Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GRAMPA BAKERY AND RESTAURANT
Judges: JUNE C. MCKINNEY
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, March 2, 2011.
Latest Update: Mar. 10, 2025
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PAGE
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
v5
GRAMPA BAKERY & RESTAURANT License alert anal
Respondent. Case Number 2009063981
Administrative Complaint ;
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against GRAMPA BAKERY &
RESTAURANT, (“Respondent”), and says
l
1 Petitioner 1g the state agency charged with regulating the operation of pubhe lodging establishments and
pubhe food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes
2 Respondent is, and has been at all tres material hereto, licensed by or subyect to the jursdiction of the
Division of Hotels and Restaurants The respandent's business address of record is 17 SW 1 ST, DANIA,
FLORIDA 33004 The mating address of record is GRAMPA BAKERY & RESTAURANT. at 17 SW 1 ST,
DANIA, FLORIDA 33004 .
3 Inspection of this establishment conducted pursuant to Sec. 509 032, Florida Statutes, revealed violations
of the provistans of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing
operation of the establishment The violation(s) found and applicable law are descnbed in Exhibit “A.”
attached hereto and incorporated herein by reference Inspecton documents are attached as Exhibit “B",
incorporated herein by reference
WHEREFORE, Petitroner respectfully requests entry of ar Order imposing one of more of the following
penalties administrative fine not to exceed $1,000 per offense, 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 December 14, 2009
Wane
Ken Buck, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Requiation
COUNSEL FOR THE DEPARTMENT
Mare Drexler, Lead Attorney
Flonda Bar No, 0487058
Department of Business & Professional Regulation
4940 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 foragaing ADMINISTRATIVE COMPLAINT has been
2009
hand served by me on this. I
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dayof_
Received by’
Inspector's Signature Operator's Signature
Title Title
Case Number 2009063981 File Number 407089 Distnet Number 02
Licensa Number 1620508 2040 Form revised 10 1509
GRAMPA BAKERY & RESTAURANT
63/86
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Exhibit, A
License Number 1620508
Licanse Type 2010 PERMANENT FOOD SERVICE
Case Number 2009063981
“EC? as cited herem references specific provisions of the Food Cade, Recommendations of the United States
Pubhe Health Service, Food and Drug Admmustration, 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”, Flonda
Admunstratwe Code, and 61G-1 004(5), Florida Administrative Code i
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tig allaged that on July 28, 2009, November 24, 2009 the licensee was In violation of Florida Statute 508(FS)
andior the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following
parboulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B !
* 4 O8A-28-1 3-30511FC FOODSTORAGE (A) EXGEPT AS SPECIFIED IN PARAGRAPHS (B) AND
(C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE
FOOD (1) IN A CLEAN, DRY LOCATION, (2) WHERE IT 1S NOT EXPOSED|TO SPLASH, DUST, oR
OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (B) FOOD IN PACKAGES
AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE
LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204 122 {(C) PRESSURIZED
BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR
CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT I$ CLEAN
AND NOT EXPOSED TO FLOOR MOISTURE \
A. OBSERVED FOOD STORED ON THE FLOOR...WALK-IN FREEZER.
““' danotes a critical violation
B, OBSERVED UNCOVERED FOOD IN HOLDING UNIT! DRY STORAGE AREA..WALKAN FREEZER.
* 2 09-04-1 3-301 17(B)FC (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS
SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY
NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE
SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR
DISPENSING EQUIPMENT
OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND THE
ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT.
* 3 120026-1 2-302 11(B)FC MAINTENANCE (B) UNLESS WeARInd INTACT GLOVES IN GOOD
REPAIR, A FOOD EMPLOYEE MAY NOT WEAR FINGERNAIL POLISH OR ARTIFICIAL FINGERNAILS
WHEN WORKING WITH EXPOSED FOOD :
OBSERVED AN EMPLOYEE WITH ARTIFICIAL NAILS/ NAIL POLISH WORKING WITH EXPOSED FOOD
WITHOUT WEARING INTACT GLOVES.
' \
* 4 22-221 4-601 11(A) FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE
CLEAN TO SIGHT AND TOUCH !
