Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JR'S RIB SHACK
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: May 17, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 24, 2010.
Latest Update: Dec. 25, 2024
May 1? 2010 13:48
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8584146749 PAGE 83/85
Department of Business and Professional Regulation
State of Florid
Division of Hotels and fosionalR
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Patitioner,
VS.
j License Number. 1304974
JR'S RIB SHACK ne dent License Type 2010
Ron ; " Case Number |2009048352
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against JR'S RIB SHACK, ("Respondent’),
and says:
1. Petitioner ig the state agency charged with regulating the operation of public lodging establishments and
public food service establishments, pursuant to Section 20.165 and Chapter $09, Florida Statutes.
2. Respondent is, and has been at ail times material hereto, ligensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address of record is 281 5S STAR AVE,
CALLAWAY, FLORIDA 32404. The mailing address of record is JR'S RIB SHACK, at 2403 S HWY 77,
LYNN HAVEN, FLORIDA 32444,
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 poplicable law are described in Exhibit “A,”
attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”,
incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Orda}
penalties: administrative fine not to exceed $1,000 per offense,
issued pursuant ta this Chapter, and/or any other relief authoriz
rules promulgated therato.
Signed September 11, 2009
r imposing one or mare of the following
suspension, revocation, or refusal of a license
ed by Chapter 509, Florida Statutes, or the
Ké@n Hensdill,
istrict M er
r, 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 CERTIFY that a true and correct copy of the foregoi
hand served by me on this day of
Recelved by;
Inspector's Signature
Title
Case Number: 2009048362 File Number: 100316
License Number. 1304971 2010
JR'S RIB SHAGK
By détégation fo Dir
7160 3901 9
49 7716 2460
ig ADMINISTRATIVE COMPLAINT has been
, 2009.
Operator's Signature
Title
District Number: 06
Form ravised 07.15.08
May 1? 2010 13:49
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Exhibit A
License Number: 1304971
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009048362
"FC" as cited herein references specific provisions of the Food Cade, Recommendatians of the United States
Publi¢ Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code. "NFPA" 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(8), Florida Administrative Code.
“ denotes a critical violation.
tis alleged that on September 1, 2009, July 1, 2009 the licensee was in violation of Florida Statute 509(FS)
and/or the Rules of the Divisian of Hotels and Restaurants, Florida Administrative Code (FAC), in the following
particulars. Copy(s) of the report(s) for the above referenced ingpection(s) are attached hereto and
incorporated by reference as Exhibit B.
* 4.538-08-1 609.049 FS: 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 FUBLIC IN ESTABLISHMENT: 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 D ISION. 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 NTROL. THE LIGENSEE MAY DESIGNATE
ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE
LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE ERTIFICATION PURSUANT TO THIS
SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYE S$ 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 EMPLOYEE TRAINING CERTIFICATES EXPIRED.
Casa Number: 2009048262 File Number: 100316 : District Number: 06
Form revised 07.15.09
License Number: 1304971 2010
JR'S RIB SHACK
Docket for Case No: 10-002670
Issue Date |
Proceedings |
Sep. 24, 2010 |
Order Closing File. CASE CLOSED.
|
Sep. 23, 2010 |
Notice of Voluntary Dismissal filed.
|
Sep. 21, 2010 |
Amended Notice of Hearing by Video Teleconference (hearing set for September 28, 2010; 1:30 p.m., Central Time; Panama City and Tallahassee, FL; amended as to Time).
|
Jul. 21, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 28, 2010; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
|
Jul. 14, 2010 |
Petitioner's Motion for Continuance filed.
|
Jul. 13, 2010 |
Petitioner's Witness List filed.
|
Jul. 13, 2010 |
Petitioner's Exhibit List (exhibits not attached) filed.
|
May 26, 2010 |
Notice of Hearing by Video Teleconference (hearing set for August 3, 2010; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
|
May 26, 2010 |
Order of Pre-hearing Instructions.
|
May 26, 2010 |
Response to Initial Order filed.
|
May 18, 2010 |
Initial Order.
|
May 17, 2010 |
Election of Rights filed.
|
May 17, 2010 |
Administrative Complaint filed.
|
May 17, 2010 |
Agency referral filed.
|