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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CARRINOS ITALIAN RESTAURANT AND PIZZA, 06-001089 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-001089 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CARRINOS ITALIAN RESTAURANT AND PIZZA
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Mar. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 11, 2006.

Latest Update: Jan. 05, 2025
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION O (9-10 s7 Petitioner, Vs. License No, 5810286 CARRINOS ITALIAN REST & PIZZA License Type 2010 espon ra . Case No. "2006005564 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CARRINOS ITALIAN REST & PIZZA, (“Respondent”), and says: 4. Petitioner fs the state agency charged with regulating the operatian 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 ~ Division of Hotels and Restaurants. The respondent's business address of record is 7672 W SANDLAKE RD, ORLANDO, FLORIDA 32819.The mailing address of record Is CARRINOS ITALIAN REST & PIZZA,’ at 7572 W SANDLAKE RD, ORLANDO, FLORIDA 32819. . 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 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 rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed February 02, 2006 . Oe Valerie Freeman, 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 Attomey Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street ; Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006 Received by: Operator's Signature Inspector's Signature Title Title Case Number. 2006005564 Form revised 12.20.05 License Type: 2010 Permanent Food Service . District Number: 04 License Number: 5810286 ; CARRINOS ITALIAN REST & PIZZA ‘a Exhibit A° License Number: 5810286 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006005584 : FC as cited herein, references specific provisions of the Féod Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative. Code, NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, It is alleged that on MAY 26, 2004 AND DECEMBER 12 2006 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.53B-01 509,049 FS FOOD SERVICE EMPLOYEE TRAINING, THE DIVISION SHALL ADOPT, BY - RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER ‘THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY. TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING, PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD.HANDLER EMPLOYEES PRIOR ‘TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, iT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL +4 EMPLOYEES UNDER THE LICENSEE'S SUPERYISION OR CONTROL. THE LICENSEE MAY DESIGNATE, A.CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST, RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICRSEMPLOYEES HIRED AFTER NOVEMBER 1, 2000, p MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL.REMAIN VALID FOR 3 YEARS. : OBSERVED NO PROOF OF EMPLOYEE TRAINING FOR EMPLOYEES ON DUTY EMPLOYED MORE THAN 60 DAYS. . * denotes critical violation Case Number: 2006005564 License Number: 5810286 CARRINOS ITALIAN REST & PIZZA _ District 04 License Typs: 2010 State of Florida Department of Business and Professional ReguiaieyH {| Division of Hotels and Restaurants www. hospitalityeducation.org EECENSEICUNTROLW UME Ar County FileNumber | Suffix ap | (228@) BR NOTICE TO SHOW CAUSE SCR EAS OME eS Warning Pea RENT DUS NOME Rane ERR Cleon mt C)Hearing requested WARNING OF DIRECT NOTICE: (CPre-conference fot complied C}Out of business Fallure to be in compliance You will ba-issued o Notico to CPre-hearing with this notics at any Show Cause why sanctions (C0n Stipulation ° futura inspaction may should not be assessed against Jon Hearn Ordar CiTine extended = date: result ina dlrect Notice to your license, A hearing will ba Other: _| Show Cause, held at a time and place to be designated by the director. Owner Name: fia le aor Business Nama: _( hee “ask Lk bean Re Pi sensf—t- Py ze Business City: ae Gorn, to CANCER ea ec ws igs PANT TISPEDTOR'S WARE PLEASE PRINT my C - mare a os ; tier (ik) fe sachet Chee ler ‘Sete fi : ple ; INSPECTORS SGNATURE > a F Ee Le, na “ex: wn bee ut ae. =o fe E TaLSIMEMT ELePrONE * OFF = Tern he __ DATE wae le LO JO VAT Zs (edt ol ey ~?R Form HR 5022-005 ; . Myrlonda.com . 