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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GASPAR`S GROTTO, 08-002826 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002826 Visitors: 74
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GASPAR`S GROTTO
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jun. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 15, 2008.

Latest Update: Dec. 23, 2024
Jun 16 2008 9:27 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE 3/15 ; STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5.” : \ License No. 3910705 GASPAR'S GROTTO , . License Type 2010 Respon ent Case No. 2008003713 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against GASPAR'S GROTTO, (“Respondent”), and says: 4. 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 1805 E 7TH AVE, TAMPA, FLORIDA 33805. The mailing address of record is GASPAR'S GROTTO, at 1805 E 7TH AVE, TAMPA, FLORIDA 33605. : 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 dacuments are attached as Exhibit “By. 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 January 22, 2008 .. Joe Perez, Olptict Manager... ATT 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 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: eee areata caren tanierete , | HEREBY. CERTIFY that a true and correct copy of th foregoing ADMINISTRATIVE COMPLAINT has been so. Certified Article Number fe ran hand served by me on this, day of , 2008. Received by: Inspector's Signature Operator's Signature Title ' : Title Case Number: 2008008719 File Number: 178153 District Number: 03 Licanse Number: 3940705 2010 . Form ravised 07.07.07 GASPAR'S GROTTO Jun 16 2008 9:27 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE @4/15 CERTIFICATE OF SERVICE ‘ & “4p = BR ‘ won Be Olt , a mo =) Be ROEM BR 2° #2 ERs g S oO. E eo Oyo = - 2 w» é& gBR 2 EF = SB we Ce | 8 Et ao & ag BQ2 a ‘oe OF « £8 £59 3 og. eeu 82 288 f| 22 2 i a a9 = oe SO mY Shae —_ 3 whem Se g a| 8) 8 mg Ee + a. SET 2s s{ 3/2] 8 spe: /B 2ZObi Bz ge|3s3; ee = B® she “a GU eeg f pe aq up Q | 2) Bla) Ble 2-25 ae a: rHES ti ig si Ley F o = as | ae Fok oo = uo of Es : 28 a ROSE woe ae % @t #5 i: » 2 i BEE 8 | 2° Ao | gl BES 28 Ea 1 Lo ©. Signeiurp ~ Glagen eet oO Maraeaee B. fs delivery address diferent from item 17 = ° =, (_) Yas “HYVES, unter claltverry wddrawes beaiowes TR 3 4G PERFORATION 7TH AVENUE PROP MGMT INC i GASPAR'S GROTTO i 1805 E 7TH AVE an TAMPA, FLORIDA 33605 Lic, Na. 3940705 2010 Gase No. 2008003713 - using Retum 1: 307 a “PS Fam Zen, January 2008 “Demmeeiie Return a Recah Case Number! 2008003713 File Number; 179153 District Number ° o . License Number: 3910705 2030 ‘orm 07. GASPAR'S GROTTO : . Jun 16 2008 9:28 66/16/2688 16:28 8584146749 DEPR OGA PAGE 85/15 Exhibit A License Number: 3910705 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008003713 : "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 61¢, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Lifé Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. *" denotes a critical violation. It is alleged that on October 4, 2007, November 9, 2007, January 10, 2008 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. . * 4.53B-08-1 509.049 FAC: FOOD SERVIGE 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 EMPLOYEES UNDER THE LICENSEE'S SUPERVISION 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 SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. ‘ * NO PROOF OF REQUIRED EMPLOYEE TRAINING. Case Number: 2008003713 File Number: 178153 : District Number: 03. Licanse Number: 3910705 2010 Form revised 07.07.07 GASPAR'S GROTTO Jun 16 2008 9:28 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE 6/15 EXHIBIT Broce 4s STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initlate.an administrative complaint that may reguitin suspension or revocation of your ficanse and fines. 