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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

SALEM'S GYROS & SUBS

Respondent.

-------'

License Number 5105383

License Type 2010

Case Number ,2011030773

Administrative Complaint

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

RESTAURANTS, {"Petitioner"), files this Administrative Complaint against SALEM'S GYROS & SUBS, ("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 5p35 14TH ST W, BRADENTON, FLORIDA 34207.The mailing address of record is SALEM'S GYROS & SUBS, at 5635 14TH ST W, BRADENTON, FLORIDA 34207.

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-. Inspectiondocuments are attached as Exhibit "B", incorporated herein by reference.

WHEREFORE, Petitioner respectfully requests entry of an Order imposi·ng 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 June 17,.2011

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Claudia Fields, Deputy District Manager By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

Department of Business & Professional Regulation 1940 Nort·h Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71603901984911006416

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 Title

Case Number: 2011030773 File Number: 236716

License Number: 5105383 2010

SALEM'S GYROS & SUBS

District Number: 07

Form revised 02.02.11

Filed March 30, 2012 11:41 AM Division of Administrative Hearings

Exhibit A

License Number: 5105383

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011030773

"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 Admjnistrative 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 alleged that on February 2, 2011, April 6, 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. 05-08-1 4-302.12 FC:: FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. (B) A TEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT IS DESIGNED TO MEASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS.

  NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT.

  
  

  * 2A. 09-01-1 3-301.11(6) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NO:r 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 IMPROPER USE OF BOWUPLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD. SUGAR BIN. CALLBACK 4/6/11, OBSERVED EMPLOYEE SCOOP SALT AND SEASONINGS FROM LARGE BINS WITH SMALL PLASTIC CUPS. [NO HANDLE].

  
  

• 2B. 09-05-1 3-301.11(D) FC:: PREVENTING CONTAMINATION FROM HANDS. (D) FOOD EMPLOYEES' SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM.

  OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-TO-EAT. RICE BIN. CALLBACK 4/6/11, PLASTIC CUP INSIDE RICE, NO HANDLE.

  
  

• 3. 12B-03-1 2-401.11 FC:: EATING, DRINKING, OR USING TOBACCO. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE AND SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION CAN NOT RESULT. (B) A FOOD EMPLOYEE MAY DRINK FROM A CLOSED BEVERAGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1) THE EMPLOYEE'S HANDS; (2) THE CONTAINER; AND (3) EXPOSED FOOD; CLE.AN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES.

OBSERVED EMPLOYEE DRINKING FROM AN OPEN BEVERAGE CONTAINER IN A FOOD PREPARATION OR OTHER RESTRICTED AREA. COOKLINE CORRECTED ON SITE.

Case Number: 2011030773 File Number: 236716

License Number. 5105383 2010

SALEM'S GYROS & SUBS

District Number: 07

Form revised 02.02.11

                         -                                                                                                          

* 4. 22-24°1 4-602.11(E) FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY.24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINl;:S, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD.

OBSERVED BUILDUP OF SLIME ON ICE DISPENSING NOZZLES AT SELFSERVE.

Case Number: 2011030773 File Number: 236716

License Number: 5105383 2010

SALEM'S GYROS & SUBS

District Number: 07

Form rev·1sed 02.02.11

Docket for Case No: 12-001173