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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GOLDEN KRUST CARIBBEAN GRILL AND RESTAURANT, 11-003868 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-003868 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GOLDEN KRUST CARIBBEAN GRILL AND RESTAURANT
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Aug. 01, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 12, 2011.

Latest Update: Jan. 10, 2025
11003868_375_08012011_04241386_e


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

Administrative Complaint

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:

  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 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.·

  3. 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.


    uc./(

    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

    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 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;

    OBSERVED RAW ANIMAL FOODS NOT PROPERLY SEPARATED FROM EACH OTHER IN HOLDING UNIT/DURING PREPARATION: RAW CHICKEN AND BEEF STORED TOGETHER IN REACH-IN COOLER.


    • 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.

      OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT.


    • 3. 22-28-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

      1. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE: INSIDE BOTTOM OF REACH-IN FREEZER.

      2. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE: INSIDE BOTTOM OF TRAULSEN REACH-IN COOLER IS COVERED IN BLOOD.


  4. 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

EMPLOYEES ENGAGED IN FOOD PREPARATION.


Case Number: 2010036346 File Number: 217101

License Number: 1622030 2010

GOLDEN KRUST CARIBBEAN GRILL & RESTAURANT

District Number: 02

Form revised 10.15.09


Docket for Case No: 11-003868
Source:  Florida - Division of Administrative Hearings

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