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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GIUSEPPE'S ORIGINAL ITALIAN FOOD, INC., D/B/A GIUSEPPE'S ORIGINAL ITALIAN FOOD, INC., 16-005828 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005828 Visitors: 36
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
Source:  Florida - Division of Administrative Hearings

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