11-003435 Department Of Business And Professional Regulation, Division Of Hotels And Restaurants vs. Lowe&Apos;S Good Eaton Restaurant Status: Closed Recommended Order on Wednesday, December 14, 2011.

Summary: Restaurant maintained food at inappropriate temperatures.

FI LED

D

Deputy Agency Clerk

STATE OF FLORIDA CLERK Brandon Nichols

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT Date 1/5/2012

DIVISION OF HOTELS AND RESTAURANTS File# 2012-00036

DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION,

DIVISION OF HOTELS AND

RESTAURANTS,

Petitioner,

DOAH CASE NO. : 11-3435

v. H&R CASE NO.: 2010-035627

LICENSE NO. : 58-11330

LICENSE TYPE: 2010

LOWE'S GOOD EATON RESTAURANT,

Respondent.

------------------_/

FINAL ORDER

The Director, Division of Hotels and Restaurants,

Department of Business and Professional Regulation (the

Division), after consideration of the complete record of this

case on file with the Division, enters this Final Order.

1. On July 20, 2010, the Department issued an ;

Administrative Complaint, a copy of which is attached as Exhibit

"A."

2. On November 7, 2011, a hearing in this cause was held

before the Honorable Susan Belyeu Kirkland, Administrative Law

Judge, Division of Administrative Hearings.

3. On December 14, 2011, Honorable Susan Belyeu Kirkland

issued a Recommended Order, a copy of which is attached as

Exhibit "B." The Statement of the Issues, Preliminary Statement,

'... .' ""; 'r> •• ,

17196 90ID8 2715 3787

Filed January 9, 2012 9:29 AM Division of Administrative Hearings

Findings of Fact, Conclusions of Law, and Recommendation

contained in the Recommended Order are hereby adopted in toto

and incorporated herein by reference.

Based upon the foregoing, and being otherwise fully advised

in the premises it is, hereby ORDERED that: for Respondent's

violations of Section 509, Florida Statutes, and/or the rules

promulgated thereto the following penalty is imposed:

-------------------------L---Respondent shalL_ pay-- - a fine in the ---amount of _

$2,000.00, due and payable to the Division of Hotels and

Restaurants, 1940 North Monroe Street, Tallahassee, Florida

I

32399-1011, within thirty (30) calendar days of the date this

Order is filed with the Agency Clerk.

2. This Final Order shall become effective on the date of

filing with the Agency Clerk.

DONE AND ORDERED this day of

Blll L. Veach, irector

Department of Business and

Professional Regulation

Division of Hotels and Restaurants

1940 North Monroe Street

Tallahassee, Florida 32399-1015

NOTICE OF RIGHT TO APPEAL UNLESS WAIVED

Unless expressly waived, any party substantially affected by

this final order may seek judicial review by filing an original

Notice of Appeal with the Clerk of the Department of Business

and Professional Regulation, and a copy of the notice,

accompanied by the filing fees prescribed by law, with the clerk

of the appropriate District Court of Appeal wi thin thirty (30)

days __ rendition _oL this order, in accordance with Rule 9.110,

Fla. R. App. P., and Section 120.68, Florida Statutes.

CERTIFICATE OF SERVICE

\\

I HEREBY CERTIFY that a true and cortect copy of the

foregoing has been furnished via Certified U .Is. Mail to Lowe's

Good Eaton Restaurant, c/o Shea Lowe, 429 East Kennedy

Boulevard, Eatonville, Florida 32751; by regular U. S. Mail to

the Honorable Susan Belyeu Kirkland, Administrative I Law Judge,

Division of Administrative Hearings, 1230 Parkway,

Tallahassee, Florida 32399-3060; and by hand. delivery to Marc

Drexler, Chief Attorney, Division of Hotels and Restaurants,

Department of Business and Professional Regulations, North

Monroe Street, Tallahassee, Florida 32399-2202, this day of

I "-,.' J J

For the Division of Hotels

and Restaurants

STATE OF FlOri __

DEPARTMENT OF BUSINESS AND PROF!1lt ,0NAl .......

