State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs

CANALETTO'S ITALY RESTAURANT INC CANALETTO'S ITALIAN RESTAURANT

Respondent

License Number 9900000

License Type 2051

Case Number 2011027368

--------'

Administrative Complaint

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

RESTAURANTS, ("Pet1t,oner"), files this Adm1rnstrat,ve Complaint against CANALETTO'S ITALY RESTAURANT INC, CANALETTO'S ITALIAN RESTAURANT, ("Respondent") , and says

1. Petitioner 1s 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, Florrda Statutes

2. Respondent 1s, and has been at all times matenal hereto, licensed by or subJect to the JUrtsd1ct1on of the

   D1v1s1on of Hotels and Restaurants The respondent's business address of record 1s 4595 HYPOLUXO RD, LAKE WORTH, FLORIDA 33463 The mailing address of record 1s CANALETTO'S ITALIAN RESTAURANT, at714 SUNNY PINEWAY#E2, GREENACRES, FLORIDA 33415

3. lnspectmn of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed v1olat1ons of the prov1s1ons of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment The v1olat1on(s) found and apphcable law are described in Exh1b1t "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1t "B", incorporated herein by reference

ALw

WHEREFORE, Petitioner respectfully requests entry of an Order 1mpos1ng one or more of the following penalties adm1rnstrat1ve 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     A

Signed May 31, 2011

_ Ke..n,.,_B_u_c,k- =o ""'ltsn'c-- _t_ M_aagn_e r ­

By delegation of the Director, or des1gnee DJV1s1on 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:                                        

t HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

day of                                                          ,2011

Received by                                                          _

Inspector's Signature Operator's Signature

Title Trtle

Case Number 2011027368 File Number 1461

License Number 9900000 2051 CANALETTO'S ITALIAN RESTAURANT

District Number 02

Form revised 02 02 11

Filed March 12, 2012 11:41 AM Division of Administrative Hearings

Exhrbrt A

License Number NO UC

Lrcense Type 2051 NON-LICENSED FOOD SERVICE

Case Number 2011027368

"FC" as cried herern references specrfrc provrsrons of the Food Code, Recommendatrons of the Unrted States Public Health Servrce, Food and Drug Adminrstratron, incorporated by Chapter 61C, Florrda Admrnrstratrve Code "NFPA" as crted herein references specrfrc provrsrons of the National Frre Protection Assocratron Lrfe Safety Code, incorporated by reference at Chapter 4A-3, "Frre Prevention, General Provrsrons", Florida Adminrstratrve Code, and 61C-1 004(5), Florrda Admrnrstratrve Code

"*" denotes a crrtrcal vrolatron

It rs alleged that on February 15, 2011, Aprrl 25, 2011 the licensee was rn vrolatron of Florrda Statute 509(FS) and/or the Rules of the Drvrsron of Hotels and Restaurants, Florrda Admrnrstratrve Code (FAC), rn the following particulars Copy(s) of the report(s) for the above referenced inspectron(s) are attached hereto and incorporated by reference as Exhrbrt B

• 1 17-09-1 2-103 11(1) FC PERSON IN CHARGE THE PERSON IN CHARGE SHALL ENSURE THAT (I) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING, OBSERVED LACK OF USE OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE­ COMPARTMENT SINK/WAREWASHING MACHINE.

  
  

• 2 35B-04-1 6-202 15 FC OUTER OPENINGS, PROTECTED (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS, (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS (C} EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER

  PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) 16 MESH TO 1 INCH SCREENS, (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS, OR (3) OTHER EFFECTIVE MEANS (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION

  OBSERVED OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION: BACK DOOR.

  
  

  Case Number 2011027368 Frie Number 1461

  License Number 9900000 2051

  CANALETTO'S ITALIAN RESTAURANT

  District Number 02

  Form revised 02 02 11

  
  

  
  

  • 3 50-08-1 509 241(2) FS (2) APPLICATION FOR LICENSE EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION

    OBSERVED ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTELS & RESTAURANTS LICENSE: NEW OWNER.

    
    

  • 4 53A-01-2 509 039 FS AND 61C-4 023(1) FAG 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 FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A 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 CERTIFICATION UPON REQUEST

  OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION.

  
  

• 5 538-08-1 509 049 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 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 AFTER EMPLOYMENT CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.

Case Number 2011027368 File Number 1461

License Number 9900000 2051

CANALETTO'S ITALIAN RESTAURANT

D1str1ct Number 02

Form revised 02 02 11

Docket for Case No: 12-000875