2002 February 08 Page 1 of 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS EXHI B IT B FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fallura to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your licansa and fines. §/26/04 2:40:05 PM Routing : 7 . §810286 SEAT inspaction Date and Time Inspection Reason License Number CARRINO, ANTHONY ¥. WARNING: Owner Name Violations in the operation of your CARRINOS ITALIAN REST And PIZZA ed by: Area Code/Telephone Number Business Name inspection Result 06/26/2004 08:00 AM Number of Units: Callback Date/Time . License Expiration 7572 SANDLAKE ROAD ORLANDO FL 32819 ‘ Address / City / State / Zip / ete, Item 03; Food Temperatures |A Class ABC type Fire Extinguleher, found Infat Kitchen has @ cartificeton data of 1/04 A Class type Firs Extinguisher, foundirvat = ‘itchen has @ certification date at 1/04 A Hood Suppression typa Fire. Exilnguisher,. Hound irvat Kdichon has a canification date of 1/04 Sanhlzing Temperature fe 160 Degrees Farenheit. lasagna, walk in cooler, 41 Oegrees F, Manager Name: Anthony Carino Certification chicken based sop, hot holding, 168 Dograas F, | Cate: 4/24/01 Centified by: The Floride Meatballs, prep area, 147 Degrees F Restaurant Association Pepparon, pizza make table, 42 Deprees F. Manager Name: Tommy Mauth Carllfication Chickan, raw, cook line, 4 Degreas F, Date: 4/24/01 Cortified by: The Flodda Restaurant Association NOTE; lems marked above with an asterisk (”) Indicate a violation Inspector's Comments : fot water In store, but hand sinks do not provide 110 at discharge. | eligible employees Safe Staff rained; however, tenured employees certificates have explred, (acknowledge recalpt of this Inspaction form and comments. ak \asf sa ae 5/26/04 Date/Tima Signature of Recipient . Inspector Signature Reciplent: Joelle Mauth’ For further information please contact: . Michael J, Campbalt Tite MoD _ Sr, Sanitavon and Safely Specialist 400 W. Robinson Street Citando, Phone: - 407-352-8407 0487-1388 SOURCE PHF TEMPERATURE CONTROL es "036 Hat food al propar temperature ——— *01b Wholasome, sound condition *03c Foods properly cooked/reheated 02 Original container; property labeled, date marking [Yes ___|*0ad Foods property cooled L_srarus_| PHF TEMPERATURE CONTROL. a "04 Facilities to maintain product tamparatura 03a Cold food at proper temperatures during storage, 05 Thermometers provided and conspicuously placed . Uisptay, service, transport, and cold holding [Yes ___ os Potentially hazardous foods properly thawed Violations marked with an asterisk are critical violations. Items marked YES are In compllance. Items Marked NO are violations. Specific detalls of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted OBPR FORM HA 022-014 STATE OF FLORIDA LEGAL NOTICE DEPARTMENT OF BUSINESS AND PROFESSIO| DIVISION OF HOTELS AND RESTAUI FOOD SERVICE INSPECTION REPORT Page 2 of 8 License Number rae HBT B SEAT 5810286 Inspection Date 5/26/04 2:40:05 PM Fallure to comply with thls Notice may Initiate an administrative complaint that may result Ip suspension or revocation of your ficanse and fines, STATUS PHF TEMPERATURE CONTROL STATUS "07 Unwrapped or potentially hazardous food notre-served (Yes GARBAGE AND REFUSE DISPOSAL 33 Containers covered, adequate number, Insect and rodent praof, emptied at proper intervals, clean Yes re "08a Food protection during storage, preparation, display, service, transportation Yes *OBb Cross-contamination, equipment, personnel, storage "O8c Potential for cross-contamination; storage practices; damaged food segregated Yes [ves fog Foods handled with minimum contact Yes 10.In use food dispensing utensils properly stored STATUS STATUS. PERSONNEL [Yes __ [+11 Personnel with Infections restricted No Yes "42a Hands washad and clean, good hyglentc practices : (observed), alternative oparating plan No . Yes "12h Proper hygienic practicas, aating/drinking/smoking (evidence) STATUS 13 Clean clothes, hair restraints Yes STATUS FOOD EQUIPMENT AND UTENSILS Yes 14 Food contact surfaces designed, constructed, maintalned, installed, located Yes Yas 15 Non-food contact surfaces designed, constructed, malntainad, Installed, tocated Yes 16 Olshwashing facililies designed, constructed, operated 1. Wash 2, Rinse 3, Sanitize [Yes __|[t7 Thermometers, gauges, test kits provided Yes 34 Outside storage area clean, enclosure properly constructed INSECT AND RODENT CONTROL "35a Presence of Insacts/rodents, Animals prohibited "3b Outer apenings protected from insects, rodent proof FLOORS, WALLS, CEILINGS [Nog Floors properly constructed, clean, dralned, coved 37 Walls, cellings, and attached equipment, constructed, clean 38 Lighting provided as required, Fixtures shielded 39 Rooms and equipment “vented as tequired . OTHER AREAS 40 Employee lockers provided and usad, clean "418 Toxic Items properly stored . [42 Premises malntained, free of