHALL BE CLEARLY VISIBLE TO ‘ FOOD EMPLOYEES’. . OBSERVED NO HANDWASH SIGN AT HANDWASH SINKS, '* 44,598-08-1 509.049FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC |N ESTABLISHMENTS REGULATED UNDER THIS GHAPTER, THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD : | SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANOLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO, THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE * denotes critical violation 7 District: 05 Gase Number: 2008022283 License Type: 2010 License Number: 2610328 : File Number: 116958 JACKSONVILLE GOLF & COUNTRY CLUB Jun 5 2008 8:20 B6/ 85/2888 89:19 8584146749 DEPR OGA PAGE ae 13 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants www. hespilalityeducation.org ‘CALL BACKIRE-INSPECTION REPORT O woes“ Fou SERVICE | pace | of 2 Z. if SACOM OLN UMAER: Lee eran PERE WARNING OF tones 70 g conpied Rung requested — DIRECT NOTICE: SHOW CAUSE (C)Pra-conteranca CNet complied Clout of business ° | Failure ta ba in compliance You will he issued a Nothe to with this notice at any Show Cause why sanctions future inspection may}. | should not beassossad against resultina direct Noticn to} - | your license, A hearing will be Show Cause. held at a time and plase'to be dasignated by the director. CiPre-hearing (ion Stipulation (On Hearing Order Dothan Tima extended date: fod Owner Name: ALEK SVE| lé Gott $ unig tet Breiees Names loge Sov Ne Gof f Country Chih 2485 — Etats ed Rusiness City: JACKAL le. Business Address: LELG 5954, 3h, 3028 he eile ae apt Con yl rote, Com Bat hand iin Sian at onal Sinks , | ts 57 ober gle cis ene Surtaces Lhd abeeal™ Eheamer, iw Be =o adel On Clean Containers , 28, observed Avan Lye Coon Stenoner fo Crile Le brand wash amk, ca pbeewved wo-fest Sht 74 fie Stns jpveKes" Bf observedl bl oc idee) hawk poash nk vedcep SIWe ee obscoedtaod. Stoved gucthe. Loot iw Le ent ford blind Store vem vy PO, teened. uch macbint, not properly body itUng a LaOE ois oy A ved Hreymomeclar [pvaben On (irae ven eeuckion Lets its co ; pbeaved Small yeoch Le Copley hot maura de 10 tn om sora. EPERTON SUE PLESE PT Fan, Th (hd Sieg ce haul a a fealt an Bis /ss5_ | TECPIEN Hie nee PS yah ye F. ale ca) é . DBPR Form HR 6022-005 : MyFlorida.com ° 2002 February 08 Jun 3 2008 3:21 B6/ 85/2888 89:19 8584146749 DEPR OGA PAGE 89/13 EXHIBIT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants Control Number Ab _ 10 CLAE COMMENTS SHEET page_ad off Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or §022-083. For comments to the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Pian Coed loeef od SOF, 2 53h _ob served wo pelaoa of emplonce, fradninny | DBPR Form HR 5022-042 MyFlorida.com www.hogpitalityaducation.com Revised 2001 July 27 Jun 5 2008 €:21 B6/ 85/2888 89:19 8584146749 DEPR OGA PAGE 18/13 EXHIBIT Base: of Sf Te ty MeT INSPECTION STANDARDS — Pusher Division of FOLLOW DP INSPECTION REQUIRED Regulation . Hotels and Restaurante Violations require further review, but ate not an —_ Immediate threat to the public. . LICENSE TYPE LEGAL NOTICE FACILITY TEMPORARILY CLOSED [gh2010 Parmanent Food Senize 0 Operations orderad stopped umill violations are Food Servics Inspection Report |'~ Chea es (0 2012 Theme Park Food Cart Saney Nant: = TL 2043 Catering } fh B 7, : . Sf vye\ [2.2014 Mobile Food Dispensing Ve ic Acton ville Golf s Costly S Joby * "| Fy 2018 Vending Machine AL rl ie 1 . - re c ad (1 2051 Unlicensed Food . cken or lle Grol fs ertryspey Safety pe ion foam | LICENSE NUMBER | Toot AINE ep a Gg Mew? adv Rd r UL jA8Le Cy, Stale te IATA lle Vasil Date = Viel Time REMINDER: Your loanse explres of att tm Inapectar Arba Month ie Yaar Slant End -— a fpf" Original Visit Di Callback 7 ; ; fo mar aq. T e BE | t/FO ASG lroncausscns orignal vist DATEWAR J = | ACTORS AND PUBLIC HEALTH INTERVENTIONS {itaras marked “OUT” of compliance require Immeviate coreative action) ] Tha circled letters to the let of each Item Indicale that Nam's stetus al the time of inspactian Mark" in approptiate box for COS andiar R IN= in compllance OUT =not!n corplanca_NiO.= not observed NIA = nol apolicabla COS = comactad on-alle during Ingpection f= repeat violation GOMPLIANGE STATUS cos] _R TREPECTION TYPE PRLUnscheduled (ROUT) 1 Licensing (LIC) TC) Complaint Full {GOMP) To Complaint Partlal (GPAR) [ blsaster Response (DSTR) DD Sewies Request (SERV) (2 Quallty Agsurance (OA) 1 Training (TRNG) FOODBORNE ILLNESS RISK F. : out Dia _ | Food obtained irom approved source Approved Saures Tih | Wholesome, sound condition . 02 _ | Original nontéiner, properly labeled, date marking, shell stock taps iN 02-11 | Gongumer advisory on rawlundarcoaked oysters: Consumer Advisory N_|_ OUT MA__[ 02-13 | Gongumer sear on rewlingereoked earl product W

Docket for Case No: 08-002664
Issue Date Proceedings
Aug. 05, 2008 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jul. 31, 2008 Joint Motion to Relinquish Jurisdiction filed.
Jul. 08, 2008 Petitioner`s Witness List filed.
Jul. 08, 2008 Petitioner`s Exhibit List filed.
Jun. 17, 2008 Notice of Hearing (hearing set for August 22, 2008; 10:00 a.m.; Jacksonville, FL).
Jun. 16, 2008 Respondent Jacksonville Golf & Country Club, Inc.`s Response to Initial Order filed.
Jun. 05, 2008 Administrative Complaint filed.
Jun. 05, 2008 Election of Rights filed.
Jun. 05, 2008 Agency referral filed.
Jun. 05, 2008 Initial Order.
Source:  Florida - Division of Administrative Hearings

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