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State of Florid

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

GRILLSMITH

Respondent.

                                        ,!

License Number. 6215676

License Type 2010

Case Number 2010024835

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL RE:GULATION, DIVISION OF HOTELS AND

RE:STAURANTS, ("Petitioner"), files this Administrative Complaint against GRILLSMITH, ("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 2539 COUNTRYSIDE BLVD #6, CLEARWATER, FLORIDA 33761.The mailing address of record is GRILLSMITH, at 8810 TWIN LAKES BLVD, TAMPA, FLORIDA 33614.

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 entiy 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 17, 2ce              l'e,ez,

2 :;;;:n.a       s:::=:-=

0

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. 0487059

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Department of Business & Professional Regulation  -.                                . 1940 North Monroe Street

7

Tallahassee, Florida 32399-2202

3901 984! 6709 9357

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Certificate of Service       ilC-                     -.,

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: . . . _D • "., . II " o

I HEREBY CERTIFY that a true and correct copy of the fore t=i'lr'l'll'l- lAINT has been

hand served by me on this      day of                                                       ''2010

Received by:      ""7"'"= ­

Inspector's Signature

Operator's Signature

Title Title

Case Number: 2010024835 File N1..1mber; 178150 License Number; 621567S 2010

GRILLSMITH

District Number: 03

Form revised 10,15.09

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8504145749 DBPR OGA PAGE 04

Exhibit A

License Number: 5215676

License Type: 2010 PERMANENT FOOD SERVICE

Case Number; 2D1D024835

"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 February 18. 2010, April 28, 201a the licensee was in violation of Florida statute 509(FS) and/or the Rules of the Division of Holels 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 B.

• 1. 03A-07-1 3-501.18(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 {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(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;

OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT; OBSERVED FETA CHEESE COLD HELD AT 48 DEGREES F AND ALFREDO SAUCE AT 48 DEGREES FON 2/18/10 ANO FETA CHEESE AT 56 DEGREES F AND ALFREDO SAUCE AT 47 DEGREES FON 4/29/10.

2. 14-37-1 4-501.12 FC:: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED. OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED.

OBSERVED CUTTING BOARD GROOVED/PITTED ANO NO LONGER CLEANABLE.

• 3. 22-23-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH

  OBSERVED ENCRUSTED, SOILED MATERIAL ON SLICER. OBSERVED ENCRUSTED MATERIAL ON CAN OPENER.

  OBSERVED CUTTING BOARDS ENCRUSTED WITH GREASE AND/OR SOIL DEPOSITS.

  
  

• 4. 32-15-1 6-301.14 FC AND 61C-1.004(2)(C) FAC;: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES' AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES'.

  NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEE; EMPLOYEE

  RESTROOM.

  
  

  • 5. 418"03-1 7-102.11 FC:: COMMON NAME. WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUCH AS CLEANERS AND SANITIZERS TAKEN FROM BULK SUPPLIES SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH THE COMMON NAME OF THE MATERIAL.

  OBSERVED UNLABELED SPRAY BOTTLE.

  
  

  C••• Number: 2010024835 FIie Number: 178150

  License- Number: 62151:176 2:010

  GRILLSMITH

  District: Number; 03

  Form revised 10.15.09

  
  

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  8504145749 DBPR OGA PAGE 05

  
  

  6. 51-09-1 61C-1.002(5)(B) FAC:: (B) ANY CHANGES IN THE NUMBER OF SEATS PROVIDED WHICH MAY AFFECT THE LICENSE FEE, THE FLORIDA CLE;AN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR ANY OTHER SANITATION AND SAFETY REQUIREMENTS PROVIDE:D IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO THE DIVISION BY THE OPERATOR. ESTABLISHME:NT DID NOT REPORT SEATING CHANGE THAT AFFECTS THE LICl:NSE FEE, CLEAN INDOOR AIR ACT, FIRE SAFE:TY OR OTHER RE:LATED REQUIREMENTS; ESTABLISHMENT LICENSED FOR 298 SEATS, 337 SEATS OBSERVED.

  
  

• 7. 53A-20-1 509.039 FS:: ALL MANAGJ;;RS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRE::D TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TESi APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTE:CTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE; AND 61C-4.023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION.

  MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION AND NO ONE CERTIFIED AT THIS LOCATION.

  
  

  • 8. 538-08-1 509.049 FS: FOOO 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 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 iO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDE:R CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHJ;;D 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 FOOD 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.

NO PROOF OF REQUIRED EMPLOYEE TRAINING.

Ca!ie Number: 2010024835 FIie Number; 17B150 L1cen51;1 Nurnbcr: 6215676 2010

GRILLSMITH

District Number: 03

Form revised 10.15.09

Docket for Case No: 11-002772