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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs BRAZIL ORIGINAL OF S FLA CORP D/B/A BRAZIL ORIGINAL, 14-000706 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000706 Visitors: 11
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: BRAZIL ORIGINAL OF S FLA CORP D/B/A BRAZIL ORIGINAL
Judges: MARY LI CREASY
Agency: Department of Business and Professional Regulation
Locations: Pompano Beach, Florida
Filed: Feb. 17, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 25, 2014.

Latest Update: Jun. 15, 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: 2014000537 BRAZIL ORIGINAL OF S FLA CORP rieense Mumber: 1616215 d/b/a BRAZIL ORIGINAL, File Nun pee 104189 Respondent. & Number: / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BRAZIL ORIGINAL OF S FLA CORP d/b/a BRAZIL ORIGINAL, (“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 3937 N FEDERAL HWY, POMPANO BEACH, FLORIDA 33064-6042.The mailing address of record is BRAZIL ORIGINAL OF S FLA CORP d/b/a BRAZIL ORIGINAL at 3937 N FEDERAL HWY, POMPANO BEACH, FLORIDA 33064- 6042. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Siatutes, 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 rellef authorized by Chanter 5 509, Florida Statutes, or the rules promulgated thereto. Signed January 07, 2014 ‘“Stewart Shapiro, 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of 2014. ee Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2014000537 File Number: 104189 District Number: 02 License Number: 1646215 2040 Form revised 01.07.13 BRAZIL ORIGINAL Exhibit A License Number: 1616215 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014000537 It is alleged that on July 31, 2013, October 23, 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 Adminisiration, 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. ~** 4,03A-02-4 3-501.16(A)(2) FC: (A) High Priority: Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Section 3-501.19, and except as specified under Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature contro! for safety food) shall be maintained: (2) At 41 degrees Fahrenheit or less. Observed potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Cooked pork at 50 F at cookline 3 door cooler. ** 2.03B-04-4 3-501.16 ({A)(1) FC High Priority: (A) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Section 3-501.19, and except as specified under Paragraph (B) and in Paragraph (C ) of this section, potentially hazardous food (time/temperature control for safety food) shall be maintained:(1) At 135 degrees Fahrenheit or above, except that roasts cooked to a temperature and for a time specified in Paragraph 3-401 .11(B) or reheated as specified in Paragraph 3- 403.11(E) may be held at a temperature of 130 degrees Fahrenheit or above; Observed potentially Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Meat patties at 117 Fahrenheit and chicken filled pastries at 110 Fahrenheit in hot hold box in front counter area. 3.14-11-4 4501.11 FC Basic: (A) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2. (B) Equipment componenis such as doors, seals, - hinges, fasteners, and kick plates shali be kept intact, tight, and adjusted in accordance with manufacturer's specifications. (C) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened. A. Observed equipment Equipment in poor repair. 3 door cooler at cookline unable to maintain foods at 41 F or below. Ambient thermometer in cooler reading 58 Fahrenheit, B. Observed nonfood-contact equipment in poor repair. Top of chest freezer rusted in cookline area. Non working cooler observed in front counter area used for Storage. ** A, 22-49-4 4-501.114(A), (C) and (D) FC: High Priority: A chlorine solution shall have a minimum concentration 25 mg per liter at 120 degrees Fahrenheit water temperature; 50 PPM at 100 or 75 degrees Fahrenheit water temperature; 100 PPM at 55 degrees Fahrenheit water temperature.(B) lodine solution shall have a minimum temperature of 68 degrees Fahrenheit and concentration between 12.5 to 25 PPM; (C) Quaternary ammonium compound solution shail have a minimum temperature of 75 degrees Fahrenheit, a concentration indicated by the manufacturer's use directions and used only in water with 500 PPM hardness or fess or a hardness no greater than specified by the EPA-registered label use instructions; (D) If another solution of a chemical specified under Paragraphs (A) ~ (C) of this section is used, the permit holder shall demonstrate to the regulatory authority that the solution achieves sanitization and the use of the solution shall be approved; Observed dishmachine not sanitizing properiy. 0 ppm chlorine. Case Number: 2014000537 File Number: 104189 : District Number. 02 License Number: 1616215 2010 Form revised 01.01.13 BRAZIL ORIGINAL : 5. 36-36-4 6-501.11 FC Basic: Physical facilities shall be maintained in good repair. Observed ceiling tile missing. Dry storage room. 6. 38-07-4 6-202.11FC Basic: (A) Except as specified in Paragraph (B) of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles. (B) Shielded, coated, or otherwise shatter- resistant bulbs need not be used in areas used only for storing food in unopened packages, if: (1) The integrity of the packages cannot be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. Observed lights in food preparation, food storage or warewashing area missing the proper shield, sleeve coatings or covers. Dry storage room and by dish machine. Case Number: 2014000537 File Number: 104189 District Number: 02 License Number: 1616215 2010 Form revised 01.01.13 BRAZIL ORIGINAL

Docket for Case No: 14-000706
Source:  Florida - Division of Administrative Hearings

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