40/04/07 12:10 PM . : Routine _ agto705 SEAT Inspection Date and Time Inspection Reason : License Number 7TH AVENUE PROP MGMT ING WARNING: 8138248189 Owner Name Vigiattans Ia Ihe operation oT your estatiletment GASPAR'S GROTTO must be correcled byt Area Code/Telephone Number . Business Name inspection Result ee 12/05/2007 08:00 AM 2r1/08 Number of Units Callback Date/Time License Expiration 1805 7TH AVE : TAMPA, 33605 Address / City / Slate / Zip / etc. hem 03: Food Temperatures Jtem 53a: Cert, Food Managers ttem 20: Warewashing Sanitization | Item 45: Fire Extinguishars and Fire A Class ABC lype Fre Exitnguisher, found invat dining roombar A eartifcation date of 8/07 AGiabt i type Fira Extingulahar, feund Infat Hitehon haga ceriifeation date of 9/07 A Hood Suppression type Fire Extlaguisher, found vat kitchen has @eonifieation dale of St? Baal, reach cooker, 40 Dagrees F. Sanitizer Type; Chlorine found at Dalry pibHens, mach h cooltt, 40 Dagrege F. . Plan! feeds, raach h eoaler, 40 Dagros F. concentration of not set up PPM. Beat, Kichen, 178 DapreesF. NOTE: Items marked above with an asterisk (*) indicate a violation inspector's Comments rovided Web Site: www.myflorida.comv/dbpr gloves and utensils In use for rte foods. Weter Source: MunicipalLitllity. Sewage: MunicipavUtility, No oiler On Site. _-Lacknewledge-ragalpt of thie inspaction form and comments. wee a - Date Signature of Reciplent Inspector Signature Recipient: Jett For furthar Information please contact: Richard Odgen Title staff . : . : Sr Senitatlon & Safety Spactalist 3726 W Grace St, & Phone! 850-487-1985 STATUS SOURCE STATUS PHF TEMPERATURE CONTROL n “01a Approved source . ; In *03a Cold food at proper temperatures curing storage, ~|"07b-Wholesome, sound condition » eee [clsplay, service, “02 Original container; pro portly labeled, date mrarking In [tab Hot food! at proper femperature. "02-11 Consumer adyisory on rew/yndercooked oysters In [+030 Foods properly copked/rehaated be "02-13 Consumer advisory on raw/undercoaked animal In [road Foods properly cooled *Od Facilities ta maintain product temperature : . Out "05 Thermometers provided and conspicuously placed tentially hagattious foods propatly thawed Violations marked with an gslerlek are eriical vialntions. ems marked iN ava in epmpliance, heme: Marked OLT are violations, Specific details of violetian ere fisted on subsequent pages, lame marked N/A are Not Applicable, Name Marked as N/O ara Not Observed, and were not belng conduoled at the tie at inepection, DBPR Ferm HR 5022-018 Jun 16 2008 9:28 @6/16/2 : 468 18:26 8584146749 DEPR OGA PAGE 87/15 E'IBIT B Page 2ofd License Numb STATE OF FLORIDA SE ene 0705 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS ww. myflorida.com/dbpr | GASPAR'S GROTTO : Inspection Date FOOD SERVICE INSPECTION REPORT 1004/07 12:10 PM Fellure to comply with this Notice may Initiate en administrative complaint that may result In suspenelon or ravocation of your lleanse and fines, STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL In 07 Unwrapped of potentially hazardous food not re-served lout 33 Containers covered, adequate number, insect and rodent in h08a Food protection during storage, preparation, display, proof, emptied at proper Intervals, claan service, tranéportation ' 34 Outside storage erea clean, enclosure properly In * /0ap Cross-contaminetion, equipment, personnal, storage eonstructed POfe Potential for eross-contamination; slorage praciicas; ATUS INSECT AND RODENT CONTROL | demagad food segrapated "38a Prasence of Insects/rodants. Animals prahiblted in OS Foods hendled with minimum conlact '25b Outer openings protected fram insegts, rodent proat 10 tnuse food dispensing utensils properly stored ” STATUS FLOORS, WALLS, GEILINGS STATUS PERSONNEL 36 Floors properly constructed, clean, drained, caved in '47 Personnel with Infections restricted ‘Out 37 Walls, callings, arid attached equipment, constructed, In 126 Hands washed end claan, good hyglenic practices clean : {observed}, altemsative operating plen 98 Lighting provided as required: Fixtyes shielded Out {2b Proper hygienic pracilces, eating/drinking/emoking a8 Rooms and equipment - vented as required : (evidence) ' STATUS. OTHER AREAS 40 Employee lockers provided and used, clean “419 Toxic items properly stored *41b Toxic items labeled and used propetl 42 Pramises maintained, free of Iitter, unnecessary articles. Cleaning and maintenance equipment properly stored. Kitchen restricted to authorized personriel — 413 Clean clothes, halr restraints STATUS FOOD EQUIPMENT AND UTENSILS 14 Food contact surfaces designed, constructed, maintalned, Installed, lorated 15 Non-food contact surfaces designed, constructed, malntalned, installad, located "46 Dishwashing fatilitias designed, constructed, operated 1. Wash 2.Rinse 3, Saniilze 43 Complete separation from living/sleeping area, laundry 44 Clean and solled Jinan segregated end properly stored SAFETY "45 Fire extinguishers - proper and sufficient "46 Exiting system - adequate, good repair "47 Electrical wiring - adequate, good repair "45 Gas appliances - properly Installed, maintained 47 Thermometers. gauges, test kits provided 18 Pre-flushed, scraped, soaked 49 Wash, ringe water clean, proper temperature 20a Sanitizing concentration "20b Sanitizing temperature : : ---—2-Wiping-cloths glean, .used-properly, stored... Af peeeeeeen ef 49. Flammable/combustible materials - properly stored Lh Out +22 Food contact surfaces of equipment and uterisiis glean_| STATUS GENERAL . 29 Non-food contact surfaces claan i *50 Current licanse properly displayed 24 Storage/nandiing of clean equipment, uienslls Out 51 Other conditions sanitary and safe operation STATUS SINGLE SERMICE ARTICLES +52 False/misieading statements published or advertised 25 Service Items properly stored, hangled, dispensed retating to fgnd/beverage 26 Single seryice-articles not te-usad . Out *53a Food management certification valld STATUS WATER AND SEWAGE/PLUMBING Out "59 Ernployee training validation 84 Florida Clean Indaor Air Act 58 Automatic Gretuity Natlee "27 Water source sete, hot and cold under pressure + __|*2B Sewage and waste water disposed properly Out 29 Plumbing installed and maintained 56 Copy of Chapter $08 Florida Statutes, avallabie Out: *30 Crosg-connection, back siphonage, backflow STATUS. GENERAL STATUS: TOILET AND HANDWASHING FACILITIES--: ~~ [| o- -"-_|57 Hospitality Education Program Information provided Out 34 Toilet and handwashing facilities, number, convenient, , designed, installed - Total Number of COS Viclatlons: Out 432 Restrooms with selt-clasing doors, fixtures operate properly, facility clean, supplied with handsoap, disposable Total Number of Repeat Violations: towels or hand drying devices, tissue, covered waste pfanes, ilems Markod QUT are violations. Specific datalis of violalfon art Nsied on Violations marked with an aslerlsk are critical violalens. tama morked IN are in corm ging conducted al Int tlme of Inspection. subsequent pages, tame marked N/A are Not Applicable, fems Merked as N/Q are Not Observed, and were not bi DBPR Form He 5022-015 Jun 16 2008 9:29 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE EX. ABIT B —raseacts Lleanse Number STATE GF FLORIDA - ” Bea DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pause Nene DIVISION OF HOTELS AND RESTAURANTS snes Name oo www.myflorida. cam/dbpr FOOD SERVICE INSPECTION REFORT ingpection Date LEGAL NOTICE . 10/04/07 12:10 PM Failure to comply with this Notice may Initiate an administrative complaint that may result In suspension or revocation of your Iicanse and fines, Warning(s): 30-02-t:Vacuum breaker misihg at hose blbb.on mop sink. 30-02-1:Vecuum breaker mising al hose bib faucet to lett of mop sink, 05-06-1:No conspicuously lneated thermemeter in holding unit.in white chest freezers, 39-16-1:Observad open dumpster hd. 32-16-1:Hand wash sink backing proper hand drying provisions. 