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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JIMBOS SAND BAR, 10-003341 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-003341 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JIMBOS SAND BAR
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jun. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 14, 2010.

Latest Update: Jan. 11, 2025
G6/ 26/2818 8d: ae 8584146749 Department of Business and Professional Reg Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Pettioner, v8 JINBOS SAND BAR Respondent ee The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DI RESTAURANTS, ("Petttioner’), files this Administrative Complaint against JIM (‘Respondent’), and says 1 2 WHEREFORE, Petitoner respectfully requests entry of an Order imposing on penalties administrative fine not to exceed $4,000 per offense! suspension, rr issued pursuant to this Ghapter, and/or any other rehef authorized by Chapter Petitioner ts the state agency charged with regulating the operption of pub public food service establishments, pursuant ta Section 20 165 and Chapt Respondent is, and has been at all bes matenal hereto, cersed by or 5 Division of Hotels and Restaurants ‘The respondent's busihess address 9; HOLLYWOOD, FLORIDA 33019 The matlng address of record is JIMBO OCEAN DR, HOLLYWOOD, FLORIDA 33019 Inspection of this establishment conducted pursuant to Sec 509 032, Fla of the provisions of Chapter 509, Florida Statutes, and / or the [rules pron operation of the establishment The violation(s) found and applicable law attached hereto and incorporated herein by reference Inspection dacume: incerporated herein by reference rules promulgated thereto Signed November 30, 2009 COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Flonda 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 foregoin dun 21 2010 DEPR OGA State of Florida License Number 1621824 License Type 20 0 Case Number 2008061027 Administrative Complaint b bl 9:20 PAGE tation VISION OF HOTELS AND OS SAND BAR, ic lodging establishments and br 509, Florida Statutes byect to the jurisdiction of the record is 6200 N OCEAN DR, SAND BAR, at 6200 N ‘is Statutes, revealed violations gated thereta governing re described in Exhibit "A," ts are attached as Exhibit "B”, Vocation, or refusal of a hcense 09, Florida Statutes, or the ‘0 more of the following Ken Buck, District Manager By delegation of the Director, Division of Hotels|& Restaura Department of Business & Pri g ADMINISTR ior designee ts fessional Regulation TIVE GOMPFLAINT has been hand served by me on this, day of , 2009 Inspector's Signature Racewved by I Operator's Signature Title Case Number 2008061027 License Number 1621824 2010 JIMBOS SAND BAR Fite Number 221562 Title | | District Numbar 02 Form revised 10 15 08 a3/ay Jun 21 2010 9:20 G6/ 26/2818 8d: ae 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number 1621824 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009061027 “EC" ag cited herein references specific provisians of the Food Code, Recommendations of the United States Publie Health Service, Food and Drug Administration, incorporated by Chapter 67, 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, Geteral Provisions", Florida Adreunistratve Cade, and 610-1 004(5), Florida Administrative Code “" denotes a critical violation [tts alleged that on August 6, 2009, November 4, 2009 the licensee was In vid ation of Flonda Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admmistrative Code (FAC), in the following particulars. Copy{s) of the report(s) for the above referenced nspection(s) are attached hereto and meorporated by reference ag Exhibit B “4 02-22-1 3-501 17(A) FG. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT EOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED 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 BELOW (1)41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1 A, OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PRE MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...HAM. ARED ON SITE AND HELD B. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING...CHEESE IN REACH-IN COOLER. C, OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...RIBS IN REAGH-IN COOLER. D. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED..FRIES IN REAGH-IN COOLER. E. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED..PORK RIBS IN|IREAR STORAGE REACH-IN GOOLER. * 2 08A-22-1 3-302 T1(A)(1) FG (A) FOOD SHALL BE PROTECTED F ROM CROSS CONTAMINATION BY (1) SEPARATING RAW ANIMAL FOODS DURING & ‘ORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INGLUBING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, A. OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS...PASTA/ CHICKEN IN REACH-IN COOLER. 8, OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS...CHICKEN AND POTATOES IN REACH-IN COOLER. * 8 0G-05-1 3-301 11(D} FG PREVENTING CONTAMINATION FROM HANDS (D) FOOD EMPLOYEES" SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT |S NOT IN A READY-TO-EAT FORM Case Number 2009061027 File Number 221562 Distret Number 02 License Number 1621824 2010 Form revised 10 15 09 JIMBOS SAND BAR Jun 21 2010 9:20 66/20/2616 4:68 8584146749 DEPR OGA PAGE 85/87 OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOQD CONTAINER of OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-T0-EAT...BAR. 