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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs MARLIN RESTAURANT, 07-000864 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000864 Visitors: 10
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MARLIN RESTAURANT
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Key Largo, Florida
Filed: Feb. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 22, 2007.

Latest Update: Jun. 02, 2024
DT OCH "STATE OF FLORIDA O7 FEB 16 PH 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 48 DIVISION OF HOTELS AND RESTAURANTS i . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . MARLIN RESTAURANT reense wp her Respondent. Case No. 2008061368 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MARLIN RESTAURANT, (‘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 ail 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 102770 OVERSEAS HWY, KEY LARGO, FLORIDA 33037.The mailing address of record is MARLIN RESTAURANT, at 102770 OVERSEAS HWY, KEY LARGO, FLORIDA 33037. 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 relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. . Signed November 07, 2006 Shannie Kallas, 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: 7160 3901 9849 8228 4829 | 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: : Inspector's Signature Operator's Signature Title Title Case Number: 2006061368 . : District Number: 01 License Number: 5401684 2010 Form revised 10,10.06 MARLIN RESTAURANT Exihibit A License Number: 5401684 : License Type: 2010 PERMANENT FQOD SERVICE Case Number: 2006061368 . FC as cited herein references specific provisions of the Food Code, Recommendations of the United States .Pu blic 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 44-3, Fire Prevention, General Provisions, Florida Ad ministrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. - It is alleged that on September 11, 2006, and October 25, 2006, 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 foll owing particulars. ‘Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4..02-13-1 3-603.11 FC:: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEL! CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS “OYSTERS ON THE HALF SHELL (RAW OYSTERS),” "RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER);" OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; -OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. OBSERVED NO CONSUMER ADVISORY ON RAW/UNDERCOOKED ANIMAL PRODUCTS. * 2.08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; A) OBSERVED UNCOVERED FOOD IN HOLDING UNITIDRY STORAGE AREA - WALK-IN COOLER. B) OBSERVED FOOD STORED ON FLOOR OF WALK-IN COOLER. * 3.22-22-1 4-601.11(A) FC:: (A) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED: (1) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE EACH USE * denotes criticat violation District: 01 Case Number: 2006061368 License Type: 2010 License Number: 54016384 File Number: 129831 MARLIN RESTAURANT Exhibit A WITH A DIFFERENT TYPE OF RAW ANIMAL FOOD SUCH AS.BEEF, FISH, LAMB, PORK, OR POULTRY; (2) EACH TIME THERE !S A CHANGE FROM WORKING WITH RAW FOODS TO WORKING WITH READY- TOEAT FOODS; (3) BETWEEN USES WITH RAW FRUITS AND VEGETABLES AND WITH POTENTIALLY. HAZARDOUS FOOD; (4) BEFORE USING OR STORING A FOOD TEMPERATURE MEASURING DEVICE; AND (5) AT ANY TIME DURING THE OPERATION WHEN CONTAMINATION MAY HAVE OCCURRED. A) OBSERVED ENCRUSTED MATERIAL ON CAN OPENER. B) OBSERVED SOILED REACH-IN COOLER GASKETS. C) OBSERVED REACH-IN COOLER NOT CLEANED PRIOR TO ACCUMULATION OF SOIL RESIDUE. * 4, 45-39-1 NFPA 10, 1.5.10: FIRE EXTINGUISHERS HAVING A GROSS WEIGHT, NOT EXCEEDING _ 40 1B SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 5 FT ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB {EXCEPT WHEELED TYPES) SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER |S NOT MORE THAN 3% FT ABOVE THE FLOOR. IN NO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 IN. A) OBSERVED PORTABLE FIRE EXTINGUISHER NOT PROPERLY MOUNTED AT LEAST 4 INCHES OFF THE FLOOR AND THE TOP NO HIGHER THAN 5 FEET OFF THE FLOOR - ABC ON FLOOR. B) OBSERVED PORTABLE FIRE EXTINGUISHER TAG OUT-OF-DATE. TAG DATED 5/2004. * 5. 46-07-1 NFPA 101, 7.10.1.2: EXITS, OTHER THAN MAIN EXTERIOR EXIT DOORS THAT OBVIOUSLY AND CLEARLY ARE IDENTIFIABLE AS EXITS, SHALL BE MARKED BY AN APPROVED SIGN READILY VISIBLE FROM ANY DIRECTION OF EXIT ACCESS. OBSERVED EXIT SIGNS MISSING AT FRONT DOOR. * denotes critical violation District; 01 Case Number: 2006061368 ; License Type: 2010 License Number: 5401684 File Number: 129831 MARLIN RESTAURANT STATE OF FLORIDA... 