Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JIMBOS SAND BAR
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jun. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 14, 2010.
Latest Update: Jan. 11, 2025
G6/ 26/2818 8d: ae
8584146749
Department of Business and Professional Reg
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Pettioner,
v8
JINBOS SAND BAR
Respondent
ee
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DI
RESTAURANTS, ("Petttioner’), files this Administrative Complaint against JIM
(‘Respondent’), and says
1
2
WHEREFORE, Petitoner respectfully requests entry of an Order imposing on
penalties administrative fine not to exceed $4,000 per offense! suspension, rr
issued pursuant to this Ghapter, and/or any other rehef authorized by Chapter
Petitioner ts the state agency charged with regulating the operption of pub
public food service establishments, pursuant ta Section 20 165 and Chapt
Respondent is, and has been at all bes matenal hereto, cersed by or 5
Division of Hotels and Restaurants ‘The respondent's busihess address 9;
HOLLYWOOD, FLORIDA 33019 The matlng address of record is JIMBO
OCEAN DR, HOLLYWOOD, FLORIDA 33019
Inspection of this establishment conducted pursuant to Sec 509 032, Fla
of the provisions of Chapter 509, Florida Statutes, and / or the [rules pron
operation of the establishment The violation(s) found and applicable law
attached hereto and incorporated herein by reference Inspection dacume:
incerporated herein by reference
rules promulgated thereto
Signed November 30, 2009
COUNSEL FOR THE DEPARTMENT
Mare Drexler, Lead Attorney
Flonda 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 foregoin
dun 21 2010
DEPR OGA
State of Florida
License Number 1621824
License Type 20 0
Case Number 2008061027
Administrative Complaint b
bl
9:20
PAGE
tation
VISION OF HOTELS AND
OS SAND BAR,
ic lodging establishments and
br 509, Florida Statutes
byect to the jurisdiction of the
record is 6200 N OCEAN DR,
SAND BAR, at 6200 N
‘is Statutes, revealed violations
gated thereta governing
re described in Exhibit "A,"
ts are attached as Exhibit "B”,
Vocation, or refusal of a hcense
09, Florida Statutes, or the
‘0 more of the following
Ken Buck, District Manager
By delegation of the Director,
Division of Hotels|& Restaura
Department of Business & Pri
g ADMINISTR
ior designee
ts
fessional Regulation
TIVE GOMPFLAINT has been
hand served by me on this, day of , 2009
Inspector's Signature
Racewved by
I
Operator's Signature
Title
Case Number 2008061027
License Number 1621824 2010
JIMBOS SAND BAR
Fite Number 221562
Title
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|
District Numbar 02
Form revised 10 15 08
a3/ay
Jun 21 2010 9:20
G6/ 26/2818 8d: ae 8584146749 DEPR OGA PAGE @4/a7
Exhibit A
License Number 1621824
License Type 2010 PERMANENT FOOD SERVICE
Case Number 2009061027
“EC" ag cited herein references specific provisians of the Food Code, Recommendations of the United States
Publie Health Service, Food and Drug Administration, incorporated by Chapter 67, 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, Geteral Provisions", Florida
Adreunistratve Cade, and 610-1 004(5), Florida Administrative Code
“" denotes a critical violation
[tts alleged that on August 6, 2009, November 4, 2009 the licensee was In vid ation of Flonda Statute 509(FS)
and/or the Rules of the Division of Hotels and Restaurants, Florida Admmistrative Code (FAC), in the following
particulars. Copy{s) of the report(s) for the above referenced nspection(s) are attached hereto and
meorporated by reference ag Exhibit B
“4 02-22-1 3-501 17(A) FG. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION,
REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A
FOOD ESTABLISHMENT EOR 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
A, OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PRE
MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...HAM.
ARED ON SITE AND HELD
B. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN
24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING...CHEESE IN REACH-IN COOLER.
C, OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD
MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...RIBS IN REAGH-IN COOLER.
D. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD
MORE THAN 24 HOURS NOT PROPERLY DATE MARKED..FRIES IN REAGH-IN COOLER.
E. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD
MORE THAN 24 HOURS NOT PROPERLY DATE MARKED..PORK RIBS IN|IREAR STORAGE REACH-IN
GOOLER.
