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
Issue Date |
Proceedings |
Mar. 01, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Mar. 01, 2011 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 25, 2011 |
Petitioner's Exhibit List filed.
|
Feb. 25, 2011 |
Petitioner's Witness List filed.
|
Feb. 25, 2011 |
Letter to Judge Peterson from C. Tunnicliff enclosing proposed hearing exhibits (exhibits not available for viewing) filed.
|
Dec. 20, 2010 |
Order of Pre-hearing Instructions.
|
Dec. 20, 2010 |
Notice of Hearing by Video Teleconference (hearing set for March 2, 2011; 10:00 a.m.; Jacksonville and Tallahassee, FL).
|
Dec. 14, 2010 |
Joint Response to Initial Order filed.
|
Dec. 08, 2010 |
Initial Order.
|
Dec. 07, 2010 |
Election of Rights filed.
|
Dec. 07, 2010 |
Administrative Complaint filed.
|
Dec. 07, 2010 |
Agency referral filed.
|