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State of Florida

Dep rtment r,f Business and Professiot,al Regulation Division of Hotels and Restaurants

DE?ARTl"1ENT OF BUSINESS Al,D "ROFESSIONAL REGULATION

Petitioner,

VS.

FERRARP.'S PIZZA & PAS7A Ri:STAURANT

Respondent.

/

Licens® t-.iumber. 58', 1658

Licens Type 207O

C se Number 2010010951

Admin·istrativs Con,plaint

The DEPARTMENT OF BUSINESS AND PROFESS!OlsJAL REG!.JLATIOI . D1\/ISIOr, OF HOT!:LS Al,D

RESTAURANTS, ("Petitioner"), files this Administrative Complaint ag insl FERRARA'$ PIZZA & PASTA RESTAUF:.Al T ("Respondent"). and says;

1. 0, e ti!ioner is the state agency chargea with regulo1iing the operation of pubilc lodging establi$hment;. and public food service esmbli,hments. pursuant to Section 20.165 and Chapter 509, Florida Statutes.

2. Respond en! is, and has been at all time5; material hereto, licensed by or subject to ths- _iurlsdictior1 of th Division of Hotels and Restaurants. Ths respondent's business address of record i$- 3020 L;,1v18=:RTON BL\/D-UN!T 101, ORLANDO, FLORIDA 82825.The mailing address of record is FERRARA'$ PIZZA & P ,STP, RESTA'JRANT, at 3020 LAMBERTON BLVD-UisilT 101. ORLANDO, FLORIDA 32525.

o. Inspection of this establishment conducted pursuant to Sec. 509.032, ."lorid Statutes, revealed violations oi the provision Of Chap\e; 509, Floride St iules. and I or the rules promulgated therek> governing operation of the establishment. The violation(s) iound and applicable law ;,re described in Exhibit "A." attached hereto and in:::orpmG1ted he:iein by reference. Inspection docurnents are attached aE Exhibit "!3", incorporatec' herein by reierl:!l]ce.,

1

WHER::FORE, Ps,tition"' respectiully requests entr)' oi ar, Order imposing one or mor ofthe following penaltles: adrninist,ative fin not to ex.Jaed £1,000 per offens5\ susp nsion revocation, or refusal of e license issued pursuant to tl,is Chapter, and/o• any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgal d thereto.

Signed lvlarcn 05. 201C

_',......, ,...,J- \--- 2 •"

\/ale;ie Freeman, District Man ger

3y delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

COU1%EL FOR THE DEPARThAENT:

lvlarc Drexler. Lead Attornev Florida Bar No. 0487058 ·

Department of Business & Professional Regulation

1940 l orth Monroe Skeet Tallahasse,;,, Florida 32399·2202

Certificate of Service

a

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:

I HEREBY CERTIFY \ha, true and correct copy of th foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

lnsp,actor's Signatu.-e

day of                                                         ., 2010.

F?eceived b 1:--=----,,---,-'"'., ­

Operator's Signature

Title Title

Cc!s Numb!:! : 2010010951 Fill:! ).Jurnb r'. 2018g.S 1.ir:etlS!:: Numb r: 5B1165B 010 ·

F;::.RP.A.! ;1:."S P!.!Z.L,, t. !!'ASTA KF:STAUR/11\JT

Dls\ris.l NUmbe:': 04

F□tm revl::;e::! 10,'15.09

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Exhibit A

License Number: 5811658

License Type: 2010 PERMANENT FOOD SERVICE

Ciise Number: 2010010951

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, FIMda 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.□04(5},Florida Administrative Code,

• denotes a critical vloiation.

  
  

  Ills alleged that on Maron 4, 2009, May 11, 2009, July 27, 2009, October 14, 2009, February 12, 2010 the licensee was in violation of Florida StaMe 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 inspection(s} are attached hereto and incorporatecl by reference as Exhibit B.