Iittar, unnecessary articles, Cleaning and maintenance equipment properly stored, Klichen restricted to authorized personnel 43 Complete separation from Ilving/sleeping area, laund: 44 Clean and soiled tInen segregated and properly stored SAFETY 18 Pra-flushed, scraped, soaked Yes 19 Wash, rinse water clean, proper temperature Yes "20a Sanitizing concentration Yes Yes "20b Sanitizing temperature A Yes 21 Wiping cloths clean, used properly, stored [No [22 Foad contact surfaces of equipment and utensils clean STATUS 23 Non-food contact surfaces clean Yes 24 Storage/handiing of clean equipment, utensils Yas STATUS SINGLE SERVICE ARTICLES Yes 25 Service Items properly stored, handled, dispensed Yes 26 Single service articles not re-used WATER AND SEWAGE/PLUMBING No No "27 Water source safe, hot and cold under pressure Yes Yes "28 Sewage and waste water disposed proper! Yes [No 25 Plumbing installed and maintained “30 Cross-connection, back siphonage, backflow STATUS STATUS TOILET AND HANDWASHING FACILITIES "31 Tollet and handwashing facilities, number, convenient, designad, installed | 32 Restrooins with self-closing doors, fixtures operate properly, facility clean, supplied with handsoap, disposable towels or hand drying devices, tissue, covered waste No "45 Fire extinguishers - proper and sufficient [Yes a6 Exiting system - adequate, good repair "47 Electrical wiring - adequate, good repair "48 Gas appliances ~ properly Installed, maintained "49 Flammable/combustible materials - properly stored GENERAL °50 Current license properly displayed 53 Other conditions sanitary and safe operation "52 False/misteading statements published or advertised relating to faod/beverage [No 53a Food management certification valid *53b Employee training validation 64 Florida Clean Indoor Alr Act 55 Automatic Gratulty Notice 56 Copy of Chapter 509, Florida Statutes, avaliable 57 Hospttality Education Program Information provided 58 Smoke Free (s) 0 Total Number of COS Violations; Total Number of Repeal Violations: Violatlons marked with an asterisk are critical violatlons. Items marked YES are in compliance. itams Marked NO- are violations, Spectic datalls of violation are listed on subsequent pages. Items marked N/A are Not Applicabla, Items Marked as N/O are Not Observed, and were not belng conducted STATE OF FLORIDA Page 3 of 8 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — Licensa Number DIVISION OF HOTELS AND RESTAURANTS SEAT 5810286 (nspectlon Date FOOD SERVICE INSPECTION REPORT EXH | B T a 2:40:08 PM BI LEGAL NOTICE Failure to comply with this Natice may Initiate an administratlva complaint that may result In suspension or revocation of your license and fines. Waralng(a): 02-08 - Observed raady-to-aet, potentially hazardous food held more than 24 hours with no date marking. 084-20 - Obearved food stored an floor, in walk-ins, 14-02 - Observed cutting board groovedand stalnad and no langer claanabla, 14-44 - Observed a water treatment device that has not been Inspected or serviced according 10 manufacturers Instructions. States should be changed 5/18/03 22-02 - Obsarvad ancrusted material on can opener, , 22-02 - Observed encrusted, solled matarial on siicar, 27-22 - Observed no hot water provided at hand wash sink. Naver excended 96 degrees at handsink In Iadtas raom; minimum required fs 110. 29-05 - Observed missing faucovhandle al plumbing fixtura. 3 comp sink, 34-11 - Observed handwash sink nat accassibla foremployee use at all Imes, Outside mgr. affica, 38-07 - Observed floors not maintained smoolh and durable. Losing paint seal, BOH 37-02 - Observad holes in ceiling nol sealed or plugged, Over Ice machine, 38-02 . Observed lights missing the proper shield, slaave costings of covers, Over 6 burner stove. 45-23 - Observed the use of cooking equipment producing grease laden vapors/smoke with no hood suppression system Installed, Sbumer stove appears to be relacated and no longer is centered under discharge nozzles, 534-04 « Observed no curently certified food servica manager noted on duty with four or more employees engagad In food preparation, “538-01 - Observed proof of required employve training shows explrad certificates. 1/01

Docket for Case No: 06-001089
Issue Date Proceedings
Apr. 11, 2006 Order Closing File. CASE CLOSED.
Mar. 31, 2006 Joint Motion to Relinquish Jurisdiction filed.
Mar. 27, 2006 Administrative Complaint filed.
Mar. 27, 2006 Election of Rights filed.
Mar. 27, 2006 Agency referral filed.
Mar. 27, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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