Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment. The violatlon(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 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 rules promulgated thereto.
Signed April 25, 2011
, District Manager
By delegatio f 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: 7160 3901 9849 0947 4708
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this
Inspector's Signature
day of ,2011.
Received by:·
Operator's Signature
Title Tille
Case Number: 2011021415 File Number: 118212
License Number: 2612672 2010 CARL'S MAIN ST RESTAURANT
District Number: 05
Form revised 02.02.11
Filed February 20, 2012 3:24 PM Division of Administrative Hearings
Exhibit A
License Number: 2612672
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2011021415
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.
II is alleged that on February 2, 2011, April 13, 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. 05-09-1 4-204.112 FC:: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT.
EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE.
OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. REACH-IN COOLER.
2. 22-19-1 4-602.12 FC:: COOKING AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENTSHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602.11(0)(6). (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE.
OBSERVED INTERIOR OF MICROWAVE SOILED, REPEAT VIOLATION.
3A. 32-16-1 6-301.12 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS: (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL: OR ·
A HEATED-AIR HAND DRYING DEViCE.
. OB'SERVED HANDWASH SINK LACKING PROPER HAND DRYING PROVISIONS. EMPLOYEE RESTROOM. REPEAT VIOLATION.
denotes critical-violation Case Number: 2011021415 License Number: 2612672
CARL'S MAIN ST RESTAURANT
District: 05
License Type: 2010
File Number: 118212
L
Exhibit A
' 3B. 32-17-1 6-301.11 FC:: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP.
OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. EMPLOYEE RESTROOM.
