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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JR'S RIB SHACK, 10-002670 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002670 Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JR'S RIB SHACK
Judges: ROBERT S. COHEN
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: May 17, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 24, 2010.

Latest Update: Dec. 26, 2024
May 1? 2010 13:48 @5/16/2018 88:38 DEPR OGA 8584146749 PAGE 83/85 Department of Business and Professional Regulation State of Florid Division of Hotels and fosionalR DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VS. j License Number. 1304974 JR'S RIB SHACK ne dent License Type 2010 Ron ; " Case Number |2009048352 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against JR'S RIB SHACK, ("Respondent’), and says: 1. Petitioner ig the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter $09, Florida Statutes. 2. Respondent is, and has been at ail times material hereto, ligensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 281 5S STAR AVE, CALLAWAY, FLORIDA 32404. The mailing address of record is JR'S RIB SHACK, at 2403 S HWY 77, LYNN HAVEN, FLORIDA 32444, 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 poplicable 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 Orda} penalties: administrative fine not to exceed $1,000 per offense, issued pursuant ta this Chapter, and/or any other relief authoriz rules promulgated therato. Signed September 11, 2009 r imposing one or mare of the following suspension, revocation, or refusal of a license ed by Chapter 509, Florida Statutes, or the Ké@n Hensdill, istrict M er r, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street : Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: {HEREBY CERTIFY that a true and correct copy of the foregoi hand served by me on this day of Recelved by; Inspector's Signature Title Case Number: 2009048362 File Number: 100316 License Number. 1304971 2010 JR'S RIB SHAGK By détégation fo Dir 7160 3901 9 49 7716 2460 ig ADMINISTRATIVE COMPLAINT has been , 2009. Operator's Signature Title District Number: 06 Form ravised 07.15.08 May 1? 2010 13:49 @5/16/2018 88:38 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 1304971 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009048362 "FC" as cited herein references specific provisions of the Food Cade, Recommendatians of the United States Publi¢ 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 Administrative Code, and 61C-1,004(8), Florida Administrative Code. “ denotes a critical violation. tis alleged that on September 1, 2009, July 1, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Divisian of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced ingpection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.538-08-1 609.049 FS: FOOD SERVICE 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 FUBLIC IN ESTABLISHMENT: 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 D ISION. 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 NTROL. THE LIGENSEE MAY DESIGNATE ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE ERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYE S$ HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED EMPLOYEE TRAINING CERTIFICATES EXPIRED. Casa Number: 2009048262 File Number: 100316 : District Number: 06 Form revised 07.15.09 License Number: 1304971 2010 JR'S RIB SHACK

Docket for Case No: 10-002670
Issue Date Proceedings
Sep. 24, 2010 Order Closing File. CASE CLOSED.
Sep. 23, 2010 Notice of Voluntary Dismissal filed.
Sep. 21, 2010 Amended Notice of Hearing by Video Teleconference (hearing set for September 28, 2010; 1:30 p.m., Central Time; Panama City and Tallahassee, FL; amended as to Time).
Jul. 21, 2010 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 28, 2010; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
Jul. 14, 2010 Petitioner's Motion for Continuance filed.
Jul. 13, 2010 Petitioner's Witness List filed.
Jul. 13, 2010 Petitioner's Exhibit List (exhibits not attached) filed.
May 26, 2010 Notice of Hearing by Video Teleconference (hearing set for August 3, 2010; 9:00 a.m., Central Time; Panama City and Tallahassee, FL).
May 26, 2010 Order of Pre-hearing Instructions.
May 26, 2010 Response to Initial Order filed.
May 18, 2010 Initial Order.
May 17, 2010 Election of Rights filed.
May 17, 2010 Administrative Complaint filed.
May 17, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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