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 A. OBSERVED NONFOOD-CONTACT EQUIPMENT EXPOSED TO SPLASH! SPILLAGE NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-ABSORBENT, SMOOTH AND EASILY CLEANABLE...FRONT REACH-IN COOLER. 4 15-35-1 4-101 111FC NONFOOD-CONTACT SURFACES OTHER FOOD SOIL SURFACES B. OBSERVED NONFOOD-CONTAGT EQUIPMENT IN POOR REPAIR...FRONT PANEL MISSINGAT REAGH-IN COOLER OVER GOMPRESSER. 5 21-12-1 39-304 14(BY(2) FC (B) CLOTHS USED FOR WIPING FOO AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802 11{D), STORE! AT A CONCENTRATION SPECIFIED IN SECTION 4-801 114, AND USED Fi FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. SPILLS SHALL BE (2) WET IN A CHEMICAL SANITIZER RWIPING SPILLS FROM “ 6 22-47-1 4-802 11(C) AND (D) FCG. (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMEN|T FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS (2B) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF (1) IN ST! POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAI SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD INA eee AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE F THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY | [TEMPERATURE/CLEANING FREQUENCY] THAT CORRESPONDS TOT H DEGREES FAHRENHEIT OR LESS - 24 HOURS, GREATER THAN 41 oT DEGREES FAHRENHEIT - 20 HOURS, GREATER THAN 45 DEGREES FA\ FAHRENHEIT - 16 HOURS, GREATER THAN 50 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT ED AT TEMPERATURES EN THEY ARE EMPTY; (2) ERATED ROOM OR LOWING CHART AND (A) THE FOLLOWING CHART TEMPERATURE [AT 41 ES FAHRENHEIT TO 45 RENHEIT TO 50 DEGREES 0.55 DEGREES FAHRENHEIT JFEMPERATURE OF THE ANED A CONTAINERS OF N 4 REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT. (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELI HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAIN TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTL . AND CAFETERIA LINES AINED AT THE 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 ORIN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3, (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNFACKAGED 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, (©) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE MULTIPLICATION OF PATHOGENIC OR TOXIGENIG MICROORGANISMS CAUSING FOODBORNE DISEASE, OR (7) IN-USE UTENSILS ARE INTER APID AND PROGRESSIVE HAT ARE CAPABLE OF ITTENTLY STORED IN A CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 125 EGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST FREQUENCY NECESSARY TO PRECLUDE AGGUMULATION OF SOIL RE OBSERVED SOILED REACH-IN COOLER GASKETS...LINE. Case Number 2009061027 File Number 221582 License Number 16216824 2070 JIMBOS SAND BAR ERY 24 HOURS OR AT A (DUES Dusinet Number 02 Form revised 10 15.09 Jun 21 2010 9:21 G6/ 26/2818 8d: ae 8584146749 DEPR OGA PAGE 86/a7 | | 7 25-05-1 4-903.11(C) AND (D)FG* (C)SINGLE-SER Ice AND aNG SHALL ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PAGKAGE OR STORED BY USING OTHER MEANS THAT AFFORD PROTECTION FROM GONTAMINATION UNTIL USED. (D) TEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR|ON DOLLIES, PALLETS. RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204 122 OBSERVED SINGLE-SERVICE ARTICLES IMPROPERLY STORED...BAR. © 8 31-12-41 5:205.11(B) FG" (B) USING A HANDWASHING FACILITY | A HANDWASHING LAVATORY May NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING A. OBSERVED HAND WASH SINK USED FOR PURPOSE OTHER THAN HAND WASHING...BAR, B. OBSERVED LESS THAN 1 HAND WASH SINK OR NUMBER REQUIRED BY LAW FOR EMPLOYEES. C, OBSERVED HAND WASH SINK MISSING IN FOOD PREPARATION RODM OR AREA...OUTSIDE BAR AREA. ; “99 32-15-1 6-301 14 FG AND 610-1 004(2)(2) FAC HANDWASHING SIGNAGE A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANOS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALLIBE CLEARLY VISIBLE TO FOOD EMPLOYEES" ! A. OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK UBED BY FOOD EMPLOYEES...BAR. B. OBSERVED BATHROOM DOORS LEFT OPEN OTHER THAN DURING GLEANING OR MAINTENANCE...LADIES. 10 36-22-1 6-501 12(A)FC.. (A) CLEANING, FREQUENGY AND RESTRICTIONS THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN OBSERVED FLOOR AREA(S) COVERED WITH STANDING WATER REAR STORAGE AREA. 41 37-05-1 810-1004(8)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 FOOD DEBI 1S... KITCHEN. 12 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 ART GLES. (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 F THE PACKAGES CAN 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 PAC GES ARE OPENED (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED|AGAINST BR FAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE STORAGE, 13 51-14-1 61-1 004(9KD) FAC (2) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER'TO SAFE OBSERVED CARBON DIOXIDE/ HELIUM TANKS NOT ADEQUATELY SECURED. i COATINGS OR COVERS...REAR Case Number 2008081027 File Number 221562 Distrat Number O02 License Number 1621624 2010 Form revised 10 15 09 JIMBOS SANGO BAR

Docket for Case No: 10-003341
Source:  Florida - Division of Administrative Hearings

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