State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ; vs. ; Case Number: 2015019852 BALLESTEROS DANIEL : License Number: 2651299 d/bfa DANIEL'S DOGS prcense Type: * - File Number: 32529 Respondent. . a / . Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION. OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BALLESTEROS DANIEL d/b/a. DANIEL'S DOGS, (“Respondent’), and says: : 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service éstablishments, 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 Hoteis and Restaurants. The respondent's business address of record is 9865 BEACH BLVD APT 2, JACKSONVILLE, FLORIDA 32246.The mailing address of record is DANIEL'S DOGS, at 1321 PENMAN RD, JACKSONVILLE BEACH, FLORIDA 32266. : 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 is 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 penaltiés:. 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 promuigated thereto. Cathu. Ntuekuw Cathy H.. Tucker, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants . Department of Business & Professional Regulation Signed May 04, 2045 COUNSEL FOR THE DEPARTMENT: Mare 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: 9414 7266 9904 2011 8114 27 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2015. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2015019852 File Number: 32529 District Number: 05 License Number: 2651299 2014 Form revised 01.01.13 DANIEL'S DOGS Exhibit A License Number: 2651299 License Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2015019852 Itis alleged that on April 27, 2015 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. * 4.08B-65-4 61C-4.0161(3)(c) FAC Intermediate: (3) Mobile food dispensing vehicles which limit the preparation of food to frankfurters only shall comply with all applicable requirements set forth in rules 61C-4.010 and 61C-4.023, F.A.C, as well as the additional requirements set forth in paragraph (2)(a) and subsections (8)- (10) of this rule: except that: (c) Potentially hazardous foods such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers which - are maintained at proper temperatures on the unit.: Non-potentially hazardous foods such-as relish, raw onions and peppers, and-other such condiments may be served directly from. the unit. On April 27, 2015:a final order callback inspection was conducted for case number 2014044194. Qbserved food, other than frankfurters, prepared on a hot dog cart. Cooking raw onions, cheesesteaks and raw sausage on the grill. Repeat Violation. (immediate administrative complaint recommended due to non-complied final order inspection). * 2,.53A-01-5 - 509.039 FS - Intermediate: All public food service establishments must provide the division with proof of food service manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment. On April 27, 2015 a final order callback inspection was conducted for case number. 2014044194. Observed manager lacking proof of food manager certification. Repeat Violation. (Immediate administrative complaint recommended due to non-complied final order inspection). * 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 empioyee 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. On April 27,2015 a final order callback inspection was conducted for case number 2014044194). Observed no proof of required state approved employee training provided for any employees. Repeat Violation. (Immediate administrative complaint recommended due to non-complied final order inspection). Case Number: 2015019852 File Number: 32529 District Number: 05 License Number: 2651289 2014 Form revised 01.01.13 BDANIEL'S DOGS

Docket for Case No: 15-004085