State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, | vs. { j License Number 2613508 JOSEPHS PIZZA dent License Type 2010 spon a . Case Number 2011049797 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against JOSEPH'S PIZZA, (‘Respondent’), and says: j 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and i 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 30 OCEAN BLVD, 4 ATLANTIC BEACH, FLORIDA 32233,The mailing address of record is JOSEPH'S PIZZA, at 30 OCEAN BLVD, ATLANTIC BEACH, FLORIDA 32233. 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. 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 October 12, 2011 Michelle Haypfps, District Manager By delegatior’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: 7196 9008 9111 0476 4487 i HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT hasjbeen hand served by me on this. day of , 2011. Received by: Inspector's Signature Operator's Signature Title Title District Number: 05 Case Number: 2011049787 File Number: 183781 Form revised 09.10.11 License Number: 2613508 2010 JOSEPH'S PIZZA Filed June 19, 2012 1:55 PM Division of Administrative Hearings Exhibit A License Number: 2613508 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011049797 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. see was in violation of Florida Statute 509(FS) Itis alleged that on July 19, 2011, September 27, 2011 the licen wing and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the folio particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,03D-01-1 3-501.15FC:: COOLING METHODS. (A) COOLING SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE TIME AND TEMPERATURE CRITERIA SPECIFIED UNDER SECTION 3-5071.1 BY USING ONE OR MORE OF THE FOLLOWING METHODS BASED ON THE TYPE OF FOOD BEING COOLED: (1) PLACING THE FOOD IN SHALLOW PANS; (2) SEPARATING THE FOOD INTO SMALLER OR THINNER PORTIONS; (3) USING RAPID COOLING EQUIPMENT;(4) STIRRING THE FOOD INA CONTAINER PLACED IN AN ICE WATER BATH; (5) USING CONTAINERS THAT FACILITATE HEAT TRANSFER; (6) ADDING ICE AS AN INGREDIENT; OR (7) OTHER EFFECTIVE METHODS. (B) WHEN PLACED IN COOLING OR COLD HOLDING EQUIPMENT, FOOD CONTAINERS IN WHICH FOOD IS BEING COOLED SHALL BE: (1) ARRANGED IN THE EQUIPMENT TO PROVIDE MAXIMUM HEAT TRANSFER THROUGH THE CONTAINER WALLS; AND (2) LOOSELY COVERED, OR UNCOVERED IF PROTECTED FROM OVERHEAD CONTAMINATION AS SPECIFIED UNDER SUBPARAGRAPH 3-305)! 1 (A)(2), DURING THE COOLING PERIOD TO FACILITATE HEAT TRANSFER FROM THE SURFACE OF, THE FOOD. 4 OBSERVED FOOD BEING COOLED BY NON-APPROVED METHOD. PASTA COOLING AT 70°F, TIGHTLY COVERED IN WALK-IN COOLER. * 2.08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; ' OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. REPEAT VIOLATION. CUT PEPPERS AND SOUP UNCOVERED IN WALK-IN COOLER. * 3, 20A-10-1 4-501.114(A)FC:: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, - CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS,] OBSERVED DISHMACHINE CHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH. DISH MACHINE READING 0 PPM, CHLORINE. * denotes critical violation District: 05 Case Number: 2011049797 License Type: 2010 License Number: 2613508 File Number: 183781 JOSEPH'S PIZZA on ee Exhibit A * 4,22-25-1 4-601.11(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHAUL BE CLEAN TO SIGHT AND TOUCH. OBSERVED BUILD-UP OF SOILED MATERIAL ON MIXER HEAD. LARGE STAND MIXER. * 5, 30-02-1 5-203.14FC:: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING A AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED VACUUM BREAKER MISSING AT HOSE BIBB. MOP SINK IN DISH WASHING AREA. * denotes critical violation District: 05 Case Number: 2011049797 License Type: 2010 License Number: 2613508 File Number: 183781 JOSEPH'S PIZZA

Docket for Case No: 12-002165