— ® © STATE OF FLORIDA corpses DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL: : DIVISION OF HOTELS AND RESTAURANTS =. DEPARTMENT OF BUSINESS AND 09 OCT -2 F PROFESSIONAL REGULATION, Petitioner, vs. License No. 11-02562-R FIRPO'S DINER Case No. 5-00-144 Respondent. i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: FIRPO'S DINER, (“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 ali 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 2226 NW 6TH . STREET, GAINESVILLE, FL 32609.The last known mailing address is SHARON HOPE, 2226 NW 6TH STREET, GAINESVILLE, FL 32609. . 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 August 21, 2000 ~ ep pre frezse. Reggie Preaster, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants ' oo Department of Business & Professional Regulation wo COUNSEL FOR THE DEPARTMENT: : Gail Hoge, Senior Attorney 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:_HAND-DELIVERED | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me Re 2000. 4 Ss « a -@ 52 Received by: CCI sors Signature Operator's Signature Title Title Case No: 5-00-144 Revised 8/17/2000 License No: 11-02562-R Business Name: FIRPO'S DINER @ @ License #: 11-02562-R Case #: 05-00-144 It is alleged that on July 34, and August 7, 2000 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 4. *03a-4 3-501.16(C) FC Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under § 3-501.19, POTENTIALLY HAZARDOUS FOOD shall be maintained: (C) At 7°C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration EQUIPMENT that is not capable of maintaining the Foop at 5°C (41°F) or less if: (1) The EQUIPMENT is in place and in use in the FooD ESTABLISHMENT; and (2) Within 5 years of the REGULATORY AUTHORITY'S adoption of this Code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5°C (41°F) or less. OBSERVED RAW EGGS AT 58 DEGREES FARENHEIT, EGG BATTER AT 52 DEGREES FARENHEIT, LIQUID EGGS AT 50 DEGREES FARENHEIT. 2. 08a-18 3-305.11 FC 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. OBSERVED FOOD STORAGE SHELVES SITTING DIRECTLY OM THE FLOOR WITHOUT THE SIX-INCH CLEARANCE AS REQUIRED. 3. *42-12 61C-4,010(1)(d) FAC...no bare hand contact of exposed ready-to-eat food... - : ..food employees may contact ready-to-eat foods with their bare hands immediately prior to service if the operator of the public . . food service establishment maintains a written operational procedure... OBSERVED BARE HAND CONTACT WITH READY TO EAT FOODS AND NO WRITTEN OPERATIONAL PROCEDURE AVAILABLE FOR INSPECTOR REVIEW. 414-11 ‘44101.11FC Characteristics.* ; : ; Materials that are used in the construction of UTENSILS and FOOD- CONTACT SURFACES of EQUIPMENT may not.allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be: - (A) Safe; (B) Durable, CORROSION: RESISTANT, and nonabsorbent; N Exhibit A Page 1 of 3 5. 15-1 6. 15-12 7. 21-2 8. 22-2 9. *35a-3 4-101.111 FC 4-501.11 FC 3-304.14(B) FC 4-601,11(A) FC 6-501.115 FC @ i License #: 11-02562-R Case #: 05-00-144 (C) Sufficient in weight and thickness to withstand repeated WAREWASHING; " (©) Finished to have a SMOOTH, EASILY CLEANABLE surface; “and (E) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. \ OBSERVED RAW POTATOES, STORAGE SHELVES ARE CONSTRUCTED OF BARE WOOD AND COVERED WITH CARDBOARD WHICH IS ALSO IN BAD REPAIR. NonFOOD-CONTACT SURFACEs. NonFOOD-CONTACT SURFACES of EQUIPMENT that are exposed to splash, spillage, or other FOOD soiling or that require frequent cleaning shall be constructed of a CORROSION- RESISTANT, nonabsorbent, and SMOOTH material. OBSERVED CARDBOARD LINING SHELVES UNDER DISH . TABLE. Good Repair and Proper Adjustment. . (A) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified in Parts 4-1 and 4-2. (8} EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturers’ specifications. OBSERVED SHELVES IN WAITRESS STATION IN BAD REPAIR. Cloths used for wiping FOOD spills shall be: ; (1) Dry and used for wiping FOOD spills from TABLEWARE and carry-out containers; or (2) Moist and cleaned as specified under {] 4-802.11(D), stored ~ in a chemical sanitizer as specified under § 7-204.11, and used for wiping spills from FOOD-contact and nonFOOD-CONTACT SURFACES of EQUIPMENT. : OBSERVED NO SANITIZING SOLUTION SET UP FOR WIPING CLOTHS. : EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and-touch. OBSERVED MAKE LINE REFRIGERATOR VERY DIRTY WITH FOOD DEBRIS FOR STANDING WATER. Erohibiting Animals.* (A) Except as specified in {J (B) and (C) of this section, live animals may not be allowed on the PREMISES of a FOOD ESTABLISHMENT, OBSERVED WALL FAN OPEN TO THE OUTSIDE WITH NO SCREEN TO KEEP OUT VERMIN THERE ARE FLIES IN THE KITCHEN. Exhibit A Page 2 of 3 10, 36-2 61C-1.004(6) FAC 11. *53a-1 509.039 FS 61C-4.023(1) FAC License #: 11-02562-R Case #: 05-00-144 All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED FLOOR VERY DIRTY IN FRONT OF ICE MACHINES AND WALK-IN COOLER. ... All managers employed by a food service establishment must have passed [the food service manager] test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test... All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a written certification test approved by the division demonstrating a basic knowledge of food protection practices regulated and adrninistered by the division or an agency of state government outside Florida which has been approved by the division. Those managers who successfully pass the certification examination shall be issued a certificate, which is valid for a period of five years from the date of issuance. All establishments shall designate in writing the food service manager or managers for . @ach location. Establishments that have four or more employees* , at one time engaged in the storage, preparation or serving of food shall have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or managers need not be present at all times. .. OBSERVED THAT NO ONE AT THIS ESTABLISHMENT HAS PROOF OF HAVING A VALID CERTIFIED FOOD MANAGERS CERTIFICATION. Exhibit A Page 3 of 3 ee | me @ @ . ra i FLORIDA DEPARTMENT OF BUSINESS AND ESTAURANTS OF Fey lho DIVISION OF HOTELS AND RESTAURANTS 2 p EXPLANATION OF RIGHTS So Heh The enclosed Administrative Complaint charges you with violating one or Maal ue 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. !f 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 Yand | 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: 5-00-144 Revised 8/17/2000 License No: 11-02562-R Business Name: FIRPO'S DINER

Docket for Case No: 01-000732