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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs ANGELINAS PIZZERIA AND PASTA, 10-010453 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010453 Visitors: 3
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ANGELINAS PIZZERIA AND PASTA
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Panama City, Florida
Filed: Dec. 01, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 17, 2010.

Latest Update: Sep. 22, 2024
Dec 1 2010 11:19 12/a1/2818 12:87 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Va. ANGELINAS PIZZERIA & PASTA teense aype 201 aoar7s Respondent, Case Number 2010000594 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ANGELINAS PIZZERIA & PASTA, ("Respondent’), and says: 1. Petitioner is the state agency charged with requlating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes, 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 3212 W 23RD STREET, PANAMA CITY, FLORIDA 32405.The mailing address of record is ANGELINAS PIZZERIA & PASTA, at 3212 W 23RD STREET, PANAMA CITY, FLORIDA 32405. 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 applicable law are described in Exhibit "A,” attached hereto and incorporated herain by reference. Inspection documents ara attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not te 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 January 06, 2010 iy Ken Hensdilt, Ofstrict Manager By delegation of the Director, ar designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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 foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of 2010, Received by: Inspector's Signature Operator's Signature Title Title District Number: 06 Case Number: 2010000594 — File Number: 100195 Form revised 10.15.08 Linense Number: 1304775 2010 ANGELINAS PIZZERIA & PASTA AS Dec 1 2010 11:19 12/81/2616 12:87 8584146749 DEPR OGA PAGE Exhibit A License Number: 1304775 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010000594 “EC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public 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(5), Florida Administrative Code. “” denotes a critical violation. It is alleged that on December 28, 2009, August 25, 2009 the licensee was in violation of Florida Statute §09(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 referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4. 20A-10-1 4-501.114(A) FC:: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR AMANUAL OR MEGHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703, 11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (Aj) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS] OBSERVED DISHMACHINE CHLORINE SANITIZER NOT A PROPER MINIMUM STRENGTH, AT @. REPEAT VIOLATION, 8/25/09. District Number: 06 Case Number: 2010000584 = File Number: 100196 Nh Form revised 10,15,08 License Number. 1304775 2010 ANGELINAS PIZZERIA & PASTA Ad

Docket for Case No: 10-010453
Source:  Florida - Division of Administrative Hearings

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