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
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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,
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
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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
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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.
|