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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LITTLE CAESARS, 11-006402 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-006402 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LITTLE CAESARS
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Naples, Florida
Filed: Dec. 14, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 21, 2011.

Latest Update: Jan. 22, 2025
State of Florida ’ Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner; vs. : License Number. 21011714 LITTLE CAESARS License Type 2010 Respondent, Case Number 2010060509 , . Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LITTLE CAESARS, (“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 5337 AIRPORT RD, NAPLES, FLORIDA 34109.The mailing address of record is LITTLE CAESARS, at 5337 AIRPORT RD, NAPLES, FLORIDA 34109. 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 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 December 08, 2010 ) f= Claudia Ly Deputy 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: 7160390198455466 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of _- : , 2010, an Received by:_. . Inspector's Signature . . Operator's Signature Title | . Title * Case Number: 2010060509 — File Number: 108528 . District Number: 07 License Number: 2101171 2010 Form revised 10.04.10 LITTLE CAESARS . Filed December 14, 2011 3:11 PM Division of Administrative Hearings Exhibit A License Number: 2101171 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010060509 ; “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 alteged that on July 22, 2009, December 23, 2009, March 4, 2010, October 19, 201 0. 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, * 1,09-04-1 3-301.11(B) 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. OBSERVED EMPLOYEE HANDLING CHEESE AND PEPPERONI WITH BARE HANDS TO TOP PIZZA. REPEAT VIOLATION CITED ON STIPULATION CALLBACK INSPECTION DATED 10/19/10, * 2.12A-16-1 2-304.14 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 THAN 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 2-401.1 1(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 ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. OBSERVED EMPLOYEE NOT WASH HANDS BEFORE PUTTING ON A NEW PAIR OF GLOVES. REPEAT VIOLATION CITED ON STIPULATION CALLBACK INSPECTION DATED 10/19/10. Case Number: 2010060509 _ Fite Number: 108528 : District Number: 07 License Number: 2101171 2010 Form revised 10.04.10 LITTLE CAESARS

Docket for Case No: 11-006402
Issue Date Proceedings
Dec. 21, 2011 Order Closing File. CASE CLOSED.
Dec. 20, 2011 Notice of Voluntary Dismissal filed.
Dec. 15, 2011 Initial Order.
Dec. 14, 2011 Agency referral filed.
Dec. 14, 2011 Election of Rights filed.
Dec. 14, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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