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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

COTTEN'S BAR B QUE

Respondent.

------- '

License Number. 2600252

License Type 2010

Case Number 2010023369

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against COTTEN'S BARB QUE, ("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 2623 MAIN ST, JACKSONVILLE, FLORIDA 322062945.The mailing address of record is COTTEN'S BARB QUE, at PO BOX 47437, JACKSONVILLE, FLORIQA 32247.

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 "B", incorporated herein by reference.

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 May 1o, 201o

Michelle aynes, District Maager

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 8191 3622

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

hand served by me on this     

Inspector's Signature

day of                                                          ,2010.

Received by.:                                                            _ Operator's Signature

TIiie Tille

Caso Number: 2010023369 File Number: 11622.!

License Number: 280025 2010

COTTEN'S aAR B QUE

District Number: OS

Form revised 10.15.09

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Exhibit A

License Number: 2600252

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: .2010023369

FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Publi Health Service, Food and Drug Admlnistralion, 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 al 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 February 2, 2010, April 16, 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 6.

  
  

  1. 14-32-1 4-101.19 FC:: WOOD, USE LIMITATION. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B}, (C}, AND (D) OF THIS SECTION, WOOD AND WOOD WICKER MAY NOT BE USED AS A FOOD­ CONTACT SURFACE. (8) HARD MAPLE OR AN EQUIVALENTLY HARD, CLOSE-GRAINED WOOD MAY BE USED FOR (1) CUTTING BOARDS: CUTTING BLOCKS: BAKERS' TABLES: AND UTENSILS SUCH AS ROLLING PINS, DOUGHNUT DOWELS, SALAD BOWLS, AND CHOPSTICKS; AND(;!) WOODEN PADDLES USED IN CONFECTIONERY OPERATIONS FOR PRESSURE SCRAPING KETTLES WHEN MANUALLY PREPARING CONFECTIONS AT A TEMPERATURE OF 230 DEGREES FAHRENHEIT OR ABOVE. (C) WHOLE, UNCUT, RAW FRUITS AND VEGETABLES, AND NUTS IN THE SHELL MAY BE KEPT IN THE WOOD SHIPPING CONTAINERS IN WHICH THEY WERE RECEIVED, UNTIL THE FRUITS, VEGETABLES, OR NUTS ARE USED. (DJ IF THE NATURE OF THE FOOD REQUIRES REMOVAL OF

     RINDS, PEELS, HUSKS, OR SHELLS BEFORE CONSUMPTION, THE WHOLE, UNCUT, RAW FOOD MAY BE KEPT IN: (1) UNTREATED WOOD CONTAINERS; OR (2) TREATED WOOD CONTAINERS IF THE CONTAINERS ARE TREATED WITH A PRESERVATIVE THAT MEETS THE REQUIREMENTS SPECIFIED IN 21 CFR 178.3800 PRESERVATIVES FOR WOOD.

     OBSERVED ESTABLISHMENT USING WOOD (OTHER THAN A HARD, CLOSE GRAIN WOOD) AS A FOOD CONTACT SURFACE. BUTCHER BLOCK"

     
     

  2. 26-02-1 4·502.13(A) FC:: (A) SINGLE-SERVICE ARTICLES MAY NOT BE REUSED. OBSERVED REUSE OF SINGLE SERVICE ARTICLES. ALUMINUM PANS.

     
     

  3. 38-07-1 6-202.11 FC:: LIGHT BULBS. PROTECTIVE SHIELDING, (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE Of' BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE 'PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED, .

  OBSERVED LIGHTS MISSING PROPER SHIELD, SLEEVE COATING OR COVERS. AT FRY STATION.

  
  

  • 4. 41A-02-1 7-201.11 FC:: SEPARATION. POISONOUS OR TOXIC MATERIALS SHALL BE STORED SO THEY CAN NOT CONTAMINATE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES BY: (A) SEPARATING THE POISONOus·oR TOXIC MATERIALS BY SPACING OR PARTITIONING; AND (B) LOCATING THE POISONOUS OR TOXIC MATERIALS IN AN AREA

• denotes critical violation Case Number: 2010023369 License Number: 2600252 COTTEN'S BARB QUE

  District 05

  License Type: 2010

  Fili;, Number: 116222

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  Exhibit A

  
  

  THAT 1$ NOT ABOVE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE OR SINGLE-USE ARTICLES. THIS PARAGRAPH DOES NOT APPLY TO EQUIPMENT AND UTENSIL CLEANERS AND SANITIZERS THAT ARE STORED IN WAREWASHING AREAS FOR AVAILABILITY AND CONVENIENCE IF THE MATERIALS ARE STORED TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS. LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES.

  OBSERVED TOXIC ITEMS STORED BY FOOD. ON SHELF IN THE K11CHEN (DRAIN CLEANER).

  
  

  • 5. 53B-08-1 509.049 FS: FOOD SERVICE laMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULe, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR 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 TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE 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'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED F'OOD SERVICE MANAGER TO PERFORM 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 PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

    OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.

    
    

  • denotes critical violation Case Number: 2010023369 llcen$e Number: 2600252 COTTEN'$ BARB QUE

District: 05 License Type: 201O File Number: 116222

Docket for Case No: 11-002740