A. OBSERVED ENCRUSTED MATERIAL ON CAN OPENER.
B. OBSERVED SOILED REACH-IN COOLER GASKETS.
¢. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH AGCUMULATION OF FOOD RESIDUE.
D. OBSERVED BUILD-UP OF SLIME IN THE INTERIOR OF ICE MACHINE. \
Case Number 2009063961 File Number 107099 Dretnet Number 02
License Number 1620608 2010 Farm revised 10 16 09
GRAMPA BAKERY & RESTAURANT :
Jun 21 2010 9:47
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_ 6
5 36-11-1 610111FC SURFACE CHARACTERISTICS (A) EXCEPT AS SPECIFIED IN
PARAGRAPH (B) OF THIS SECTION, MATERIALS FOR INDOOR FLOOR, WALL, AND CEILING
SURFACES UNDER CONDITIONS OF NORMAL USE SHALL BE: (1) SMOOTH, DURABLE, AND EASILY
CLEANABLE FOR AREAS WHERE FOOD ESTABLISHMENT OPERATIONS ARE CONDUCTED, (2)
CLOSELY WOVEN AND EASILY CLEANABLE CARPET FOR CARPETED AREAS, AND (3)
NONABSORBENT FOR AREAS SUBJECT TO MOISTURE SUCH AS FOOD PREPARATION AREAS,
WALK-IN REFRIGERATORS, WAREWASHING AREAS, TOILET ROOMS, MOBILE FOOD
ESTABLISHMENT SERVICING AREAS, AND AREAS SUBJECT TO FLUSHING OR SPRAY CLEANING
METHODS (8)INA TEMPORARY FOOD ESTABLISHMENT (1) IF GRADED TO DRAIN, A FLOOR MAY
BE CONCRETE, MACHINE-LAID ASPHALT, OR DIRT OR GRAVEL IF IT 15 COVERED WITH MATS,
REMOVABLE PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED MATERIALS THAT ARE
EFFECTIVELY TREATED TO CONTROL DUST AND MUD, AND WALLS AND CEILINGS MAY BE
CONSTRUCTED OF A MATERIAL THAT PROTECTS THE INTERIOR FROM, THE WEATHER AND
WINDBLOWN DUST AND DEBRIS 7
OBSERVED FLOORS NOT MAINTAINED SMOOTH AND DURABLE.
6 37-05-1 616-1 004(6) 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 DEBRIS.
Crstnet Number 02
Casa Number 2009062881 File Number 107099
+ Form revised 10 15 08
License Number 1620508 2010
GRAMPA BAKERY & RESTAURANT
Docket for Case No: 10-003342
Issue Date |
Proceedings |
Mar. 02, 2011 |
Order Closing File. CASE CLOSED.
|
Mar. 02, 2011 |
Joint Motion to Relinquish Jurisdiction filed.
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Dec. 03, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 9, 2011; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Nov. 29, 2010 |
Petitioner's Motion for Continuance filed.
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Sep. 23, 2010 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 17, 2010; 1:30 p.m.; Lauderdale Lakes and Tallahassee, FL).
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Sep. 21, 2010 |
Joint Motion for Continuance filed.
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Sep. 01, 2010 |
Order Accepting Qualified Representative.
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Aug. 30, 2010 |
Affidavit of Joseph Truitt filed.
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Aug. 30, 2010 |
Petitioner's Motion to Accept Qualified Representative filed.
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Aug. 24, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
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Aug. 24, 2010 |
Petitioner's Witness List filed.
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Jun. 29, 2010 |
Order Directing Filing of Exhibits
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Jun. 29, 2010 |
Order of Pre-hearing Instructions.
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Jun. 29, 2010 |
Notice of Hearing by Video Teleconference (hearing set for September 27, 2010; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
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Jun. 24, 2010 |
Response to Initial Order filed.
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Jun. 21, 2010 |
Initial Order.
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Jun. 21, 2010 |
Election of Rights filed.
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Jun. 21, 2010 |
Administrative Complaint filed.
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Jun. 21, 2010 |
Agency referral filed.
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