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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs CLAWDADDY'S RAW BAR AND GRILL, 10-000058 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000058 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: CLAWDADDY'S RAW BAR AND GRILL
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Crystal River, Florida
Filed: Jan. 08, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 2, 2010.

Latest Update: Jan. 06, 2025
@l/ar/2ale adi? 8584146749 DEPR OGA Jan 8 2010 10:05 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5, License Number, 1907235 CLAWDADDYS RAW BAR & GRILL (ioense Type 2010 Respon ne Case Number 2009050390 ————_ Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CLAWDADDYS RAW BAR & GRILL, ("Respondent’), and says: 4, Petitioner is the state agency charged with regulating the operation af publie lodging establishments and public food service establishments, pursuant to Section 20,165 and Chapter 509, Florida Statutes. 9. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 1601 SE HWY 19, CRYSTAL RIVER, FLORIDA 34429,The mailing address of record is CLAWDADDYS RAW BAR & GRILL, at P.O.BOX 907, CRYSTAL RIVER, FLORIDA 34423. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A,” attached herato and incorporated herein by reference, Inspection documents are attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing ene or more of the follawing penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Le Signed September 23, Joe Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY GERTIFY that a true apd correct copy of tl hand served by me on this Q3" day of __©: Qe has s— Received by:_< eae Ingpegtor's Signature . ergiors Rigpature eS aniation $Sxlely Specialist a OO A Title . Title ne foregoing ADMINISTRATIVE COMPLAINT has been 200 Case Number; 2009050390 Fila Numbar: 207505 1 District Number: 03 Licange Number: 1901235 2010 Form revised 07.15.08 CLAWDADDYS RAW BAR & GRILL ad/ag Jan 8 2010 10:05 @l/ar/2ale adi? 8584146749 DEPR OGA PAGE @5/ag Exhibit & License Number: 1901235 License Type: 2070 PERMANENT FOOD SERVICE Case Number: 2009050390 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Coda. * denotes a critical violation. Itig alleged that on May 13, 2009, September 10, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars, Copy(s) of the report(s) for the above referanced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 402-261 3-302.12FC: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD, WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL GONTAINER NOT IDENTIFIED BY COMMON NAME. * 2 OBA-42-1 3303.12 FC:: STORAGE OR DISPLAY OF FOOD IN CONTACT WITH WATER OR ICE. (A) PACKAGED FOOD MAY NOT BE STORED IN DIRECT CONTACT WITH ICE OR WATER IF THE FOOD 1$ SUBJECT TO THE ENTRY OF WATER BECAUSE OF THE NATURE OF ITS PACKAGING, WRAPPING, OR CONTAINER OR ITS POSITIONING IN THE ICE OR WATER, (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (C) AND (D) OF THIS SECTION, UNPACKAGED FOOD MAY NOT BE STORED IN DIRECT CONTACT WITH UNDRAINED ICE, (C) WHOLE, RAW FRUITS OR VEGETABLES; CUT, RAW VEGETABLES SUCH AS CELERY OR GARROT STICKS OR CUT POTATOES; AND TOFU MAY BE IMMERSED IN ICE OR WATER. (D) RAW CHICKEN AND RAW FISH THAT ARE RECEIVED IMMERSED IN ICE IN SHIPPING CONTAINERS MAY REMAIN IN THAT CONDITION WHILE IN STORAGE AWAITING PREPARATION, DISPLAY, SERVICE, OR SALE. OBSERVED FOOD STORED IN UNDRAINED ICE. 310-041 3-304.12(E) FC: IN-USE UTENSILS, BETWEEN-USE STORAGE. DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED; (E)} IN A CLEAN, PROTECTED LOCATION IF THE UTENSILS, SUCH AS ICE SCOOPS, ARE USED ONLY WITH A FOOD THAT IS NOT POTENTIALLY HAZARDOUS; IN USE UTENSIL FOR NON POTENTIALLY HAZARDOUS FOOD NOT STORED IN A CLEAN, PROTECTED LOCATION; ICE SCOOP. * 4. 