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05/31/2011 13:49 8504145749 DBPR OGA PAGE 03

Stain of Florida

Department of ausiness and Professional Regulatlon Division of Hotels and Restaurants

DE:PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs,

BURRITO RANCH (THE)

Respondent.

/

License Number. 1505810

License Type 201O

Case Number 2010025148

Administrative complaint

The DEPARTMENT OF BUSINESS AND PROFE$SIONAl Rf;GULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against BURRITO RANCH (THE), ("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 609, 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 2 5 AVE, ·

   INDIALANTIC, FLORIDA 32903.The mailing address of record is BURRITO RANCH (THE), at 3006 SAN FILIPPO DRIVE SE, PALM BAY, FLORIDA 32909. .

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 violatlon(s) found and applicable law are descril>ed 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·18, 2010

Valerie Freeman, District Manager

By delegation of the Direotor, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No, 0467058

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:                                   

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

hand served by me on this day of                                                  2010.

Inspector's Signature

Received by:·------' ~

Operator's Signature

Title Title

C;ise N1.1mber. 2010025146 FIie- Number: 237939

Lio.sns£> Number: 1.505810 .2010

BURRITO RANCH (THE)

District Number; 04

Form ravl M 10.15.09

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05/31/2011 13:49 8504145749 DBPR OGA PAGE 04

Exhibit A

License Number; 1505810

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010025148

FC as ciled 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 LWe 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,

as

It is alleged that on May 3, 2010, May 6, 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 Exhibit 8.

• 1·. 01S-16·1 IJ1C-4.010(2) FAC:: (2) EXAMINATION AND CONDEMNATION OF FOOD·· FOOD MAY BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S. 509.032(4), FS.

  AND

  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 SPECIFIED IN PARAGRAPH (8) 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(8) 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:

  
  

  1. A STOP SALE WAS ISSUED FOR POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABUSE,

     
     

  2. ON 5/2/10, SOUR CREAM WAS 52 DEGREES FAHRENHEIT, CHEESI!' WAS 53 DEGREES FAHRENHEIT, AND GUACAMOLE WAS 54 DEGREES FAHRENHEIT, ON 516/10, SOUR CREAM WAS 65 DEGREES FAHRENHEIT, AND CHEESE WAS 64 DEGREES FAHRENHEIT.

  
  

• 2. 04-01-1 4-301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL SE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3.

THE COLD HOLDING EQUIPMENT WAS NOT MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURE.

• denotes critical violation Case Number: 2010025148 License Number: 1505810 BURRITO RANCH (THE)

oistrict: o•

License Type; 2010

File Number: 237939

Docket for Case No: 11-002771