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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs TAJ GRILL AND CURRY, 12-002301 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002301 Visitors: 35
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: TAJ GRILL AND CURRY
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Gainesville, Florida
Filed: Jul. 03, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, September 25, 2012.

Latest Update: Jun. 06, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 1100210 TAI GRILL & CURRY dent License Type 2010 espon ; . Case Number 2011051417 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against TAJ GRILL & CURRY, (‘Respondent’), and says: 4. Petitioner is 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, 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 2109 NW 13 ST, GAINESVILLE, FLORIDA 32609.The mailing address of record is TAU GRILL & CURRY, at 4126 NW 26 DR, GAINESVILLE, FLORIDA 32605. 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 24, 2011 Michelle Haynes, District Manager By delegatiorif 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 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 0476 4876 | 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 Title Case Number: 2011051417 — File Number: 235054 District Number: 05 License Number: 1100210 2010 Form revised 09.10.14 TAJ GRILL & CURRY Filed July 3, 2012 9:50 AM Division of Administrative Hearings Exhibit A License Number: 1100210 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011051417 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. Itis alleged that on May 24, 2011, May 25, 2011, July 27, 2011, September 28, 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 repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1,03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F, IN TOP OF REACH-IN UNIT: CHEESE CUBES AT 50°F. ON SALAD BAR: YOGURT AT 54°F, RICE PUDDING AT 59°F. IN WALK-IN COOLER UNIT: RICE PUDDING AT 47°F, YOGURT AT 48°F, MILK AT 48°F. REPEAT VIOLATION. * 2A. 0BA-27-1 3-302,11(A)(1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; OBSERVED RAW ANIMAL FOOD STORED OVER COOKED FOOD. RAW EGGS OVER COOKED FOODS IN WALK-IN COOLER. REPEAT VIOLATION. INSPECTIONS DATED 05/24/11, 05/25/11 AND 09/28/11. * 2B. 08A-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (CG) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204,122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR. CARROTS AND TOMATOES. REPEAT VIOLATION. INSPECTIONS DATED 05/24/11, 05/25/11 AND 09/28/11. 3.14-51-1 4-101.141 FC: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- * denotes critical violation : District: 05 Case Number: 2011051417 License Type: 2010 License Number: 1100210 File Number: 235054 TAJ GRILL & CURRY Se ee Exhibit A RESISTANT, AND NONABSORBENT; (C) SUFFICIENT !N WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED NON-FOOD GRADE CONTAINERS USED FOR FOOR STORAGE. GROCERY BAGS, PLASTIC CONTAINERS. REPEAT VIOLATION. INSPECTIONS DATED 05/24/11, 05/25/11 AND 09/28/11. District: 05 License Type: 2010 File Number: 235054 * denotes critical violation Case Number: 2011051417 License Number: 1100210 TAJ GRILL & CURRY

Docket for Case No: 12-002301
Source:  Florida - Division of Administrative Hearings

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