12/28/2010 12:12 8504145749

Dec 28 2010 11:25

DBPR OGA

PAGE 03

State of Florida

Department of Business and Professional Ragulation Division of Hotels and Restaurants

DEPARTl ENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

JOHN PARDO CONVENIENT STORE MFDV

                                        Re:sp□nde! nt.

License Number. 5852754

License Type 2014

Case Number 2010005483

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint gainst JOHN PARDO CONVENIEl T STORE MFDV, ("RespMdent"), and says

1. Petitioner is the stale agency charged with regulating the operation of public lodging establishments and public iood service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.

,2, Respondent is, and has been at all limes material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 1325 SLIGH BLVD,

ORLANDO, FLORID.A 32806.The m iling address of record is JOHN PARDO CONVENIENT STORE MFDV, at 1325 SLIGH BLVD, ORLANDO, FLORIDA 32606.

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 \heretc, governing operation of the establishment, The violation(s) found and applicable law are descrtbed in Exhibit "A,"

attached hereto and incorporated herein i;>Y reference. Inspection documents are attached as Exhibit "B",

incorporated herein by reierence,

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to excsed $4 ,ODO per offense, suspension, revocation, or refusal of license

issued pursuant to this Chapter, and/or any other relief ;;,uthorized by Chapter 509, Florida Statutes, or the rules oromulgated thereto. ·

· Signed February 03, 2010

__J_(;-lL1.,,.      0 -··

Vale;ie Freeman, District Manager

By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & ProiessiMal Regulation

COUl SEL FOR THE DEPARTMENT'

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Department oi Business & Proiessional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAI/.., ARTICLE NUMBER:                                       

I HEREBY CERTIFY that e true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has beer\

hand served by me Ori this     

Inspector's Signature

day of                                                             ,2010.

Received by:--c---..,....-= ­

Operator's Signature

Title Title

C se NumMr: 20100054B3 FIi Number: 22161

l.icense NumMr: 585::i!?G4 2014

JOHN ARDD CONVENIENT STORE MFDV

District Number: 04

Form revised 10.15.09

Dec 28 2010 11:25

12/28/2010 12:12 8504145749 DBPR OGA PAGE 04

Exhibit A

License Number: 5852764

License Type; 2014 MOBILE FOOD DISPENSING VEHICLE

Case Number: 2010005463

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. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

• denotes a critical violation.

  
  

  It is alleged that on October 6, 2009, December 30, 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 aoove referenced inspectlon(s) are attached hereto and Incorporated by reference as Exhibit 8,

  
  

  * 1. OBA-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR Nuts INTHE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER, SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS.

  
  

  CONDIMENTS OFFERED FOR CUSTOMER SELF SERVICE WERE NOT PROPERLY PROTECTED FROM CONTAMINATION. (ONIONS, SAUERKRAUT, AND RELISH).

  
  

• 2. 53A-01·2 509.039 FS AND 61C-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 A CERTIFICATION 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 IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHML"NTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST...

THERE WAS NO PROOF OF FOOD MANAGER CERTIFICATION PROVIDED.

• denotes critical violation Case Number: 2010005483 License Number: 5852764

  ,JOHN PARDO CONVENIENT STORE MFDV

  District: o i

  License Type: 2014

  File Number: 22161

  Dec 28 2010 11:26

  12/28/2010 12:12 8504145749 DBPR OGA PAGE 05

  
  

  Exhibit A

  
  

  • 3. 53B-08-1 509.049 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 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 HANDLE::R 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.

THERE WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING PROVIDED.

• denotes critical violation Case Numtier: 2010005463 Lloense Number: 5852764

JOHN PARDO CONVENIENT STORE MFDV

District: 04

License Type: 2014

File Number: 22161

Docket for Case No: 10-010924