Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: AARON HUME D/B/A TOMS NFL
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Feb. 17, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 24, 2014.
Latest Update: Sep. 23, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. - Case Number: 2014000257
HUME AARON License Number: 2319465
d/bla TOMS NEL. . License Type: 2010
‘ . File Number: 225619
Respondent.
, Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against HUME AARON d/b/a TOMS NFL,
(‘Respondent’), 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 20,166 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 5001 NW 36TH,
MIAMI, FLORIDA 33166.The mailing address of record is HUME AARON d/b/a TOMS NFL. at 5001 NW 36
ST, MIAMI, FLORIDA 33166.
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 January 03, 2014
Carlos Lezcano, District anager .
By delegation of the Diréctor, 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: 7160 3901 9848 6921 6417
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been °
hand served by me on this. day of __, 2014,
Recelved by:
Inspector's Signature Operator's Signature
Title Title
Distrlet Number: 01
Case Number: 2014000257 File Number 226619
Form revised 01.01.43
License Number: 2319485 2010
TOMS NFL
Exhibit A
License Number: 2319465
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2014000257
Itis alleged that on December 04, 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.
1.23-14-4 4-601.11(C)FC Basic: (C) Nonfood-contact surfaces of equipment shall be kept free of an
accumulation of dust, dirt, food residue, and other debris.
OBSERVED SHELF UNDER PREPARATION TABLE SOILED WITH FOOD DEBRIS. REPEAT VIOLATION
4/22/13.
2, 24-05-4 4-903.11(B) FC Basic: (8) Clean equipment and utensils shall be stored as specified under
Paragraph (A) of this section and shail be stored: (1) In a self-draining position that allows air drying; and (2)
Covered or inverted.
OBSERVED CLEAN GLASSES, CUPS, BOWLS, PLATES, POTS AND PANS NOT STORED INVERTED OR
IN A PROTECTED MANNER, REPEAT VIOLATION 4/22/13.
* 3.53B-13-4 509,049(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 foad 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 tralning program used.
OBSERVED PROOF OF REQUIRED STATE APPROVED EMPLOYEE TRAINING NOT AVAILABLE FOR
_ SOME EMPLOYEES, REPEAT VIOLATION 4/22/13.
District Number: 01
Case Number: 2014000257 File Number: 225619
Form revised 01.01.13
License Number: 2319465 2010
TOMS NFL
Docket for Case No: 14-000705