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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JOSEPH'S PIZZA, 10-010498 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010498 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JOSEPH'S PIZZA
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Dec. 07, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 1, 2011.

Latest Update: Nov. 16, 2024
Dec 7? 2010 13:58 12/87/2018 14:45 8504146749 DBPR OGA PAGE 63 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. . License Number. 2600178 JOSEPH'S PIZZA dent License Type 2010 Respondent. Case Number 2010004928 U — Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against JOSEPH'S PIZZA, ("Respondent’), and says: 1. Petitioner is the state agency charged with regulating 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 7316 MAIN ST, | JACKSONVILLE, FLORIDA 322084124.The maillng address of record is JOSEPH'S PIZZA, st 7316 MAIN ST, JACKSONVILLE, FLORIDA 322084124. | 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 herein by reference. Inspection documents are attached as Exhibit “8”, incorporated herein by reference. WHEREFORE, Petilioner respectfully requests entry of an Order imposing one ar more of the following penalties: administrative fine not to exceed $1,000 per offense, suspension, ravocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statues, or the rules promulgated thereto. Signed February 01, 2010 Stevan Bodungen, District Manager By delegation of the Director, 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: 7160 3901 9848 6393 3716 7160 3901 9848 6393 3716 __ | 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 a ee Title Title Casa Number: 2010004028 Fila Number: 416214 District Number: 05 License Number: 2600178 2010 Form revised 10.15.09 JOSEPH'S PIZZA 12/87/2818 14:45 8584146749 DBPR OGA Dec 7? 2010 13:58 PAGE Exhibit A License Number; 2600178 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010004928 "FC" 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 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “-" denotes a critical violation. Itis alleged that on November 18, 2009, January 19, 2010 the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the teport(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. © 1 08A-29-1 3-302.11(A}(4) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS. OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLD UNIT. LEMONS ON FRONT LINE. - 2.53A-19-1 61G-4.023(1) FAC:: (1) ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED ACERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE OBSERVED EXPIRED FOOD MANAGER CERTIFICATION. SUZANNE BATEH, EXPIRED 05/04/09, Case Number: 2010004028 File Number. 116214 District Number: 05 Licanse Number, 2600178 2010 Form revised 10.15.09 JOSEPH'S PIZZA a4

Docket for Case No: 10-010498
Source:  Florida - Division of Administrative Hearings

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