31.08--Handwagh sink not accessible for employed use at all times. 22-19-4:Observed Interior ot microwave soiled, 37-06-4:Observed wail soled with accumulpted greeea. 37-10-:Observed attached equipment salad wilh accumulated grease. heed filters. . . 29-17-1:Waste line missing absode gun holster. 42B-08-1:Obsorved evidence of employee smoking In food preparation or other non-designated arse. §94-01-1-Menager lacking proof of Food Manager Caritiication. ‘This violation must be carracied by : 12/05/07, BIRR NG peer Of required employee training provided:All pubii¢-tood service sstablishmente- must provide-the division with prootolempleyee training upon raquesl, Including, bul not Iimited to, at the time of any division inspection of the establichment. Pro This violallon must be corrected by : 12/05/07, 51-18-:No Helmiich maneuver sign posted. DBPR Form HR 5022-015 ge/15 @6/16/2888 1e:28 1/09/07 10:44 AM. 8584146749 Jun 16 2008 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT 9:29 PAGE 89/15 XHIBIT B == LEGAL NOTICE Fallure to comply with this Notica may iniiate an administrative compisint that may result In suspansion or revocation of your iicense and fines. Complaint Full 3810705 SEAT Inspectlon Reason Ucense Number Inspection Date and Time , 7TH AVENUE PROP MGMT ING Owner Narné GASPAR'S GROTTO Business Name ~ [WARMING Viplations Ini the operaton of your estabashment 8138848189 Thus! be comecied bys Inspection Resull Aréa Code/Telephone Number 01/09/2008 08:00 AM 01-FEB-08 a 99 Number of Units . ” 4205 & 7TH AVE Callback Date/Tima License Expiration TAMPA, 39605 _ Address / City / State / Zip/ ete, | Item 03: Food Temperatures lem 538: Cert, Food Managers Nem 20: Warawashing Sanitization | Hem 45; Fire Extinguishers and Fire 51 Baal, reach in-costar, 47 Dngraes F. aly products, mach hh colar, +1 Degrans F, Plant fonds, reach htopler, 41 Degraas F. AHood Supprasdoh type Fite Extinguisher, found Infet htehan has 8 certification date of 8/07 A Class K type Fire Exilrguisher, found inval Kilchenhes p corification ciate of 9707 Sanitizer Type: Chlorine found at concentration of not set up PPM. NOTE: Items marked above with an asterisk (*) indicate 4 viclation Inspector's Comments rovided Web Sile: www.myfiorida.comdbpr glavas and utensils used forrte foods. Water Source: Municlpal/Utillty, Sewage: Municipal/Utllity. No pilar On Site. .—-ecknowladge receipt of fhig-inspection form and. comments... dhe th Recher 11-09-07 Signature of Recipient : Inspector Signature Dale Recipient —_gortion For furthar infomation plaase contact Title mgr Risherd Odgen . Sr Sanitation & Safety Specialist 3726 W Grace St, 5° Phone: 850-487-1395 SOURCE STATUS | PHF TEMPERATURE CONTROL “Oe Approved souree- Jn _ |*038 Cold food at proper temperatures during storage, In “0b Wholesome, sound condition a : tisplay, service, Ih “02 Original container; praperly Jabeled, date wnatkng NO [*03b Hot food at proper temperature “02.11 Consumer advisoty on rawiundercackad oysters, |N/O "080 Foods properly copked/reheated 7 “02-13 Consumer advisory on raw/undercooked enimal In "03d Foods properly cooled *04 Facliltles to malntaln product temperalure *05 Thermometers provided and conspicuously placed '06 Potentially hazardous foods properly thawed $< $$ ——<£— Violations marked wilh an astariak are critical violations, lems marked IN are In complianes, jteme Marked QUT are violations. Specific details of violation sre listed on subsequent pages. Itams marked M/A are Nol Applicable. tama Marked as NO are Not Cheerved, and ware nel belng conducted atthe time of inspection. DBPR Forth HR 5022-016 Jun 16 2008 9:29 66/16/2688 16:28 8584146749 DEPR OGA PAGE 16/15 yey T PBIB, age 2o0f 3 License Numba STATE OF FLORIDA eSeAT 301 0705 www. myfloridg.com/dipr LEGAL NOTICE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REFORT Business Name GASPAR'S GROTTO Inspection Date 11/09/07 10:44 AM Fallure to camply with this Notice may