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State of Flori a

Department of Business and Pro as lonal Reg lation

Division of Hotels and

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

1

Petitioner

es aurants

VS,

JIMMY'S POR BOY BISTRO

Respondent

---------'

License Nu License Typ Case Numb

Administrative Co

012859

0019841

I int

The DEPARTMENT OF BUSINESS AND PROFESSIONAL R G LATION,

RESTAURANTS, ("Petitioner"), files this Administrative Campi in against JI ("Respondent"), and says:

IVISION OF HOTELS AND MY'S POR BOY BISTRO,

1. Petitioner is the state agency charged with regulating the pe lion of pu lie lodging establishments and

   public food service establishments, pursuant to Section 20 1 5 and Chap er 509, Florida Statutes.

2. Respondent is, and has been at all times material hereto, Ice sed by or ubject to the jurisdiction of the Division of Hotels and Restaurant$. The respondent's bus n ss address I record is 9 S SWINTON AVE, DELRAY BEACH, FLORIDA 33483.The mailing address fr cord is JIM Y'S POR BOY BISTRO, at 36 SALINA AVENUE, DELRAY BEACH, FLORIDA 33483.

3. Inspection of this establishment conducted pursuant to Se . 09.032, Flo ida Statutes, revealed violations of the provisions of Chapter 509, Florida Sta\UtM, and I or th rules prom !gated thereto governing operation of the establishment. The violation(s) found and a licable law are desclibed in Exhibit "A," attached hereto and incorporated herein by reference. Ins e ion docum nts are attached as Exhibit "B",

incorporated herein by reference. I

l 0

WHEREFORE, Petitioner respectfully requests entry of an Ord r mposing one or more of the following penalties: administrative fine not to exceed $1,000 per offens , s spension, evocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authori e by Chaple 509, Florida Statutes, or the

rules promulgated thereto.

Signed April 19, 2010

,.,.----,,-,.....,=-,-t,,-,t-,-,----j---------

Ken Buck, Di tri t Manager

By delegation of he Directo or designee Division of H el & Restaur nts

Department o B siness & P ofessional 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., ARTICLJ':. NUMBER:

I HER.EBY CERTIFY that a true and correct copy of the forego ng ADMINIST ATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day 01                                    ---t----t • 2 10.

Receivedb '-1------+ ­

perator's ignature

TIiie itle

Case Numbor: 2010019B41 File Number: 234432 LIC9nso Number: 6012859 2010

JIMMY'S POR OOY BISTRO

District Number: 02

Form revised 10.15,09

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Exhibit A

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PAGE 04

License Number: 6012859

License Type; 2010 PERMANENT FOOD SERVICE

Case Number: 2010019841

"FC" as cited herein references specific provisions ol the Foo

C de, Reco

menda!lons of the United States

Public Health Service, Food and Drug Administration, incorpo t d by Chap! r 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions o th National F re Protection Association Life Safely Code, incorporated by reference at Chapter 4A-3, "fire Pr v,,,ntion, G neral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative C de.

"w-1' denotes a critical violation.

It Is alleged that on February 9, 2010, April 12, 2010 the licens e was in viola ion of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Fl rid Admlnlstr live Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced i s ection(s) ar attached hereto and incorporated by reference as Exhibit B.

• 1. 53B-08-1 509,049 FS: FOOD SERVICE EMPLOYEE T AINING. T E DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STAND R S FOR TH TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR TH S ORAGE, REPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMEN S EGULATE UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINAT O , BUT SHA L PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD E VICE EMP OYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE I ISION. AN1 FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD H NDLER E PLOYEl':.S PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED B T E OPERA OR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF TH L CENSEE F THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDAN E 1TH THE ESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR NTROL. T E LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTIO AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE C RTIFICATI N PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOY E HIRED A TER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER PLOYMEN . CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAIN N PROVIDE , ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVIS\ Nr,ITH PRO F OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT H TIME OF NY DIVISION INSPECTION OF THE ESTABLISHMENT.

Case Number: 2010019841 Fila Number: 234432

LlcenM Number: 6012859 2010 JIMMY'S POR BOY BISTRO

m trlc:t Number: 02 Form revised 10.15.09

Docket for Case No: 11-002262