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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JB`S SPORTS BAR AND RESTAURANT, 08-004394 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004394 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JB`S SPORTS BAR AND RESTAURANT
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Sep. 05, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 22, 2009.

Latest Update: Dec. 24, 2024
Sep 5 2008 9:07 aq/@5/ 2888 18:85 8584146749 DEPR OGA PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE. JB'S SPORTS BAR & RESTAURANT tieones Tricaoton Respondent. Case No, 20080134743 f ISTRATIVE CO! The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Compiaint against J8'S SPORTS BAR & RESTAURANT, ("Respondent’), and says: ; 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service astabliehmants, purswant to Section 20.165 and Chapter 509, Florida Statuies. 2, Respondent is, and.has been at all timas material heretg, licensed by of subject to the jurisdiction of the Division of Hotels.and Restaurants. The respondent's business address of record is 4880 8 KIRKMAN RO, ORLANDO, FLORIDA 328113641 ,The mailing address of racord is JB'S SPORTS BAR & RESTAURANT, at 4880 S$ KIRKMAN RD, ORLANDO, FLORIOA 328113644, 3. Inspection of this establishment conducted pursuant to Sec. 609.032, Florida Statutes, revealad 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-herato and incorporated herein by reference. Inspection documents are attached as Exhibit “3”, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine nat to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Dapartmant’s Hospitality Education Program; suspension, revocation, or refusal of a license {ssued pursuant to this Chapter, and/or any other relief authorized by Chapter 508, Florida Statutes, or the rules promulgated thereto. Signed March 10, 2008 Va Valerie Freeman, District Manager By delegation of the Diractor, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Laad Attorney Florida Bar No. 0153834 Department of Businass & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32999-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL_-AR | HEREBY CERTIFY that f @ and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been day of , 2008. Received by: Operator's Signature Title Case Number: 2008013473 — File Number; 132292 Oletict Number: 04 Ucense Number: 5804731 2040 . Form ravieed 07,07,07 JES SPORTS GAR & RESTAURANT Sep 5 2008 9:07 aq/@5/ 2888 18:85 8584146749 DEPR OGA PAGE @4/@6 Exhibit 4 License Number, 5804731 License Type: 2010 PERMANENT FOOD SERVICE Gase Number: 2008013473 FC as cited herein references specific provisions of tha Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Ghapter 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 4A-3, Fire Pravention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * danotes a critical violation. It is alleged that on June 12, 2007, August 24, 2007, February 20, 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 referanced inspection(s) ara attached hereto and incarporated by reference as Exhibit B. * 4,02-22-1 4-601,17(A) FO: (A) EXGEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS: THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1, THERE WAS NO DATE MARKING ON PREPARED READY TO EAT POTENTIALLY HAZARDOUS FOODS IN THE WALK IN GOOLER. (6/12/07, 8/24/07, AND 2/20/08) * 2, 0BA-27-1 3-302,11(A)(1) FO:; (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A} RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUGH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B}) COOKED READY-TO-EAT FOOD: THERE WAS RAW CHICKEN WINGS STORED NEXT.TO COOKED WINGS IN THE WALK IN COOLER. ALSO RAW GHIGKEN AND RAW BEEF WERE NOT PROPERLY SEPARATED IN THE REACH IN COOLER. (8/24/07 AND 2/20/08) * denotes critical violation District o4 Case Number, 2008013473 License Type: 2010 License Number: 5804731 File Number: 132232 JB'S SPORTS BAR & RESTAURANT Sep 5 2008 9:08 aq/@5/ 2888 18:85 8584146749 DEPR OGA PAGE 85/86 Exhibit A * 3. 42A-12-1 2-301.14 FG: WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-01.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN GLEAN HANDS AND CLEAN, EXPOSEO PORTIONS OF ARMS; (B} AFTER USING THE TOILET ROOM: (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401,14(8), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; {(F) DURING FOOD PREPARATION, AS OFTEN aS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS: (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD: AND (|) AFTER ENGAGING IN OTHER ACTIMITIES THAT CONTAMINATE THE HANDS. THE EMPLOYEE WORKING IN THE FOOD PREPARATION AREA DID NOT PROPERLY WASH HER HANDS AFTER CHANGING TASKS OR BEFORE CHANGING GLOVES. (8/24/07 AND 2/20/08) * dénotes critical violation Distriet: o¢ Case Number, 2008013473 License Type: 2010 License Nurnber: 5804731 File Number: 132232 JB'S SPORTS BAR & RESTAURANT

Docket for Case No: 08-004394
Issue Date Proceedings
Oct. 22, 2009 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Oct. 21, 2009 Joint Motion to Relinquish Jurisdiction filed.
Oct. 06, 2009 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 5, 2009; 9:00 a.m.; Orlando and Tallahassee, FL).
Oct. 05, 2009 Letter to DOAH from S. LaBret regarding request to reschedule hearing filed.
Oct. 05, 2009 Joint Motion for Continuance filed.
Oct. 02, 2009 Notice of Transfer.
Sep. 30, 2009 Notice of Substitution of Counsel (of C. Tunnicliff) filed.
Aug. 14, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 7, 2009; 9:00 a.m.; Orlando, FL).
Aug. 04, 2009 Joint Motion for Continuance filed.
Aug. 04, 2009 Letter to DOAH from S. LaBret regarding request to reschedule hearing filed.
Jul. 30, 2009 Petitioner's Exhibit List filed.
Jul. 30, 2009 Petitioner's Witness List filed.
Jul. 09, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for August 7, 2009; 9:00 a.m.; Orlando, FL).
Jun. 30, 2009 Joint Motion for Continuance filed.
Apr. 07, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 2, 2009; 9:00 a.m.; Orlando, FL).
Mar. 30, 2009 Joint Motion for Continuance filed.
Mar. 26, 2009 Order of Pre-hearing Instructions.
Mar. 26, 2009 Amended Notice of Hearing (hearing set for April 29, 2009; 9:00 a.m.; Orlando, FL; amended as to date of hearing and respondent`s counsel).
Mar. 25, 2009 Letter to Judge Kilbride from S. LaBret regarding confirmation of continuance of hearing filed.
Mar. 04, 2009 Order of Pre-hearing Instructions.
Mar. 04, 2009 Notice of Hearing (hearing set for April 2, 2009; 9:00 a.m.; Orlando, FL).
Feb. 27, 2009 Unilateral Response to Initial Order filed.
Nov. 13, 2008 Response to Order Granting Continuance filed.
Nov. 05, 2008 Notice of Appearance and Request for All Pleadings filed.
Nov. 04, 2008 Order Granting Continuance (parties to advise status by November 13, 2008).
Nov. 03, 2008 Notice of Transfer.
Nov. 03, 2008 Unilateral Motion for Continuance filed.
Oct. 28, 2008 Petitioner`s Exhibit List filed.
Oct. 28, 2008 Petitioner`s Witness List filed.
Oct. 01, 2008 Undeliverable envelope returned from the Post Office.
Sep. 23, 2008 Order of Pre-hearing Instructions.
Sep. 23, 2008 Notice of Hearing (hearing set for November 4, 2008; 10:00 a.m.; Orlando, FL).
Sep. 12, 2008 Response to Initial Order filed.
Sep. 05, 2008 Initial Order.
Sep. 05, 2008 Election of Rights filed.
Sep. 05, 2008 Administrative Complaint filed.
Sep. 05, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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