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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CIRO`S ITALIAN DELI AND RESTAURANT, 05-003955 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003955 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CIRO`S ITALIAN DELI AND RESTAURANT
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Oct. 21, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 30, 2005.

Latest Update: Oct. 01, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND aol aoa cam O, PROFESSIONAL REGULATION OS BISS i a . Petitioner, vs, on ' License No. 1611299 . a“ CIRO'S ITALIAN DELI 8 REST. License Type 2010 Permanent Food Service esponaent. Case No. 2005040000 / ‘ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CIRO'S ITALIAN DELI & REST., (“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 Section 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 FLORIDA 33324.The mailing address of record is CIRO'S ITALIAN DELI & REST., at 8840 SR 84, DAVIE, FLORIDA 33324, 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, Inspection documents are attached as Exhibit "B”, 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 $1,000 per offense; mandatory attendance at Respondent's Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 1089 9873 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005, Received by: Inspector's Signature : Operator's Signature Title THle Case Number: 2005040000 Form revised 07.01.05 License Type: 2010 Permanent Food Service District Number; 02 License Number: 1614299 CIRO'S ITALIAN DELI & REST. License Number: 1611299 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005040000 Exhibit A (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached Ncorporated by reference as Exhibit h- 1. 13-02 2-402.11 FC EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES SHALL WEAR HAIR RESTRAINTS SUCH AS'HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE * 2,20A-01 4-501.114 (A) FC © MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT * denotes critical violation Exhibit A Case Number: 2005040000 Page 7 License Type: 2010 PERMANENT FOOD SERVICE ee ee License Number: 1611299 : . Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myllorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or ravocation of your license and fines, TH 5/05 2:28:12 PM Warning _ SEA1611299 SEAT Callback Inspection Date and Time Inspection Reason License Number POINT DINNER ING ADMINISTRATIVE COMPLAINT (954)474.2165 Owner Name recommended, Area Code/Telephone Number CIRO'S ITALIAN DELI And REST, Business Name Inspection Result 125 : a 06/29/2005 Number of Units Requested Callback Date/Time Initial Warning Date 08840 SR 84 DAVIE FL 33324 Address / City / State / Zip / etc, Comments r [The following item(s) have been recommended for Administrative Complaint: Violation: 13.02 ' bserved food service worker with unrestrained halr. fiolation: 20a-01 ‘Pbserved chlorine sanitizer not at proper minimum strength.DISH MACHINE [The foltowing item(s) are in compliance: TH5IO5 Date Signature of Recipient Inspector Signature Recipient: micsa florica lori For further information please contact: Title JAY BART : mar 5080 Coconut Creek Pkwy Sulte A Margate, FL Phone; 33063: 954-802-8576 DBPR Form HR 5022-005 : STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - DIVISION OF HOTELS AND’RESTAURANTS” Page 2 License Number SEAT = SEA1611/298..._ Business Name ww myilerida.com/dbpr CIRO'S ITALIAN DELI And REST, CALLBACK INSPECTION REPORT Inspection Date LEGAL NOTICE 7/15/05 2:28:12 PM Failure to comply with this Notice may initlata an administrative complaint that may result In suspension or revocation of your license and fines, Miolation: 22-02 bypsorved reach-in cooler not cleaned prior to accumulation of soll residue.PIZZA, COOLER i 22-02 bserved encrusted material on can opener, Violation: 22-05 bserved soiled reach-in cooler gaskets.PIZZA COOLER Mialation: 23-07 bbsenved bulld-up of grease on nonfood-contact surface. shelves by plzza area Molation; 23-01 ; lolation: 25-01 served build-up of foad debris, dust or dirt on Ronfood-contact surface. REACH IN DOOR HANDLES Pbserved un-wrapped single service utensils not presented so that only the handles are touched.STRAWS i 27-22 OQ est z, “ti Ono 2 . abe Goes m= Pe) a ee 2 Bao iy bserved no hot water provided at hand wash sink, PIZZA PREP AREA Las zg ger COT Tea ’ < mH : JPR Form HR 5022-005 Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 7 ~~ ~*~ DIVISION OF HOTELS AND RESTAURANTS