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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs KINGSTON DELIGHT, 11-005524 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-005524 Visitors: 28
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: KINGSTON DELIGHT
Judges: CATHY M. SELLERS
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Oct. 31, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 2, 2011.

Latest Update: Dec. 22, 2024
11005524_375_10312011_11552651_e


ExhIb1t A


License Number 2325679

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2010054871


"FC" as cited herein references specIfIc provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adm1n1strat1on, incorporated by Chapter 61C, Florida AdmInistrat1ve Code "NFPA" as cited herein references specific provIsIons of the National Fire Protection AssocIat1on Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General ProvIsIons", Florida Administrative Code, and 61C-1 004(5), Florida AdmIn1stratIve Code


"*" denotes a critical vIolat1on


It Is alleged that on August 9, 2010, and October 11, 2010, the licensee was In vIolatIon of Florida Statute 509(FS) and/or the Rules of the D1v1s1on of Hotels and Restaurants, Florida AdmIn1stratIve Code (FAC), in the follow,ng particulars Copy(s) of the report(s) for the above referenced inspectIon(s) are attached hereto and incorporated by reference as ExhIb1t B


  1. 23-03-1 4-601 11(C) FC (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS


    OBSERVED BUILD-UP OF GREASE ON NONFOOD-CONTACT SURFACE.


  2. 38-07-1 6-202 11 FC LIGHT BULBS, PROTECTIVE SHIELDING (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS, AND LINENS, OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM, AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED


OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS.



Case Number 2010054871 File Number 113542

License Number 2325679 2010

KINGSTON DELIGHT


District Number 01

Form revised 10 04 10


  • 3 536-08-1 509 049 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 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 SUPERVISIOl)I 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


OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.



Case Number 2010054871 File Number 113542

License Number 2325679 201O KINGSTON DELIGHT


DIstrtcl Number 01

Form revised 1O 04 1o


Docket for Case No: 11-005524
Issue Date Proceedings
Dec. 14, 2011 Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits, to the agency.
Dec. 02, 2011 Order Closing File. CASE CLOSED.
Dec. 01, 2011 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Nov. 30, 2011 Notice of Voluntary Dismissal filed.
Nov. 29, 2011 Petitioner's Witness List filed.
Nov. 29, 2011 Petitioner's (Proposed) Exhibit List filed.
Nov. 29, 2011 Transmittal letter to Judge with (Proposed) Exhibits (exhibits not available for viewing) filed.
Nov. 16, 2011 Order of Pre-hearing Instructions.
Nov. 16, 2011 Notice of Hearing by Video Teleconference (hearing set for December 6, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
Nov. 08, 2011 Response to Initial Order filed.
Oct. 31, 2011 Initial Order.
Oct. 31, 2011 Agency referral filed.
Oct. 31, 2011 Election of Rights filed.
Oct. 31, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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