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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GRAMPA BAKERY AND RESTAURANT, 10-003342 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-003342 Visitors: 4
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: Jun. 17, 2024
B6/ 26/2818 84:26 8584146749 DEPR OGA Jun 21 2010 9:45 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 | 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 Jun 21 2010 9:45 B6/ 26/2818 84:26 8584146749 DEPR OGA PAGE @4/@6 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 | | 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 B6/ 26/2818 84:26 8584146749 DEPR OGA PAGE 85/8 _ 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.
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).
Nov. 29, 2010 Petitioner's Motion for Continuance filed.
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).
Sep. 21, 2010 Joint Motion for Continuance filed.
Sep. 01, 2010 Order Accepting Qualified Representative.
Aug. 30, 2010 Affidavit of Joseph Truitt filed.
Aug. 30, 2010 Petitioner's Motion to Accept Qualified Representative filed.
Aug. 24, 2010 Petitioner's Exhibit List (exhibits not available for viewing) filed.
Aug. 24, 2010 Petitioner's Witness List filed.
Jun. 29, 2010 Order Directing Filing of Exhibits
Jun. 29, 2010 Order of Pre-hearing Instructions.
Jun. 29, 2010 Notice of Hearing by Video Teleconference (hearing set for September 27, 2010; 1:00 p.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.
Source:  Florida - Division of Administrative Hearings

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