12R-22-1 81C-4.010(1)(D) FAG AND 3-301.11(B) FO: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE * denotes critical violation District: 03 Case Number; 2009050390 License Type: 2010 License Number: 1907235 File Number: 207505 CLAWDADDYS RAW BAR & GRILL Jan 8 2010 10:06 @l/ar/2ale adi? 8584146749 DEPR OGA PAGE 86/a9 Exhibit A APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED EMPLOYEE HANDLING READY TO EAT FQOD WITH BARE HANDS AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE FOR BARE HAND CONTACT WITH READY TO EAT FOCD, 514-501 4101.41 FG: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTAGT SURFACES OF EQUIPMENT MAY NOT ALLOW. THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, GORRQSION- RESISTANT, AND NONABSORBENT; (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED A NON FOOD-GRADE BASTING BRUSH USED IN FOOD. FOOD CONTACT SURFACE NOT SMOOTH AND EASILY GLEANABLE; WAIT STATION COUNTER TOP. * 6A,22-23-41 4-60141(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED ENCRUSTED, SOILED MATERIAL ON SLICER. * 6B. 22-20-1 4602,11(E) FC: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS: (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPEGIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. OBSERVED BUILDUP OF SLIME IN THE INTERIOR OF ICE MACHINE, * 6C.22-11-1 4602,11(C) AND (D) FG: (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS. (B) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF: (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED WHEN THEY ARE EMPTY, (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR AREA THAT 15 MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING GHART AND; (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/CLEANING FREQUENGY] THAT CORRESPONDS TO THE TEMPERATURE: [AT 41 DEGREES FAHRENHEIT OR LESS - 24 HOURS, GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS; GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16 HOURS, GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT. (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD * denotes critical violation District: 03 Case Number: 2009050390 License Type: 2010 License Number: 1801235 File Number: 207505 CLAWDADDYS RAW BAR & GRILL Jan 8 2010 10:06 B1/a7/2618 Bd:d7 8584146749 DEPR OGA PAGE 87/89 Exhibit A READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME FOOD THAT 18 AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS; (4) TEMPERATURE MEASURING DEVIGES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT INA CONTAINER OF DEL! FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3; (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES; (6) THE CLEANING SCHEDULE IS APPROVED BASED ON CONSIDERATION OF: (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE RAPID AND PROGRESSIVE MULTIPLICATION OF PATHOGENIC OR TOXIGENIC MICROORGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE; OR (7) IN-USE UTENSILS ARE INTERMITTENTLY STORED IN A CONTAINER OF WATER IN WHICH THE WATER 5 MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. FOOD CONTACT SURFACES IN CONTACT WITH POTENTIALLY HAZARDOUS FOOD NOT CLEANED AT LEAST EVERY FOUR HOURS; MARGARITA SALT DISPENSER. 7A. 23-06-1 4-801.41(C) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT ON STORAGE CONTAINERS. OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT ON GLASS SHELVES IN BAR. 7B, 23-05-1 4-602.13 FC: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED RESIDUE BUILDUF IN WAIT STATION CABINET. * §.31-09-4 §-205.11(A)FC:: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT iS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE, HANDWASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES. 9A, 36-11-1 6-107.11 FC, SURFACE CHARACTERISTICS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, MATERIALS FOR INDOOR FLOOR, WALL, AND CEILING SURFACES UNDER GONDITIONS OF NORMAL USE SHALL BE: (1) SMOOTH, DURABLE, AND EASILY CLEANABLE FOR AREAS WHERE FOOD ESTABLISHMENT OPERATIONS ARE CONDUCTED; (2) CLOSELY WOVEN AND EASILY CLEANABLE CARPET FOR CARPETED AREAS, AND (3) NONABSORBENT FOR AREAS SUBJECT TO MOISTURE SUCH AS FOOD PREPARATION AREAS, WALK-IN REFRIGERATORS, WAREWASHING AREAS, TOILET ROOMS, MOBILE FOOD ESTABLISHMENT