5 Lande oo ry DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: ws staatgaaeeome™ EXHIBIT B cau. Back rnseecrroa(taebeicD 16 PMI2:&8 falture to comply with thie Notice may Initiste an administrative cowpinnt eto may result. ° orpevocation of your Hcense and fines. 10/25/06 0:18 AM Calida Inpection Date and Time MADREGALHANUEL =” Bane Ra MARLDIN RETAURANT ; Bushess hme cal utiet missing cover plate.Dry storage polation: 46-07-1 wiable fhe extinguisher tag out-of-date. Abc 10-25-06 Date Signature of Reciplent Fort her tee Senate tect: Recipient: Maria Elzabeth Cruz lurther Information please MICHAEL BROWN Title mor INSPECTOR Phone: 305 451 2454 1.850 487 1395 OBPR Form #8 5022-005 EXHIBIT Bo weme™” STATE OF FLORIDA SEAT 5401684 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name IVISION OF HOTELS AND RESTAURANTS . onston eee myforda.com/ dhe : MARLIN RESTAURANT. . Inspection Date CALL BACK INSPECTION REPORT LEGAL NOTICE 10/25/06 09:18 AM Fatlure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your Hcense and fines. lolet-ton; 45-39-1 Porta tle fire extinguisher not properly mounted at least 4 Inches off the floor and the top no higher than 5 feet off the floor.Abc on floor Nolae-ton: 34-02-1 Dumgoster not on proper pad. ed build-up of food debris, dust or dirt on nonfood-contact surface. Handles of equipment lat.ton: 22-22-1 . encrusted materia} on can opener. lathon: 22-27-41 h-in cooler not cleaned prior to accumulation of soll residue, olatton: 20A-10-1 jachine chlorine sanitizer not at proper minimum strength. fatton: 10-08-21 Phserved ice scoop with handle in contact with ice. Dbserved uncovered food in holding untt/dry storage area.walkin flolation: O8A-28-1 EXHIL.! aa License Number STATE OF FLORIDA SEAT 5a0i684 ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION + Business Name . DIVISION OF HOTELS AND RESTAURANTS MARLIN RESTAURANT ; www.myfiorida.com/dbpr ton Date - NOTICE 10/2806 09:18 AM fallure to compty with thls Notice may ialtiate an administrative complaint that may result In suspension of revocation of your license and fines. Fons sme advisory on rew/undercooked animal products a Foicring item(s) have been recommended for Time Extension: proof requited employee training provided. All public food service establishments must provide the dis! lon with proof af employee tra{ning upon request, Including, but not limited ut thetime of any division Inspection of the establishment. Pro This violation must be corrected by ; 11/1 /06. . Feallorng Ibemi(s) ae In compliance: labo: 37-18-21 bee rrved dusty celing tes and/or alr conditioning vent covers,Grease olat:fon:34-08-% eerwedurnecessary Rems stored in garbage enclosure. Trash all around dumpster , no enclosure lation: 22-21-1 ¢-cortact surfaces in contact with potentially hazardous food not cleaned atleast every four hours.Marinating and breading area olat 400: 05-09-21 o consptuously licated thermometer in holding unit. Page 1 STATE OF FLORIDA . . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: www.nyflorids.com/dbpr a EXHIBIT B LEGAL NOTICE . fulture to comply with this Notice may initiate an edmintetrative complaint that mey rasult ln suapension or revocation of your license and fines, 09/11/06 (06 AM Routine . 5401684 SEAT Ingpecttion late and Tine Tngpecton Reston SSSSCS~SS~S:~S~S:CSCSCS ig Nib MADRIEGALHANUEL Tae 4512454 MARLON RETAURANT rea Code/Telephone Number hid 10/12/2006 06:00 AM 10/1/06 “Sanitizer Type: Chlorine found at concentration of 0 PPM. Florida Restaurant Association Tem 20: Warewashing Sarvtization itlatal Information. Provided Web Site: www.myflorida.com/dopr Tacknowedge racalpt of this Inspection form and comments, 09-11-06 ge neko (Bron en ann ERmAEEneEnmendl Date Signature of Recipient For forthe Inspector Sk Signature Recipient: Manual Madreal Information please contac: me : near Phone: 305 451 2454 1.850 487 1395 SOUR 02-11 Consumer advisory on raw/undercooked oysters: sory on raw/undercooked animal products Violations terked with an esiarisk are critical violations, Items marked IN are in compliance, Itsme Marked OUT are violations. Spectc details of violation are listed on subsaquent pages. Tama marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were ttot being conducted at the time of Inspection, BPR Form HR 5022-016. . EXHIBIT Buena STATE OF FLORIDA SEAT 5401684 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name. DIVISION OF HOTELS AND RESTAGRARTS MARLIN RESTAURANT: . worw.mytiorda.com/dbpr y FOOD SERVICE INSPECTION REPORT = ce 09/21/06 09:06 AM Aidiure to comply with this Notice may Inkiate an administrative complaint that may result in suspension or revocation of your license and fines. pote dous food nat re-serv 33 Containers covered, adequate Humber, Insect ond rodent roof, emptied at proper intervals, clean 08a Food protection during