Initleta an adminatrative complaint that may reeult In suspension or revocation of your ilcenge and fines, ~ STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL in 07 Unwrapped or potentially hazardaus fogd notre-served [Out 33 Containers covered, adequate number, insect and rodent In SOB Food protection during storage, preparation, display, proof, emptied al proper intervals, clean service, tensportation 34 Outside storage area clean, andiosure properly In | PO8b Cross-contamination, equipment, personel, storage panstructed *O8e Potential for eroes-contamination; storage practices; —_ 2. INSECT AND ROD damaged food segregated f3Ba Presenoe of Insects/rodents. Animals prohibited in f09 Foods handied with minimum. contact *35b Outer openings protected from. insects, rodent praot 10 In usa fogd dlspensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS FERSONNEL Out 26 Floors properly constructed, clean, drained, coved 414 Personnel with Infeclions restricted Out 37 Walls, ceilings, and attached equipment, constructed, 3a Hands washed and clean, good hygienle practices ” clean (obsarved), allemative operating plan 88 Lighting provided as aquired. Fixtures shielded “1 2b Proper hyglanic prectices, eating/dtinking/emoking 39 Rooms and equipment - vented as required (evidence) STATUS OTHER AREAS: 13 Clean clothes, halt restralnts 40 Employee lockers provided and used, clean FOOD EQUIPMENT AND UTENSILS. “41a Toxic items properly stored ‘114 Food contact surfaces designed, constructed, maintained, installed, located 15 Non-food contact surfaces designed, constructed, "4 tb Toxic Items labeled anc used properl 42 Premises maintained, free of litter, unnecessary erticlas. Cleaning and maintenance equipmant properly stored, Kitchen restricted te authorized personnel . maintained, installed, located 43 Complete separation from lving/sleeping area, laundry. 16 Dishwashing facilities designed, constructed, operated 1, Wash 2. Rinse 3, Senitize . "17 Tharmometers, gauges, test kits provided 18 Pre-flushed, scraped, soaked 19 Wash, ringe water clean, proper temperature 44 Clean and soiled linen segregated and properly stored, SAFETY 45 Fire extinguishers - proper and sufficient "46 Exiting system - adequate, good repair ._}*202 Sanitizing concentration Out 47 Electrical wiring - adequate, good repair 20b Sanitizing temperature : "48 Gas appliances - properly Installed, maintained _}24.Wiping cloths clean,.used.propedy, stored ewe cf opi oe euanen of 4Q Flammable/sorbustibia materials; properly stored 192 Food contact surfaces of equipment end utensils clean STATUS GENERAL 23 Non-feod contact suriaces clean 80 Currant license properly displayed —_| 24 Storage/handiing of degh equipment, utensils Out 51 Other conditions sanitary and safe operation STATUS SINGLE SERVIGE ARTICLES “52 False/misiaading statements published or advertised 25 Service items properly stored, handled, dispensed relating te food/havarage 26 Single service articles not re-used Out Sda Food management certification valid WATER AND SEWAGE/PLUMBING Qut Sab Employes training validation *07 Water sourea sala, hot and cold under pressure 54 Florida Clean Indoor Air Act : *28 Sewage end wasie weler disposed properly 65 Automatic Gratuity Notice . 29 Plumbing Installed and mainlalned 56 Copy of Chapter 509, Florida Statutes, ayallable “30 Crosé-connection, back siphonage, backllow STATUS ' GENERAL : STATUS TOILET AND HANDWASHING FACILITIES 57 Hospitality Education Program Information provided "74 Tollat and handwashing facilities, number, convenient, designed, installed 42 Restroore with self-closing doors, fixtures operate properly, fecility clean, supplied with handsoap, disposable Howals or hand drying devices, tissue, covered waste Total Number of COS Violations: Total Number of Repeat Violations: Violations marked with an asterisk are eritical violations. tems marked IN are in compliance. Hams Mi subsequent pegos. Ile