  
  

  ' 1. 03A-07-1 3-501.16(A) FC:: {A} EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SP!.'CIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(9) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A} 41 DEGREES FAHRENHEIT OR LESS;

  
  

  ON 314109, CHEESE AND HAM WERE 45 DEGREES FAHRENHEIT, GARLIC IN OIL WAS 68 DEGREES FAHRENHEIT, CHICKEN STOCK WAS 79 DEGREES FAHRENHEIT, AND PIZZA WAS 68 DEGREES FAHRENHEIT. ON 5111/09, PIZZA WAS 88 DEGREES FAHRENHEIT. ON 7127109, HAM, MEATBALLS, AND BEEF WERE 45 DEGREES FAHRENHEIT IN THE WALK IN COOLER AND PIZZA WAS 1:\1 DEGREES FAHRENHEIT. ON 10/14109, PIZZA WAS 77-87 DEGREES FAHRENHEIT, ON 2/12110, COOKED CHICKEN WAS 98 DEGREES FAHRENHEIT, AND PIZZAS AT THE FRONT COUNTER WERE 61-64 DEGREES FAHRENHEIT.

  
  

• 2. 0BA-26-1 3-302.11(A)(1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (BJ COOKED READY-TO-EAT FOOD;

  
  

  ON 7127109, RAW EGGS WERE STORED OVER VEGETABLES IN THE WAI-.K IN COOLER. ON 2112/10, RAW ClllCKEN WAS STORED OVER CHEESE STICKS (UNSEALED PACKAGE:S).

  
  

• 3. 09-03-1 3-301.11(0} FC:: PREVENTING CONTAMINATION FROM HANDS. (DJ FOOD EMPLOYEES' SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOStcD FOOD THAT IS NOT IN A READY-TO-EAT FORM.

  
  

  THE ESTABLISHMENT WAS IMPROPERLY USING A PLASTIC CONTAINER WITHOUT A HANDLE TO DISPENSE FLOUR (7/21/09) ANO SALT ( 2112110).

  
  

• denotes critical violation Case Number: ;mi 0010951 License Numrier: 5611668

  FERRARA'$ PIZZA & PASTA RESTAURANT

  District: o 4

  License Type: 2010

  FIie Number: 201898

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  PAGE 05

  
  

  Exhibit A

  
  

  ' 4. 22-23-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

  
  

  THE SLICER WAS SOILED (7/27/09 AND 2/12110), ALSO, THERE WAS A PINK SLIM!a BUILD UP INSIDE THI"' ICE MACHINE. (7/27/09 AND 2/12/10).

  
  

• 5. 31-12-1 5-205.11(8) FC:: (B) USING A HANDWASHING FACILITY, A HANDWASHING LAVATORY MAY NOT Bl"' USED FOR PURPOSES OTHER THAN HANDWASHING.

  THE HAND WASH SINK WAS BEING USED FOR PURPOSES OTHER THAN HAND WASHING.

  (OBSERVED 7127/09 AND 2/12/10).

  
  

  • 6. 53A·01-2 509.039 FS AND 61C-4.023(1) FAG ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVI= A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPiED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICAilON EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST...

    AND

    53A-09-1 61C-4,023(1) FAC:: (1) WHEN FOUR OR MORE EMPLOYEES', AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS.

    
    

    THe MANAGER WAS LACKING PROOF OF FOOD MANAGER CERTIFICATION AND THERE WAS NO CERTIFIED FOOD MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION, (FOOD MANAGER CERTIFICATIONS VIOLAilONS OBSERVED ON 3/4/09, 5/11/09, 7/'1-7/09, 10/14/09, AND 2/12/10).

    
    

    
    

• denotes critical violation Case Numb1>r: 2010010951 License Number: 5811658

FERRARA'S PIZZA & PASTA RESTAURANT

District: o4

Ucense Type: 2010

File Number: 201898

Docket for Case No: 11-001202