www.myflorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE ‘ Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines, 6/29/05 2:09:59 PM Waming . SEAI611299 SEAT Callback Inspection Date and Time Tnspection Reason License Number POINT DINNER INC Time Extended (954)474-2165 Owner Name . Area Code/Telephone Number CIRO'S ITALIAN DELI And REST. Business Name Inspection Result 125 07/06/2005 08:00 AM 05/24/2005 Number of Units Requested Callback Date/Time Tnitlal Warning Date 08840 SR 54 ; ' DAVIE FL 33324 Address / City / State / Zip / etc, Comments ou must use 3 comp sink until dish machine Is fixed. > if 2a xzSs Mma PHRe Zao G? 228 4 ch . oN LL 5 aa Ie following Item(s) have been submitted for a Time Extension: Molation; 13-02 lobserved food service worker with unrestrained halr. Victation: 202-01 Observed chlorine sanitizer not at proper minimum strength.DISH MACHINE . Molation: 22-02 6/29/05 Deo fy tu it : Date Signature of Recipient Inspector Signature Recipient: For further Information please contact:" Tite Jay Bart Sanitation and Safety Specialist 5080 Coconut Creek Phone: PKY MARGATE FL 33063 : eens a . . -' 1-954-802-6576... DBPR Form HR 5022-005 ‘ Page 2 STATE OF FLORIDA Ucense Number DEPARTMENT OF-BUSINESS AND PROFESSIONAL REGULATION is ; . + ste: nee hens DIVISION OF HOTELS AND RESTAURANTS ~ SEAT SEAMSLI299 www. myflorida,com/dbpr Business Name CIRO'S ITALIAN DELI And REST, CALLBACK INSPECTION REPORT LEGAL NOTICE Inspection Date 6/29/05 2:09:59 PM Failure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines, . {Observed encrusted material on can opener. Miolation: 22-02 {Observed reach-in cooler not cleaned prior ta accumulation of soll residue,PIZZA COOLER Miolation: 22-05 JObserved solled reach-In coaler gaskets.PIZZA COOLER + 23-l [on] Wiolation: 23-01 > S$ bserved build-up of food debris, dust or dirt on nonfood-contact surface.REACH IN DOOR HANDLES = 2 ae ene qo |! a iolation: 23-01 2 = =< hase mn PO ten bserved build-up of grease on nonfood-contact surface. shelves by pizza area = a oO ~— & pain road Spy jolation: 25-01 Bro w tf aa SS {Observed un-wrapped single service utensils not presented so that only the handles are touched, STRAWS Ss ™ “eer ° = ao Molation: 27-22 bserved no hot water provided at hand wash sink. PIZZA PREP AREA ne following item(s} are in compliance: ‘ Miolation: 034-03 : bserved potentially hazardous food cold held at greater than 41 F. DELL CASE jolation: O8A-04 bserved food covered with aprons Inside walk In lolation: OBA-20 i food stored on floor.WALK IN Miolation: 12A-03 observed food employee engage in food preparation, handle clean equipment or utensils, or touch unwrapped single-service items, without washing hands. Miolatlon: 22-06 ee buildup of slime on soda dispensing nozzles. DBPR Form HR 5022-005 Page 3 STATE OF FLORIDA Ucense Number - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT — SEA1611299 — DIVISION OF HOTELS AND RESTAURANTS ~~" > wee www. myflorida.com/dbpr Business Name CIRO'S ITALIAN DELI And REST, CALLBACK INSPECTION REPORT Inspection Date LEGAL NOTICE 6/29/05 2:09:59 PM Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines, lotatian: 23-01 (Observed build-up of foad debris, dust or dirt on nonfood-contact surface. WALK IN SHELVES iolation: 23-01 pes build-up of food debris, dust or dirt on nonfoad-contact surface. WALK IN DOOR lolation: 31-10 (Observed missing hand sink In food preparation room or area KITCHEN AREAS Violation: 31-10 fon] Observed missing hand sink In food preparation room or area. FRONT PREP And DELI AREA > oi : Co iolation: 32-17 mmo es ‘“ served d receptacle | 's bath S=S 5 = served uncovered receptacle in women's bathroom. = any is . male NM Ff fon: 36- SO 7 Fe lolation: 36-03 a2 = aa bserved grease accumulated under cooking equipment. COOKING LINE AAS = ey =a Pane lolation: 36-03 : s L n bbserved food debris accumulated on kitchen floor. WALK IN FLOORS Mlolation: 37-02 : bobserved attached equipment soiled with accumulated dust.WALK IN BLOWERS Miolation: 45-14 Observed portable extingulsher not properly mounted at least 4 inches off the floor and the top no higher than 5 feet off the floor, K CLASS L, lation: 534-04 bserved no currently certified food service manager noted on duty with four or more employees engaged tn food preparation. Mi lolation: 538-01 observed no proof of required employee tratning. as an : mee OBPR Form HR 5022-005

Docket for Case No: 05-003955
Source:  Florida - Division of Administrative Hearings

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