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
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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
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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
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(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
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@ @
* 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
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CERTIFICATE OF SERVICE
7AbD 3901 J84S SH28 2499
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| 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:
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3751 S MILITARY TRL
LAKE WORTH, FLORIDA 33463
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District Number 02
Case Number 2008060626 File Number 176067
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License Number 6008540 2010
TWP TOP PIZZA
87/88
Docket for Case No: 10-000261
Issue Date |
Proceedings |
Apr. 07, 2010 |
Order Closing File. CASE CLOSED.
|
Apr. 05, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 28, 2010 |
Order of Pre-hearing Instructions.
|
Jan. 28, 2010 |
Order Directing Filing of Exhibits
|
Jan. 28, 2010 |
Notice of Hearing by Video Teleconference (hearing set for April 13, 2010; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
|
Jan. 26, 2010 |
Response to Initial Order filed.
|
Jan. 19, 2010 |
Initial Order.
|
Jan. 15, 2010 |
Request for Administrative Hearing filed.
|
Jan. 15, 2010 |
Administrative Complaint filed.
|
Jan. 15, 2010 |
Agency referral filed.
|