DIVISION OF HOTELS AN8A . Yr_"

www.myflort· ' '18/ J

STOP SALE 8/'IGAL NOTICE

06/15/1002 38 PM LOWFS GOOD EATON RESTAURANT S_EA_T _

Inspection Date and Time BUSiness Name ..... .. ",,1 license Number

LOWFS GOOD EATON 45 4111

OWner Name Number of Units l.Jcense Expiration

321-663-4999

Area Code/Telephone Number

429 E KENNEDY BLVD EATONVILLE,32751

Address 7 City 7 State 7 ZIp 7 etc

food The division or food may product stop represents the sale, and a threat supervise to the the public proper safety destruction, or welfare. of any If the food operator or food of product a public when food service the director establishment or designee licensed determines under that this such chapter

outbreak has received of foodborne official notification illness, the from food a or health food authority product must that a be food maintained or food product in safe storage from that in the establishment establishment has until potentially the responsible contributed health to any authority instance has or

examined, sampled, seized, or requested destruction of the food or food product. Subsection 509.032(4) Florida

YOU ARE HEREBY NOTIFIED TO IMMEDIATE STOP THE SALE OF THE FOLLOWING PRODUCTS

Article Brand ID Number Manufacturer Quantity

macarono pork ribs &. cheese 81bs 61bs

pork raw pork chops,cooked 31bs 41bs

ground salmon patties beef 31bs 21bs

sweet shredded potatoes cheese 91bs 2lbs

butter raw bacon 31bs 12lbs

cream sour cream cheeee 21bs 15lbs

REASON FOR ISSUE: The division finds that an immediate danger to the pUblic safety or welfare exists, based on the

following conditions found for the above listed food item{s):

Foods Food not In both mamtalnlng glass door cold cookers holding ranging temperature In temperature of at least from 41 Degrees 5G-63F OVernl9ht F or less for per more cook. than 4 hours

ADDITIONAL ARTICLES, REASONS, OR COMMENTS ON ADDENDUM

06-15-10

Date Signature of Recipient Inspector Signature

Recipient: Roman Sinclair For further mformatlon please contact.

nle Operator Dennis Watson

Phone: [phone] Orlando sanitation FL & 32801 safety Suite Specialist 802 N 400 West Robinson 5t

850 4871395

DBPR Form HR S022-{)43

Page 1 of 3

FOLLOW-UP INSPECfION REQUlRED

detemuned vlolatJons reqUire further

06/15/1002:25 PM Warning License Number SEAT

callback InspeetJon Date and TIme inspectIOn Reason

LOWE'S GOOD EATON 321-663-4999

OWner Name Area Code/Telephone Number

LOWE'S GOOD EATON RESTAURANT

Business Name inspection Result

45 04/14/2010

Number of Umts Requested callback Date/Time initial Warning Date

429 E KENNEDY BLVD EATONVILLE,32751

Address 7 CIty 7 State 7 ZIP 7 etc.

Comments

foods In both glass door coolers 4'}-S3F Future legal actIOn notice DBPR form HR 5022-097 issued to operator .Also 130 shell eggs stop saled stored above 45F for more than 4 hours

:The following llem(s) have been recommended for AdmInistrative Complaint.

VIOlatIOn: 36-07-1

J Repeat mISSing VIOlatIOn the proper shield, sleeve coatings or covers.Over food storage rack/lutchen

/ Ifrolatlon 32-04-1

Repeat Violation. not enclosed with tight-fitting, self-closing doors Men's restroom

/ f/lOlatlOn. 3D-02-1

06-15-10

Date Signature of Recipient Inspector Sognature

Recipient: Roman Sinclair For further information please contact

Title Operator Sanitation Dennis Watson & Safety SpecialISt 400 West RobInson St Orlando Fl

