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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs DUNKIN DONUTS/BASKIN ROBBINS, 14-000508 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000508 Visitors: 13
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DUNKIN DONUTS/BASKIN ROBBINS
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Sebastian, Florida
Filed: Jan. 30, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 25, 2014.

Latest Update: Jun. 17, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 1505756 DUNKIN DONUTS/BASKIN ROBBINS License Type 2010 Respondent. Case Number 2013048567 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DUNKIN DONUTS/BASKIN ROBBINS, (“Respondeni’), and says: : 4. 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, Fiorida 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 4640 W EAU GALLIE BLVD, MELBOURNE, FLORIDA. 32935.The mailing address of record is DUNKIN DONUTS/BASKIN ROBBINS, at 4640 W EAU GALLIE BLVD, MELBOURNE, FLORIDA 32935. 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 December 03, 2013 Valerie Freeman, 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: 7196 9008 9111 2032 0056 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2013. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013048567 — File Number: 202505 District Number: 04 License Number: 1505756 2010 Form revised 01.04.13 DUNKIN DONUTS/BASKIN ROBBINS Exhibit A License Number: 1505756 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013048567 It is alleged that on August 09, 2013, October 11, 2013 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 high priority violation. * denotes an intermediate priority violation. * 4.31A-11-4 5-205.11(B) FC Intermediate: (B) Using a Handwashing Facility. A handwashing sink may not be used for purposes other than handwashing. The handwash sink next to the office was used for purposes other than handwashing. 2.36-41-4 6-501.12(A) FC Basic: (A) Physical facilities shall be cleaned as often as necessary to keep them clean. The fan cover in the walk-in cooler had an accumulation of dust/debris. * 3.53B-01-4 509.049(5) FS . Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees 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. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. No proof of required state approved employee training was provided for any employees. Case Number: 2013048567 File Number: 202505 District Number: 04 License Number: 1505756 2010 Form revised 01.01.13 DUNKIN DONUTS/BASKIN ROBBINS

Docket for Case No: 14-000508
Source:  Florida - Division of Administrative Hearings

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