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Stat@ of FJori a

Department of BusiM$S and Pro es

lonal Reg

lation

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

Division of Hotels and eslaurants

vs.

CARBONES GRILL

Respondent.

                                        I

License Nu License Ty Case Num

019392

0020340

Admlnist Co I Int

The DEPARTMENT OF BUSINESS AND PROFESSIONAL R G LATION,

!VISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Compl in against C RBONES GRILL, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the pe ation 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, .ind has been at all times material hereto, Ice sed by or ubject lo the jurisdiction of the

   Division of Hotels and Restaurants. The r,:,spondent's bus ne s address f record Is 10114 S MILITARY TRL #102, BOYNTON BEACH, FLORIDA 33436.The mai in address of record Is CARBONES GRILL, at 10114 S MILITARYTRL #102, BOYNTON BEACH, FLOR D 33436.

3. Inspection of this establishment conducted pursuant to Se . 9.032, Flo 'da Statutes, revealed violations

of the provisions of Chapter 509, Florida Statutes, and/ or h rules prom !gated thereto governing operation of the establishment. The vlolation(s) found and ap licable law are described in Exhibit 'A," attached h,:,reto and incorporated herein by reference. Ins ec ion docum nts are attached as Exhibit "B'', incorporated herein by reference.

rules promulgated thereto. n

WHEREFORE, Petitioner respectfully requests entry of an Ord r i posing on or more of the following penalties; administrative fine not ta exceed $1,000 per offens s spension, vocation, or refusal of a license issued pursuant to this Chapt,:,r, and/or any other reli,:,f authori ed by Chapter 509, Florida Statut,:,s, or the

Signed April 21, 201o 'lJl

cKecn-Bu'c-k,=D-i t-ri t M+a-na,ge-r

---+ -----­

By delegation of he Director or designee Division of Ho el & Restaur nts

Department o 6 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 Seryit:Q

BYCERrlFIED U.S. MAIL, ARTICLE NUMBER:

I HEREBY CERTIFY that a true and correct copy of lhe foregoi DMINIST ATIVE COMPLAINT has been

ha d $erved by me on this     

Inspector's Signature

day of                                       ,c.....,'-----' 20 O.

Received b :-+-----+ ­

peralor's S gnature

Title itle

Case Numb r: 2010020340 Flle Number: 205585 License Number: M19392 2010

CAR90NES GRILL

District NtJmber: 02

Form revised 10.15.09

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Exhibit A

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License Number; 6019392

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010020340

"FC" as cited herein references specific provisions of the Foo Public Health Service, Food and Drug Administration, incorpor

C de, Reco t d by Chapt

mendatlons of the United States r 61C, Florida Administrative

Code. "NFPA" as cited herein references specific provisions o th National F re Protection Association Life Safety Code, Incorporated by referenoe at Chapter 4A•3, "Fire Pr enticn, G neral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative C de.

""" denotes a critical violation.

T AY.

It is alleged that on October 21, 2009, April 15, 2010 \he Ileen e was In viola Ion of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Fl rid Adminlstr live Code (FAC), in the following particulars. Copy(s) of the report(s) fer the above referenced i s ection(s) ar attached hereto and incorporated by reference as Exhibit B.

1. 15·25·1 NFPA 96, 6.2.4.1:: GREASE FILTERS SHAL BENEATH THEIR LOWER EDGES,

OBSERVED HOOD FILTl':RS NOT eQUIPPl':O WITH A ORI

D WITH A GREASE DRIP TRAY

• 2. 17.07-1 4-302.14 FC:: SANITIZING SOLUTIONS, T S ING DEVI ES, A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENT ION IN MIL IGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED.

  OBSeRVED NO CHEMICAL TEST KIT PROVIOED WHeN u I G CHEMIC L SANITIZER AT THReE­

  COMPARTMENT $INK/ WARE WASHING MACHINE.

  
  

• 3. 22,27-1 4•601.11(A) FC:: EQUIPMENT FOOD-CON A T SURFA ES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

  1. OBSERVeD FOOD·CONTACT SURFACES ENCRUSTED W H GREAS AND/ OR SOIL DEPOSITS...INTERIOR OF OVEN.

     
     

  2. OBSERVED SOIL BUILD-UP INSIDE ICE BIN.

  
  

• 4. 31-12-1 5-205.11(6) FC:: (B) USING A HANDWASH N FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HAND A HING.

  OBSERVl':D HAND WASH SINK USED FOR PURPOSES OT R THEN H ND WASHING..,FILLING

  WATE:R IN PAN.

  
  

• 5. 32·16·1 6-301,12 FC:: HAND DRYING PROVISION. E CH HAND ASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDE 1TH: (A) IN IVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUP LI S THE US R WITH A CLEAN TOWEL; OR

(C) A HEATED-AIR HAND DRYING DEVICE.

OBSERVED HAND WASH SINK LACKING PROPER HAND R ING PRO ISIONS...BY THREE­ COMPARTMENT SINK.

C se Number; 2010020340 File Number'. 205585

License Number: 6019392 01 O

CAReONES GRILL

Oi trlct Number: 02 Form revised 10.15.09

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* 6. 35B-04-1 6-202.15 FC:: OUTER OPENINGS, PROT C ED. (A) CEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH ( ) OF THIS ECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AG I ST THEE TRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OT E GAPS AL NG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND ( ) OLID, SEL -CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (Al OF THIS SECTION DOES N T PPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, I PORT, OR FFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND T E UTER OP NINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST H ENTRY O INSECTS AND RODENTS.

(C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SE F- LOSING I THEY ARE: (1l SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN N MERGEN Y EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVE HE FOOD STABLISHMENT; AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE R EXIT FRO THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENC XIT USE. ( ) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WIN SOR DO RS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITH! W ICH A FO D ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHE URPOSES RA TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AN OORS AS PECIFIED UNDER PARAGRAPH {A) OF THIS SECTION, THE OPENINGS SHA L E PROTE TED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SC E NS; (2) PR PERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECT ; R (3) 0TH R EFFECTIVE MEANS. (El PARAGRAPH (DJ OF THIS SECTION DOES NOT APPLY IF L ING INSEC SAND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMEN , HE WEAT ER, OR OTHER LIMITING CONDITION.

OBSERVED OUTER OPENINGS OF ESTABLISHMENT CA N T BE PRO ERLY SEALED WHEN NOT IN OPERATION...OPENING AT BOTTOM OF REAR POOR,

7. 37•06-1 61C-1.004(6l FAC:: (6) ALL BUILDING STR C URAL CO PONE'NTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN A D FREE O OBSTRUCTIONS. OBSERVED WALL SOILED WITH ACCUMULATED GREAS ... INE.

Case Numbi;!r: 2010020340 Flle Number: 205585

Licen!;le Number: 6019392 2010 CARSONES GRILL

District Number: 02

Form revised 10.15.09

Docket for Case No: 11-002264