marked: N/A are Not Applicable. Narns Marked a N/O ore Not Observed, and ware not bain PBPR Form HA 50220015 nrked GUT are violations. Specific dotails of violation are Hated on iq conducted al the Ime of Inspection, Jun 16 2008 9:30 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE 11/15 E ALBIT Bross License Number STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pig Gene DIVISION OF HOTELS AND RESTAURANTS ‘ we. myflorida.com/dbpr GASPAR'S GROTTO FOOD SERVICE INSPECTION REPORT Inspection Date LEGAL NOTICE 11/09/07 10:44 AM Fallure to comply with this Natl may Initiate an-administretive complaint that may resull In euspension of revocation of your ligenge and finas. Waming(s): 94-094: Handwash sink not accessible jor omployee use at All times. blocked by pans. 32-46-1:Hand wash sink lacking propor hand drying provisions, 92-17-41 :Handweshing cleanser {acking at handwashing lavatory. 32-15-1:No handwashing sign provided ata handeink used by food employses. 22-19-1:Observed Interlor of microwave soliad. 37-10-1:Observed atteched equipment salled wih accumulated grease. 37-10+7:Observed attached equipment solied wilh pecumulated grease.hood Mars 36-13-1:Observed grasse accumulated undarcaoking equipment. 24-05+1:Clean glasses, cups, ulenalls, pots and pans nol stored inveried or Ine protected manner. 90.02-1-Vaeuum breaker miging ol hose bibbunder microwave, 29-77-41 Waate line miseing al soda gun Aolster.outside bar aree. 30.02-4;Vacuum breaker mising at hoas blobJnalde exterfor bar, 45-41-1-Portatly Gre extinguisher tag out-ol-date.tag missing Behind outside bar, 33.46] :‘Hand wash sink lacking proper hand érying provisions.behind outslde bar, 92-17-1-Handwashing claenger lacking at handwashing lavelory,behind oulside Bar, 33-16-1;Ohserned opan dumpster fid, 53A-01-1:Manager lacking proof of Food Manager Certification, This violation inust be corrected by : 01/05/08, 53B-08-1:No proofof required employee iraining provided, All public food servica establishments must provide the division-weh prool of employee treining upan request, including, bul nat Iimllee! 19, st the time of any division inspaction af the establishment, Pro Thia'violalion must be corrected by : O1/D9/08, 51-13-7:No0 Helmilch menouver sign postad. 47-06-1:Observed extension cord! in use far nondemporary period.for video equipment on celling. DPR Form HA 5022-018 Jun 16 2008 9:30 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE 12/15 STATE OF FLORIDA - Pane 1 of 3 DEPARTMEN “ AUSTNESS AND PROFESSIONAL REGULATION EXH! \ a) OTVISION OF. . TELS ANT) RESTAURANTS www. MyFlorda.com/dbpr/itr LOW-UP INSPECTION REQUIRED Inspector determined violations require further review, but are not an immediate threat to the public, , CALL BACK INSPECTION REPORT LEGAL NOTICE Fatlura to comply with this Notice may iniiate an administrative complalit that may result in suspension or revocation of your license and fines. 04/20/08 02:38 PM Warning 3940705 SEAT Callback Inspection Date and Time Saspedion Reston «Meet umber . 7TH AVENUE PROP MGMT INC ROMINISTRATIVE COMPLAINT recommended. Biagedziga Owner Name Area Code/Telephone Number GASPAR'S GROTTO Business Name . hspecton Resul fr) 12/10/2007 ; Number of Units : Requested GaltackDatefime = SSSSSSCSC~S~S Intel Waring Date 2805 & 7TH AVE TAMPA, 23605 Address 7 Chy 7 State / Zip 7 ett. Comments Proof of employe training and certified food manager must Be avaliable at all times. i ttl {ike fatlowIng Item(s) have been recommended for Administratve Complaint’ Miolation: 538-08-1 . ig proof of required employee training provided, All public dood service establishments must provide the division with proof of employee traiuing upon request, including, » at the time of any divistan Inspection of the establishment. Pro This violation ust be cerrocted by : 01/09/08, Molation: S3A-01-1 Manager lacking proof of Food Manager Certification, This violation must be cofvected by + 