Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chaple, 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the est.iblishment. The violation(s) found and applicable law is described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B", incorporaled herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more of the following penalties: administrative fin·e not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuanl to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.
Signed May 14, 2010
Valerie Freeman, District Manager
By delegation of the Director, or designee Division of Hotels & Restaurants
Department of Business & Professional Re?gulatlon
COUNSEL FOR THE DEPARTMENT:
Marc Dre ler, Lead Attorney Florida Bar No. 0487058
Department of Business & Professional Regulation 1940 North Monro Strei;,t
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
Inspector's Slgnatute
day of , 2010.
Received by:. _
Operator's Signature
Title Title
C se Number; 2010D24289 Ffle Number: 22046
license t>/umber. 5852739 2014
CLAUDE; 880 SEST eso IN TOWN
District Number: 04
Farm revi9ed 10.15.09
Ma 31 2011 13:09
05/31/2011 13:54 8504145749 DBPR OGA PAGE 04
Exhibit A
License Number: 5852739
License Type: 2014 MOBILE FOOD DISPENSING VEHICLE
Case Number: 2010024289
FC s ctted herein references specific provisions of the Food Code, Recommendations of the Uniled 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 October 23, 2009, _October 24, 2009, October 30, 2009, April 30, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the □;vi sion 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 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 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(B) 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 10/23/09, POULTRY WAS 106 DEGREES FAHRENHEIT, RIBS WERE 109 DEGREES FAHRENHEIT, AND POULTRY WAS 79 DEGREES FAHRENHEIT. ON 10/24/09, POTATO SALAD WAS 65 DEGREES FAHRENHEIT. ON 10/30/09, RIBS WERE 79 DEGREES FAHRENHEIT, CHICKEN WAS 70 DlaGRE:iES FAHRENHEIT, POTATO SALAD WAS 75 DEGREES FAHRENHEIT, MACARONI AND CHEESE WAS 70
DEGREES FAHRENHEIT, AND CHICKEN WAS 116 DEGREES FAHRENHEIT. ON 4/30/10, POULTRY WAS 52 AND 55 DEGREES FAHRENHEIT, POTATO SALAD WAS 75 DEGREES FAHRENHEIT, AND RIBS WERE 52, 53, AND 55 DEGREES FAHRENHEIT.
3. 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'.
A HAND WASH SIGN WAS NOTPROVIDED AT THE HAND SINK. (OBSERVED 10/23/09, 10/30/09, ANO 4/30/10).