Phone: [phone] 6504671395 Suite 802 N

OBPR Form HR 5022-005

Page 2 of 3

license Number

" :i?o). :'l;! DEPARTMENT OF BUSINESS STATE AND OF FLORIDA N .. SEAT 5811330

!;Ill r. ... Business Name

• ,. :"':i?f • DMSION OF www.myflorida.com/dbpr HOTELS AND RESTAU JF,'. 1!1 , "'", '"" LOWE'S GOOD EATON RESTAURANT

'. ::9i; w:< 'it'::="" call="" back="" inspection="" repol1;'/'="" ,rt.;''j£ij="" r="" 41="" ..="" ins="" pectio="" ne="">

LEGAL NOTICE ,: III R I 06/15/1002.25 PM

Failure to comply with this Notice may Initiate an administrative complaint that may resu .,." .. 'D,cJ:..ao ..,-: ,l}:/ oJlylllr license and fines .

....... __ ... , / 1- f

"'f' ,-1.'"

!Vacuum breaker mlSlng at hose blbb.Outslde back door Repeat ViolatIOn

/ VIOlation' 14-36-1

Pbserved gaskets/seals on cold holding Unit In poor repalr.Right glass door cooler

/ VIOlation: 03A-07-1

Observed emperature potentially recovery. hazardous food cold held at greater than 41 degrees Fahrenhelt.Pancake batter 67F ,sausage 64F on cookhne for 30 minutes per cook, moved to refngeratlOn for

I V'lOlabon: 03A-06-1

efrigeratlon hell eggs held for In temperature a Unit maintaining recovery an ambient air temperature greater than 45 degrees Fahrenhelt.Eggs held at room temperature on cookhne for 30 minutes per cook, moved to

The folloWing Item(s) are In compliance'

51-13-1

HeimlICh maneuver sign posted

Violation 50-08-1

EstablIShment operamg without a current Hotel and Restaurant lICense.

\\/'lOlabon: 32-17-1

Handwashlng Repeat VIOlation. cleanser lacking at handwashlng handslnk

Jolation 32-16-1

Corrected wash On sink Site IackJng proper hand drying prOVISions and soap.Warewashlng area

Repeat VIOlatIOn

VIOlation' 31-12-1

Pbserved handwash Sink used for purposes other than handwashlng.Warewashlng area, utensils stored In Sink baSin Corrected On Site.

WlolatlOn: 29-05,1

Repeat mop/servICe VIOlatIOn. Sink available at establIShment MOpslnk baSin full WIth miscellaneous Items, maldng It unuseable

W,olatlOn: OSA'26-1

Pbserved raw animal (shell eggs)food stored over ready-to-eat food(vegetables) In left glass door cooler. Corrected On Site.

WlOlatlon: 02-06-1

DBPR Form HR 5022-005

Page 3 of 3

lJcense Number

STATE OF FLORIDA SEAT 5811330

DEPARTMENT DIVISION OF BUSINESS OF HOTELS AND PROFESSIONAL AND RESTAURANTS REGULATION BUSIness Name

LOWE'S GOOD EATON RESTAURANT

www.myflorida.com/dbpr Inspection Date

CAU. BACK INSPECTION LEGAl NOTICE REPORT 06/15/10 02 25 PM

Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines.

bserved eats,vegetables,pastas,gravy combmed ready-to-eat In potentially glass door hazardous food held more than 24 hours not date marked accordmg to earlIeSt date of openrng/preparation Cooked

Repeat VIOlation

DBPR Form HR 5022-005

,t STATE OF FLORIDA Page 1 of 4

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

www.MyFlorida.com/dbpr/hr DIYISION OF HOTI:LS AND RESTAURANTS

FOOD SERVICE INSPECTION REPORT

Failure to comply with this Notice may initiate an administrative complaint LEGAL that NOTIce may result in suspen

04/14/1009:34 AM Routine

inspection Date and Tune inspectIOn Reason

OWner LOWE'S Name GOOD EATON V"llllalJons WARNING. In the operalJon of your establishment

lOWE'S GOOD EATON RESTAURANT must be corrected by. Area Code/Telephone Number

Business Name inspection Result

45 06/14/2010 08: 00 AM 4110

Number of Umts callback Date/11me license Expiration

429 E KENNEDY BLVD EATONVILLE,32751

7 cItY 7 State 7 lip 7 etc.

