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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CARL'S MAIN ST RESTAURANT, 12-000704 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000704 Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CARL'S MAIN ST RESTAURANT
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Jacksonville, Florida
Filed: Feb. 20, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 22, 2012.

Latest Update: Dec. 25, 2024
12000704_375_02202012_03240051_e


State of Florida

Department of Business and Professional Regulation

Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

License Number

2612672

License Type

2010

Case Number

2011021415

VS.


CARL'S MAIN ST RESTAURANT

---------'

Respondent.


Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CARL'S MAIN ST 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 is 1748 N MAIN ST, JACKSONVILLE, FLORIDA 32206.The mailing address of record is CARL'S MAIN ST RESTAURANT, at 1748 N MAIN ST, JACKSONVILLE, FLORIDA 32206.

  3. Inspection of this establishment 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 violatlon(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 April 25, 2011


    , District Manager

    By delegatio f 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: 7160 3901 9849 0947 4708

    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                                                          ,2011.


    Received by:· ­

    Operator's Signature


    Title Tille



    Case Number: 2011021415 File Number: 118212

    License Number: 2612672 2010 CARL'S MAIN ST RESTAURANT


    District Number: 05

    Form revised 02.02.11


    Filed February 20, 2012 3:24 PM Division of Administrative Hearings


    Exhibit A


    License Number: 2612672

    License Type: 2010 PERMANENT FOOD SERVICE

    Case Number: 2011021415


    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.


      II is alleged that on February 2, 2011, April 13, 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. ·


    • 1. 05-09-1 4-204.112 FC:: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT.

    1. EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE.

      OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. REACH-IN COOLER.


      • 2. 22-19-1 4-602.12 FC:: COOKING AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENTSHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602.11(0)(6). (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE.

        OBSERVED INTERIOR OF MICROWAVE SOILED, REPEAT VIOLATION.


      • 3A. 32-16-1 6-301.12 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS: (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL: OR ·

    2. A HEATED-AIR HAND DRYING DEViCE.

    . OB'SERVED HANDWASH SINK LACKING PROPER HAND DRYING PROVISIONS. EMPLOYEE RESTROOM. REPEAT VIOLATION.



    • denotes critical-violation Case Number: 2011021415 License Number: 2612672

      CARL'S MAIN ST RESTAURANT


      District: 05

      License Type: 2010

      File Number: 118212

      L


      Exhibit A


      ' 3B. 32-17-1 6-301.11 FC:: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP.

      OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. EMPLOYEE RESTROOM.


  4. 37-10-1 61C-1.004(6) FAG:: (6)ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED ATTACHED EQUIPMENT SOILED WITH ACCUMULATED GREASE. AROUND STOVE/FRYERS.



    • denotes critical violation Case Number: 2011021415 License Number: 2612672

CARL'S MAIN ST RESTAURANT


District: 05

License Type: 2010

File Number: 118212


Docket for Case No: 12-000704
Issue Date Proceedings
Feb. 22, 2012 Order Closing File. CASE CLOSED.
Feb. 22, 2012 Notice of Voluntary Dismissal filed.
Feb. 21, 2012 Initial Order.
Feb. 20, 2012 Agency referral filed.
Feb. 20, 2012 Election of Rights filed.
Feb. 20, 2012 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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