STATE OF FLORIDA ems DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO EN i i _ BARBERS? BOARD tae Ek DEPARTMENT OF BUSINESS AND 20th JUN 30 A Th-F9 PROFESSIONAL REGULATION, ds ss ADMIT ATIV Petitioner, HEARINGS E vs. Case No. 2005-058126 JUST BLAZE BARBERSHOP INC, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (“Department”), files this Administrative Complaint before the Barbers’ Board, against JUST BLAZE BARBERSHOP INC (“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 tules promulgated thereto. 2. Respondent’s address of record is 4295 South US Highway 17-92, Casselberry, Florida 32707. 3. At all times material hereto, Respondent has been licensed as a Barbershop in the State of Florida, holding license number BS 1077235. 4, On or about October 8, 2005, Petitioner’s inspector, Evelyn Williams, conducted a routine annual inspection of Respondent barbershop. 5. During the inspection, Petitioner’s inspector observed two unlicensed individuals performing barbering services. 6. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 7, During the inspection, Petitioner’s inspector observed hair accumulated in the barbershop. 8. Rule 61G3-19.011(2)(b), Florida Administrative Code, provides that each barbershop shall take reasonable steps to insure that the shop is maintained in a safe and sanitary manner including “removal of excessive hair from floor.” 9. During the inspection, Petitioner’s inspector observed that Respondent barbershop did not have clean towels for the customers. 10. Rule 61G3-19.011(7), Florida Administrative Code, provides that “[e]ach headrest on each chair in every barbershop must be equipped with a relaundered towel.” 11. During the inspection, Petitioner’s inspector observed that Respondent barbershop was not properly maintaining and sanitizing equipment. 12, Rule 61G3-19.011(2)(e), Florida Administrative Code, provides that each barbershop shall ensure proper “{mJaintenance of all equipment used to perform barbering services on the premises in a safe and sanitary condition, including the regular application of cleaners and bacterial agents.” 13. During the inspection, Petitioner’s inspector observed that barbering tools were not free from hair. 14. Rule 61G3-19.011(11), Florida Administrative Code, provides that all barbering tools shall be clean and “free from hair.” 15. During the inspection, Petitioner’s inspector observed that combs, brushes, and other barbering tools were not sanitized after each patron. 16. Rule 61G3-19.011(9), Florida Administrative Code, provides that “[t]he use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited.” 17. During the inspection, Petitioners inspector observed that barbering tools-were not sanitized with EPA disinfectants. 18. Rule 61G3-19.011(11)(a), Florida Administrative Code, provides that all barbering tools shall be cleaned and “[i]mmersed in a disinfectant registered with the Environmental Protection Agency (EPA).” 19, , During the inspection, Petitioner’s inspector observed that all cleansed equipment was not stored in a clean, closed cabinet. 20. Rule 61G3-19.011(11)(d), Florida Administrative Code, provides that all cleansed barbering tools shall be “kept in a clean, closed cabinet or container until next ready for use.” 21, During the inspection, Petitioner’s inspector observed that the most recent inspection was not displayed within view of the front entrance of the barbershop. 22. Rule 61G3-19.015, Florida Administrative Code, provides 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.” 23, During the inspection, Petitioner's inspector observed that the current sanitation rules were not displayed within view of the front entrance of the barbershop. 24, | Rule 61G3-19.012, Florida Administrative Code, provides that “every barbershop shall keep a copy of the rules of sanitation, health, and safety adopted by the Board posted within view of the front entrance or in the waiting area in each barbershop.” 25, On or about January 20, 2006, Petitioner’s inspector, Michelle J. Peterson, conducted a re-inspector of Respondent barbershop, . 26. During the re-inspection, Petitioners inspector observed" thatthe portabletire extinguisher was not properly maintained. 27. Rule 61G3-19.011(2)(c), Florida Administrative Code, provides that every barbershop shall take reasonable steps to ensure the safety and sanitary operation of the barbershop, including the proper “[m]aintenance of portable fire extinguishers.” 28, During the re-inspection, Petitioner’s inspector observed that clean towels were not kept in a closed container or compartment. ) 29. Rule 61G3-19.011(5), Florida Administrative Code, provides that “[a]ll towels and linens used in the practice of barbering therein are to be kept in a closed container or compartment.” 30. During the re-inspection, Petitioner’s inspector observed that combs, brushes, and other barbering tools were not sanitized after each patron, 31. Rule 61G3-19.011(9), Florida Administrative Code, provides that “[t]he use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited.” 32. During the re-inspection, Petitioner's inspector observed that Respondent barbershop did not have wet sanitizer equipped with a lid. 33. Rule 61G3-19.011(10), Florida Administrative Code, provides that “taj barbershops shall be equipped with and shall utilize wet sanitizers, sufficient to allow for sanitizing practices. A wet sanitizer is any clear plastic or glass receptacle with a lid containing a disinfectant solution as specified below, and large enough to allow for immersion of the barbering tools, or those surfaces of said tools which come in contact with the patrons.” 