State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

SANDS POINTE

---------'

Respondent.

License Number 6801852

License Type 2010

Case Number 2011042729

Administrative Complaint

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

RESTAURANTS, {"Petitioner"), files this Administrative Complaint against SANDS POINTE, ("Respondent''), and sa s:

1. Petitioner is the state agency charged with regulating the operation of public lodging establishments an9 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 220 SANDS POINT

   - RD, LONGBOAT KEY, FLORIDA 342283910.The mailing address of record is SANDS POINTE, at PO BOX 15000, LONGBOAT KEY, FLORIDA 34228.

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: a,dministrative 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 August 29, 2011

Claudia Fields, 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

T allahassee, Florida 32399-2202

Certificate of Service

BY- CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71603901984911007345

I HE EBY 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                                                      ,201 1.

Received by:                                                            Operator's Signature

Title Title

Case Number: 2011042729 File Number: 146531

License Number: 6801852 2010 SANDS POINTE

District Number: 07

Form revised 02.02.11

Filed May 29, 2012 12:02 PM Division of Administrative Hearings

Exhibit A

License Number: 6801852

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011042729

"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 alleged that on May 1_9_, 2011, August 18,.2011 the licensee was in violation of Florida Statute 509(FS)

particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.

• 1. 12A-22-1 61C-4.010(1)(D) FAC AND 3-301.11(B) FC:: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES' MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (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 FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. ALSO, OBSERVED CHEF SLICING BREAD LOAF AND PUTTING BREAD SLICES ON TRAYWITH BARE HANDS. REPEAT VIOLATIONS CITED ON INSPECTION DATED 5/19/11, WAS COMPLIED ON CALLBAK INSPECTION DATED 5/20/11,

Case Number: 2011042729 File Number.146531

License Number: 6801852 2010

SANDS POINTE

District Number: 07

Form revised 02.02.11

Docket for Case No: 12-001932