Ilem 03: Food Temperatures nem 53a: cert. Food Managers Item 20. Warewashlng Samtization SuppressIOn nem 45: Fire Systems ExtInguishers Dates and Fire

"sausage "poncabo , ba cook .... , lone, cook 6'l fine, 0.0- 67 Dog_ f f Manager Name: Shea lowe certJflcation 3 bay Sink not set up,sanitizer type:chlor1ne

sausage Ron. foods, • I'9iIlCh .- In on cooaer, cooI«, -.0 37 Degn!eS Dog ..... F F Food Date: Safety 209 certified Professionals by. National Registry of

macaroni macarorll a. a dleese, cf1eese, cook reach hne, m cooler, 156 Degrees 38 Degrees F f

gnts, pori<, cook="" cook.e:l,="" 6ne,="" cook="" 172="" lone,="" degrees="" 196="" ljoorees="" f="">

Boer, ream m _, frozen Dog ..... F

NOTE. Items mariled above with an asterisk C*) Indicate a ylolation

Inspector's Comments

1Y0ur allahassee license R. Is 32399-0783 delinquent Either or Customer renew on Call line Center at myflor1da at 850 487.1395 com/dbpr or Eslabllshement mall renewal (or supplies copy of gloves, expired tongs, license) utensils and or payment other effective to DBPR hamer Bureau for of protection central Intake against 1940 bare N Monroe hand contact St

fills fylth Inspection ready-ro-eat must foods.Venfled be made available food thermometer to the pubhc accuracy upon request. and revIeWed IsSued STOP cahbralJon the spread procedure, of Foodbome employee D1ness health form policy, HR the 503{}-160 BIG AVE FOOD80RNE Repeat violations D..lNESSE5 are from and the advISed InspectllJn(s) operator dated that

-09 and/or 10-09 Water Source: MunlcipaVUbhty. Sewage: MumclpaVUtihty. Employees trained by FIonda Restaurant Association No Boller On Site.

I acknowledge receipt of this inspection form and comments.

04-14-10

Date Signature of Recipient For further Inspector Information SIgnature please contact:

Recipient· SUban Middleton

l1tIe Operator Sanitation Dennis Watson &. Safety Specialist 400 West Robinson St Orlando R.

Phone' 4076477955 32801 850 4871395 Suite 802 N

"'A'U" '"'u .. ..., ;:>" rnr

In *Ola Approved source Out transport, *03a Cold and food cold at proper holdmg temperatures dunng storage, display, servICe,

In *01b Wholesome, sound condition

Out *02 Orfglnal container; properly labeled, date marking In *03b Hot food at proper temperature

N/A *02-11 Consumer advisory on raw/undercooked oysters In *03c Foods properly cooked/reheated

In *02-13 Consumer advisory on raw/undercooked animal products N/O *03d Foods properly cooled

*04 Facilities to maintain product temperature

*05 Thermometers proVided and conspICuously placed

*06 Potentially hazardous foods properly thawed

VlOlabons subsequent marked pages. wtth Items an marked astensk N/A are are cnllCal Not VIOlations. Applicable Items Items marked Marked IN as are N/O In are compliance. Not Observed, Items and Marked were OUT not are belllQ • .,labons. conducted Speafic at the details blne of of lIlSfl"ClIon. VIOlation are bsted on

DBPR Form HR 5022-016

t;;, Page 2 of 4

license Number

STATE OF _ ........ _ SEAT 5811330

DEPARTMENT OF BUSINESS AND PROFESSIO _ , G N ",,' "'Business Name

DMSION OF www.myflonda.com/C\\ HOTELS A."D REST>. , 'Iby" I b'J 18 I,i? lOWE'S GOOD EATON RESTAURANT

"",'C¢; FOOD SERVICE INSPECTION ....... .. "'.i' ·v Inspection Date

.0 04/14/10 09' 34 AM

Failure to comply with this Notice may initiate an administrative complaint LEGAL that NOTICE may result In suspenslo?-o '. i.ii n of your license and fines.

GARBAGE ........ "' • .f AND REFUSE DISPOSAL

STATUS PHF TEMPERATURE CONTROL STATUS

In *07 Unwrapped or potentially hazardous food not re-served proof, 33 Containers emptied covered, at proper adequate intervals, number, clean Insect and rodent

Out service, *08a Food transportatIon protechon dunngstorage, pR!paratIon, display,

34 constructed Outside storage area clean, enclosure properly

In *08b Cross·contamlnatIon, eqUipment, personnel, storage

damaged *08c Potential food for segregated cross-contaminatIon; storage practices; STATUS INSECT AND RODENT CONTROL

*3Sa Presence of Insects/rodents. Anlmal5 prohibited

In *09 Foods handled with minimum contact *35b Outer opemngs protected from Insects, rodent proof

10 In use food dISpenSing utensils properly stored STATUS FLOORS, WAU.S, CEIUNGS

STATUS PERSONNEL 36 Floors properly constructed, clean, drained, coved

In * 11 Personnel with Infechons restncted 37 clean Walls, ceilings, and attached eqUipment, constructed,

In (observed), *128 Hands aiternatlVe washed and operating clean, good plan hygienic practICes

Out 38 l.Jghtmg provided as required. Fixtures shielded

In (evidence) *12b Proper hygienic practices, eatmg/dnnklng/smoklng 39 Rooms and equipment - vented as required

STATUS OTHER AREAS

13 Clean clothes, hair restraints rw Employee lockers provided and used, clean

STATUS FOOD EQUIPMENT AND I1TENSILS In "41a Toxic items properly stored

Out maintained, 14 Food contact Installed, surfaces located desogned, constructed, In *4lb ToxIC Items labeled and used properly

15 Non-food contact surfaces deslQned constructed Cleaning 42 Premises and maintained, maintenance fr1!e equipment of litter, properly unnecessary stored articles

maintained, Installed, located Kitchen restricted to authonzed personnel

*16 1. Wash Dishwashing 2. Rinse facilities 3. sanitize designed, constructed, operated 43 Complete separation from lIVing/sleeping area, laundry

44 Clean and soiled linen segregated and properly stored

*17 Thermometers, gauges, test kits provided STATUS SAFETY

18 Pre-flushed, scraped, soaked *45 Rre extinguishers - proper and suffICient

19 Wash, nnse water clean, proper temperatuR! "46 Exllmg system - adequate, good repair

*2Oa Samtlzlng concentratIon *47 Electrical W1nDg - adequate, good R!palr

"20b sanitizIng temperature "48 Gas appllilnces - properly Installed, malntamed

21 Wiping cloths clean, used properly, stored *49 flammable/combustible materials - properly stored

In "22 Food contact surfaces of equipment and utensils clean STATUS GENERAL

23 Non-food contact surfaces clean Out *50 Current lICense properly dISplayed

24 Storage/handhng of clean equipment, utensils Out 51 Other condlllCms sanitary and safe operatIon

STATUS SINGLE SERVICE ARTICLES *52 relating false/mlSleadmg to food/beVerage statements published or advertISed

25 servICe Items properly stored, handled, dISpensed

26 Single servICe articles not re-used In *53a Food management certifICation valid

STATUS WATER AND SEWAGE/PLUMBING In "53b Employee training vahdatlon

*27 Water source safe, hot and cold under pressUR! 54 FIonda CIea n lndoor AIr Act

"28 Sewage and waste water disposed properly 55 AutomatIC Gratuity Notice

Out 29 Plumbing Installed and malntamed

Out *30 Cross-connection, back Siphonage, backflow

STATUS TOILET AND HANDWASHING FACIUTIES Total Number of COS VIOlations: 3

Out designed, *31 TOilet Installed and handwashlng faCllltll!S, number, convenleDt,