storage, preperation, dmplay, proof , ad service, transportation O [34 Outside storage area clean, enclosure properly . *08b Crass-contamination, equipment, personnel, storage sonsrucree 7 is *08c Potential far crase-contamination; storage practices [ status | INSECT AND RODENT CONTROL damaged food segregated | «ae Presence oF ie ts/rodents. Animals prohibked 09 Foods handled with minimun: contact | 3 tected (abserved), alternative operating plan 10 In use food dispei utensils property stored estrkted ‘ida Hands wathed and Clean, goed hygienke practices "galing/drinking/amor Practices, 0 Employee lockers provided and used, clean 41a Toxic Rems property stored . *42b Toxic than labeled and used proper 3 6 Dishwash Te 1. Wash 3 Sania ometers, gauges, teat kits provided $7 r 16 Pre-flushed, scraped, sonked 19 Wash, rinse water 1, proper temperature 2 ton 17 21 Wiping clothis clean, used properly, stored on-food contact Surfaces clean a 9 - adequate, goad repalr "48 Gas appliances - properly Installed, maintained *49 Flammable/combustible materia - properly stored FRAI *50 Current Scense properly displayed 51 Other conditions sankary and safe operation *52 Fabe/misle ‘statements published or advertised relating to food/beverage . . 25 Service Kems properly stored, handed, depensed eo Rare [erat J ad — ding Forida Clean Indoor Alr Act * 5 Automatic Gratuity Notice 56 Copy of Chapter 509, Florida Statutes, avaliable Plumbing instatied and ma "30 Cross-connection, back siphonage, backfio “Total Number of COS Violttons: Restrooms alf-< ‘operate property, facility clean, supplied handsoap, disposable towels or hand drying devices, tlesue, covered waste receptacies ‘Total Number of Repeat Violations: Violations mariced with an asterisk are critical violations, thems marked IN are in compliance. Items Marked OUT are violations. Specific details of violation ara ksted on subsaquent pages, Items marked N/A ars Not Applicable, Itams Marked as N/O are Not Observed, and were not being conducted at the time of inepection, EPR Form HR $022-015 EtticlTB me STATE OF FLORIOA SEAT 5401684 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS " MARLIN RESTAURANT: www.inyfiorkda.com/dbpr . FOOD SERVICE INSPECTION REPORT Inspection Date LEGAL NOTICE 09/13/06 09:06 AM Failure te comply with this Notice may Initiate an administrative complaint that may result in swspension or revocation of your licewse and fines, Warrsirgg): $38-€08 ina proof of required employee training provided. Al public food service establshments rust provide the divielon with proof of employee tralnkiy upon request, Including, but not limkerd at the time of any division Inspection of the establishment, Pro This violation must be corrected by : 11/1 /06. REREIREICE TEXT: 509.049 F5: Food service employee training. ‘The division shall adopt, by rife, minimum food safety protection standards for the training of ak food service employees who sarensporsiie for the storage, preperation, display, or serving of foods to the public i establishments regulztad under this chapter, ‘These standards shail not Inchide an ‘exane intibn, but shalt 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 biking program established and administered to food handler employees prior to the effective date of this act shall be submited by the operator to the division for tts Feviewr and appre>val Zt shall be the duty of the licensee of the public food service establishment to provide training In accordance with the described rule to all employees under the ficenses's supei-veen or control. The licensee may designate 2 certified food service manager to perform this function as an agent of the licensee. Food service employees must recelve certification Pie mech they mtn by January 2, 2001. Food service employees hired after November 1, 2000, must receive certification within 60 days after employment. Certification pursuant to this seectn shail remain 3 years, . . . Viotatrtons): 34-022-1:dumpster not on proper pad, REFEIRBICE TEXT: 5-501.12 FC: Outdoor Storage Surface, An outdoor storage surface for REFUSE, recyciables, and returnables shall be constructed of nonabsorbent material such as concreteor asphak and shall be SMOOTH, durable, and sloped to drain. 33-1G6-LObserved open dumpster lid. 34-08-L0bserved unnecessary ttems stored in garbage enclosure.Trash aff around dumpster , no enclosure 22-22-:0bserved encrusted material on can opener. REFEFREWCE TEXT: 4-601,11(A) FC: {A) Equipment food-contact surfaces and utensiis shalt be cleaned: (1) Except as specified In Paragraph (B) of this section, before exch use with a differenttype of raw animal food such 26 beef, fish, lamb, pork, or poultry; (2) Each tne there fs a change from working with raw foods to working vwlth ready-to-eat foods; 3) Between uses ‘with raw fruits and vegetables and with potentinily hazardous food; (4) Before using or storing a food temperature measuring device; and (5) At any thne during the operation when contamniation may have occurred. . 