Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: PAPA JOHNS PIZZA
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: Fort Pierce, Florida
Filed: Sep. 25, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 29, 2006.
Latest Update: Dec. 25, 2024
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
V5.
License No. 6602155 :
PAPA JOHNS meen dent License Type 2010 Permanent Food Service
esponcent. Case No. 2005028161
/
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Patitioner’), files this Administrative Complaint against PAPA JOHNS PIZZA,
("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
Division of Hotels and Restaurants. The respondent's business address of record is 2506 $ US 1, FT
PIERCE, FLORIDA 84982.The mailing address of record is PAPA JOHNS PIZZA, at 2460 HARBOUR
COVE DR, FT PIERCE, FLORIDA 329491561.
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 ane or mare of the follawing
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 llcense issued pursuant to this Chapter, and/or ary other relief
authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed May 24, 2005 7" .
Jn Qirak, ttn
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 Attorney
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
, 2005.
hand served by me on this____ day af,
Received by:
inspector's Signature Operator's Signature
Title Title
Case Number: 2005028161 Form revised 05.20.05
Ligense Type: 2010 Permanent Food Service District Number: 04
PAPA JOHNS PIZZA
License Number: 6602185
Sep 25 2006 16:55
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License Number: 6602155
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2005028161
Exhibit A j
"EC" as cited herain references specific provisions of the Food Code, Recommendations of the United States
Public Health Servica, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code. "NFPA" as cited herein references specific provisions of tha 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.
itis alleged that on Mare! 2005 and A 2005 the licensee was in violation of Florida Statute 509(FS)
‘and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. Doe
1.23-01 4-601.11(C) FC + NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE
OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS.
THERE WAS A DUST BUILD UP ON THE WALK IN COOLER CONDENSER COILS.
* 230-04 §-203.14FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING
SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS :
CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD
ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A
HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING
AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW
PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. .
THERE WAS NO BACK FLOW PREVENTION DEVICE ON THE HOSE BIB IN THE EMPLOYEE
RESTROOM. . .
3.34-09 5-601.114(B) FC SOILED RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE,
RECYCLABLES, AND RETURNABLES SHALL BE CLEANED AT A FREQUENCY NECESSARY TO
PREVENT THEM FROM DEVELOPING A BUILDUP OF SOIL OR BECOMING ATTRACTANTS FOR
INSECTS AND RODENTS.
THERE WAS A HEAVY BUILD UP OF GARBAGE AROUND THE DUMPSTER.
* 4.46113 81C-1,004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED
ILLUMINATED EXIT SIGNS.
THE EXIT SIGN ABOVE THE DRY STORAGE EXIT DOOR WAS NOT ILLUMINATED.
* denotes critical violation Exhibit A
Case Number: 2005028161 Page 1
License Type: 2010 PERMANENT FOOD SERVICE ;
License Number: 6602155
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* §,35B-03 6202.15FC OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN
PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS
OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND
RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS AND
CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID SELF-CLOSING, TIGHT-FITTING
DOORS, (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT
OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO
AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER
OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS.
(C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING |F THEY-ARE: (1) SOLID AND
TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE
PROTECTION AUTHORITY THAT. HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3)
RESTRICTED SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR
PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN
PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD
ESTABLISHMENT, OR OF ALARGER STRUCTURE WITHIN WHICH. A FOOD-ESTABLISHMENT 18
LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD
ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER
PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF
INSECTS AND RODENTS BY: (1)...(16 MESH TO 1 INCH) SGREENS; (2) PROPERLY DESIGNED AND
INSTALLED AIR CURTAINS; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS
SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE
LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION.
THERE WAS NO SELF-CLOSING DEVICE ON EITHER REAR EXIT DOOR.
636-13 6-201.13FG FLOOR AND WALL JUNCTURES, COVED, AND ENCLOSED OR SEALED. (A)
IN FOOD ESTABLISHMENTS IN WHICH GLEANING METHODS OTHER THAN WATER FLUSHING ARE
USED FOR CLEANING FLOORS, THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND CLOSED
TO NO LARGER THAN 1 MILLIMETER (ONE THIRTY-SECGOND INCH). (B) THE FLOORS IN FOOD
ESTABLISHMENTS IN WHIGH WATER FLUSH CLEANING METHODS ARE USED SHALL BE PROVIDED
WITH DRAINS AND BE GRADED TO DRAIN, AND THE FLOOR AND WALL JUNCTURES SHALL BE
COVED AND SEALED.
THE TILES USED AT THE FLOOR WALL JUNCTURES NEXT TO THE MOP SINK WERE IN DISREPAIR.
7, 37-02 61C-1.004(6) FAC = ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
AN ACCUMULATION OF DUST WAS FOUND ON THE CEILING ABOVE THE FOOD PREP AREA.
6. 38-02 620211FC LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN
PARAGRAPH (8) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE
SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS,
AND LINENS: OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED,
COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY
FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT
BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF
BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN
INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD
SURROUNDING AND EXTENDING BEYOND THE BULB 80 THAT ONLY THE FACE OF THE BULE IS
EXPOSED,
THE LIGHTS IN THE WALK IN COOLER AND ABOVE THE PIZZA PREP AREA WERE MISSING THE
PROPER SHIELDS.
* denotes critical violation Exhibit A
Case Number: 20050281641 Page 2
License Type: 2010 PERMANENT FOOD SERVICE
License Number: 6602155
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96,4209 6-501.714FG NfAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER. THE
PREMISES SHALL BE FREE GF: (4) ITEMS THAT ARE UNNECESSARY TO THE OPERATION OR
MAINTENANCE OF THE ESTABLISHMENT SUCH AS EQUIPMENT THAT IS NONFUNCTIONAL OR NO
LONGER USED; AND (B) LITTER.
THERE WAS AN OLD GAR SEAT AND THERE WERE SHOPPING CARTS STORED OUTSIDE THE REAR
EXIT. i
40. 18-12 4-501.11(A)(B) FG GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT
SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS
SPECIFIED IN PARTS 4-1 AND'4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES,
FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE
WITH MANURACTURERS’ SPECIFICATIONS.
A. THE SHELVING ABOVE,THE THREE COMPARTMENT SINK WAS RUSTED.
B. THE REACH IN COOLER GASKETS AT THE PIZZA PREP AREA WERE IN POOR REPAIR.
Exhibit A
* denotes critical violation
Page 3
Case Number: 2005028161
License Type; 2010 PERMANENT FOOD SERVICE
License Number: 6602155
Docket for Case No: 06-003672