* 2 08A-22-1 3-302 T1(A)(1) FG (A) FOOD SHALL BE PROTECTED F ROM CROSS
CONTAMINATION BY (1) SEPARATING RAW ANIMAL FOODS DURING & ‘ORAGE, PREPARATION,
HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INGLUBING OTHER RAW ANIMAL
FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT
FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD,
A. OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT
FOODS...PASTA/ CHICKEN IN REACH-IN COOLER.
8, OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT
FOODS...CHICKEN AND POTATOES IN REACH-IN COOLER.
* 8 0G-05-1 3-301 11(D} FG PREVENTING CONTAMINATION FROM HANDS (D) FOOD
EMPLOYEES" SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT |S NOT
IN A READY-TO-EAT FORM
Case Number 2009061027 File Number 221562 Distret Number 02
License Number 1621824 2010 Form revised 10 15 09
JIMBOS SAND BAR
Jun 21 2010 9:20
66/20/2616 4:68 8584146749 DEPR OGA PAGE 85/87
OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOQD CONTAINER of OTHER CONTAINER WITH
NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-T0-EAT...BAR.
OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT
REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT,
NONABSORBENT, AND SMOOTH MATERIAL
A. OBSERVED NONFOOD-CONTACT EQUIPMENT EXPOSED TO SPLASH! SPILLAGE NOT
CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-ABSORBENT, SMOOTH
AND EASILY CLEANABLE...FRONT REACH-IN COOLER.
4 15-35-1 4-101 111FC NONFOOD-CONTACT SURFACES OTHER FOOD SOIL SURFACES
B. OBSERVED NONFOOD-CONTAGT EQUIPMENT IN POOR REPAIR...FRONT PANEL MISSINGAT
REAGH-IN COOLER OVER GOMPRESSER.
5 21-12-1 39-304 14(BY(2) FC (B) CLOTHS USED FOR WIPING FOO
AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802 11{D), STORE!
AT A CONCENTRATION SPECIFIED IN SECTION 4-801 114, AND USED Fi
FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT.
OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES.
SPILLS SHALL BE (2) WET
IN A CHEMICAL SANITIZER
RWIPING SPILLS FROM
“ 6 22-47-1 4-802 11(C) AND (D) FCG. (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS
SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMEN|T FOOD-CONTACT
SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS
(2B) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY
BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF (1) IN ST!
POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAI
SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED
UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD INA eee
AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE F
THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY |
[TEMPERATURE/CLEANING FREQUENCY] THAT CORRESPONDS TOT
H
DEGREES FAHRENHEIT OR LESS - 24 HOURS, GREATER THAN 41 oT
DEGREES FAHRENHEIT - 20 HOURS, GREATER THAN 45 DEGREES FA\
FAHRENHEIT - 16 HOURS, GREATER THAN 50 DEGREES FAHRENHEIT
- 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT
ED AT TEMPERATURES
EN THEY ARE EMPTY; (2)
ERATED ROOM OR
LOWING CHART AND (A)
THE FOLLOWING CHART
TEMPERATURE [AT 41
ES FAHRENHEIT TO 45
RENHEIT TO 50 DEGREES
0.55 DEGREES FAHRENHEIT
JFEMPERATURE OF THE
ANED A CONTAINERS OF
N
4
REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT.
(3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELI
HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAIN
TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTL
. AND CAFETERIA LINES
AINED AT THE
COMBINED WITH
ADDITIONAL SUPPLIES OF THE SAME FOOD THAT IS AT THE REQUIRED TEMPERATURE, AND THE
CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS; (4) TEMPERATURE MEASURING DEVICES
ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DELI FOOD
ORIN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3, (5) EQUIPMENT IS USED
FOR STORAGE OF PACKAGED OR UNFACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND
THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF
SOIL RESIDUES, (6) THE CLEANING SCHEDULE IS APPROVED BASED ON CONSIDERATION OF (A)
CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (©) THE
AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS
MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE
MULTIPLICATION OF PATHOGENIC OR TOXIGENIG MICROORGANISMS
CAUSING FOODBORNE DISEASE, OR (7) IN-USE UTENSILS ARE INTER
APID AND PROGRESSIVE
HAT ARE CAPABLE OF
ITTENTLY STORED IN A
CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 125 EGREES FAHRENHEIT OR
MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST
FREQUENCY NECESSARY TO PRECLUDE AGGUMULATION OF SOIL RE
OBSERVED SOILED REACH-IN COOLER GASKETS...LINE.