SERVICING AREAS, AND AREAS SUBJECT TO FLUSHING OR SPRAY CLEANING METHODS. (B) IN A TEMPORARY FOOD ESTABLISHMENT: (1) IF GRADED TO DRAIN, A FLOOR MAY BE CONCRETE, MACHINE-LAID ASPHALT, OR DIRT OR GRAVEL IF IT 18 COVERED WITH MATS, REMOVAELE PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED MATERIALS THAT ARE EFFECTIVELY TREATED TQ CONTROL DUST AND MUD; ANO (2) WALLS AND CEILINGS MAY BE CONSTRUCTED OF A MATERIAL THAT PROTECTS THE INTERIOR FROM THE WEATHER AND WINDBLOWN DUST AND DEBRIS. FLOORS NOT MAINTAINED SMOOTH AND DURABLE IN WALKIN COOLER. : 9B, 36-08-1 6-201.13 FC. FLOOR AND WALL JUNCTURES, GOVED, AND ENCLOSED OR SEALED. (A) IN FOOD ESTABLISHMENTS IN WHICH CLEANING METHODS OTHER THAN WATER FLUSHING ARE USED FOR CLEANING FLOORS, THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND CLOSED TO NO LARGER THAN ONE THIRTY-SECOND INCH, (B) THE FLOORS IN FOOD ESTABLISHMENTS IN * denotes critical violation District: 03 Case Number: 2008050390 License Type: 2010 License Number: 1901235 File Number: 207505 CLAWDADDYS RAW BAR & GRILL Jan 8 2010 10:07 @l/ar/2ale adi? 8584146749 DEPR OGA PAGE ae/ag Exhibit A WHICH WATER FLUSH CLEANING METHODS ARE USED SHALL BE PROVIDED WITH ORAINS AND BE GRADED TO DRAIN, AND THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND SEALED. OBSERVED FLOOR AND WALL JUNCTURES NOT COVED IN DISHROOM. 410A. 37-09-1 6-101.11 FC: SURFACE CHARACTERISTICS, (A) EXGEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, MATERIALS FOR INDOOR FLOOR, WALL, AND CEILING SURFACES UNDER CONDITIONS OF NORMAL USE SHALL BE: (1) SMOOTH, DURABLE, AND EASILY GLEANABLE FOR AREAS WHERE FOOD ESTABLISHMENT OPERATIONS ARE CONDUCTED; (2) CLOSELY WOVEN AND EASILY CLEANABLE CARPET FOR CARPETED AREAS; AND (3) NONABSORBENT FOR AREAS SUBJECT TO MOISTURE SUCH AS FOOD PREPARATION AREAS, WALK-IN REFRIGERATORS, WAREWASHING AREAS, TOILET ROOMS, MOBILE FOOD ESTABLISHMENT SERVICING AREAS, AND AREAS SUBJECT TO FLUSHING OR SPRAY CLEANING METHODS. (B}!N A TEMPORARY FOOD ESTABLISHMENT: (1) IF GRADED TO DRAIN, A FLOOR MAY BE CONCRETE, MACHINE-LAID ASPHALT, OR DIRT OR GRAVEL IF IT 1S COVERED WITH MATS, ° REMOVABLE PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED MATERIALS THAT ARE EFFECTIVELY TREATED TO CONTROL DUST AND MUD; AND (2) WALLS AND CEILINGS MAY BE CONSTRUCTED OF A MATERIAL THAT PROTECTS THE INTERIOR FROM THE WEATHER AND WINDBLOWN DUST AND DEBRIS. WALL NOT SMOOTH AND EASILY CLEANABLE; MISSING BEHIND SLICER. 108. 37-0441 61C-1,004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED WALL SOILED WITH ACCUMULATED BLACK DEBRIS IN DISHWASHING AREA. 44,38-07-1 6-202.11FC:. LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B} SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES GAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS IN WALKIN, FREEZER AND DRY STORAGE. 42A. 8116-1 616-1.002(6)(C)(1) FAG: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. NO PLAN REVIEW SUBMITTED AND RENOVATIONS IN PROGRESS; OBSERVED ADDITION OF OUTDOOR SMOKER. 42B. 54-11-1 61C-1,004(9)(D) FAC: (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY. CARBON DIOXIDE/HELIUM TANKS NOT ADEQUATELY SECURED. * denotes critical violation District: 03 Case Number: 2009050390 License Type: 20710 License Number: 1901235 File Number: 207505 CLAWDADDYS RAW BAR & GRILL Jan 8 2010 10:07 B1/a7/2618 Bd:d7 8584146749 DEPR OGA PAGE 89/89 Exhibit A * 43,53A-01-2 509.039 FS AND 61G-4,023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED ACERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH [$ VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANGE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFIGATION UPON REQUEST... MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * denotes critical violation District: 03 Case Number: 2009050390 Licanse Type. 2010 License Number: 1901225 File Number: 207505 CLAWDADDYS RAW BAR & GRILL.

Docket for Case No: 10-000058
Source:  Florida - Division of Administrative Hearings

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