Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CAJUN KITCHEN
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jan. 30, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 8, 2012.
Latest Update: Nov. 17, 2024
12000435_375_01302012_03063971_e
State of Florida
Department of Business and Professional Regulation Division of Hotels and Restaurants
DEPARTMENT OF BUS!NESS AND PROFESSIONAL REGULAT!ON
Petitioner,
vs.
CAJUN KITCHEN
Respondent.
I
License Number 3916820
License Type 2010
Case Number 2011010091
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner''), files this Adtrii_nistrative Complaint against CAJUN KITCHEN, ("Respondent"), and says:
Petitioner is the state agency charged with regulating the operatlon 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 Is 2139 W MAIN ST, TAMPA, FLORIDA 33607.The mailing address of record is CAJUN KITCHEN, at 2139 W MAIN ST, TAMPA, FLORIDA 33607.
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 violatiQn(s);(ound and 1;1pplicable law are described in Exhibit "A," attached hereto and incorporated herein by refere11ce. 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
rules promulgated thereto. -P
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the Signed February 28, 2e:= v--J
Joe Perez, District Man'ager -=--...:::::::.._
By <;letegatlon of the Director, or designee
...·!'ii i, OJ,vision of.l;lotels & Restaurants
Department of Business & Professional Regulation
COUNSELFORTHEDEPARTMEN
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:
716□ 39□1 9848 9503 7598
I HEREBY CERTIFY that a true and correct_ p.PY ot,;th , foregoin_g ADMINISTRATIVE COMPLAINT has been
hand served by me on this
day of · ·· : .·..
. ·· , 2011. ·
Received by: _
Inspector's Signature Operator's Signature
Title Title
Case Number: 2011010091 File Number: 239939 District Number: 03
License Number: 3916820 201O Form revised 02.02.11
CAJUN KITCHEN
Filed January 30, 2012 3:06 PM Division of Administrative Hearings
Exhibit A
License Number: 3916820
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2011010091
"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 P'revention, General Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.
"•" denotes a critical violation.
It is alleged that on December 14, 2010, February 18, 2011 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.
NO CHEMICAL TEST KIT PROVIDED WHEN USiNG CHEMICAL SANITIZER AT THREE COMPARTMENT SINK/WAREWASHING MACHINE.
* 2. 53A-20-2 509.039 FS ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER) TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED C,E)HIFIQA.TION EX MINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WI-JICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE; AND 61C-4.023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST...
MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION AND NO ONE CERTIFIED AT THIS
LOCATION.
Case Number: 2011010091 File Number: 239939
License Number: 3916820 2010
CAJUN KITCHEN
District Number: 03
Form revised 02.02.11
' 3. 538-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER dHBSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3YEARS. .';
NO PROOF OF REQUIRED EMPLOYEE TRAINING..
' .
. '', ·.,
"':Tr!'
Case Number: 2011010091 File Number: 239939
License Number: 3916820 2010
CAJUN KITCHEN
District Number: 03
Form revised 02.02.11
Docket for Case No: 12-000435
