cena cman, penn SP em ae STATE OF FLORIDA . : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BARBERS’ BOARD pens peng DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, OL [ ; U ion vs. Case No. 2004-001v_ + ALOMA BARBER SHOP, Respondent. ee ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department"), files this Administrative Complaint before the Barbers’ Board, against ALOMA BARBER SHOP ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of barbering pursuant to section 20.165, Florida Statutes, and Chapters 455 and 476, Florida Statutes, and the rules promulgated thereto. 2. Respondent's address of record is 7335 Aloma Avenue, Winter Park, Florida 32807. 3. At all times material hereto, Respondent has been licensed as a barbershop in the State of Florida, having been issued license BS 12810. 4. On or about February 23, 2004, Petitioner Inspector, Michelle White, conducted a telephonic interview with Complainant Theresa Brush wherein Complainant Brush alleged Respondent barbershop had multiple sanitary violations 5. During the telephonic interview, Complainant Brush stated that in January 2004 she saw heavy dust, bugs, hairballs, garbage, and open food containers in Respondent salon. 6. During the telephonic interview, Complainant Brush stated that in January 2004 she saw combs and buzz caps not in the proper disinfectants. 7. During the telephonic interview, Complainant Brush stated that in January 2004 she noticed that the barber chairs, towels, and carpet were filthy. 8. On or about February 27, 2004, Petitioner Inspector conducted an inspection of Respondent salon located at 7335 Aloma Avenue, Winter Park, Florida 32807. 9. During the inspection, Petitioner Inspector observed the barbershop equipment not maintained and regular use of cleansing agents not used. 10. Rule 61G3-19.011(2)(e), Florida Administrative Code, requires maintenance of all barbershop equipment in a safe and sanitary condition. 11. Rule 61G3-19.011(10), Florida Administrative Code, states that all barbershops shall be equipped with and shall utilize wet sanitizers. 12. During the inspection, Petitioner Inspector observed that sanitized equipment was not stored in a clean closed cabinet. 13. Rule 61G3-19.011(11), Florida Administrative Code, requires that barbershop equipment be properly sanitized and then stored in a clean, closed container or cabinet. 14. During the inspection, Petitioner Inspector observed workstations that were not clean to the sight and touch. 15. Rule 61G3-19.011(15), Florida Administrative Code, requires that workstations be kept at all times clean to the sight and touch. 16. During the inspection, Petitioner Inspector further observed that the barbershop license, recent inspection, and barber rules were not posted within view of the front entrance of the barbershop. 17. Rule 61G3-19.009(2), Florida Administrative Code, requires that the shop license be displayed within view of the front entrance or in the waiting area of the barbershop. 18. Section 476.194(1)(b), Florida Statutes, states that it is unlawful for any person to “feJngage in willful or repeated violations of [Chapter 476] or any of the rules adopted by the Board.” 19. Based on the foregoing, Respondent is in violation of section 476.194(1)(b), Florida Statutes, by engaging in multiple sanitary violations and is therefore subject to disciplinary action by the Barbers’ Board pursuant to sections 476.204(1)(h) and (2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Barbers’ Board enter a Final Order imposing one or more of the following penalties: imposition of an administrative fine, revocation or suspension of the Respondent's license, issuance of a reprimand, placement of the Respondent on probation for a period of time and subject to such reasonable conditions as the Board may specify, and or any other relief which the Board deems appropriate. -K— SIGNED thig? ) day of -, 2004, Susan Wilkinson Assistant General Counsel Attorney for Petitioner: Susan Wilkinson Florida Bar No. 0686743 Assistant General Counsel Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-8435 Facsimile: (850) 414-6749 SW/tah June 25, 2004 Case Number: 2004-001658 PRP Pate bo-B3-Of

Docket for Case No: 04-004115