State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, \ License Number 2100655 JOE'S DINER R dent License Type 2010 spon ha Case Number 2010044203 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against JOE'S DINER, (“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 20.1165 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 9331 N TAMIAMI TR, NAPLES, FLORIDA 34108.The mailing address of record ig JOE'S DINER, at 9331 N TAMIAMI TR, NAPLES, FLORIDA 34108. : 3. Inspection of this establishment conducted pursuant to Sec.1509.032, 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 is 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 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 September 03, 2010 4 : Claudia Fields Deplty District Manager 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. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010. Received by; Inspector's Signature Operator's Signature Title Title Case Number: 2010044203 File Number: 108406 District Number: 07 License Number: 2100655 2010 Form revised 10.15.09 JOE'S DINER Filed September 12, 2011 3:41 PM Division of Administrative Hearings Exhibit A License Number:.2100655 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010044203 “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 Gode. “*” denotes a critical violation. itis alleged that on March 15, 2010, March 16, 2010, July 29, 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 as Exhibit B. * 4A. 12A-03-1 2-301.15 FC::, WHERE TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS IN A HANDWASHING LAVATORY OR APPROVED AUTOMATIC HANDWASHING FACILITY AND MAY NOT CLEAN THEIR HANDS IN A SINK USED FOR FOOD PREPARATION OR WAREWASHING, OR INA ’ SERVICE SINK OR A CURBED CLEANING FACILITY USED FOR THE DISPOSAL OF MOP WATER AND SIMILAR LIQUID WASTE. OBSERVED FOOD EMPLOYEE (COOK, DISHWASHER, WAIT STAFF, ETC.) WASHING HANDS IN A SINK OTHER THAN AN APPROVED HAND WASH SINK (DISHWASHER). REPEAT VIOLATION CITED ON INSPECTION DATED 3/15/10, 3/16/10 AND ON STIP CALLBACK INSPECTION DATED 7/29/10, * 1B, 12A-13-1 2-301.14 FC:: WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED|UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND.SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER ITHAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM, (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B), (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED EMPLOYEE HANDLING SOILED EQUIPMENT OR UTENSILS THEN ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE- SERVICE ITEMS, WITHOUT WASHING HANDS (DISHWASHER). REPEAT. VIOLATION CITED ON INSPECTION DATED 3/15/10, 3/16/10 AND ON STIP CALLBACK INSPECTION DATED 7/29/40. Case Number: 2010044203 — File Number: 108406 District Number: 07 License Number: 2100655 2010 Form revised 10.15.09 JOE'S DINER * 10, 12A-18-1 2-301.12 FC:: CLEANING PROCEDURE. (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL CLEAN T| (A) EXCEPT AS SPECIFIED IN PARAGRAPH HEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS (OR SURROGATE PROSTHETIC DEVICES FOR HANDS OR ARMS) FOR AT LEAST 20 SECONDS, USING A CLEANING COMPOUND IN A LAVATOR UNDER SECTION 5-202.12.(B) FOOD EMPLOYEES’ SHALL 'Y THAT tS EQUIPPED AS SPECIFIED USE THE FOLLOWING CLEANING PROCEDURE: (1) VIGOROUS FRICTION ON THE SURFACES OF THE LATHERED FINGERS, FINGER TIPS, AREAS BETWEEN THE FINGERS, HANDS AND ARMS (OR BY VIGOROUSLY RUBBING THE SURROGATE PROSTHETIC DEVICES FOR HANDS OR ARMS) FOR AT LEAST 10 TO 15 SECONDS, FOLLOWED BY; (2) THOROUGH RINSING UNDER CLEAN, RUNNING WARM WATER; AND (3) IMMEDIATELY FOLLOW THE CLEANING PROCEDURE wit THOROUGH DRYING OF CLEANED HANDS AND ARMS (OR SURROGATE PROSTHETIC DEVICES) USING A METHOD AS SPECIFIED UNDER SECTION 6-301.12, (C) FOOD EMPLOYEES' SHALL P. AY PARTICULAR ATTENTION TO THE AREAS UNDERNEATH THE FINGERNAILS DURING THE CLEANING PROCEDURE, (D) IF APPROVED AND CAPABLE OF REMOVING THE TYPES OF SOILS ENCO| INVOLVED, AN AUTOMATIC HANDWASHING FACILITY MAY CLEAN THEIR HANDS. OBSERVED EMPLOYEE DRY HANDS ON CLOTHES/APRON UNTERED IN THE FOOD OPERATIONS BE USED BY FOOD EMPLOYEES TO AFTER WASHING (DISHWASHER). REPEAT VIOLATION CITED ON INSPECTION DATED 3/15/10, 3/46/10 AND ON STIP CALLBACK INSPECTION DATED 7/29/10. * 4D. 12A-20-1 2-301.12 FC:; CLEANING PROCEDURE. (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL CLEAN 7| OF THEIR ARMS (OR SURROGATE PROSTHETIC DEVICES (A) EXCEPT AS SPECIFIED IN PARAGRAPH HEIR HANDS AND EXPOSED PORTIONS FOR HANDS OR ARMS) FOR AT LEAST 20 SECONDS, USING A CLEANING COMPOUND IN A LAVATORY THAT IS EQUIPPED AS SPECIFIED UNDER SECTION 5-202.12.(B) FOOD EMPLOYEES' SHALL U PROCEDURE: (1) VIGOROUS FRICTION ON THE SURFACE: TIPS, AREAS BETWEEN THE FINGERS, HANDS AND ARMS SURROGATE PROSTHETIC DEVICES FOR HANDS OR ARM FOLLOWED BY; (2) THOROUGH RINSING UNDER CLEAN, IMMEDIATELY FOLLOW THE CLEANING PROCEDURE WIT HANDS AND ARMS (OR SURROGATE PROSTHETIC DEVIC UNDER SECTION 6-301.12. (C) FOOD EMPLOYEES' SHALL SE THE FOLLOWING CLEANING. SS OF THE LATHERED FINGERS, FINGER (OR BY VIGOROUSLY RUBBING THE ) FOR AT LEAST 10 TO 15 SECONDS, UNNING WARM WATER; AND (3) THOROUGH DRYING OF CLEANED S) USING A METHOD AS SPECIFIED PAY PARTICULAR ATTENTION TO THE AREAS UNDERNEATH THE FINGERNAILS DURING THE CLEANING PROCEDURE. (D) IF APPROVED AND CAPABLE OF REMOVING THE TYPES OF SOILS ENCOUNTERED IN THE FOOD OPERATIONS INVOLVED, AN AUTOMATIC HANDWASHING FACILITY MAY| CLEAN THEIR HANDS. BE USED BY FOOD EMPLOYEES TO OBSERVED EMPLOYEE WASH HANDS WITH NO SOAP (DISHWASHER). REPEAT VIOLATION CITED ON INSPECTION DATED 3/15/10, 3/16/10 AND ON STIP CALI Case Number: 2010044203 File Number: 108406 License Number: 2100655 2010 JOE'S DINER LBACK INSPECTION DATED 7/29/10. District Number: 07 Form revised 10.15.09

Docket for Case No: 11-004569