34. During the re-inspection, Petitioner's inspector observed that all barbering tools were not free from hair, cleansed, and sanitized with EPA registered disinfectant. 35. Rule 61G3-19.011(11), Florida Administrative Code, provides that all barbering tools shall be clean and “free from hair.” 36. During the re-inspection, Petitioner’s inspector observed that Respondent barbershop did not use styptic powder or other suitable solution on cuts/scratches. 37. Rule 61G3-19.011(12), Florida Administrative Code, provides that “{i]f a slight cut or scratch drawing blood has occurred, the use of sterile cotton, styptic powder, or any suitable solution first applied to a sterile cotton ball or swab is approved.” 38. During the re-inspection, Petitioner’s inspector observed that workstations were not clean to the sight or touch. 39, Rule 61G3-19.011(15), Florida Administrative Code, provides that “working stations must be kept clean at all times to the sight and touch.” 40. During the re-inspection, Petitioner’s inspector observed that sanitized and unsantized items were stored together. 41. Rule 61G3-19.011(15), Florida Administrative Code, provides that all drawers used for the purpose of storing sanitized barbering tools “shall not be used for storage of nonrelated barbering tools or supplies.” 42, Section 476.204(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of (Chapter 476] or Chapter 455 or a rule or final order of the Board.” 43. After the inspections, Department records revealed that Respondent has a non- compliance history; specifically, Respondent has a history of unlicensed activity. (See Petitioner’s Citations #2005-008902, #2005-U08914, #2005-0089TS, #2005=008920;2md-#2005= 009827). 44, Section 476.194(1)(b), Florida Statutes, states in pertinent part that it is unlawful for any person to “[e]ngage in willful or repeated violations of {Chapter 476] or of any of the rules adopted by the board.” COUNT ONE 45. Petitioner re-alleges and incorporates the allegations set forth in paragraph one through forty-four (44) as though fully set forth herein. 46. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[ojwn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services,” 47. Based on the foregoing, Respondent violated Section 476.194(1)(e)2, Florida Statutes, by permitting an unlicensed individual to perform barbering services, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT TWO 48. Petitioner re-alleges and incorporates the allegations set forth in paragraph one through forty-four (44) as though fully set forth herein. 49. Section 476.194(1)(e)2, Florida Statutes, provides that it is unlawful for any person to “[o]wn, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a barbershop: in which a person not licensed as a barber is permitted to perform services.” 50. Based on the foregoing, Respondent violated Section 476.194(1)(e)2, Florida Statutes, by permitting an unlicensed individual to perform barbering services, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT THREE 51. Petitioner realleges and incorporates the allegations set forth in paragraph one through forty-four (44) as though fully set forth herein. 52. Section 476.204(1)(i), Florida Statutes, provides that it is unlawful for any person to “[v]iolate or refuse to comply with any provision of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 53. Based on the foregoing, Respondent violated Section 476.204(1)@), Florida Statutes, by violating thirteen safety and sanitary violations, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT FOUR 34. Petitioner realleges and incorporates the allegations set forth in paragraph one through forty-four (44) as though fully set forth herein. 55. Section 476.204(1)(), Florida Statutes, provides that it is unlawful for any person to “[vJiolate or refuse to comply with any provision of [Chapter 476] or Chapter 455 or a rule or final order of the Board.” 56, Based on the foregoing, Respondent violated Section 476.204(1)(i), Florida Statutes, by violating two document Rules through not properly displaying the most recent inspection sheet and sanitation rules, and is therefore subject to disciplinary action by the Barbers’ Board pursuant to Section 476.204(2), Florida Statutes. COUNT FIVE 57. Petitioner realleges and incorporates the allegations set forth in paragraph one through forty-four (44) as though fully set forth herein. 58. Section 476.194(1)(b), Florida Statutes, states in pertinent part that it is unlawful for any person to “[e]ngage in. willful or repeated violations of [Chapter 476] or of any of the rules adopted by the board.” 59, Based on the foregoing, Respondent violated Section 476.194(1)(b), Florida Statutes, by repeatedly allowing unlicensed individuals to perform services (See Petitioner's Citations #2005-008902, #2005-008914, #2005-008915, #2005-008920, and #2005-009827), 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, restriction of Respondent's practice, and or any other relief which the Board deems appropriate. sh SIGNED this 2!” day of M wrek. , 2006. lab) I Qin i¥ Charles Tunnicliff Chief Professions Attorney Attorney for Petitioner: Charles Tunnicliff Chief Professions Attorney Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street ‘ F | | F D Tallahassee, Florida, 32399-2202 Department of Business and Professional Regulation Phone: (850) 487-9656 AGENCY CLERK Facsimile: (850) 414-6749 CFT/tah Case Number: 2005-058 126 cuRK Sona 2. y Le eo PO. @ET 3-2I-ob pare A - 24" COO}

Docket for Case No: 06-002325