. State of Florida Department of Business and Professional! Regulation Division of Hotels and.Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . License Number 6207749 CAPTAINS PIZZA HOUSE & REST License Type 2010 Respondent. Case Number 2011021635 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CAPTAINS PIZZA HOUSE & REST, (“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 609, 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 324 MAIN ST, SAFETY HARBOR, FLORIDA 346953645. The mailing address of record is CAPTAINS PIZZA HOUSE & REST, at 324 MAIN ST, SAFETY HARBOR, FLORIDA 346953645. 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. oO 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 26, 2014 Daniéf Erdman, Deputy District Manager _ By delegation of the Director, or designee -nyrig 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: "& -NDERS. | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 71b0 3901 94848 4503 8328 hand served by me on this day of ___.iy : 2011. Received by: Inspector's Signature . Operator's Signature a Title Title Case Number: 2011021635 File Number: 140877 District Number: 03 License Number: 6207749 2010 Form revised 02.02.11 CAPTAINS PIZZA HOUSE & REST Filed February 27, 2012 3:40 PM Division of Administrative Hearings Exhibit A License Number: 6207749 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011021635 rn 4 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, Itis alleged that on May 17, 2010, July 22, 2010, October 19, 2010, January 27, 2011, April 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 folldWing:particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.03A-07-1 3-801.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; og, ys 7 OBSERVED POTENTIALLY HAZARDOUS FOOD:COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT, OBSERVED CHEESE HELD AT 60 DEGREES F ON 5/17/10, CHEESE HELD AT 61 DEGREES F ON 7/22/10, OBSERVED CHEESE HELD AT 48 DEGREES F AND SAUSAGE 49 DEGREES F ON 10/19/10. OBSERVED PIZZA TOPPINGS HELD AT 46 DEGREES F ON 1/27/11 AND OBSERVED CHEESE HELD AT 70 DEGREES F ON 4/18/11. * 2 0BA-20-1 3-306.11FC:; FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW ERUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER, SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS. SELF SERVICE BUFFET LACKING ADEQUATE,SNEEZE GUARDS OR OTHER PROPER PROTECTION FROM CONTAMINATION; SNEEZE GUARD:NOT.LONG, ENOUGH TO PROVIDE ADEQUATE PROTECTION TO ALL FOOD PRODUCTS;.OBSERVED 5/17/10, 7/22/10, 10/19/10 AND 4/48/11, 3, 14-37-1 4-801.12 FC:; CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. OBSERVED GROOVED/PITTED AND NO LONGER CLEANABLE CUTTING BOARD ON PIZZA LINE. 4, 15-34-1 4-501.11(A) AND (B) FC:: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT. COMPQNENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTAGT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS. OBSERVED DUCT TAPE OVER CRACKED PLASTIC ON DOUGH MIXER, OBSERVED 5/17/10, 7/22/10 AND 4/18/11. * denotes critical violation District: 03 Case Number: 2011021635 License Type: 2010 License Number: 6207749 in . File Number: 140877 CAPTAINS PIZZA HOUSE & REST Exhibit A “ 6A. 22-23-1 4-601.11(A) FC:; EQU CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. : OBSERVED OLD FOOD BUILD UP ON SLICER, OBSERVED 5/17/10, 7/22/10 AND 4/18/11. * 5B. 22-17-1 4-602.11(C) AND (D) FC:: (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS. (D) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF: (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS.ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE*CO ERS'ARE CLEANED WHEN THEY ARE EMPTY; (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND: (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY iN THE FOLLOWING CHART [TEMPERATURE/CLEANING FREQUENCY] THAT CORRESPONDS TO THE TEMPERATURE: [AT 41 DEGREES FAHRENHEIT OR LESS - 24 HOURS; GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS; GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16 HOURS; GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT. (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER C ER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME RO@D THATHS-AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS; (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DEL! FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3; (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES; (6) THE CLEANING SCHEDULE 1S APPROVED BASED ON CONSIDERATION OF: (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION Al HE POTENTIAL FOR THE RAPID AND PROGRESSIVE ; E iM @RGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE; OR (7) IN-USE UTENSILS-ARE INTERMITTENTLY STORED INA CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED OLD FOOD BUILDUP IN DOOR TRACKS OF SLIDING GLASS DOOR COOLER OPPOSITE MIXER, OBSERVED 8/17/10, 7/22/10 AND 4/18/11. MULTIPLICATION OF PATHOGENIC ORT OBSERVED INTERIOR OF ALL REACHIN REFRIGERATOR UNITS SOILED WITH ACCUMULATION OF FOOD RESIDE ON 1/27/11. * 50. 22-19-1 4-602.12 FC:: COOKING,AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING MENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS SECTION DOES NOT APPEYSTO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602.11(D)(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 OVEN SOILED WITH OLD FOOD DEBRIS. District: 03 License Type: 2010 File Number: 140877 * denotes critical violation Case Number: 2011021635 License Number: 6207749 CAPTAINS PIZZA HOUSE & REST

Docket for Case No: 12-000777