Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DUNKIN DONUTS/BASKIN ROBBINS
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Sebastian, Florida
Filed: Jan. 30, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 25, 2014.
Latest Update: Dec. 27, 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 1505756
DUNKIN DONUTS/BASKIN ROBBINS License Type 2010
Respondent. Case Number 2013048567
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DUNKIN DONUTS/BASKIN
ROBBINS, (“Respondeni’), 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, Fiorida 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 4640 W EAU GALLIE
BLVD, MELBOURNE, FLORIDA. 32935.The mailing address of record is DUNKIN DONUTS/BASKIN
ROBBINS, at 4640 W EAU GALLIE BLVD, MELBOURNE, FLORIDA 32935.
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 December 03, 2013
Valerie Freeman, District Manager
By delegation 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 2032 0056
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2013.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2013048567 — File Number: 202505 District Number: 04
License Number: 1505756 2010 Form revised 01.04.13
DUNKIN DONUTS/BASKIN ROBBINS
Exhibit A
License Number: 1505756
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2013048567
It is alleged that on August 09, 2013, October 11, 2013 Respondent was in violation of Florida Statute 509 (FS);
the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific
provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug
Administration, as incorporated by Chapter 61C, 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.
* denotes a high priority violation.
* denotes an intermediate priority violation.
* 4.31A-11-4 5-205.11(B) FC Intermediate: (B) Using a Handwashing Facility. A handwashing sink may
not be used for purposes other than handwashing.
The handwash sink next to the office was used for purposes other than handwashing.
2.36-41-4 6-501.12(A) FC Basic: (A) Physical facilities shall be cleaned as often as necessary to keep
them clean.
The fan cover in the walk-in cooler had an accumulation of dust/debris.
* 3.53B-01-4 509.049(5) FS . Intermediate: It shall be the duty of each public food service establishment to
provide training in accordance with the described rule to all food service employees of the public food service
establishment. The public food service establishment may designate any certified food service manager to
perform this function. Food service employees must receive certification within 60 days after employment.
Certification pursuant to this section shall remain valid for 3 years. All public food service establishments must
provide the division with proof of employee training upon request, including, but not limited to, at the time of any
division inspection of the establishment. Proof of training for each food service employee shall include the name
of the trained employee, the date of birth of the trained employee, the date the training occurred, and the
approved food safety training program used.
No proof of required state approved employee training was provided for any employees.
Case Number: 2013048567 File Number: 202505 District Number: 04
License Number: 1505756 2010 Form revised 01.01.13
DUNKIN DONUTS/BASKIN ROBBINS
Docket for Case No: 14-000508
Issue Date |
Proceedings |
Feb. 25, 2014 |
Order Closing File. CASE CLOSED.
|
Feb. 25, 2014 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 18, 2014 |
Notice of Hearing by Video Teleconference (hearing set for April 3, 2014; 9:00 a.m.; Sebastian and Tallahassee, FL).
|
Feb. 13, 2014 |
(Petitioner's Amended) Response to Initial Order filed.
|
Feb. 06, 2014 |
(Petitioner's) Response to Initial Order filed.
|
Jan. 30, 2014 |
Initial Order.
|
Jan. 30, 2014 |
Election of Rights filed.
|
Jan. 30, 2014 |
Administrative Complaint filed.
|
Jan. 30, 2014 |
Agency referral filed.
|