Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: KISHON CLAYBORNE, D/B/A GOLDEN KRUST
Judges: DARREN A. SCHWARTZ
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Aug. 29, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 7, 2016.
Latest Update: Dec. 26, 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: 2016026908
KISHON CLAYBORNE License Number: —
d/b/a GOLDEN KRUST, mae ine Lag ae 0
Respondent. ile Number: 57123
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Petitioner”), files this Administrative Complaint against KISHON CLAYBORNE d/b/a
GOLDEN KRUST, (“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 620 N UNIVERSITY
DR, PEMBROKE PINES, FLORIDA 33024.The mailing address of record is KISHON CLAYBORNE d/b/a
GOLDEN KRUST at 620 N UNIVERSITY DRIVE, PEMBROKE PINES, FLORIDA 33024.
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 authori b orida Statutes, or the rules
promulgated thereto.
Signed June 07, 2016
wart Shapiro, Di: 3
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 Certified Article Number
Tallahassee, Florida 32399-2202 quiy 72bb 9904 2040 S052 OS
Certificate of Service | = @10]=1B)
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this. day of , 2016.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2016026908 File Number: 257123 District Number: 02
License Number: 1623098 2010 Form revised 04.01.16
GOLDEN KRUST
Exhibit A
License Number: 1623098
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2016026908
It is alleged that on April 01, 2016, June 01, 2016 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.
** 1.03B-02-4 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 - From inspection on 2016-04-01: High Priority - Cooked meats or poultry hot held at less than
135 degrees Fahrenheit or above. Hot hold, brown stew 133°, plantains 111°, curry chicken 128°,
reheated over 165°. From follow-up inspection on 2016-06-01: Individual portioned ox-tail and curry
goat 121° hot hold in 2 door precision warmer.
* 2.53B-02-5 509.049(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.
Observed - From inspection on 2016-04-01: Intermediate - No proof of required state approved employee
training provided for employee hired more than 60 days ago. To order approved program food safety
material, call DBPR contracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-
7233. Randal, cook, Natasha, clerk. From follow-up inspection on 2016-06-01: Natasha, clerk has no
certificate.
Case Number: 2016026908 File Number: 257123 District Number: 02
License Number: 1623098 2010 Form revised 04.01.16
GOLDEN KRUST
Docket for Case No: 16-004996
Issue Date |
Proceedings |
Nov. 07, 2016 |
Order Closing File and Relinquishing Jurisdiction filed. CASE CLOSED.
|
Nov. 04, 2016 |
Joint Motion to Relinquish Jurisdiction filed.
|
Nov. 04, 2016 |
Joint Motion to Relinquish Jurisdiction filed. FILED IN ERROR.
|
Nov. 03, 2016 |
Motion for Continuance filed.
|
Oct. 24, 2016 |
Letter to Judge Schwartz from Charles Dewrell enclosing Petitioner's Proposed Exhibits 1-4 filed (exhibits not available for viewing).
|
Oct. 24, 2016 |
Transmittal Letter filed.
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Oct. 24, 2016 |
Petitioner's Exhibit List filed.
|
Oct. 24, 2016 |
Petitioner's Witness List filed.
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Aug. 31, 2016 |
Notice of Hearing by Video Teleconference (hearing set for November 7, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Aug. 31, 2016 |
Order of Pre-hearing Instructions.
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Aug. 30, 2016 |
(Joint) Response to Initial Order filed.
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Aug. 30, 2016 |
Initial Order.
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Aug. 29, 2016 |
Election of Rights filed.
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Aug. 29, 2016 |
Administrative Complaint filed.
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Aug. 29, 2016 |
Agency referral filed.
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