@ e STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. License No. 74-03340-R BRIAN'S BAR BQ Case No. 4-00-210 Respondent. ! . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: BRIAN'S BAR B Q, (“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 Sec. 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 last known business address is 795 N. SPRING GARDEN AVENUE, DELAND, FL 32720.The last known mailing address is SPRING GARDEN FOODS, INC., 795 N. SPRING GARDEN AVENUE, DELAND, FL 32720. 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. : . WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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 June 21, 2000 L : : be nrol ott 2 Burks Vi , Kendall Burkett, District Administrator By delegation of Susan R. McKinley, Director . Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: : . ” Gail Hogé, Senior Attorney ot Florida Bar No. 0909289 . Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 _ Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this _ day of 2000. Received by: Inspector’s Signature Operator’s Signature Title Title Case No: 4-00-210 Revised 5/10/2000 License No: 74-03340-R Business Name: BRIAN'S BAR 8B Q It is alleged that on May 23 and June 9, 2000 the licensee was in violation of Florida Statute 509 d tthe R of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particufarg:9. iz 1. 08a-18 08c-1 2. *12 3. 14-32 3-305.11 FC 3-302.11(A)(4) FC _ 61C-4.010(1)(a)(3) FAC 4-502. 11(A) FC License #: 74-03340R Case #: 04-00-9°y FOOD Storage. (A) Except as specified in {{ (B) and (C) of this section, FOOD shall be protected from contamination by storing the FOOD: (1) In a clean, dry location; (2) Where it is not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6 inches) above the floor. (B) FOOD in PACKAGES and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling EQUIPMENT as specified under § 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. . . (A) FOOD shall be protected from cross contamination by: (4)... storing the FOOD in PACKAGES, covered containers, or _ wrappings; A. THERE WERE CASES OF FOOD ON THE FLOOR IN THE ~- WALK-IN FREEZER. : B, THE TEA LEAVES IN THE FILTERS IN THE WAITRESS AREA WERE NOT PROTECTED. Employees who handle ready-to-eat foods must thoroughly wash their hands before returning to their work stations and as needed during their work periods in accordance with the handwash requirements of the Food Code. Additionally, these employees shall use a chemical hand sanitizing solution which must comply with the specification provided in section 2-301.16c, Food Code. THE COOK MADE A SANDWICH USING HIS BARE HANDS . (WITHOUT WASHING AND SANITIZING HIS HANDS). UTENSILS shall be maintained in a state of repair or condition that complies with the requirements specified under Parts 4-1 and 4-2 or . Shall be discarded. THE LID OF THE BROWN SUGAR CONTAINER WAS BROKEN. , Exhibit A Page 1 of 3 4, 16-8 4-204.113 FC 5. *27-22 5-202.12 FC 6. 32-14 6-301.11 FC 7B 4-601.11(C) FC Se License #: 74-03340R Case #: 04-00-5 10 WAREWASHING Machine, Data Plate Operating Specifications. A WAREWASHING machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications including the: (A) Temperatures required for washing, rinsing, and SANITIZING; (B) Pressure required for the fresh water SANITIZING rinse unless the machine is designed to use only a pumped SANITIZING rinse; and (C) Conveyor speed for conveyor machines or cycle time for stationary rack machines. THERE WAS NO DATA PLATE ON THE DISHMACHINE. Handwashing Lavatory, Water Temperature, and Flow. (A) A handwashing lavatory shall be equipped to provide water at a temperature of at least 43°C (110° F) through a mixing valve or combination faucet. THERE WAS NO HOT RUNNING WATER AT THE HANDSINK IN THE WAITRESS AREA. Handwashing Cleanser, Availability, Each handwashing lavatory or group of 2 adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap. SOAP WAS NOT PROVIDED AT THE HANDSINK IN THE WAITRESS AREA. NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris.™ A. THERE WAS MOLD-LIKE SUBSTANCE ON THE DOOR CURTAINS IN THE WALK-IN. B.. THERE WAS AN ENCRUSTED BROWNISH SUBSTANCE ON THE CONTAINER HOLDING THE SAUCE BOTTLES. C. THERE WAS A STICKY SUBSTANCE AND DUST ON. THE SHELVES BETWEEN THE ALTO SHAM AND THE WALK-IN. D. THE FILTERS OVER THE CHAR GRILL WERE BLACK. E. THERE WAS AN ACCUMULATION OF GREASE ON THE REAR OF THE STOVE AND FRYERS. Exhibit A Page 2 of 3 e License #: 74-03340R Case #: 04-00- 210 8. 34-8 5-501.115 FC Maintaining REFUSE Areas and Enclosures. A storage area and enclosure for REFUSE, recyclables, or returnables shall be maintained free of unnecessary items, as specified under § 6- 501.114, and clean. THERE WAS TRASH ON THE GROUND AND ALONG THE WOODS AROUND THE DUMPSTER AREA. 9. 36-2 61C-1.004(6) FAC _ All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. A. THERE WAS A BUILD-UP OF BLACK SUBSTANCE ON THE WALK-IN FREEZER FLOOR. B. FLOOR TILES WERE MISSING IN FRONT OF THE FRYER. C. THERE WAS A SMALL AMOUNT OF DRY FOOD DEBRIS ON THE WALLS BEHIND THE HANDSINKS. D. THERE WAS A MOLD-LIKE SUBSTANCE ON THE FANS ‘ AND CEILINGS IN THE WALK-INS. E. THE CEILING NEAR THE PIT WAS DARK BROWN AND YELLOWISH. F. THERE WAS A MOLD-LIKE SUBSTANCE AND FOOD DEBRIS ON THE WALL BEHIND THE DISHMACHINE. G. THERE WERE FOOD SPLATTERS ON THE CEILING OVER THE PREP AREA. : 10. 48-10 NFPA 96, 9-1,2.2 All deep fryers shall be installed with at least a 16 inch ... space between the fryer and surface flames from adjacent cooking & : .t equipment. : . THERE WAS NO SEPARATION BETWEEN THE FRYER AND ’ THE OPEN FLAME GAS STOVE. Exhibit A Page 3 of 3 4 @ : : @ ye O % FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION x DIVISION OF HOTELS AND RESTAURANTS cone Ys, . Ps “ LEE St EXPLANATION OF RIGHTS Wig, 25 ON MA The enclosed Administrative Complaint: charges you with violating one or more provisiéns of Chapter 509, Florida Statutes, or Rule.61C, Florida Administrative Code. If you-have questions regarding your response or best course of action, you.may wish to seek competent legal counsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the _ disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and testimony presented and - any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, - the Department may issue a Final Order. 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final © approval by the Department, the settlement will be incorporated into a Final Order resolving - - the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and : 2 above, will waive your right to a hearing. 4. You may waive hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion. An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Case No: 4-00-210 : Revised 5/10/2000 License No: 74-03340-R Business Name: BRIAN'S BAR B Q eo. e@. pavzoz749 © SPRING GARDEN FOODS, INC. 795 N. SPRING GARDEN AVENUE DELAND, FL 32720 : Dept. of Business & Prof. Regulation : SENDER Division of Hotels & Restaurants | REFERENCE: License No. 74-03340R Case No. 4-00-210 | RECEIPT : SERVICE ee furemeste +L SSS US Postal Service POSTMARK OR DATE - | . Receipt for bo 2S OO Certified Mail No Insurance Coverage Provided : Do not use for International Mail i RE: : License No. 74- -03340R Case No. 4-00-210 i SENDER: lalso wish to receive the i Dept. of Business & Professional Regulation “folowing Service (for an extra fee): i Division of Hotels & Restaurants RESTRICTED LC] DELIVERY : é Consult postmaster for fee, i 3. Article Addressed to: 4a. Article Number SPRING GARDEN FOODS, INC. 795 N. SPRING GARDEN AVENUE P 473 O27 y I) DELAND, FL 32720 ‘ccc 4b,’ Seryice Type, DX] CERTIFIED 7. Date'of Delivery Zou 3UU j KATH 2 Z. SK tte ecelvad By: (Pht hie + 8. RT Raa my . Nes < OUR “Sb a LLL S, re Signature: (Addressee oF Agent), BS Form 3811, December 1994 Domestic Return Receipt _ CERTIFICATE OF SERVICE Case No: 4-00-2190 Revised 5/10/2000 License No: 74-03340-R : Business Name: BRIAN'S BAR BQ

Docket for Case No: 00-004604