Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JOSEPH'S PIZZA
Judges: SUZANNE VAN WYK
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Jun. 19, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 16, 2012.
Latest Update: Jan. 02, 2025
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
Issue Date |
Proceedings |
Aug. 16, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 16, 2012 |
Notice of Voluntary Dismissal filed.
|
Aug. 10, 2012 |
Petitioner's Proposed Exhibits (exhibits not available for viewing) |
Aug. 09, 2012 |
Transmittal Letter filed.
|
Aug. 09, 2012 |
Petitioner's (Proposed) Exhibit List filed.
|
Aug. 09, 2012 |
Petitioner's Witness List filed.
|
Aug. 02, 2012 |
Notice of Transfer.
|
Jul. 02, 2012 |
Order of Pre-hearing Instructions.
|
Jul. 02, 2012 |
Notice of Hearing by Video Teleconference (hearing set for August 20, 2012; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Jun. 27, 2012 |
Response to Initial Order filed.
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Jun. 20, 2012 |
Initial Order.
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Jun. 19, 2012 |
Agency referral filed.
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Jun. 19, 2012 |
Election of Rights filed.
|
Jun. 19, 2012 |
Administrative Complaint filed.
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