‘ - ” STATE OF FLORIDA / arp DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS AOQK is Hore? DEPARTMENT OF BUSINESS AND MEA pail PROFESSIONAL REGULATION, . i Petitioner, Ol- i, | d vs. JAMES B. SANDERS License No. 66-02321-R RIB CAFE : Case No. 4-00-112 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: JAMES B. SANDERS, (“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. a 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 210 N. 2ND STREET, FT. PIERCE, FL 34950. 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 April 06, 2000 / hn 0 Kendall Burkett, District Administrator Division of Hotels & Restaurants Department of Business & Professional. Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney os 2 oF 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 eer le AB = Ml License #: 66-02321R Case #: 04-00- 112 It is alleged that on February 15, and March 2, 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: 1. *30-4- 2. 51-12 3. 16-7, 4. 17-1 5-203.14 FC 61C-1.002(5)(c)(1) FAC 4-301.13 FC 4-302.14 FC ‘mg/L of SANITIZIN Backflow Prevention Device, When Required.* A PLUMBING SYSTEM shall be installed to preclude backflow of a - solid, liquid, or gas contaminant into the water supply system at each point of use at the FOOD ESTABLISHMENT, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by LAW, by: _THE REAR OUTSIDE HOSE BIBB DID NOT HAVE VACUUM BREAKER. The operator of each public food service establishment to be newly constructed, remodeled, converted, or reopened shall subriit properly | prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, FS, and rule Chapters 61C-1 and 61C-4, FAC. Such plans must be . approved by the division prior to construction, remodeling, conversion, scheduling of an opening inspection and licensing... THE OWNER HAD NOT SUBMITTED PLANS TO THE DIVISION FOR REVIEW. Drainboards, Drainboards, UTENSIL racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary UTENSIL holding before cleaning and after SANITIZING. DRAIN BOARDS WERE NOT PROVIDED FOR THE THREE COMPARTMENT SINK. oo SANITIZING Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in CHLORINE TEST KITS WERE NOT AVAILABLE TO MONITOR THE CONCENTRATION OF THE CHLORINE BASE SANITIZER. Exhibit A Page 1 of 2 5. 37-3 37-11 “6. 15-1 ; 6-101.11 FC 6-202.16 FC © 4-101.111 FC License #: 66-02321 R Case #: 04-00- 112 Surface Characteristics. (A) Except as specified in { (B) of this section, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (1) SMOOTH, durable, and EASILY CLEANABLE for - areas where FOOD ESTABLISHMENT operations are conducted; (2) Closely woven and EASILY CLEANABLE carpet for carpeted areas; and (3) Nonabsorbent for areas subject te moisture such as FOOD preparation areas, walk-in refrigerators, WAREWASHING areas, toilet rooms, mobile FOOD ESTABLISHMENT SERVICING AREAS, and areas subject to flushing or spray cleaning methods. (B) In a TEMPORARY FOOD ESTABLISHMENT: - (1) If graded to drain, a floor may be concrete, machine-laid " asphalt, or dirt or gravel if it is covered with mats, . removable platforms, duckboards, or other suitable approved materials that are effectively treated to control dust and mud: and (2) Walls and ceilings may be constructed of a material that Protects the interior from the weather and windblown dust and debris. Exterior Walls and Roofs, Protective Barrier. Perimeter walls and roofs of a FOOD ESTABLISHMENT shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals. (A) THE WALLS WERE CONSTRUCTED OF LATTICE AND RAW WOOD. (8) THERE WAS NO CEILING PROVIDED FOR THIS FOOD SERVICE ESTABLISHMENT. (THE ESTABLISHMENT IS" LOCATED UNDER A LARGE ROOF WITH OPEN ENDS. THE SIDE WALLS DID NOT EXTEND TO THE ROOF.) © 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. THE MOP SINK CABINET WAS CONSTRUCTED OF RAW Woop. Exhibit A Page 2 of 2 . ‘OF Fy, & /) FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ie DIVISION OF HOTELS AND RESTAURANTS , <3 Py oe EXPLANATION OF RIGHTS ; The enclosed Administrative Complaint charges you with violating one or more provisions 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 toa 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 sént 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. Revised 3/29/2000 FINAL ORDER NUMBER: DATE FINAL ORDER FILED: _ FINAL ORDER FACT SHEET RESPONDENT'S NAME ; JAMES B. SANDERS BUSINESS NAME: RIB CAFE LICENSE NUMBER HR6602321R TYPE OF LICENSE: PUBLIC FOOD SERVICE ESTABLISHMENT DBPR CASE NUMBER: ~ 04-00-112 BOARDIDIVISION: HOTELS AND RESTAURANTS ORDER TYPE: © BEFASLT FINAL ORDER CLOSURE CODE: COUNTY: SAINT LUCIE DATE ADMINISTRATIVE COMPLAINT / ACTION FILED: _ 20000406 PENALTY: FINE APPLICABLE STATUTE/RULE: - 5-203.14 FC, 61C-1,002(5)(c)(1) FAC, 4-301.13 FC, - 4-302.14 FC, 6-101.11 FC, 6-202.16 FC, 4-101.111 FC OTHER: “FACT SHEET.PREPARED BY: TINAGUERDAN ——=—=ON:-—=«2000-06-28 ’

Docket for Case No: 01-001518