Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: RC SUB SHOP
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Feb. 15, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 11, 2013.
Latest Update: Jan. 11, 2025
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
. License Number 2332698
RC SUB SHOP Respondent. License Type 2010
P Case Number 2012040695
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against RC SUB SHOP, (“Respondent”),
and says:
41. 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 12932 SW 120
STREET, MIAMI, FLORIDA 33186,.The mailing address of record is RC SUB SHOP, at 18125. NW 21
STREET, PEMBROKE PINES, FLORIDA 33029.
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: 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 September 26, 2012 SLE LE’
ne 7
Maurice Chi, 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
Tallahassee, Florida 32399-2202
Certificate of Service
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7496 9008 9111 1440 4243
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2012.
Received by:
Inspector's Signature Operator's Signature
Title ‘ . Title
Case Number: 2012040695 File Number: 236987 District Number: 01
License Number: 2332698 2010 Form revised 09.10.11
RC SUB SHOP
Exhibit A
License Number: 2332698
License Type: 2010 PERMANENT FOOD SERVICE
“Case Number; 2012040695
“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 July 3, 2012, and September 10, 2012, the licensee was in violation of Florida Statute
509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (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.
* 4,27-16-1 5-202.12(A) AND (B) FC::, HANDWASHING FACILITY, INSTALLATION. (A) A
HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT
LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A
STEAM MIXING VALVE MAY NOT BE USED ATA HANDWASHING LAVATORY.
OBSERVED HOT WATER NOT PROVIDED/SHUT OFF AT EMPLOYEE HAND WASH SINK (FRONT
COUNTER).
* 2,.53B-08-1 509.049FS: 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 CHOSEN 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
ACERTIFIED 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 3 YEARS. ALL PUBLIC FOOD SERVICE
ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON
REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE
ESTABLISHMENT.
OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.
Case Number: 2012040695 _ File Number: 236987 . + District Number: 01
License Number. 2332698 2010 Form revised 09.10.11
RC SUB SHOP
Docket for Case No: 13-000586
Issue Date |
Proceedings |
Mar. 11, 2013 |
Order Closing File and Relinquishing Jurisdiction without Prejudice. CASE CLOSED.
|
Mar. 05, 2013 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 26, 2013 |
Notice of Hearing by Video Teleconference (hearing set for March 22, 2013; 9:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 19, 2013 |
Response to Initial Order filed.
|
Feb. 15, 2013 |
Initial Order.
|
Feb. 15, 2013 |
Election of Rights filed.
|
Feb. 15, 2013 |
Administrative Complaint filed.
|
Feb. 15, 2013 |
Agency referral filed.
|