Aug 23 2005 10:59 ge/23/ 28685 18:58 8584146749 DEPR OGA PAGE @d4/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VS, License No. 5402803 DEPOT DINNER. dent License Type 2010 Permanent Food Service sepondent. Case No, 2005023314 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DEPOT DINNER, (“Respondent”), and says: 1, Petitioner is the state agency charged with regulating the operation of public ladging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2, Respondent is, and has been at al! times material hereto, licensed by or subject to the jurisdiction of the Division of Hotets and Restaurants. The respondent's business address of record is B29 FLEMING ST, KEY WEST, FLORIDA 33040,The mailing address of record is DEPOT DINNER, at 829 FLEMING ST, KEY WEST, FLORIDA 33040, 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 aperation of the establishment, The violation(s) found and applicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspectian documents are attached as Exhibit "B’, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the fallawing penalties: administrative fine not to exceed $1,000 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 ri Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or thi i Signed April 26, 2005 Shannie Kalla, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEFARTMENT: Charles F. Tunnictiff, Lead Attornay Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5779 9687 | HEREBY CERTIFY that a true and correct capy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me an this day of , 2005, Received by: Inspector's Signature Operator's Signature Title Title Case Number 2006023314 Form revised 04.10.05 District Number: 01 License Type: 2010 Permanent Faod Service License Number, 5402803 DEPOT DINNER Aug 23 2005 ge/23/ 28685 18:58 8584146749 DEPR OGA PAGE 45/14 License Number: 5402803 License Type: 2010 PERMANENT FOOD SERVICE Gase Number: 2005023314 Exhibit A “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cade. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by referance at Chapter 44-3, “Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. It is alleged that on February 8, 2005, March 9, 2005, and April 11, 2005, 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4, 834-01 509.039 FS AND 61C-4.023(1) FAG ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION, THE MANAGER IS MICHAEL LARSON. Exhibit A * denotes critical violation 5 4 age Case Number: 2005023314 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5402803 ge/23/ 28685 18:58 8584146749 Aug 23 2005 11:00 DEPR OGA PAGE 46/14 E'BITB =: STATE OF FLORIDA “7 DEPARTMENT OF BLISINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dhpr CALLBACK INSPECTION REPORT LEGAL NOTICE Faijure te comply with this Notice may Initiate on administrative complaint that may result in suspension or ravecation of your Heensa 4/44/05 1:11:33 PM Callback Inspection Date and Time LARSON MICHAEL Owner Name BEPOT DINNER Business Name 4 Number of Units 229 FLEMING ST and fines, Wamina SEAsda2803 SEAT Tnspection Reason wee License Number ADMINISTRATIVE COMPLAINT recommended, 305-283-4845 Area Code/Telephone Number Trapection Result 03/09/2005 Tnitlat Warning Date KEY WEST FL 33040 Requested Callback Date/Time Address 7 City | State j Zip / etc. Conant iclation; 524-01 lolation: B3A-01 [The following item(s) are in compliance: The following item(s} have been recommended for Administrative Complaint: Observed manager tacking aroof of Feod Manager Certifleation. This violation must be corrected by ; 03/08/05, lobserved manager lacking proof of Foad Manager Certification. ‘This violation must be corrected by : 03/08/05. aAytyos Cate Signature of Recipient _— Inspector Signature - ~ Recipient: Michael Larson acwe none please contact: Tite Owner SENIOR INSPECTOR Phone: 305-293-4545 850-497-1395 DEPR Porm HR S022-005 Aug 23 2005 11:00 48/23/2685 16:58 8584146749 DEPR OGA PAGE a7/ld eur "_HIBIT B Page 2 7 STATE OF FLORIDA ~ License Nuraber DEPARTMENT OF BUSENESS AND PROFESSIONAL REGULATION shat SEAS 4oze03 DIVISION OF HOTELS AND RESTAURANTS Wakes wh. thyfloride.com/dbpr Ausiness Meme DEPOT DINNER Inspection Date 4¢h4/08 1:11:33 PM Fotlure to comply with Chis Motice may Initiate an admisistrative complaint that may reault fy suspension of revocation of your Heenae and fines. CALLBACK INSPECTION REFORT LEGAL NOTICE Wiclation: 45-10 | : ‘Observed portable extinguisher with tag outsofdate. This violation must be corrected by ; 03/08/05. iotation: 45=10 Observed portable ectinguisher with tag out-of-date, This viclation must be corrected by : 03/08/85. = lations 45-14 lbserved portable extinguisher not properly mountad at least 4 inches off the floor and the top no higher than 5 feet off the Floor. ation: 45-14 = observed portable exlinguisher not properly mounted af least 4 inches off the floor and the tog no higher than 5 feet off the floor. DBO® fons HR §OR-UaS Aug 23 2005 11:00 68/23/2065 16:58 B5e4146749 DEPR OGA PAGE EBT B STATE OF FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE ae/1d Failure te comply with this Natice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. 