; Ohssy STATE OF FLORIDA yy od! E DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION !=» Dp . DIVISION OF HOTELS AND RESTAURANTS o} Hoy 28 a DEPARTMENT OF BUSINESS AND ary PH I: 37 PROFESSIONAL REGULATION, , ASS A Petitioner, ABH 1S Thee vs. REAR ae IVE License No. 74-00039-R os CHINA DRAGON RESTAURANT Case No. 4-01-362 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: CHINA DRAGON RESTAURANT, (‘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. Respondent is, and has been at all times materiat hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's last known business address is 145 NORTH RIDGEWOOD AVENUE, DAYTONA BEACH, FL _32114.The last known mailing address is 4 OCEANS, ING., 145 NORTH RIDGEWOOD AVENUE, DAYTONA BEACH, FL 32114. 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; mandat:-y attendance at Resrondent’s expense at an educational program sponsored by the Department's Hospitality Education Pregram; suspension, revocation, or refusal of a license issued r-4rsuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promuigated thereto. Signed September 27, 2001 fk E lel gx Ltt Kendall Burkett, Diz! * Admit: ‘strate. By delegation of the Dire vior, of Casignee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909283 Department of Business & Professional Regulation 1940 North Monr: Street, Tallahassee, Florida 32399-1007 Telephone &50- 3-3140/ Facsimile 850 - 488-5074 CERTIFICA, & OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: e sated | HEREBY CERTIFY that a true and correct copy of the foregoing ORI has been hand served by me on this day of. , 2001. Received by: : Inspector's Signature Operator's Signature Title Title Case No: 4-01-3862 Revised 9/19/2004 License No: 74-00039-R Business Narre: CHINA DRAGON RESTAURANT Spee roge ape OOO ORR SERS opr ce copper = TERE OCOD TTT RETR ENE REE Te = License #: 74-00039R FY le n "> Boe A Case #:04-01- 362 Exhibit A Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on August 6 and September 6, 2001 the licensee was in violation of Florida Statute 509({FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars: 1. *53b-1 509.049 FS Food service employee training.--The division shall adopt, by rule, , minimum food safety protection standards for the training of all food service employees who are responsible for the storage, preparation, display, or serving of foods to the public in establishments regulated under this chapter. These standards shall not include an examination or certification. It shall be the duty of the licensee of the public food service establishment to provide training in accordance with the described rule to all employees under the licensee’s supervision or __ control. The licensee may designate a certified food service manager _ to perform this function as an agent of the licensee. THERE WAS NO APPROVED EMPLOYEE TRAINING VALIDATION AVAILABLE. 2. *45-9 NFPA 10, 4-4.1 ...extinguishers shall be subjected to maintenance, not more than one . year apait... THE TAGS ON THE 40BC AND THE ABC FIRE EXTINGUISHERS INDICATED THEY WERE LAST INSPECTED/SERVICED ON 6/2000. 3. 05-5 4-302.12 FC FOOD TEMPERATURE MEASURING DEVICES. FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. THERE WAS NO THERMOMETER INSIDE THE GE COOLER. Exhibit A Page 1 of 2 v PRC one orm Saat css dt oeletemis ned cok ante eae - rece cee STROBE Pe rere a ’ License #: 74-00039R Case #: 04-01- 4. *08a-18° 5.17-1 362 3-305.11 FC 4-302.14 FC FOOD Siorage. . , - (A) Except as specified in ({ (B)and (C) of this section, FOOD shall be protected from contamination by storing the FOOD: (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. : THERE WERE NUMEROUS CONTAINERS OF FOOD PRODUCT ON THE FLOOR INSIDE THE WALK-IN COOLER. SANITIZING Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in mg/L of SANITIZING solutions shall be provided. : THERE WERE NO TEST STRIPS AVAILABLE. Exhibit A Page 2 of 2 ne ah A ee aaa aie ieee ae a = = ge ET

Docket for Case No: 01-004554