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," at\ached hereto and incorporated herein by reference. Inspection documents ara attached as Exhibit "8", incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry oi an Order imposing one or more cf the following penalties: administrative fine Ml to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to !his Chapl r, and/or an)' other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed ebruary 19, 201 0
t•.f .....,,_,_ -·
Valerie Freeman, 'District Manager
By del<'Jgation of the Director, or designei;, Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE OEPARTlvlENT:
lvlarc Drexler, Lead Attorney Florida Bar No, 0487058
Department of Business & Professional Regulation
1940 North Monroe Street Tallahassee, Florida 32399-2202
Certificate of Service
BY CERT/1"/ED U.S. MAIL, ARTICLE NUMBER:
I HEREBY CERTIFY that a true and correct copy of the foregoing ADh,1INISTP-ATIVE COMPLAINT h.as been
hand served by me on this. day of '' 2010.
Inspector's Signature
Received by:--c"---=
Operator's Signature
Tille Title
Cas Number: 2010008.368 File Number; :2.3-3207 License Number; 690480e 2010
COCONUi'S CU AN CAFE
Distrlc1 Number: □4 f=orm revised 10.15.09
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01/04/2011 11:30 8504145749 DBPR OGA PAGE 04
Exhibit A
License Number: 6904808
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010008388
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.
It is alleged that on December 1, 2009, February 1, 201o 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 report(s) for the above referenced lnspection(s) are attached hereto and incorporated by reference as Exhibit B. ·
* 1. 05-09-1 4-204.112 FC;: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT.
(B) EXCEPT AS SPECIFIED INPARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING
EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (6) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR
·MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE.
THERE WERE NO THERMOMETERS IN THE COOLERS BY THE GRILLS.
2. 32-04-1 B-202.14 FC, B1C-1.004(2)(B) FAC;: PUBLIC BATHROOMS SHALL BE COMPLETELY ENCLOSED.AND SHALL HAVE TIGHT- FITTING, SELF CLOSING DOORS OR, IN BATHROOMS LOCATED OUTSIDE A PUBLIC FOOD SERVICE ESTABLISHMENT, HAVE ENTRANCES AND l;;XITS CONSTRUCTED IN SUCH A MANNER AS TO ENSURE PRIVACY OF OCCUPANTS. SUCH DOORS SHALL NOT BE LEFT OPEN EXCEPT DURING CLEANING.QR MAINTENANCE EXCEPT THAT THIS [ENCLOSURE] REQUIREMENT DOES NOT APPLY TO A TOILET ROOM THAT IS LOCATED OUTSIDE, A FOOD ESTABLISHMENT AND DOES NOT OPEN DIRECTLY INTO THE FOOD ESTABLISHMENT SUCH AS A TOILET ROOM THAT IS PROVIDED BY THE MANAGEMENT OF A SHOPPING MALL.
THE BATHROOM WAS NOT ENCLOSED WITH TIGHT-FITTING, SELF CLOSING DOORS.
denotes orltloal violation Case Number: 2010008388 License Number: 5904808 COCONUTS CUBAN CAFE
District: o 4
License Type: 2010
File Number: 233207
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Exhibit A
THERE WERE NO PAPER TOWELS AT THE HANDSINK BY THE THREE COMPARTMENT SINK.
