Elawyers Elawyers
Ohio| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GOLF COURSE SNK BAR, 13-000764 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000764 Visitors: 16
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GOLF COURSE SNK BAR
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Palatka, Florida
Filed: Feb. 28, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 10, 2013.

Latest Update: Jun. 01, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. GOLF COURSE SNK BAR License Number 6400068 Respondent Case Number 2012047881. Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against GOLF COURSE SNK BAR, ("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 1716 MOSELEY AVE, PALATKA, FLORIDA 321775921.The mailing address of record is GOLF COURSE SNK BAR, at 201 N 2ND ST,-PALATKA, FLORIDA 321773735. 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 November 18, 2012 Michelle Hayngs, District Manager ~ By delegatibe’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: 7196 9008 9111 5024 9679 | 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: 2012047881 File Number: 144819 District Number: 05 License Number: 6400068 2010 . Form revised 11.11.12 GOLF COURSE SNK BAR Exhibit A License Number: 6400068 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012047881 It is alleged that on July 31, 2012, October 25, 2012 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific —————provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug . Administration, as incorporated by Chapter 61C, 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. "*" denotes a critical violation. * 4A. 22-20-1 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 lines, 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 build-up of slime in the interior of the ice machine. Repeat violation. * 4B, 22-24-1 4-602.11(E) FC:: (E) Except when dry cleaning methods are used as specifi ied 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 lines, 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 mofd. Observed build-up of slime on soda dispensing nozzles. Near walk-in cooler and behind the bar. * 2,53A-01-2 509.039 FS and 61C-4.023(1) FAC All managers employed by a food service establishment must have passed [the food service manager] test and received a certificate attesting thereto. Managers have a period of 30 days after employment to pass the required test. All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted in this chapter. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. Alt public food service establishments must provide the division with proof of food service manager certification upon request... Observed manager tacking proof of food manager certification. "Case Number: 2012047881 File Number: 144819 : District Number: 05 License Number: 6400068 2010 Form revised 11.11.12 GOLF COURSE SNK BAR * 3.53B-08-1 509.049 FS: 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 r the ofective 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 a _________—tentified food service manager to perform this function as an agent of the licensee. Food service empioy ees must recéive 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 food safety training provided. Case Number: 2012047881 File Number: 144819 District Number: 05 Licanse Number: 6400068 2010 Form revised 11.11.12 GOLF COURSE SNK BAR

Docket for Case No: 13-000764
Issue Date Proceedings
Apr. 16, 2013 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits numbered 1-3, along with Official Recognition documents, to the agency.
Apr. 10, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 10, 2013 Joint Motion to Relinquish Jurisdiction filed.
Apr. 09, 2013 CASE STATUS: Hearing Held.
Apr. 04, 2013 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 02, 2013 Petitioner's Witness List filed.
Apr. 02, 2013 Petitioner's (Proposed) Exhibit List filed.
Apr. 02, 2013 Transmittal Letter filed.
Mar. 11, 2013 Order of Pre-hearing Instructions.
Mar. 11, 2013 Notice of Hearing (hearing set for April 9, 2013; 10:30 a.m.; Palatka, FL).
Mar. 11, 2013 Order (enclosing rules regarding qualified representatives).
Mar. 05, 2013 Response to Initial Order filed.
Feb. 28, 2013 Initial Order.
Feb. 28, 2013 Election of Rights filed.
Feb. 28, 2013 Administrative Complaint filed.
Feb. 28, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer