“STATE OF FLORIDA Z DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . Petitioner, vs. ; ; : License No. 45-00820-R ~ PAISLEY INN ; Case No. 4-00-141 Respondent. re 20I2_ / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against: . PAISLEY INN, (‘Respondent’), and says: j 1. Petitioner i 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. Respondent is, and has been at all times material hereto, licensed by o or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is ROUTE 42, PAISLEY, FL 32767. 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 10, 2000 Kendall Burkett, District Administrator ; Division of Hotels & Restaurants : Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile. 850 - 488-5074 : License #: 45-00820R° Case #: 04-00-14 1 It is alleged that on April 7, 2000 and April 17, 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. 02-10 2. *03a-4 ~ ~ - 3. *12a-9 3-501.17(C) FC 3-501 -16(C) FC ~ 3.301.11(B) FC (C) Except as specified in 4{ (E) and (F) of this section, a container of refrigerated, READY- TO-EAT POTENTIALLY HAZARDOUS FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT shall be clearly marked, at the time the original container is opened in a FOOD . ESTABLISHMENT, to indicate the date by which the FOOD shall be consumed which is, including the day the original container is opened: (1) 7 calendar days or less after the original container is opened, if the FOOD is maintained at 5°C (41°F) or less; or (2) 4 calendar days or less from the day the original container is opened, if the FOOD is maintained at TC (45°F) or less as specified under { 3-501.16(C). ‘ SLICED CHEESES WERE NOT DATE MARKED IN THE COLDSPOT SEARS REFRIGERATOR. . 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: (C) At °C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration EQUIPMENT that is not capable of maintaining the FOOD at 5°C (41°F) or less if: (1) The EQUIPMENT js 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 FCOD at a temperature of 5°C (41°F) or less. A CASE OF 15 DOZEN RAW SHELLED EGGS WAS STORED : ON THE KITCHEN FLOOR. THE EGGS WERE 70°. ~ (B) Except when washing fruits and vegetables as specified under gz 302.15 or when otherwise APPROVED, FOOD EMPLOYEES may not contact exposed, READY-TO-EAT FOOD with their bare hands and shall “URS suitable UTENSILS Stich as deli tissue, spatulas, tongs, SINGLE- USE ‘gloves or dispensing EQUIPMENT. . ‘ : OBSERVED A COOK USING BARE HANDS TO HANDLE “READY TO EAT FOODS. (NO WRITTEN ALTERNATIVE ' PLAN WAS AVAILABLE). Exhibit A Page 1 of 6 4, 05-3 5. 15-12 6. 17-1 4-203.12 FC 4-501.11 FC 4-302.14 FC License #: 45-00820R © Case #: 04-00- 141 TEMPERATURE MEASURING DEVICES, Ambient Air and Water. : (A) Ambient air and water TEMPERATURE MEASURING DEVICES that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to +1.5°C in the intended range of use. (B) Ambient air and water TEMPERATURE MEASURING ‘DEVICES that are scaled only in Fahrenheit shail be accurate to +3° F in the intended range of use. THE THERMOMETER IN THE WHITE SEARS COLDSPOT WAS INACCURATE. IT READ -10°F. Good Repair and Proper Adjustment. \ (A) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified in Parts 4-1 and 4-2. (A) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted ~ in accordance with manufacturers’ specifications (A) THE GASKETS OF THE ADMIRAL REFRIGERATOR DID, NOT CLOSE PROPERLY LEAVING APPROXIMATELY A %" GAP. (B) THE DRAWER HANDLE BY THE FAN & GREASE CONTAINER WAS BROKEN. : (C) THERE WAS A PUDDLE OF STAGNANT WATER IN THE BOTTOM OF THE WHITE SEARS COLDSPOT REFRIGERATOR. SANITIZING Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in mg/L of SANITIZING solutions shall be provided. of NO PROPER CHLORINE TEST STRIPS WERE AVAILABLE. i: i. | Exhibit A Page 2 of 6 7. 08a-2 & - 8a-18 3-302.11(A)(2) FC 3-305.11 FC — 4-601.11(A) FC License # 45-00820R Case #: 04-00- 141 (A) FOOD shall be protected from cross contamination... (2) Except when combined as ingredients, separating types of raw animal FOODS from each other such as beef, FISH, lamb, pork, and POULTRY during storage, preparation, holding, and display by: (a) Using separate EQUIPMENT for each type, or (b) Arranging each type of FOOD in EQUIPMENT so that cross contamination of one type with another is prevented, and (c) Preparing each type of FOOD at different times or in © separate areas; FOOD Storage. (A) Except as specified in §{ (B) and (C) of this section, FOOD shall be protected from contamination by storing the FOOD: - . 