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State of Florida

Department of Business and Professional Regulation

Division of Hotels and Restaurartt!!I

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

PEACHTREE RESTAURANT & LOUNGE

------- '

Respondent.

License Number. 2312645 License Type 201O

Case Number 2010027640

Administrative Complaint

The DEPARTMEN1 OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against PEACHTREE RESTAURANT &

LOUNGE; ("Respondent'), and says:

1. Petitioner Is the state agency charged with regulating the operation of public lodgIng establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes.

2. Respondent is, and has been at all times material hereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 51 HOMESTEAD BLVD, HOMESTEAD, FLORIDA 33030.The mailing address of record is Pi=ACHTREE RESTAURANT & LOUNGE, at 51 HOMESTEAD BLVD, HOMESTEAD, FLORIDA 33030.

3. Inspection of !his establishment conducted pursuant to Sec. 509.032, Florlcla Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establlshmenl. The vlolellon(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.

WHEREFORE, Petitioner respectfully requests enlry of an Order Imposing one or more of the following penalties: administrative fine not lo 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 rules promulgated thereto_

Signed June 03, 2010

· GOUNS!;;LFORTHE DEPAR1'.MENT;

Marc Drexler, Lead Attorney Florida l3ar No. 0467056_

ShanAie-Kallas,-.OistrlclManaget _ .. _ . By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

.Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399"2202

Certificate of Service

BY CEIRTIF/E;D U.S. MAit., ART/Ct.E NUMBS:R: 7160 3901 9848 6921 5342

I HEREBY Ci=RTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT hes been

hand served by me on this_ day of-------, 2010.

Received by: .,.,._----e,---,...,...------

Inspector's Signature

. · Operafor's Slgn tute

TIiie Title

I

!

C••• Number; 0100,7840 Filo Number. 110195

Licon•• Numbor: 2312645 2010

- EACHTREE RESTAURANT & LOUNGE

District Number: 01

Form revl••cl 10.15.09

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Exhibit A

License Number: 2312645

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010027640

"FC" as cited herein references specific provisions of the Food Code, Recommendations of the \,lnlted 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 Coda, and 610-1.004(5), Florida Administrative Code.

"'" denotes a critical violation.

It is alleged that on December 22, 2009, and May A, 2010, 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 inspectlon(s) are attached hereto and incorporated by reference es Exhibit B.

1.. 14·28·1 4-204.16 FC:: BEVERAGE TUBING, SEPARATION. BEVERAGE TUBING AND COLD­ PLATE BEVERAGE COOLING DEVICES MAY NOT BE INSTALLED IN CONTACT WITH STORED ICE. THIS SECTION DOES NOT APPLY TO COLD PLATES THAT ARE CONSTRUCTED INTEGRALLY WITH AN ICE STORAGI':: BIN.

OBSERVED BEVERAGE TUBING/COLD PLATE NOT SEPARATED FROM STORED ICE. REPEAT VIOLATION.

• 2. 53A-01-2 5og_o3g FS AND 610-4.023(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

...  .       f._OQD_eBO.IEPTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO

SUCCESSFULLY PASS AN APPROVED CERTIFICATION EAAl\/\ll\lATIOl'fSFl'AtC-BE-rSStJECH'I--·-··--····--·····-..·•-.-............

CERTIFICATE BY.THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD .OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE

DIVISION WITH PROOF OF FOOD SERVICE,MANAGER.CERTIFJ.CATIQN UPON REQUEST.... .. .

•.,. •.•• " •••, • •-, - """', •••••••••: C"-•-::-•:••-:-.--:-• •-,••,•••: •-•-••--!"" .-,-, ..,.... _.-•,'"' ""'•...:...,_.,,... ,,.,..•." •-•••• ''' , .... .,,,. ""••'•'- ,. ,..: ..... ,' ,•n. :: ;, .:, ,s.,' ,, '.,:•.•.-,• ..:;:• _• :...... ::_ •,:••• : •-•• --••••-.,1,,..,

. OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. REPE=AT VIOLATION. '

...,

Caso Numbor: zo10027640 File Number: 110195

Lleon=-e Number. '- 12B46 2010

PEACHTREE RESTAURA'ff & LOUNGla

Dlslrlet Number: 01

Form revised 10.15.09

.... ···-····

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i-

''

• 3. 538-08"1 509.049 I'S: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT,

BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD I SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR i 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 HANDLER 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 Ai=TER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDeD. REPEAT VIOLATION.

Caso Number: 2010027640 FIie Numbor: 110196

Licon•• Numbec 2312845 2010

PEACHTREE RESTAURANT & LOUNGE

Cletrict Number; 01

Form re-vised 10.1.5.09

Docket for Case No: 11-002988