REEL ALE RDL AEA IB A En a a ree rr ot, : _ STATE OF FLORIDA ee DEPARTMENT OF BUSINESS AND PROFESSIONAMRERYHATION Department of Business and Professional Regulation, Division of Hotels and Restaurants, Petitioner, vs. ; Case Number: 4-99-870 i _ License Number: §9-00914-R KISSIMMEE POPCORN CO INC. . ~ d/bla BLUE MAX TAVERN FLAMINGO GRILLE 5770 W. IRLO BRONS KISSIMMEE, FL 34741 Respondent. : ADMINISTRATIVE COMPLAINT _ COMES NOW, the Department of Business and Professional Regulation, Division _ of Hotels and Restaurants. (hereinafter referred to as "Division’) fi fi les this administrative complaint against KISSIMMEE POPCORN co INC. (hereinafter referred to as "Respondent’). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The:Division has jurisdiction over the subject matter of, and the parties to, oe “this proceeding pursuant to Chapter 509, Florida Statutes. 2. At.all times relevant to the facts alleged in this administrative complaint, Respondent held a license number: '59-00914- R forte operation of a 2 public food ‘service. : establishment. Respondent's last known address of record i is 5770 W. IRLO BRONSON - HWY, KISSIMMEE, FL 34741. . 3. Petitioner seeks to revoke; suspend; | impose administrative fi ines; impose a civil penalty; require corrective action, and additional or other penalties as may be provided : Rev. 03/18/99 COUNTS 4. Petitioner realleges and incorporates by reference, as if fully stated © ‘herein, the allegations contained i in paragraphs 1 through 2, above. RS 5. The factual allegations and charges are speci cally set forth | in the attached Exhibit A, incorporated by reference i in ‘this ‘administrative complaint as if fully and completely restated herein. Each listed violation isa a separate charge. WHEREFORE, the Division of Hotels ‘and Restaurants hereby ‘charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civiadministrative - penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof. Lorotabe-Leunbe Kendall Burkett District Administrator Division of Hotels and Restaurants SIGNED _ August 4, 1999 Rev. 03/18/99 License No: 59-00914-R Case No: 4-99-870 : Business Name: BLUE MAX TAVERN FLAMINGO GRILLE erp pep ‘EXHIBIT “A” Fae ne Violation Page 00 JAN 27 PH &: 43 BLUE MAX TAVERN FLAMINGO GRILLE : 5770 W. irlo Bronson Highway, Kissimmee - 34741 LICENSE NO: 59-00914R It is alleged that on July 14, and July 21, 1999, the licensee was in violation of Florida Statute (FS), and/or Florida Administrative Code (FAC), and/or the 1997 Food Code (FC), and/or the National Fire Protection Association (NFPA) Life Safety Code, in the following particulars: © =: *, *03a-4 3-501.16(C) FC Except during preparation, cooking, or cooling, or when time is used as the public __ . health control as specified under § 3-501.19, POTENTIALLY HAZARDOUS FOOD shall be | maintained?" Ghee ae asad ate i (C) At 7°C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration 4 EQUIPMENT that is not capable of maintaining the FOOD at 5°C (41°F) or less if: (1) The, EQUIPMENT is in place and in use in the FOOD ESTABLISHMENT; and (2) Within 5 years of the REGULATORY AUTHORITY'S adoption of this Code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5°C (41°F) or less. fo VIOLATION: Ham and Turkey in the maketable refrigerator were 50°F. *2, *04-1 4-301.11 FC Cooling, Heating, and Holding Capacities. EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, shall be sufficient in number and capacity to provide FOOD temperatures as specified under Chapter 3, VIOLATION: The maketable refrigerator was not holding potentially hazardous foods at 45°F or below. Ham and turkey were 50°F and the ambient temperature in the maketable was 50°F. : - : 3. 13-2 2-402.11 FC Effectiveness. (A) Except as provided in { (B) of this section, FOOD EMPLOYEES shall wear hair S restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES. (B) This section does not apply to FOOD EMPLOYEES such as counter staff who only serve BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a minimal risk of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. . VIOLATION: The cook was not wearing a hair restraint. hel AA a An Aelia nha A a ak os Violation Page BLUE MAX TAVERN FLAMIGO GRILLE 59-00914R : — PSN O GST page 2 *4, #1203, 2301.14 FC When to Wash.* FOOD EMPLOYEES shall clean their hands and exposed portions of their arms as specified under §§ 2-301.12 immediately before engaging in FOOD preparation including working with exposed FOOD, clean EQUIPMENT and UTENSILS, and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES and: : in § 2-403.11(B) oe (D) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; 1 (E) After handling soiled EQUIPMENT or UTENSILS; (F) During Foon preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; (G) When switching between working with raw FOOD and working with READY-TO-EAT FOOD; and (H) After engaging in other activities that contaminate the hands. *12b-1 2-401.11 FC Eating, Drinking, or Using. Tobacco.* . (B) A FOOD EMPLOYEE may drink from a closed BEVERAGE container if the container is handled to prevent contamination of: (1) The EMPLOYEE'S hands; (2) The container; and (3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. VIOLATION: (A) The cook cleaned the soiled slicer machine then prepared food items without washing hands. (B) Employee drinks were not covered. 5. - 14-31 ,, 4501.12 FC Cutting Surfaces. Surfaces such as cutting blocks and boards that are subject to scratching and — scoring shall be resurfaced if they can no longer be effectively cleaned and SANITIZED, or discarded if they are not capable of being resurfaced. VIOLATION: The cutting board was severely scarred. Violation Page BLUE MAX TAVERN FLAMINGO GRILLE 59-00914R page3 — | 6. 16-14 450117FC WAREWASHING EQUIPMENT, Cleaning Agents.” ‘When used for warewashing, the wash compartment of a sink, mechanical warewasher, H . or wash receptacle of alternative manual WAREWASHING EQUIPMENT as specified in { 4-301.12(C), shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions. =: -. * he i 16-18 4-603.16 FC Rinsing Procedures. Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent- sanitizer solution by using one of the following procedures: (A) Use of a distinct, separate water rinse after washing and before SANITIZING if using: (1) A 3-compartment sink, : (2) Alternative manual WAREWASHING EQUIPMENT equivalent to a 3- compartment sink as specified in { 4-301.12(C), or . ck il (3) A 3-step washing, rinsing, and SANITIZING procedure ina ’_- WAREWASHING system for CIP EQUIPMENT; B) Use of a detergent-sanitizer as specified under § 4-501.115 if using: VIOLATION: The three compartment sink was not set up for wash, rinse and sanitizing. (Multi-use utensils were being washed at the time of re-inspection.) i 7. 22-2 4-601.11(A) FC EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight { and touch. j 22-3. 4-601.11(B) FC The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans shall be kept : free of encrusted grease deposits and other soil accumulations. N VIOLATION: (A) The milkshake machine was soiled with milk residue. (B) The interior of the microwave was soiled with food debris. 8. 33-13 5-501.113 FC Receptacles and waste handling units for REFUSE, recyclables, and returnables shal! be kept covered: , (A) Inside the FOOD ESTABLISHMENT if the receptacles and units: (1) Contain FOOD residue and are not in continuous use; or (2) After they are filled; and (B) With tight-fitting lids or doors if kept outside the food establishment. VIOLATION: The dumpster was not kept covered. The lids were missing on the re-inspection. 1 ~