» e a 4: + STATE OF FLORIDA My fr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION < DIVISION OF HOTELS AND RESTAURANTS OK lyse. a, DEPARTMENT OF BUSINESS AND GM, er an PROFESSIONAL REGULATION, Bipsin Tp Petitioner, CS, vs. “o License No. 58-51509-R ' RAMBO'S Case No. 4-00-169 01-093 a) | Respondent. ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against: RAMBO'S, (“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 Sec. 20.165 and Chapter 509, Florida Statutes. : 2. Respondentis, 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 last known business address is 401 E SEMORAN BLVD, CASSELBERRY, FL. 32707.The last known mailing address is BENJAMIN - NAVARRO, 1012 NEUSE ST, ORLANDO, FL 32804. . 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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 promulgated thereto. Signed May 26, 2000 L oO e€ Kendall Burkett, District Administrator By delegation of Susan R. McKinley, Director Division of Hotels & Restaurants . : . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: . . ~ Gail Hoge, Senior Attorney Florida Bar No. 0909289 ; . nO ; Department of Business & Professional Regulation / 1940 North Monroe Street, Tallahassee, Florida 32399-1007 . Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of 2000. ‘ . Received by: : ; Inspector's Signature Operator's Signature i Tale =O -+-_-— —— | Title Title 1 Case No: 4-00-169 Revised 5/10/2000 License No: 58-51509-R Business Name: RAMBO'S License #: 58-51509R Case #: 04-00-169 It is alleged that on April 20, May 5 and May 16, 2000 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1. 08a-9 “ 61C-4.0161(3)(c) FAC(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, FAC, as well as the additional requirements set forth in paragraph (2)(a) and subsections (7)-(9) 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. SLICED ONIONS WERE STORED IN A PLASTIC GROCERY BAG AND COOKED ONIONS WERE STORED IN AN ALUMINUM PAN. (4/20 AND 5/6/2000) 2. *27-20 5-103.12 FC Pressure. Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified in 44 5-104. 12(A) and (B) to a TEMPORARY FOOD ESTABLISHMENT or in response toa temporary interruption of a water supply need not be under pressure. 61C-4.0161(4) Mobile food dispensing vehicles which fail to provide water and waste : systems or which otherwise fail to meet all applicable requirements of this chapter shall not engage in food preparation except as permitted in subsection (3) of this rule: Such mobile food units shall handle only completely wrapped or packaged food which has been manufactured, processed, prepared and packaged in individual servings at an approved public food service establishment or prepackaged in a food processing plant and transported and stored in accordance with provisions of this chapter; provided, that bulk beverages from approved sources may be dispensed from covered urns or other protected containers. NO HOT OR COLD WATER WAS AVAILABLE AT THE HANDSINK. (4/20, 5/5 AND 5/6/2000) Exhibit A Page 1 of 4 3. 08a-12 4. 21-2 5. 32-9 32-14 3-305.14 FC 3-304. 14(B) FC 6-301.12 FC 6-301.11 FC License #: 58-51509R Case #: 04-00-169 “ FOOD Preparation During preparation, PACKAGED FOOD shall be protected from environmental sources of contamination. ’ A. THERE WAS NO OVERHEAD PROTECTION OF FOOD ON THE GRILL. (5/5 AND 5/6/2000) B. CONDIMENTS WERE NOT COVERED. (5/5 AND 5/6/2000). Cloths used for wiping FOOD spills shall be: (1) Dry and used for wiping FOOD spills from TABLEWARE and carry-out containers; or (2) Moist and cleaned as specified under 4 4-802.11(D), stored in a chemical sanitizer as specified under § 7-204.11, and used for wiping spills from FOOD-contact and nonFOOD-CONTACT SURFACES of ' EQUIPMENT. : THERE WAS NO SANITIZING SOLUTION FOR WIPING CLOTHS. (5/5 AND 5/6/2000) Hand Drying Provision. Each handwashing lavatory or group of adjacent lavatories shall be provided with: (A) Individual, disposable towels; (B) A continuous towel system that supplies the user with a clean towel; or (C) A heated-air hand drying device. Handwashing Cleanser, Availability. Each handwashing lavatory or group of 2 adjacent lavatories shall be’ provided with a supply of hand cleaning liquid, powder, or bar soap. THERE WAS NO SOAP AND PAPER TOWELS OR OTHER HAND DRYING DEVICE. (5/5 AND 5/6/2000). Exhibit A Page 2 of 4 6. 38-2 7. *50-2 6-202.11 FC 509.241(3) FS 61C-1.002(1) FAC 61C-1.002(7) FAC License #: 58-51509R Case #: 04-00-169 Light Bulbs, Protective Shielding. (A) Except as specified in § (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 can not 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. LIGHTS WERE NOT SHIELDED. (5/5 AND 5/6/2000) .. Any license issued by the division shall be conspicuously displayed in the office or lobby of the licensed establishment. Public food service establishments which offer catering services shall display their license number on all advertising for catering services. The current license from the division shall be conspicuously displayed in the office or lobby of the licensed establishment. If no office or lobby is present on the premises of the licensed establishment, the license must be readily available for inspection upon request. The division shall issue a license, which is BPR form 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, incorporated herein by reference ... to each public ... food service establishment which has satisfied the requirements of Chapter 509, FS, and this chapter upon initial licensing and annual renewal. In addition to the license, the division shall issue a license decal, which is BPR form 21-023, LICENSE DECAL, incorporated herein by reference ... to each mobile food dispensing vehicle, theme park food cart and + vending machine ... which must be prominently displayed and affixed to the vehicle, cart or machine ... THE LICENSE TO OPERATE THE MOBILE UNIT WAS NOT .- AVAILABLE. Exhibit A Page 3 of 4 License #: 58-51509R Case #: 04-00-169 8. 51-12 61C-1.002(5)(c)(1) FAC ‘The operator of each public food service establishment to be newly constructed, remodeled, converted, or reopened shall submit properly prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, FS, and rule Chapters 61C-1 and 61C-4, FAC. Such plans must be approved by the division prior to construction, remodeling, conversion, scheduling of an opening inspection and licensing... 51-6 61C-4.0161(2)(c) FACMobile food dispensing vehicles shall operate from an approved commissary that meets ail applicable requirements of this rule. . . . The mobile food unit must report to the commissary to store or replenish supplies, clean utensils and equipment or dispose of liquid and solid waste. Mobile food dispensing vehicles which are self sufficient for equipment, storage, and utilities must report to the commissary at least once weekly or more often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid . wastes. For the purpose of this rule, a mobile food dispensing vehicle | which is self sufficient includes a three compartment sink for : washing, rinsing, and sanitizing of equipment and utensils, a separate. I handwash sink, adequate refrigeration and storage capacity, full . provision of power utilities including electrical, LP gas, or a portable power generation unit, and a liquid waste disposal system and potable . ! water holding tank and liquid waste disposal system in accordance i with Subparts 5-3 and 5-4, : Food Code. Mobile food dispensing vehicles which are not self sufficient must report to their commissary at least once daily. The exterior of the vehicle may be washed in any location, provided the waste water does not create a sanitary nuisance. A. MOBILE UNIT WAS LICENSED AS A HOT DOG CART, | HOWEVER AN OPEN GRILL WAS IN USE BY THE / LICENSED CART. . B. A COMMISSARY LETTER WAS NOT PROVIDED. - 7 Exhibit A Page 4 of 4

Docket for Case No: 01-000937