47-16- L:blectrical outlet missing cover plate.Dry storage 45-.39-Llortable fre extinguisher not properly mounted at least 4 Inches off the floor and the top no higher thart 5 feet off the floor Abe on floor 45-44.-LPortable fire extinguisher tag out-of-date. Abe 22-17~LObserved soled react-in cooler gaskets, 22-15~1:Reach-tn cooler not cleaned prior to accumulation of soll reskiue, 23-06- L:0bserved butid-up of food debris, dust or dirt on nonfood-contact surface. Handles of equipment 37-18- L:Observed dusty celfing tiles and/or air conditioning vent covers.Grease 20A-10-L:Dishmachine chlorine sanitizer not at Proper minimum strength. . . REFERENCE TEXT: 4-501.114(A) FC: Manual and Mechanical WAREWASHING EQUIPMENT, Chemical SANITIZATION - Temperatute, pH, Concentration, and Hardness, A chemicat sanitizer used In a SANITIZING solution for a mential ot mechanical operstion at exposure mes specified under Paragraph 4-703.12(C) shall be listed in 21 CFR 178.1010 SANTTIZING solutions, shall be used in accordance with the EPA-APPROVED thanufacturer's label uve instructions, and shall be used zs follows: (A) A chioritie solution shad have a minimum temperature based on the concentration and pH of the solution as stad ln the following chart [surtmarized as follows: Minimum concentration 25 mg/L at 120 degrees Fabrenhelt water temperature, pH 20 or less; 50 mg/L at 100 degrees Fahrenhett water temperature (pH.10 or less) or 75 degrees Fahrenheit (pH 8 or less); 100 mg/L at 55 degrees Fahrenhek water temperature, pit 10 or less.} (08A-28-1:Observed food stored on floor. Wallin O8A-29-L:Observed uncovered food In holding unlt/dry storage area. walkin 02-22-1:Ready-to-eat, potentially hazardous food prepared on site and heki more than 24 hours with ot properly date marked, GPR Form HR 5022-015 EXHUSIT Bt STATE OF FLORIDA SEAT 5401684. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Ni DIVISION OF HOTELS AND RESTAURANTS aa oe eSTAURANT ‘wew. myflorida.com/dpr Inspection Date QOD SERVICE INSPECTION REPORT 09/11/06 69:06 AM : "LEGAL NOTICE Fallure to comply with thic Notice may initiate an administrative complaint that may resuit is suspension or revocation of your Hcense and fines, REPEERBCE TEXT: 3-501.17(A) FC: (A) Except as specified in Paragraph (D) af this section, refrigerated, ready-to-eat, potentially hazardous food prepared and held in a food estatslisment for more than 24 hours shail be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sald, or discarded, based on the temp-entite and time combinations specified below: (4) 41 dagrees Fatrenhe or fess for a maximum of 7 days; The day of preparation shall be counted as Day 1. 22-12 Hood-contact surfaces In contect with potentially hazardous food not cleaned at least every four hours. Marinating and breading area 10-0€3- lO beerved ice scoop with handle in contact with loa, : REF RACE TEXT: 3-304.12{A) and (B) FC: During pauses in food preparation or dispensing, food preparation and dspensing utensil shall be stored: (A) Except as specified under Paragyrah {6) of the section, in the food with thelr handies above the top of the food and the container; (8) In food that ls not potentialy hazardous with thelr bandies above the top of the fooolwithin containers or equipment that can be |, Such as bins of sugar, flour, or cinnamon; 46-07-lExk signs missing.Front door RERERBCE TEXT: NFPA 101, 7.10.12: Exits, other than main exterior endt doors that obviously and clearly are Identifiable as exits, shall be marked by an approved sign readily visible from eydirection of exit access. : . 02-13: Gnsumer advisory on raw/undercooked animal products 05-D- Io conspicuously located thermometer in holding unit. REFERBECE TEXT: 4-204,112 FC: (A) In a mechanically refrigerated or hot food storage untt, the sensor of a temperature measuring device shalt be located to measure the alr temperdire or a simulated product temperature In the warmest part of a mechankally refrigerated unt’ and in the coolest part of a hot foad storage unk. (B) Except as specified in DBPR Form HR 5022-015

Docket for Case No: 07-000864
Issue Date Proceedings
Feb. 22, 2007 Order Closing File. CASE CLOSED.
Feb. 21, 2007 Joint Motion to Relinquish Jurisdiction filed.
Feb. 16, 2007 Administrative Complaint filed.
Feb. 16, 2007 Election of Rights filed.
Feb. 16, 2007 Agency referral filed.
Feb. 16, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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