Case Number 2009061027 File Number 221582
License Number 16216824 2070
JIMBOS SAND BAR
ERY 24 HOURS OR AT A
(DUES
Dusinet Number 02
Form revised 10 15.09
Jun 21 2010 9:21
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7 25-05-1 4-903.11(C) AND (D)FG* (C)SINGLE-SER Ice AND aNG SHALL ARTICLES SHALL BE
STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE
ORIGINAL PROTECTIVE PAGKAGE OR STORED BY USING OTHER MEANS THAT AFFORD
PROTECTION FROM GONTAMINATION UNTIL USED. (D) TEMS THAT ARE KEPT IN CLOSED
PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR|ON DOLLIES, PALLETS.
RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204 122
OBSERVED SINGLE-SERVICE ARTICLES IMPROPERLY STORED...BAR.
© 8 31-12-41 5:205.11(B) FG" (B) USING A HANDWASHING FACILITY | A HANDWASHING LAVATORY
May NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING
A. OBSERVED HAND WASH SINK USED FOR PURPOSE OTHER THAN HAND WASHING...BAR,
B. OBSERVED LESS THAN 1 HAND WASH SINK OR NUMBER REQUIRED BY LAW FOR EMPLOYEES.
C, OBSERVED HAND WASH SINK MISSING IN FOOD PREPARATION RODM OR AREA...OUTSIDE BAR
AREA. ;
“99 32-15-1 6-301 14 FG AND 610-1 004(2)(2) FAC HANDWASHING SIGNAGE A SIGN OR
POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANOS SHALL BE POSTED AT ALL
HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALLIBE CLEARLY VISIBLE TO
FOOD EMPLOYEES" !
A. OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK UBED BY FOOD
EMPLOYEES...BAR.
B. OBSERVED BATHROOM DOORS LEFT OPEN OTHER THAN DURING GLEANING OR
MAINTENANCE...LADIES.
10 36-22-1 6-501 12(A)FC.. (A) CLEANING, FREQUENGY AND RESTRICTIONS THE PHYSICAL
FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN
OBSERVED FLOOR AREA(S) COVERED WITH STANDING WATER REAR STORAGE AREA.
41 37-05-1 810-1004(8)FAC (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS
AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS
OBSERVED WALL SOILED WITH ACCUMULATED FOOD DEBI 1S... KITCHEN.
12 38-07-1 6-202 11FC.. LIGHT BULBS, PROTECTIVE SHIELDING \A) EXCEPT AS SPECIFIED IN
PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE
SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS,
AND LINENS, OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ART GLES. (B) SHIELDED,
COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY
FOR STORING FOOD IN UNOPENED PACKAGES, IF (1) THE INTEGRITY F THE PACKAGES CAN NOT
BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM, AND (2) THE PACKAGES ARE CAPABLE OF
BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE, THE PAC GES ARE OPENED (C) AN
INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED|AGAINST BR FAKAGE BY A SHIELD
SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS
EXPOSED.
OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE
STORAGE,
13 51-14-1 61-1 004(9KD) FAC (2) CARBON DIOXIDE AND HELIUM TANKS SHALL BE
ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER'TO SAFE
OBSERVED CARBON DIOXIDE/ HELIUM TANKS NOT ADEQUATELY SECURED.
i
COATINGS OR COVERS...REAR
Case Number 2008081027 File Number 221562 Distrat Number O02
License Number 1621624 2010 Form revised 10 15 09
JIMBOS SANGO BAR
Docket for Case No: 10-003341
Issue Date |
Proceedings |
Jul. 14, 2010 |
Order Closing File. CASE CLOSED.
|
Jul. 14, 2010 |
Notice of Voluntary Dismissal filed.
|
Jul. 02, 2010 |
Order of Pre-hearing Instructions.
|
Jul. 02, 2010 |
Notice of Hearing by Video Teleconference (hearing set for August 16, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jun. 24, 2010 |
Response to Initial Order filed.
|
Jun. 21, 2010 |
Initial Order.
|
Jun. 21, 2010 |
Election of Rights filed.
|
Jun. 21, 2010 |
Administrative Complaint filed.
|
Jun. 21, 2010 |
Agency referral filed.
|