3/9/05 12:10:54 PM Warning SEAS4O2803 SEAT Callback Inspectian Date and Time ~ Thepection Reason — Lieense Number LARSON MICHAEL _— Fame Edended 305-293-4545 Owner Name Area Code/Telephone Number DEPOT DINNER i Business Name ~ Trspection Result 4 4708/2005 03:00 AM 02/08/2005 Nurabar of Units —_ Requested Callback Date/Time ™ Tritial Warning Date 829 FLEMING ST KEY WEST Fl. 33040 Address / City f State / Zip 7 etc. Comments islon was given because of = misunderstanding between this inspector and the license helder, The fire equipment company was called and they verified that they are missing @ part tn finish the matntanence. [The fallewing item(s) have been submitted for a Time Extansion: iolation: 45-10 (Observed portable extinguisher with tag out-of-date, This violation must be corrected by : 03/08/05. Niolation: 45-10 ‘Observed portable extinguisher with taq out-of-date. This viclation must be corrected by : 03/08/05. folation: 48-14 3/0/05 Date moe ‘signature of Recipient _ ° Inspector Signature ~~ Recipient: Michael Larson For further information please contact: . ROBERT MOKROS Title Owner SENIOR INSPECTOR Phone: 308 294-4545 850-497-1395 DBPR Porm HR 8022-005 Aug 23 2005 11:01 ge/23/ 28685 18:58 8584146749 DEPR OGA PAGE @g/1d4 HIBIT B Page 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT — SEAS402803 www. myflorida.com/dbpt Business Name DEPOT DINNER CALLBACK INSPECTION REPORT LEGAL NOTICE Inspection Date B/MO5 12:10:54 Pi Fallure to comply with this Notice may initiate an administrative complaint that may result In suspension of revocation of your ficense and fines, _ ‘Observed portable extinguisher net properly mounted at feast 4 inches off the floor and the top no higher than 5 feet off the floor, isiation: 45-14 \ observed partable extinguisher net progerly mounted at least 4 inches aff the floor and the top no higher than 5 feet aff the floor. lolation: 534-02 jOhserved manager lacking proof of Food Manager Certification. This violation must be corrested by ; 03/08/05. folation: 5SA-04 JObserved manager lacking proof of Food Manager Certification. This vielation must be corrected by ; 03/08/05. The following item(s) are ih cormpllance: lalation: 02-08 ‘Observed ready-to-eat, potentially hazardous food held more than 24 hours with no date marking. Miolation: 02-08 Observee! ready-to-ent, potentially hazardous food held more than 24 hours with no date marking. lolation: 08-01 served bare hand contact of ready-to-eat food by employees. No approved Alternative Operating Procedure Is in effect. This violation must be corrected by = 3/08/05, Violation: 09-01 Observed bare hand contact of ready-to-eat food by employees. No approved Alternative Qperating Procedure is in effect, this violation must be corrected by : 03/08/05. . folation: 15-01 Observed shelves attached to walls in walk-ins and reachains not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable! leiation: 15-01 Observed shelves attached to walls in walk-ins and reach-ink not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable, iolation: 22-02 Observed encrusted matenal on potato cutter. ! Migiation: 22-02 DBPR Form MR $072-008 ge/23/ 28685 18:58 Aug 23 2005 11:01 8584146749 DEPR OGA PAGE 1@/1d4 HIBITB ems — STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT $EA5492803 DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Business Name DEPOT DINNER, CALLBACK INSPECTION REPORT Ingpeetion Date LEGAL NOTICE 3/9/05 12:10:54 PM Failure to comply with this Notice may initiate an adminietrative complaint that may result in suspansion or revocation of your license and fines. Observed encrusted material on patate cutter, Miolation; 31-08 ‘Observed tollet rooms not conveniently located and accessible, iolation: 31-08 observed toilet roars not conveniently located and accessible, Miolation: 32-02 Observed lack of handwashing sign ata handsink used by food employees. " HAND WASHING ONLY " lolation: 32-02 bserved lack of handwashing sign at a handsink used by food employees. HAND WASHING ONLY “ iolation: 32-08 Observed lack of proper hand dhying provisions at hand wash sink. violation: 32-02 Observed lack of proper hand drying provisions at hand wash sink. iolation: 32-09 , Observed lack of proper hand drying provisions at hand wash sink, folation: 32-09 JObserved lack of proper hand drying provisions at hand wash sink. iotation: 32-17 Observed uncovered receptacle in women's bathroom, Miolation: 32-47 Observed uncovered receptacle in women's bathroom. iojation: 42-02 Observed wet mop nat hung to dry. Miolation: 42-02 DBPR Form He 5022-005 ae/ 23/2085 18:58 Aug 23 2005 11:01 8584146749 DEPR OGA PAGE 11/14 EHIBIT B rae _ STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGLLATION SEAT SEAS 4CaBO2 DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Business Name DEPOT DINNER CALLBACK INSPECTION REPORT Inspection Date LEGAL NOTICE 3/8/05 12:40:54 PM Failure to comply with this Notice may Initiate an administrative complaint that may result it suspension or revocation af your Ianse