STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION |... BARBERS' BOARD & f DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Age or. Ko a | Pilgpey 4) Oe Petitioner, 05 Z I bo HEA RINAT yp WES VE vs. Case No. 2005-009307 HAIR BAZARRE BARBER SHOP, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ("Department"), files this Administrative Complaint before the Barbers' Board, against HAIR BAZARRE 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 1270 NW 31° Avenue, Fort Lauderdale, Florida 33311. 3. At all times pertinent, Respondent is currently licensed as a Barbershop in the State of Florida, with license number 10084. 4. On or about February 17, 2005, Petitioner Inspectors, Cheryl Biesky and Chris Lee, conducted an inspection during “unlicensed activity sweep” of Hair Bazarre Barber Shop located at 1270 NW 31° Avenue, Fort Lauderdale, Florida 33311. 5. During the inspection, Petitioner Inspectors observed that the last inspection sheet was not posted. 6. Rule 61G3-19.015(1) F.A.C. states in pertinent part that “[a] copy of the inspection report shall be posted within view of the front entrance or in the waiting area of the barbershop for public viewing.” 7. During the inspection, Petitioner Inspectors observed combs not being sanitized after each patron. 8. Rule 61G3-19.011(11) F.A.C. states in pertinent part that “[a]ll barbering tools used in barbershops such as razors, scissors, tweezers, combs, rubber discs, or parts of vibrators shall be free from hair, cleansed.” 9. During the inspection, Petitioner Inspectors observed that the workstations were unclean. 10. Rule 61G3-19.011(15) F.A.C. states in pertinent part that “[s]tyling stations, styling bars, back bars, dresserettes, or working stations must be kept clean at all times to the sight and touch. All drawers and shelves of the above being used for the storage of rollers, brushes, combs, pins, nets, and equipment must have proper sanitation, and shall not be used for storage of nonrelated barbering equipment or supplies. One drawer or cabinet may be designated for storage of personal items.” 11. During the inspection, Petitioner Inspectors observed that the barbershop fire extinguisher was not maintained. 12. Rule 61G3-19.011(2)(c) F.A.C. states that “[mJaintenance of portable fire extinguishers, type, placement and number required needed to protect the public and property, shall be in compliance with the State Fire Marshal’s Rules and Regulations, Chapter 44-21, F.A.C.” 13. During the inspection, Petitioner Inspector observed that the shop was not equipped with EPA tuberculoidal disinfectant. 14, Rule 61G3-19.011(11)(b) F.A.C. states that “[a]ll combs, brushes, metallic instruments with a cutting edge, or implements which have come into contact with blood, or body fluids, shall be immersed in a disinfectant that indicates on its label that it has been registered with the Environmental Protection Agency (EPA) as a tuberculocidal disinfectant, in accordance with C.F.R. 1910. 1030.” COUNT ONE 15. Petitioner realleges and incorporates the allegations set forth in paragraph one through fourteen (14) as though fully set forth herein. 16. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “[v]Jiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 17. Based on the foregoing, Respondent violated section 476.194(1)(c), Florida Statutes by not having the last inspection sheet posted, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2). COUNT TWO 18. Petitioner realleges and incorporates the allegations set forth in paragraph one through fourteen (14) as though fully set forth herein. 19. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “[yJiolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 20. Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes by its combs not being sanitized after each patron, its workstations unclean, its failure to maintain the fire extinguishers, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(2), Florida Statutes. COUNT THREE 21. Petitioner realleges and incorporates the allegations set forth in paragraph one through fourteen (14) as though fully set forth herein. 22. Section 476.204(1)(i), Florida Statutes, states that it is unlawful for any person to “(v}iolate or refuse to comply with any provisions of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 23. Based on the foregoing, Respondent violated section 476.204(1)(i), Florida Statutes by not having any EPA tuberculocidal disinfectant, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to section 476.204(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. , 2005. 14 SIGNED this_/ >" day of pet Charles F. Tunnicliff Chief Professions Attorney Attomey for Petitioner: Charles F. Tunnicliff Chief Professions Attorney Florida Bar No. 153831 Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Phone: (850) 487-9656 Facsimile: (850) 414-6749 CFT/dag May 31, 2005 Case Number: 2005-009307 a ger g-[~®

Docket for Case No: 05-002767