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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs TIP TOP PIZZA, 10-000261 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000261 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: TIP TOP PIZZA
Judges: ELEANOR M. HUNTER
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Jan. 15, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 7, 2010.

Latest Update: Jan. 06, 2025
Jan 15 2010 14:22 @l/14/2818 grad 8584146749 DEPR OGA PAGE 83/88 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs License No 6006540 TIP TOP PIZZA R dent License Type 2010 esponden Case No 2008060626 ‘ ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petrtioner’), files this Administrative Complaint against TIP TOP PIZZA, (“Respondent”). and says 1 Petitioner is the state agency charged with regulating the operation of public ladging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes. 2 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 1s 3751 S MILITARY TRL, LAKE WORTH, FLORIDA 33463.The mailing address of record is TIP TOP PIZZA, at 3751 S$ MILITARY TRL, LAKE WORTH, FLORIDA 33463 3 Inspection of this establishment conducted pursuant to See 509 032, Florida Statutes, revealed violations of the provisians 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 hereto and incorporated herein by reference Inspection documents are attached as Exhibit “B”, Incarporated herein by referance, WHEREFORE, Petitoner respectfully requests entry of an Order mposing one or more of the following penalties admiustratrve 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 of a license issued pursuant to this Chapter, and/or any other relief authornzed by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed November 06, 2008 uck, t Manager By delegation of the ower Seah 77a Division of Hotels & Rest ints, Department of Business & Professional Regulation iy COUNSEL FOR THE DEPARTMENT: Charles F Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: {HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of . 2008 Received by: Inspector's Signature Operator's Signature Title Title Case Number 2008060626 File Number 176067 District Number 02 License Number 6000540 2010 Form revised O7 O7 07 TIF TOP PIZZA Jan 15 2010 14:22 81/14/2018 9:04 85041467493 DBPR OGA PAGE 64/88 Exhibit A License Number 6006540 License Type 2010 PERMANENT FOOD SERVICE Case Number. 2008060626 “FC as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administratian, incorporated by Chapter 61C, Florida Admunistrative Cade “NFPA" as ciled 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 Admunistrative Code, and 61C-1 004(5), Florida Administrative Code “* denotes a critical violation It is alleged that on August 25, 2008, Oclober 28, 2008 the licensee was im violation of Florida Statute 500(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the faltowing Particulars Copy(s) of the report(s) for the above referenced inspection(s) are attachad hereto and incorporated by reference as Exhibit B. * 1 02-07-1 3-50117(B)FC* (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (0) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD |S HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION, AND. (1) THE DAY THE ORIGINAL CONTAINER |S OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1, AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN TWENTY-FOUR (24) HOURS NOT PROPERLY DATE MARKED AFTER OPENING...,CHEESES, COLD CUTS AND DRESSING IN THE WALK-IN COOLER. 2,15-30-1 4-101 111 FC, NONFOOD-CONTACT SURFACES NONFOOD-CONTACT SURFACES OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. OBSERVED SHELVES ATTACHED TO THE WALLS IN THE WALK-INS NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-ABSORBENT, SMOOTH AND EASILY CLEANABLE. * 3°22-17-1 4-602,11(C) AND (D) FC (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 {D) 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 MAINTAINEO 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 IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/CLEANING FREQUENCY] 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 $5 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. Case Number 2008060626 File Number 176067 District Number 02 License Number 6006540 2010 Form revised 07 07 07 TIP TOP PIZZA Jan 15 2010 14:22 @1/14/2818 09:04 8584146749 DBPR OGA PAGE 85/88 (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD 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 IS AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS: (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DELI 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 IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES OBSERVED SOILED REACH-IN COOLER GASKETS....PIZZA STATION, 4. 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 BUILD-UP ON NON-FOOD CONTACT SURFACE....AIR CONDITIONING VENT AT THE THREE-COMPARTMENT SINK. * 5 35B-04-1 6-20215FC.: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY. (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS: (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL. AIRPORT, OR OFFICE BUILDING, OR INTO © AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE. (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF ALARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS, OR (3) OTHER EFFECTIVE MEANS (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION A. OBSERVED OUTER OPENINGS OF THE ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION....SIDE DOOR. B. OBSERVED OUTER OPENINGS OF THE ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION....BACK DOOR BY THE THREE-COMPARTMENT SINK. C. OBSERVED OPENINGS NOT PROTECTED WITH SELF-CLOSING DOORS. District Number 02 Case Number 2008060626 File Number 178067 Farm revised 07 07 07 Loense Number 6006540 2010 TIP TOP PIZZA Jan 15 2010 14:23 @1/14/2018 89:84 8584146749 DBPR OGA PAGE 86/88 @ @ * 6.53B-08-1 509049FS 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 IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER 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 HANDLER 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 LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. ALL PUBLIC FOOD SERVICE ESTASLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. District Number 02 Case Number 2006060626 File Number 176067 Form revised 07 07 07 License Number 6008540 2010 TIP TOP PIZZA Jan 15 2010 14:23 DBPR QGA PAGE @1/14/2018 89:04 8504146749 CERTIFICATE OF SERVICE 7AbD 3901 J84S SH28 2499 ft | to: | SHOMER USA INC TIP TOP PIZZA 3751 S MILITARY TRL LAKE WORTH, FLORIDA 33463 1 | : | Dept of Business & Prof Reguiahon { SENDER: Diusion of Holels & Restaurants License No, 6006540 License Type 2010 Case No 2008060626 : REFERENCE: ' PS Form 3800, January 2005 1 RETURN — Postage eee ee Corthied Fee Return Recept Fee Restacted Delivery Tow! Postege & Faer US Postal Sarvice POSTMARK OR DATE Tame" Regeipttor 1/70 /oL i! Certifled Mail i ! No Ingurance Coverage Provided Hl Do Not Use for internghora! Maul PMLUUH Ne ueu Yau oats mtn tenes sted cee ae eas j 2 Article Number im vs 7LbO 3901 3684S S424 2449 ow deems diforort om 490017 a TYES, enter delvery adrene bole? 3 : 9 Serve Type CERTIFIED MAIL 4 Retincied Debvery? (Extre Fea) Cex 1 Article Addressed to SHOMER USA INC TIP TOP PIZZA 3751 S MILITARY TRL LAKE WORTH, FLORIDA 33463 Lic No 6008540 2010 Case No 2008060626 <= D = ~ =» =x i PS Form 3811, January 2005 Domestic Ratu Recenpt District Number 02 Case Number 2008060626 File Number 176067 Form revised 07 07 07 License Number 6008540 2010 TWP TOP PIZZA 87/88

Docket for Case No: 10-000261
Source:  Florida - Division of Administrative Hearings

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