State of Florida
Department of Business and Professional Regulation Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Petitioner,
vs.
GOLDEN KRUST CARIBBEAN GRILL & RESMrti&imAe Number. 1622030
...... . Resp o nd7"t. ..
Type 2010
Case Number. 2010036346
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"), files this Administrative Complaint against GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT, '('!Respondent''), and says:
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.
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 ls 6268 W SAMPLE RD STE 407, CORAL SPRINGS, FLORIDA 33067.The mailing address of record is GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT, at 6288 NW 42 CT, CORAL SPRINGS, FLORIDA 33067.·
Inspection of this establlshment conducted pursuant to Sec. 509.032, Florida Statutes, 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 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 penaltie:s 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 August 03, 2010
By delegation of the Direct , des1gnee 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
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 Signature
day of _.2010.
Received by: _ Operator's Signature
Title Title
Case Number: 2010036346 File Number: 217101
License Number: 1622030 2010
GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT
District Number: 02
Form revised 10.15.09
Filed August 1, 2011 4:24 PM Division of Administrative Hearings
Exhibit A
License Number: 1622030
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010036346
"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 July 6, 2010, December 7, 2009, July 14, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants,. Florida Administrative Code (FAG), 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. 0BA-24-1 3-302.11(A)(2) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION. (2) EXCEPT WHEN COMBINED AS INGREDIENTS, SEPARATING TYPES OF RAW ANIMAL FOODS FROM EACH OTHER SUCH AS BEEF, FISH, LAMB, PORK, AND POULTRY DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY BY: (A) USING SEPARATE EQUIPMENT FOR EACH TYPE, OR (B) ARRANGING EACH TYPE OF FOOD IN EQUIPMENT SO THAT CROSS CONTAMINATION OF ONE TYPE WITH ANOTHER IS PREVENTED, AND (C) PREPARING EACH TYPE OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS;
2. 09-04-1 3-301.11(6) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT.
3. 22-28-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.
42-03-1 6-501.16 FC:: DRYING MOPS. AFTER USE, MOPS SHALL BE PLACED IN A POSITION THAT ALLOWS THEM TO AIR-DRY WITHOUT SOILING WALLS, EQUIPMENT, OR SUPPLIES. OBSERVED WET MOP NOT HUNG TO DRY.
5. 53A-09-1 61C-4.023(1) FAG:: (1) WHEN FOUR OR MORE EMPLOYEES', AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD
Case Number: 2010036346 File Number: 217101
License Number: 1622030 2010
GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT
District Number: 02
Form revised 10.15.09
PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS.
OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH FOUR OR MORE
Case Number: 2010036346 File Number: 217101
License Number: 1622030 2010
GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT
District Number: 02
Form revised 10.15.09
Issue Date | Proceedings |
---|---|
Sep. 12, 2011 | Order Closing File. CASE CLOSED. |
Sep. 12, 2011 | Joint Motion to Relinquish Jurisdiction filed. |
Aug. 29, 2011 | Order Granting Continuance (parties to advise status by September 8, 2011). |
Aug. 24, 2011 | Motion for Continuance and Change of Hearing Date for Good Cause filed. |
Aug. 09, 2011 | Order of Pre-hearing Instructions. |
Aug. 09, 2011 | Notice of Hearing by Video Teleconference (hearing set for September 30, 2011; 1:30 p.m.; Lauderdale Lakes and Tallahassee, FL). |
Aug. 09, 2011 | Order Denying Motion to Dismissal. |
Aug. 08, 2011 | Response to Initial Order filed. |
Aug. 08, 2011 | Response to Initial Order filed. |
Aug. 02, 2011 | Initial Order. |
Aug. 01, 2011 | Agency referral filed. |
Aug. 01, 2011 | Election of Rights filed. |
Aug. 01, 2011 | Administrative Complaint filed. |