1 (1) In a clean, dry location; (2) Where it is not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6 inches) above the floor, (B) FOOD in PACKAGES and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling EQUIPMENT as specified under § 4- 204.122. (C) Pressurized BEVERAGE containers, cased FOOD in waterproof containers such as bottles or cans, and milk containers in Plastic crates may be stored on a floor that is clean and not exposed § to floor moisture. (B) RAW, SEALED BURGERS WERE STORED ON THE TOPSHELF IN THE SEARS COLDSPOT REFRIGERATOR OVER SEALED, COOKED FOODS AND VEGETABLES. (C) ONE CASE OF RAW SHELL EGGS WAS STORED ON THE KITCHEN FLOOR. EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. (B) THE PIE DISPLAY CASE HAD MOLD/DEBRIS ON THE SLICER. i GLASS DOOR. | Exhibit A Page 3 of 6 9, 23-1 10. 24-5 11. 25-3 12. 34-6 4-601 Al 1(C) FC 4-903.11(B)(D) FC 4-903.11(C)(D) FC 5-501.112 FC License #: 45-00820R Case #: 04-00- 141 NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris.* : ALL KITCHEN CABINETS, DRAWERS AND SHELVES HAD DEAD INSECTS, DROPPINGS AND FOOD DEBRIS ON THEM. : Clean EQUIPMENT and UTENSILS shall be stored as specified under (A) of this section and shall be stored: (1) In a self-draining position that allows air drying; and ~ (2) Covered or inverted. THE CLEAN PITCHERS AND MAYONNAISE CONTAINERS OVER THE SERVICE WINDOW WERE NOT PROTECTED. (C) SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as specified under (A) of this section and-shall be kept in the original protective PACKAGE or stored by using other means that afford protection from contamination until used, (D) Items that are kept in closed packages may be stored less than 15 ; cm (6 inches) above the floor on dollies, pallets, racks, and skids that are designed as provided under § 4-204.121. (A) "FO GO" TRAYS ON THE TOP SHELF OVER THE SERVICE WINDOW WERE NOT PROTECTED. (B) THREE CASES OF BOXED SINGLE SERVICE ITEMS WERE STORED ON THE FLOOR. - Outside Storage Prohibitions. (A) Except as specified in { (B) of this section, REFUSE receptacles not meeting the ‘requirements specified under { 5-501.13(A) such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with FOOD residue may not be stored outside. (B) Cardboard or other PACKAGING material that does not contain FOOD residues and that is awaiting regularly scheduled delivery toa recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem. Exhibit A Page 4 of 6 13, *47-1 14, *49-1 5-501.15 FC 61C-1.004(11)-FAC 61C-1.004(7). FAC License #: 45-00820R Case #: 04-00-14 1 _ Outside Receptacles. — _ (A) Receptacles and waste handling units for REFUSE, recyclables, and returnables used with materials containing FOOD residue and used outside the FOOD ESTABLISHMENT shall be designed and constructed to have tight-fitting lids, doors, or covers. (B) Receptacles and waste handling units for REFUSE and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit. OBSERVED BOXED TRASH/DEBRIS ON THE GROUND AROUND THE GAS TANK AND TRASH ON THE GROUND AROUND THE GARBAGE CANS. Electrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used except during cleaning, maintenance and other temporary activities. Only a wall switch or approved pull cord shall be permitted in bathrooms. In accordance with the provisions of NFPA 70, the National Electrical Code, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC, Uniform Fire Safety Rules and Standards, sufficient electrical outlets shall be provided. THE OUTLET COVER ON THE CEILING FOR THE BOX FAN BY THE FOOD STORAGE AREA WAS LOOSE. Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables. PLASTIC BAGS WERE STORED NEXT TO THE GAS WATER HEATER. Exhibit A Page 5 of 6 wae oe eee ome pee 15, *35a-1 435-2 *35b-3 6-501.111 FC 6-501.112 FC 6-202.15(A) FC License #: 45-00820R Case #:04-00- 141 Controlling Pests.* The presence of insects, rodents, and other pests shall be controlled to , minimize their presence on the PREMISES by: (A) Routinely i inspecting incoming shipments of FOOD and supplies; :N 8) Routinely i inspecting the PREMISES for evidence of pests;® (C) Using methods, if pests are found, such as trapping devices or other means of pest control as specified under §§ 7-202.12, 7-206.12, and 7-206.13; and (D) Eliminating harborage conditions." Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. . po . Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the PREMISES at a frequency that prevents their accumulation, decomposition, or the attraction of pests. Outer Openings, Protected. (A) Except as specified in § (B) and under { (C) of this section, outer openings of a FOOD ESTABLISHMENT shall be protected against the entry of insects and rodents by: and ceilings; (2) Closed, tight-fitting windows; and (3) Solid self-closing, tight-fitting doors. . (A) OBSERVED A LIVE ROACH IN THE CUPBOARD WHERE SEALED STYROFOAM CUPS WERE STORED.” -:(B) DEAD ROACHES WERE SEEN ON FOOD STORAGE . SHELVES AND WALLS. : (©) LIVE AND DEAD ROACHES AND. DROPPINGS WERE OBSERVED ON SHELVES AND DISHES BY THE MICROWAVE. - ) ‘THERE WAS APPROXIMATELY ONE INCH GAPS ON | THE LEFT AND RIGHT BOTTOM OF THE BACK. _ SCREEN DOOR. Exhibit A Page 6 of 6 ( ) Filling or closing holes and other gaps along floors, walls eR inte ore PoE

Docket for Case No: 01-002012