; STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION fn DIVISION OF HOTELS AND RESTAURANTS ; DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, i Petitioner, vs. | : a License No. 26-12498-R MR A's SHORT ORDER SEAFOOD Case No. 5-00-98 Respondent. i — ADMINISTRATIVE COMPLAINT : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: MR A's SHORT ORDER SEAFOOD, (“Respondent”), and says: : i A. Petitioner is the state agency charged with regulating the operation of public lodging establishments and Poo le. 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 6715 POWERS AVENUE, JACKSONVILLE, FL 32217. The last known mailing address is MR A's SHORT ORDER 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. - Reggie Preaster, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants : ; Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: : Gail Hoge, Senior Attorney _ Florida Bar No. 0909289 Department of Business & Professional Regulation | 4940 North Monroe Street, Tallahassee, Florida 32399-1007 4 “. Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE pea . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_Z 202 490 308 | 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: 5-00-98 me Revised 5/10/2000 License No: 26-12498-R ; Business Name: MR A's SHORT ORDER SEAFOOD i 1 i all il License #: 26-12498-R - Case # 05-00-98 It is alleged that on March 15 and May 23, 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. 05-5 2.17-1 3. 32-2 4, 32-3 | 5, 32-16 6. 36-2 '6-501.19FC 4-302.12 FC FOOD TEMPERATURE MEASURING DEVICES. FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. OBSERVED NO PROBE THERMOMETER AVAILABLE. 4-302.14 FC SANITIZING Solutions, Testing Devices. Atest kit or other device that accurately measures the concentration in mg/L of SANITIZING soiutions shall be provided. OBSERVED NO CHEMICAL TEST KIT TO CHECK SANITATION LEVEL. 61C-1.004(2)(c) FAC Handwashing signs shall be posted in each bathroom used by employees. : ~« TOILET ROOMS, ENCLOSED. OBSERVED NO HAND WASH SIGNS IN LADIES AND MENS RESTROOM. 6-202.14 FC 61C-1.004(2)(c) FAC Public bathrooms located on the premises shall be completely enclosed and shall have tight- fitting, self closing doors or,... in bathrooms located outside a public food service establishment, _ have entrances and exits constructed in such a manner as to ensure privacy of occupants. Such doors shall be kept closed except during cleaning and maintenance operations. OBSERVED DOOR FOR LADIES RESTROOM NOT SELF- ~- CLOSING. 61C-4.010(7) FAC... Easily cléanable receptacles shall be provided for waste niaterials and such receptacles in bathrooms for women shall be ‘ covered. . , OBSERVED NO COVERED WASTE RECEPTACLES IN - LADIES RESTROOM. ~ 61C-1.004(6) FAC Al building structural components, attachments and fixtures shall ““= be kept in good repair, clean and free of obstructions. OBSERVED NO FLOOR DRAIN COVER BY MOP SINK. "Exhibit A Page 1 of 2 License #: 26-12498-R Case #: 05-00-98 7. 38-5 6-303.11(C) FC The light intensity shall be: : : (C) At least 540 lux (50 foot candles) at a surface where a FOOD EMPLOYEE is working with FOOD or working with UTENSILS or EQUIPMENT such as knives, slicers, grinders, or saws where EMPLOYEE Safety is a factor. ~« °° OBSERVED LIGHTS IN HOOD ARE INOPERABLE. 8. *45-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be a feta, Gets _ installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. OBSERVED FIRE SUPPRESSION SYSTEM IS NOT PROPERLY TAGGED (03/99). extinguishers shall be subjected to maintenance, not more none year apart... OBSERVED 2A10BC AND 40BC EXTINGUISHER NOT PROPERLY TAGGED (03/99). 9. *45-9 ; NFPA 10, 4-4.1 Exhibit A Page 2 of 2 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI ba fj DIVISION OF HOTELS AND RESTAURANTS App . ad ; : 23 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. : 74. You may waive hearing in this matter, and the Department will proceed with resolution and 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 ones : ‘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: 5-00-98 ; Revised 5/10/2000 _ License No: 26-12498-R a _._, Business Name: MR A's SHORT ORDER SEAFOOD miner cen meee cones

Docket for Case No: 01-001521