STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS ) REGULATION, DIVISION OF HOTELS ) AND RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 87-2418
)
NAJEEB IQBAL, d/b/a SISTER )
DONUT & BAGELS, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held in this matter at the Dade County Courthouse on August 26, 1987 before William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings. The Respondent did not appear; Petitioner presented its evidence, and at the conclusion of the evidence stated that it waived its right to file proposed findings of fact and conclusions of law.
ISSUE
The issue is whether Najeeb Iqbal, d/b/a Sister Donut & Bagels is guilty of violations of rules governing public food service establishments.
FINDINGS OF FACT
On June 24, 1987, this matter was noticed for hearing at the Dade County Courthouse for August 26, 1987. A copy of the notice was served upon the Respondent at its business address, 13889 West Dixie Highway, North Miami, Florida 33161. Respondent did not appear at the hearing, although in a telephone conversation with the attorney for the Division of Hotels and Restaurants he had indicated that he was aware of the hearing and had stated his intention to attend.
Sister Donut & Bagels is owned by Najeeb Iqbal, and it is a licensed food service establishment in North Miami Beach, Florida. The establishment was-inspected by Frances Reid, a Department of Health and Rehabilitative Services Environmental Health Specialist on February 4, 1987 during a regular three month inspection performed on licensed food service establishments.
Ms. Reid found ten violations. The food service inspection report permits the inspector to classify the violations as major or minor, and all the violations were listed as minor. The report also states that a re-inspection to check on the violations listed would be made on February 9, 1987.
The re-inspection on February 9, 1987 was made. At that time six violations remained. Referencing them to the food service inspection report (Exhibit 2) these included:
#9 - The manner in which ice was handled because there was no drain to remove excess water from the ice as it melted,
#14 - Food items behind the counter were placed on shelves which had not been cleaned or painted,
#23 - A table in the back of the establishment for a bagel oven had not been cleaned,
#27 - Hot water was not available at the hand washing sink in the front of the establishment which is needed for good hygiene in food preparation.
#29 - The plumbing was not properly maintained (this is essentially a restatement of the prior violation concerning the hot water at the hand washing sink), and
#35 - There was no screen for the men's restroom window which would contribute to the entry of vermin in the establishment.
Ms. Reid had specifically pointed out each of these violations to Mr. Iqbal at the time the original inspection was done on February 4, 1987 and they should have been corrected by February 9, 1987.
This is not the first time that Sister Donut & Bagels has been found in violation of the rules governing public food service establishments. A prior case in 1984 resulted in the imposition of a $200 fine, a case in 1985 resulted in the imposition of a $100 fine and another case in 1987 resulted in the imposition of a $100 fine.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over this matter pursuant to Section 120.57(1), Florida Statutes (1985).
Rule 10D-13.024(12), Florida Administrative Code provides in part:
Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins' shall be drained through an air gap.
The failure to drain excess water from ice exposes it to contamination and is a violation of this rule.
Rule 10D-13.026(2)(i), Florida Administrative Code provides:
Food contact surfaces shall be easily cleanable, smooth and free of breaks, open seams, cracks, chips, pits, and similar imperfections and free of difficult to clean internal crevices.
The shelves for food items behind - the counter fail to meet this requirement and constitute a violation of the rule.
Rule 10D-13.026(4)(a), Florida Administrative Code provides:
Non-food contact surfaces of equipment shall be cleaned at such intervals as is necessary to keep them free of dust, dirt, food particles and otherwise in a clean and sanitary condition.
The failure to clean the table for the bagel oven and the bottom of the table on which it was placed is a violation of this rule.
Rule 10D-13.027(1), Florida Administrative Code provides in part:
Hot and cold running water under pressure shall be provided in all areas where food is prepared and multi-use utensils are washed. Both hot and cold running water under pressure shall also be provided to all employee hand washing sinks in new or extensively remodeled establishments.
The failure to have hot running water in the hand washing sink at the front of the establishment violates this rule. It also violates Rule 10D-13.027(4) which requires that the plumbing of an establishment:
[N]ot constitute a source of contamination of food, equipment or utensils or create an unsanitary condition or nuisance.
Because the availability of hot water for hand washing in a food preparation area is a necessary condition for sanitary preparation, this constitutes a violation of the rule.
Rule 10D-13.027(8), Florida Administrative Code provides in part: All openings to outer air, including windows,
doors, skylights, transoms and intake and exhaust ducts shall be effectively protected against the entrance of flies and other flying insects by self-closing doors which open outward, closed windows, screening, controlled air currents or other effective means.
The failure to provide screens in the men's restroom is a violation of this rule.
Under Section 509.261(2), Florida Statutes (1985), the Division of Hotels and Restaurants may impose fines against licensees who have violated the rules of the Division. The fine may not exceed $500 for each offense. Treating the two violations arising from the failure to have hot water at the front hand washing sink as basically the same offense, the Department has proven a total of five offenses. In view of the prior occasions on which the Department has had to fine this establishment, a total fine of $1,500 is appropriate here.
It is recommended that a fine of $1,500 be imposed on Najeeb Iqbal, d/b/a Sister Donut & Bagels for violations of the rules of the Division of Hotels and Restaurants governing public food service establishments.
DONE and ORDERED this 28th day of August, 1987, in Tallahassee, Florida.
WILLIAM R. DORSEY, JR.
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1987.
COPIES FURNISHED:
Mr. Najeeb Iqbal
13899 West Dixie Highway North Miami, Florida 33161
Lynne A. Quimby, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000
Norm Hayes, District Supervisor Division of Hotels and Restaurants
510 State Office Building 1350 N.W. 12th Avenue Miami, Florida 33136
James Kearney, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000
Thomas A. Bell, General Counsel Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32399-1000
R. Hugh Snow, Director
Division of Hotels and Restaurants 725 South Bronough Street Tallahassee, Florida 32399-1000
| Issue Date | Proceedings |
|---|---|
| Aug. 28, 1987 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Aug. 28, 1987 | Recommended Order | Respondent found guilty in violation of Rules of the Div. of Hotels & Rest. governing public food service establishments. Fined $1500. |
