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· State of Florida

Department of Business and Profassional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

GATHERING RESTAURANT (THE)

Respondent.

. I

License Number 6209494

License Type 2010

Case Number 2011011446

Administrative Complaint

The DEPARTMENT OF Bi.!SINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTl=LS AND

RE;3TAURANTS, ("Petitioner"), files this Administrative Complaint against GATHERING RESTAURANT (THE), ("Respondent"), and says:

1. Petitioner is the state agenoy charged with regulating the operation of public lodging establishments and ublic 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 14100 WALSINGHAM RD UNIT 7, LARGO, FLORIDA 337743248.The mailing address of record is GATHERING RESTAURANT (THE), at 14100 WALSINGHAM RD UNIT 7, LARGO, FLORIDA 337743248.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Stetutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable Jaw are described in Exhibit "A," attached hereto and Incorporated herein by reference. Inspection documents are attached as Exhibit 'B", incorporated herein by reference.

   y

   WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to 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 March 08, 2011/                    

   . l !t;--                             

   Joe Perez, DJstrl Manager ;;=

   By.delegation of the Director, or deslgnee

   Division of Hotels & Restaurants

   Department of Business & Professional Regulation

   COUNSEL FOR THE DEPARTMENT:

   Marc Drexler, Lead Attorney Florida Bar No. 0487058

   Department of 13uslness & Professional Regulation 1940 North Monroe Street

   Tallahassee, Florida 32399-2202

   Certificate of Service

   BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:

   
   

   Gert,if1iect Airt,icle 'Nu•rnber

   I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

   hand seived by me on this day of                            2011.

   
   

   
   

   Inspector's Signature

   Received by:. - ..,....-= '­

   Operator's Signature

   
   

   TIiie Tille

   
   

   cue Number.2011011448 FIio Number; 141166 License Numbor. 6209494 201O

   <3ATHERING RESTAUM NT (THE)

   DlstMct Number: 03

   Form revised 02.02.11

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   ·

   
   

   Exhibit A

   
   

   Lioense Number; 6209494

   License Type: 2010 PERMANENT FOOD SERVICE

   Case Number: 2011011446

   
   

   FC as cited herein references specific provisions of the Food Code, Recommendatlons 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 Gode, and 61C-1.004(5), Florida Administrative Gode.

   
   

   • denotes a critical violation.

     '' ,.,

     It is alleged that on May 11, 2010, Septemti tl 3, 201 , September 24, 2010, February 22, 2011 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($) of the report(s) for the above referenced lnspsctlon(s) are attached hereto and incorporated 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 SPE::CIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED 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 TEMPERATURI;: AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR

     REHEATED AS SPECIFIED IN PARAGRAPH 3,403.11(E) MAY BE HELD AT A TI::MPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT 'A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A) 41 DEGREES FAHRENHEIT OR LESS; . '

     OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. OBSERVED CHEESE AND POOLED EGGS HELD AT 49-51 DEGREES F, BUTTER AND ANCHOVIES 47-48 DEGREES FON 9123/10. OBSERVED BUTTER HELD AT 72 DEGREES F AND POOLED EGGS 49 DEGREES FON 2/22111.

     
     

   • 2A 22-19-1 4-602.12 FC:: COOKING AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS GLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602.11(0)(6). (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED·AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED c ft<IN,\.) ,RCl9,EiDURE.

     OBSERVED INTERIOR OF MICROWAVE;i.,9VEN SO.ILED, OBSERVED 9/23110 AND 2/22/11.

     
     

   • 2B. 22-23-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

     OBSERVED OLD, DRY FOOD DEBRIS BUILD UP ON SLICER, OBSERVED 9/23110 AND 2122111.

     
     

     3. 23-06-1 4-601.11(C) FC:: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE;:, AND OTHER DEBRIS. OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT ON SHELF OVER COOK LINE, OBSERVED 9/23/10 AND 2122111,

     .\ •A l·'. . '.·r

   • 4. 35B-04-1 B--202.15 FG:: OUTER OPENINGS, PROTE'CTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO

   • denotes critical violation Case Number: 2011011446 License Number; 6209494

GATHERING RESTAURANT (THE)

District: 03 License Type: 201O Fil" N rnber: 1 1189

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Exhibit A

AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSl=CTS AND RODENTS.

(C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR Of' A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS $HALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. -

OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION; OBSERVED GAPS AT BACK KITCHEN DOOR.

• 5. 53A-01-2 509.039 FSAND 61C-4.02. \J) ff,C,. ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED'['Fl-'IE FbOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE 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 fEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACflCES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINAflON SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVI: YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUl;;ST...

  MANAGER LACKING PROOF OF FOOD M_flJIIAG_!;R,CERTIFJvATION.

  . '' :I ·, ·.•, ,., ,:

  0

• 6. 538-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE i=OR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED

BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED ro FOOD HANDLER EMPLOYEES PRIOR TO THE EF'FECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS

REVIEW AND APPROVAL IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING-.IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPlOYEES UNDER THE LICENSEE'E,;'Slj!1j*ERiliS!()N,-OR CONTROL THE" LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFOR,M THIS FUNCTION AS AN AGENT OF THE" LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANf TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

NO pl'(OOF OF REQUIRED EMPLOYEE TRAINING.

• denotes critical violation Case Number: 2011011446 License Number: 6209494

GATHERING RESTAURANT (THE)

District: o

License Type: 2010

File Number: 141166

Docket for Case No: 11-002112