Jun 6 2011 13:01

05/05/2011 13:45 8504145749 DBPR OGA PAGE 03

State of Florida

Department of Business anti Professional Regulation

Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

CAPTAIN'S PIZZA RESTAURAN'f

Respondent.

/

License Numbet. 6211259

License Type 2010

Case Number 2011006391

Administrative Complaint

The DEPAR'fMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CAPTAIN'S PIZZA RESTAURANT, ("Respondent"), and says:

1. Petitioner is the slate agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Stat1.1tes.

2. Respondent;., and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent'. business address of record is 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33i'.67.The mailing address of record is CAPTAIN'S PIZZA

   RESTAURANT, at 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33767.

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 applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B", incorporated herein by reference,

08, 2c:;

rules promulgated thereto.

_:

·: ...., _,-., /\

Signed February                         

..,,,.. r::--...._

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the

·-i:'1ore2, nager

By delegation of the Director, 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:

: ., : SENDERS" RECORD-. ,, ·:

'

1,

716 □ 39□1 9648 95□3 73□7

•

' "

''

,_j"' ,· ''" ' ,f I :

."'.'·Certified.A ticle.Number:·

l; ._1 ••------'-"'- I e• • 'I ' •

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINi has been

hand served by me on this     

Inspector's Signature

day of                                                      _,2011.

Received by:-=-----,--= -, ­

Operator's Signature

Title Title

caee Numt:i r: 2011006J91 File Number: 141492 License Nurnbor: 6211:!oS .010

CAPT1'\N'S PIZZA RESTAURANT

District Number: 03

FQtm evised 10,04.10

Jun 6 2011 13:01

05/05/2011 13:45 8504145749 DBPR OGA PAGE 04

Exhibit A

License Number: 6211259

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011006391

"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 January 19, 2011, February 1, 2011 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 above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B.

• 1. 02-22-1 3-501,17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR 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.

  READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24

  HOURS NOT PROPERLY DATE MARKED,

  
  

• 2. 03A-07-1 3-50116(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME JS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;

  OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATERTHAN 41 DEGREES

  FAHRENHEIT.

  
  

  • 3. 22-28-1 4-601.11(A) FC:: EOUIPM NT FOOD-CONTACT SURJ!ACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

    OBSERVED INTERIOR OF REACHIN COOLER SOILED WITH ACCUMULATION OF FOOD DEBRIS.

    
    

  • 4. 32-07-1 61C-1.004(2)(A) FAC:: (2)(A) BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS.

    OBSERVED BATHROOM FACILITY NOT CLEAN.

    
    

  • 5, 35A-05-1 6-501.111 FC:: CONTROLLING PESTS. THE PRE':SENCE OF INSE:CTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY:

(A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER,MEANS OF·PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7,206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED ROACH ACTIVITY AS EVIDENCED BY LIVE ROACH FOUND.

Cas.e Numtier. 2011008391 FIie Number: 14149:2

l.ioensl:! Numbar: e211isg :2010

CAPTAIN'S PIZZA RfSTALJRANT

District. Number; 03

Form ravl,od 10.04.10

Docket for Case No: 11-002810