Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GIUSEPPE'S ORIGINAL ITALIAN FOOD, INC., D/B/A GIUSEPPE'S ORIGINAL ITALIAN FOOD, INC.
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Oct. 06, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 29, 2016.
Latest Update: Nov. 17, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case Number: 2016035313
GIUSEPPE'S ORIGINAL ITALIAN FOOD INC peace Ds Oy eat
d/b/a GIUSEPPE'S ORIGINAL ITALIAN FOOD INC, Pie hue ‘ag a70ees
Respondent. KeNumber
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against GIUSEPPE'S ORIGINAL ITALIAN
FOOD INC d/b/a GIUSEPPE'S ORIGINAL ITALIAN FOOD INC, (“Respondent”), and says:
1. 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 6550 CAROLINE ST
#17, MILTON, FLORIDA 32570.The mailing address of record is GIUSEPPE'S ORIGINAL ITALIAN FOOD
INC d/b/a GIUSEPPE'S ORIGINAL ITALIAN FOOD INC at 6550 CAROLINE ST #17, MILTON, FLORIDA
32570.
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 July 28, 2016
ee ge
Robert N. Protorfiastr ict Manager
By delegatigf of the Diréctor, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
2S
9, Di
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Regulation
2601 Blair Stone Road
Tallahassee, FL 32399-2202
“Certified Article Number
Seniicwuritfavi 4434 72bb 9904 2048 5937 09 |
ertificate o ervice .
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: “@iEiMlibszaibAcaaiAbsaAibah enn ama
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2016.
Received by:
Inspector's Signature Operator’s Signature
Title Title
District Number: 06
Case Number: 2016035313 File Number: 270959
Form revised 04.01.16
License Number: 6701327 2010
GIUSEPPE'S ORIGINAL ITALIAN FOOD INC
Exhibit A
License Number: 6701327
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2016035313
It is alleged that on April 04, 2016, June 16, 2016, July 19, 2016 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.
“1.41-10-4 7-201.11 FC High Priority: Poisonous or toxic materials shall be stored so they can not
contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (A) Separating the
poisonous or toxic materials by spacing or partitioning; and (B) Locating the poisonous or toxic materials in an
area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This paragraph
does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for
availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils,
linens, and single-service and single-use articles.
Observed toxic substance/chemical improperly stored. Window cleaner stored on shelf above dough
mixer. Upon callback on 6/16/2016, observed window cleaner hanging on shelf above mixer. Upon
callback on 7/19/2016, observed same conditions.
* 2.53B-01-5 509.049(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.
Observed no proof of required state approved employee training provided for any employees. Upon
callback on 6/16/2016, observed same conditions. Explained to employee that training materials need to
be ordered and complete required training for all employees that conduct food preparation if they have
been employed over 60 days. Upon callback on 7/19/2016, observed same conditions.
District Number: 06
Case Number: 2016035313 File Number: 270959
Form revised 04.01.16
License Number: 6701327 2010
GIUSEPPE'S ORIGINAL ITALIAN FOOD INC
Docket for Case No: 16-005828
Issue Date |
Proceedings |
Nov. 29, 2016 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 29, 2016 |
Joint Motion to Relinquish Jurisdiction filed.
|
Nov. 21, 2016 |
Transmittal Letter (regarding exhibits) filed.
|
Nov. 21, 2016 |
Petitioner's Exhibit List filed.
|
Nov. 21, 2016 |
Petitioner's Witness List filed.
|
Oct. 17, 2016 |
Order of Pre-hearing Instructions.
|
Oct. 17, 2016 |
Notice of Hearing by Video Teleconference (hearing set for December 6, 2016; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
|
Oct. 11, 2016 |
Response to Initial Order filed.
|
Oct. 07, 2016 |
Initial Order.
|
Oct. 06, 2016 |
Election of Rights filed.
|
Oct. 06, 2016 |
Administrative Complaint filed.
|
Oct. 06, 2016 |
Agency referral filed.
|