Total Number of Repeat VIolations' 7

Out *32 properly, Restrooms facility with clean, self-closing supplied with doors, handsoap, fIXtures operate dISposable

towels receptacles or hand drymg devices, tISsue, covered waste

VIOlations subsequent marked pages. WIll1 Items an marked astensk N/A are are ClIlJcaI Not VIOlations. ApplICable. Items Items marked Marked IN as are N/O III are compliance Not Observed, Items and Marked were OUT nol are bemg VIOlations. conducted Speafic at the details blne of of mspection. VIOlation are IISled on

08PR Fonn HR 502Hl15

Page 3 of 4

lJcense Number

DEPARTMENT OF BUSINESS STATE AND OF PROFESSIONAL FLORIDA REGULATION SEAT 5811330

DIVISION OF HOTELS AND RESTAURANTS Business lOWE'S Name GOOD EATON RESTAURANT

www.myflorlda£Om/dbpr Inspectlon Date

FOOD SERVICE LEGAL INSPECTION NOTICE REPORT lIfilll., 04/14/1009'34 AM

Failure to comply with this Notice may initiate an administrative complaint that may result in .. of your license and fines.

if..'/£JJ'

Warnlng(s): 1ifii.,' 4p" ""'I It//) ""''', "\
;\\:.

50-08-I.EstabllSl1ment operabng WIthout a current Hotel and Restaurant been5O. ,i,',.". IIUI"'"

/ 'flii 1,7' ;:

-../ 03A.o7-1:Dbserved potenbally hazardous food cold held at greater than 41 degrees FahrenheJt.Pancake batter 67F,sausage 64F on cookllne fer. !'r..es per !l' to refngerabon for temperature

recovery I;:..

tt'11, ....... t;

/ 03A-06-1:5hell temperature recovery eggs held In a maintaining an ambient a" temperature greater than 45 degrees FahrenhettEggs held at room temperature on cookllne for per cook, moved In refngerabon for

y 32-16-1 Corrected Hand On wash Site. SInk lacking proper hand drying provISIOns and soap.Warewashmg area

Repeat V"lOlabon

Observed handwash smk used for purposes other than handwashlng.Warewashlng area, utenSIls slored In SInk baSIn Corrected On

k'26-1'Observed raw ammal (shell eggs)food stored over ready-to-eat food(vegetables) ,n left glass door cooler. Corrected On SM.

,( 14'36-1 Observed gaskets/seals on cold holding ,n poor repair RIght glass door cooler

j02-Q6-I-observed door combined ready-lD-eat polenbally hazardous food held more than 24 hours not date marked according to earliest date of opemng/preparabon Cooked meats,vegetables,pastas,gravy In glass

Repeat V"lOlabon

.X 38.o7-1"lJghts Repeat VlOIabon. mISSIng the proper shield, sleeve ccabngs or covers.Over food storage rack/kJtchen

!Z9-0S-1:NO Repeat V"lOlabon mop/501VlCe SInk available at estobllSl1menlMopSlnk baSIn full WIth mISCellaneous makmg It unuseable

)( 32-04-1 Repeat V"ooIebon Bathroom not enclosed WIth bght-fitbng, self-<:iosmg doors.men's="">

j 32-17-I:Handwashlng Repeat V"lOlabon. cleanser Iackmg at handwashmg Iavatnry Serve(s handSlnk

3O-Q2-I'Vacuum breaker mlSlng at hose blbb.Outslde back door Repeat V"lOlabon.

DBPR Form HR 5022.015

Page 4 of 4

STATE OF FLORIDA IJcense Number

SEAT 5811330

DEPARTMENT DIVISION OF BUSINESS OF HOTELS AND PROFESSIONAL AND RESTAURANTS REGULATION Busmess Name

www.myfIorida.com/dbpr LOWE'S GOOD EATON RESTAURANT

FOOD SERVICE INSPECTION REPORT Inspection Date

LEGAL NOnCE 04/14/1009'34 AM

Failure to comply with this Notice mar initiate an administrative complaint that mar result in suspension or revocation of rour license and fines.

)51'13.'1 No HeimlICh maneuver SIgn posted

DBPR F1ltm HR