and finas. (Observed wet map not hung to dry. ' Mielation: 47-01 i] Observed extension cord in use for non-termporary petted. Violation: snot lobserved extension cord In use for non-temporary period. lolatian: 51-04 lolation: 81-04 lolatian: 51-05 Violation: 51-05 iolatlon: 52-19 tolatlon: 54-13 Observed no Heimtich maneuyer sign posted. JObserved no Heimlich maneuver sign posted. JObserved no copy of latest inspection report, Observed ne copy of latest inspection report. \Gbserved nine seats, when only licensed for four. Chservedd nine seats, when only lleansed far four, tape Form 4% 5022-005 ge/23/ 28685 18:58 Aug 23 2005 11:01 8584146749 PAGE 12/14 STATE OF FLORIDA LEGAL NOTICE [“HIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HGTELS AND RESTAURANTS waew. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your ficense SEAB402803 SEAT License Number and fines. 2/8/05 12:04:40 PM Routine Inspection Date and Time Inspection Reason LARSON MICHAEL WARNING: Owner Name DEPOT DINNER Violations in the operation af yaur {establishment must be corrected by: 205-293-4545 Area Code/Telaphone Number Business Name inspection Result 4 03/08/2005 OB:00 AM 01-OCT-05 Nurtber of Units Callback Date/Time 829 FLEMING ST Ueense Expiration KEY WEST Pl. 33040 Address | City | State 7 dip / ete. Trem O03: Food Temperatures Item 538: Cert, Food Managers Tem 20: Warewashing Sanitization Ttam 45: Fire Extinguishers and Fire Suppression Systems Dates Manager Narne: NONE Certifleation | Date: NONE Certified by: Other Approved Corporate Tralning Gyro mast, reach in coater, 12 Degress F, (Roast beef, reach in colar, 42 Deagrand F. Hatdags, reach In cooler, 42 Degrees F. *A Hacd Supprassion tyne Fire Extinguisher, found infat kitchen has a cortification date of os/03 A Hood Suppression type Fire Extinguisher, found in/at kitchen has a certification date of 05/03 8 Class K type Fite Retinguisher, four infat kitchen has a eartifieation date of 05/03 Inspector's Comments @ operator was given the information about food handler training, recard keeping, and proof, rr minors are working here, 1 acknowledge recelpt of this Inspection form and comments. GA Mads 2/8J05 tee Signature of Reclplent — Inspector Signature : Date . i _ her information pleas tack: Recipient: Michael Larson For farther i fn please con! ROBERT MOKROS Tie Owner INSPECTOR Phone: 305-293-4545 i STATUS - SOURCE “STATOS™"T “I Yes “PrOia Approved soures Yes #036 Hot food at proper temperatura | en — | Yes “O1b Wholesome, saund condition Yes “O3c Foods properly cooked/rahested ; Vege _ ts or ' Blo 188 Original contalner; properly labeled, date marking Yos *03d Foods properly conled STATUS PHF TEMPERATURE CONTROL Yes “04 Pacilities to maintain product temperature eee 7 t Yes |*0da Cold food at proper temperatures during storage, display, ‘Yes #05 Thermometers provided and conspicuously placed : ;service, transport, and cold holding Yes : ive 05 Potentially hazerdeus foods properly thawed ae i eer gc . aan . se _ Violations marked with an asterisk are erttlcal wolatlons, Items marked YES are In compliance. Stems Marked NO are Vidlatlons. Specific detalls af violation are fisted on subsequent pages. Thems marked N/A are Not Applicable, Items Marked a8 N/O ate Not Observed, and were nm being condueted at the tht af inspection. DBPR Form HR 5022-015 ae/ 23/2085 18:58 8584146749 Aug 23 2005 11:02 DEPR OGA i STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: www. myflorida.com /dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE PAGE 13/14 VE HIBIT B once License Number SEAT SEAB402803 Inspection Date 2/8/05 12.0440 PM Fallure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license STATUS | PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL Yes *07 Unwrapped or potentially hazardous food not rée-served hes EF] Containers covered, adequate hurnber, insect and rodent — Yes Ba Food protection during storage, preparation, display, proof, emptied at proper intervals, clean pervice, transpertation Yes 4 Qutside storage area clean, enclosure properly conetructed | Yes “FFOb Crass-contamination, equipment, personnel, storage | | Yes ‘*08¢ Potential for cross-centamination; storage practices; STATUS INSECT AND RODENT CONTROL, | damaged food segregated Yes "35a Presence of insects/rodents, Animals prohibited Pog Foods handled with minimum contact Yos 356 Outer openings protected from Insects, rodant proof { 10 In use food dispensing utensils properly stored FLOORS, WALLS, CEILINGS PERSONNEL Yes 36 Floors properly constructed, clean, drainecl, coved “Hid Personnel with infections restricted Yes ey Walls, ceilings, and attached equipment, constructed, clear *12a Hands washed and clean, good hygienic practices (observed), akemnative operating plan Yes 38 Lighting provided as required. Fixtures shielded i Yes Tab Proper hygienic practices, eating/drinking/amoking «| Yes 39 Rooms and equipment - vented as required evidence) status | OTHER AREAS i Yes 13 Clean dothes, hair restralnts Yes 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS “es “lila Toxic terns properly stored = SsC