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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs KFC OF NAVARRE, 08-002708 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002708 Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: KFC OF NAVARRE
Judges: HARRY L. HOOPER
Agency: Department of Business and Professional Regulation
Locations: Shalimar, Florida
Filed: Jun. 06, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 18, 2008.

Latest Update: Dec. 26, 2024
: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ; ’ Petitioner, VS. Lleense No. 6701057 KFG OF NAVARRE ohdent License Type 2010 be P rie - Case No, 2007067907 ADMINISTRATIVE COMPLAINT = The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner), files this Administrative Complaint againet KFC OF NAVARRE, ("Respondent’), and says: 4. Petitioner is tha state agency charged with regulating the operation of public Jodging 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 8688 NAVARRE PKWY, NAVARRE, FLORIDA 325662185. The mailing address of record is KEG OF NAVARRE, at 8688 NAVARRE PKWY, NAVARRE, FLORIDA 325662185. - : 3, Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 609, Florida Statutes, and / or the rules promulgated thereto governing operation of the estabiishment, The violatlon(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 thls Chapter, and/or any other reliof _ authorlged by Chapter 609, Florida Statutes, or the rules promulgated thereto. 5... ae ; Signed December 19, 2007 : Ken Hensdill, District Manager ’ By delegation of the Director, ar 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 GERTIFIGATE OF SERVICE ‘ ; BY CERTIFIED U.S, MAIL, ARTICLE NUMBER; 71603901 9849 7715 4939 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 007. hand served by me on thls, day. of a ~ _ Received by: Inspector's Signature Operator's Signature i - Title . . . Title Gase Number: 2007087907 File Number: 146182 District Number: 08 Lcanse Number: 6701057 2010 . Form revised 07.07.07 KFC OF NAVARRE ZT/@T ed | ada 98T6 TZ6aS8 GBIEL saazysa/an Se:¢T 800¢ 9 Une Exhibit A License Number: 6701057 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007067907 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative. Code. "NEPA 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 Administrative Code, and 61C-1.004(6), Florida Administrative Code. ” ‘ “” denotes a critical violation. It is alleged that on October 8, 2007, December 10, 2007 the licensee was Ih 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 reports) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. * 4, 20A-08-1 4-501.114(C), (D) AND (E) FC: A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANGE WITH THE EPA- APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (C) A QUATERNARY AMMONIUM COMPOUND SOLUTION SHALL: (1) HAVE A MINIMUM TEMPERATURE OF 75 DEGREES FAHRENHEIT, (2) HAVE A CONCENTRATION AS SPECIFIED UNDER SECTION 7-204.11 AND AS INDICATED BY THE MANUFACTURER'S USE DIRECTIONS INCLUDED IN THE LABELING, AND (3) BE USED ONLY IN WATER WITH 500 MG/L HARDNESS OR LESS OR IN WATER HAVING A HARDNESS NO GREATER THAN SPECIFIED BY THE MANUFACTURER'S LABEL; (D) IF ANOTHER SOLUTION OF A GHEMICAL SPECIFIED UNDER PARAGRAPHS (A)-(G) OF THIS SECTION IS USED, THE PERMIT HOLOER SHALL DEMONSTRATE TO THE REGULATORY AUTHORITY THAT THE SOLUTION ACHIEVES SANITIZATION AND THE USE OF THE SOLUTION SHALL BE APPROVED; OR (E) IF A CHEMICAL SANITIZER, OTHER THAN CHLORINE, IODINE, OR A QUATERNARY AMMONIUM. COMPOUND IS USED, IT SHALL BE APPLIED IN. cee ACCORDANCE WITH THE MANUFACTURER'S USE DIRECTIONS INCLUDED IN THE LABELING. OBSERVED QUATERNARY AMMONIUM SANITIZER NOT AT PROPER NMININUM STRENGTH FOR MANUAL WAREWASHING, 10 PPM. : i * 2.99-24-1 4602,14(E) FC: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-803.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR IGED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUGH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCHAS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION: LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT AFREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT AFREQUENGY NECESSARY TO PRECLUDE ACCUMULATION OF SCIL OR ‘MOLD, : OBSERVED SOIL BUILDUP INSIDE IGE GHUTE ON SODA DISPENSER, ‘ OBSERVED ENCRUSTED MATERIALIFOOD DEBRIS ON PANS STAGKED WITH GLEAN PANS: OBSERVED INTERIOR OF WALK-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE. Case Number; 2007067907 ‘File Number: 146782 ; District Nuriber. 06 Licansa Number: 6701057 2010 . . Form revised 07.07.07 KFG OF NAVARRE att . . ATT SOW daa QSTBTZ6aSe © GBIEL spazsoa/9a Se:¢T 800¢ 9 Unt

Docket for Case No: 08-002708
Source:  Florida - Division of Administrative Hearings

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