04/00/08. tne fotoving item(s) ace in compliance: lolation: St-13-1. . . ' No OL-10-08 4) Pate Signature of Reciplant Inspector Signature Recipient: fradarick Far further Information please contact: Tite . Richard Odgen . oak St Santtation & Safety Specialist 2725 W Grace St, 520 Tampa, Phone: FL 33607 ‘850-187-1395 DBPR Ferm. HR 5022-008 Jun 16 2008 9:30 @6/16/2888 1e:28 8584146749 DEPR OGA PAGE 13/15 LAIR D Payezola License Number STATE OF FLORIDA SEAT 3010705 DEPARTMENT OF BUSINESS ANC PROFRSSICNAL REGULATION DIVISION OF HOTELS AND RESTAURANTS Business Name www. myforida.com/dbpr GASPAR'S GROTTO CALL BACK INSPECTION REPORT Inspection Date LEGAL HOTICE 04/10/08 02:58 PM Fallure te compty with this Notice may initiate an administrative complaint that Hoy result In suapension or revocation of your Hcenae and fines. Halmiich maneuver sign posted, iolation: 47-06-21 boerved extension cord in use fot nan-temporery perio. for video equipment on calling. jolation: 45-41-1 . ortable firs extinguisher tag out-of-date.tag miscing Behind outside bar. elation: 37-20-4 beerved attached equipment solled with accumulated greass.hood filters * : ; jolation: 37-10-1 : bserved attached equipment colled with accunnuleted grease. lation: Be LL bserved grease accumulated under sacking equipment, folation: 33-46-1 bearved apen dumpster ltd. Rotation: 32-L?+1, andwashing cleanser lacking et handwashing lavatory, talation: 3217-1 andwashing cleanser fecking at handwashing Javatory.behind outside Bar. Holathon: 32-16-4, land wash sink lacking proper hand drylng proviskmna.behind outside bar. laletion: 32-16-1 land wash sink lacking proper hand drying provisions. folation: 32-15-1 lo.handwashing sign providéd_at a handsink used by food employees. ce ene ven we ooo eee polation 31-09-41" , , landwach sink net accnsetble for employee use at all times. blocked by pang. lation: 3002-1 : ACULITT breaker mising at hose bibb.under microwave, Holetion: 30-0Z-1 facuum brasker mising at hose bibhJnalde exterior bar. Rolation: 25-4 7—1 aste (Ine missing at soda gun holster.outalde har area. won Ce ee ee - lofation: 26-05. 1 . . laan glasses, cups, dhenstls, pots and pans not stored Inverted or ina protected manner. : OBPR Form HR S0z2005 Jun 16 2008 9:31 86/16/2868 16:28 8584146749 DEPR OGA PAGE 14/15 . Page 3 ot y oan teense Number . STATE OF FLORIDA ’ EXHi Sif 3 SEAT 3910705 DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION Businest Name DIVISION OF HOTELS AND RESTAURANTS : GASPAR'S GROTTO www.myfloride.com/dbpr CALL BACK INSPECTION REPORT inspection Do LEGAL NOTICE 01/10/08 02:38 FM Fallure to comply with this Natice may Initiate an administrative complaint that may reanit In auapension or revecation of your Heense and fines, rolntion: 2219-1 Observed Interlor of micrawave soled, DAPR Form HR 5022-005

Docket for Case No: 08-002826
Issue Date Proceedings
Oct. 16, 2008 Transmittal letter from Claudia Llado forwarding Petitioner`s Exhibits numbered 1 through 4 to the Petitioner.
Aug. 15, 2008 Order Closing File. CASE CLOSED.
Aug. 14, 2008 Joint Motion to Relinquish Jurisdiction filed.
Aug. 13, 2008 CASE STATUS: Hearing Held.
Jul. 29, 2008 Order Accepting Qualified Representative.
Jul. 28, 2008 Affidavit of John Joseph Truitt filed.
Jul. 28, 2008 Petitioner`s Motion to Accept Qualified Representative filed.
Jul. 24, 2008 Petitioner`s Witness List filed.
Jul. 24, 2008 Petitioner`s Exhibit List filed.
Jul. 23, 2008 Order of Pre-hearing Instructions.
Jul. 23, 2008 Notice of Hearing by Video Teleconference (hearing set for August 13, 2008; 9:30 a.m.; Tampa and Tallahassee, FL).
Jul. 17, 2008 Respondent`s Response to Initial Order filed.
Jul. 07, 2008 Response to Initial Order filed.
Jun. 16, 2008 Initial Order.
Jun. 16, 2008 Election of Rights filed.
Jun. 16, 2008 Administrative Complaint filed.
Jun. 16, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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