frig r [foe me P) STATE OF FLORIDA 05 Noy ial DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ~7 py DIVISION OF HOTELS AND RESTAURANTS tH [2 16 DEPARTMENT OF BUSINESS AND — ADM ype OF BRORESSIONAL REGULATION 4 * O4 HEAR SAT Patitioner. - RINRS IVE vs. 0 License No. 5902123 : SCOTCH CORNER License Type 2010 Permanent Food Service Respondent Case No. 2005046335 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’). files this Administrative Complaint against SCOTCH CORNER. (‘Respondent’). and says: 4 Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service astablishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 3, Respondent is, and has been at all times material herato, licensed by or subject to the jurisdiction of ihe Division of Hotels and Restaurants. The respondent's business address of record is 4657 W. JRLO BRONSON HWY, KISSIMMEE, FLORIDA 44746, The mailing address of record ig SCOTCH CORNER. al 3710 PATRICIAN CIRLE, KISSIMMEE, FLORIDA 34746. 3 Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, ang / 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. Inspection documents are attached as Exhibit “B’. incorporated herein by reference. WHEREFORE. Petitioner respectfully requests entry of an Order imposing ane or more of the following penalties: administrative fine not to exceed $1,000 per offense, mandatory attendance al Respondent's expense alan 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 September 06, 2005 1 j i Aes Vos tere Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F Tunnicliff, Lead Atlorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE CERTIFICATE OF sea BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ee THEREBY CERTIFY that a true and correct Copy of ihe foregoing ADMINISTRATIVE COMPLAINT has been 2005. nand served by me on this, day of , 200 Received by: inspector's Signature Operator's Signature Title Title 35 Form revised 25 33 ive} case Nurnper 2005 42 District Number. 04 2 SCOTCH CORNER License Number. 5902123 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005046335 Exhibit A “EC” as cited herein references specific provisions of the Food Code. Recommendations of the United States Pubtic Health Service. Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. ‘NFPA" as ciled herein references specific provisions of the National Fire Protection 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 Mav 14.2005 and June 14, 2005 ine licensee was in viotation of Florida Statute 509(F 5) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the foliowing oarticulars. Copy(s) of the reportis) for the above referenced inspection{s} are attached hereto and incorporated by reference as Exhibit B. 4.23-01 4-601 11(C) FC NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIOUE, AND OTHER DEBRIS. THERE WAS A GREASE BUILD-UP ON THE HOOD FILTERS. + 9.3411 5-205.11(A) FO OA HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HANDWASH SINK WAS NOT ACCESSIBLE FOR EMPLOYEE USE. IT WAS BLOCKED AND COULD NOT BE SEEN. . 3. 32-17 5-801.17 FC TOILET ROOM RECEPTACLE, COVERED. A TOILET ROOM USED BY FEMALES SHALL BE PROVIDED WITH A COVERED RECEPTACLE FOR SANITARY NAPKINS. THERE WAS NO COVERED RECEPTACLE IN THE WOMENS BATHROOM. 4.36-03 6-501.12 FC CLEANING. FREQUENCY AND RESTRICTIONS. (A) THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. (B) CLEANING SHALL BE DONE DURING PERIODS WHEN THE LEAST AMOUNT OF FOOD |S EXPOSED SUCH AS AFTER CLOSING. THIS REQUIREMENT DOES NOT APPLY TO CLEANING THAT |S NECESSARY DUE TO A SPILL OR OTHER ACCIDENT. THERE WAS GREASE ACCUMULATED UNDER THE COOKING EQUIPMENT BEHIND THE MICROWAVE. 542-09 6-501.114 FC MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER. THE PREMISES SHALL BE FREE OF: (A) ITEMS THAT ARE UNNECESSARY TO THE OPERATION OR MAINTENANCE OF THE ESTABLISHMENT SUCH AS EQUIPMENT THAT IS NONFUNCTIONAL OR NO LONGER USED, ANO (B) LITTER. THERE WERE UNNECESSARY ITEMS ON THE PREMISES STORED UNDER THE HOOD " 6. 48-17 NPFA 96, 8-2 INSPECTION. AN INSPECTION AND SERVICING OF THE FIRE- EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE- ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. THE FIRE SUPPRESSION SYSTEM TAG WAS OUT OF DATE. IT WAS LAST TAGGED ON 4/2004. Exhibit A + denotes critical violation Page 1 Case Number: 2005045335 License Type: 2010 PERMANENT FOOD SERVICE License Number” 5902123 554-04 509.2131) FS EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHICH ILLUSTRATES AND DESCRIBES THE HEIMLICH MANEUVER PROCEDURE FOR RENDERING EMERGENCY FIRST AID TO A CHOKING VICTIM IN A CONSPICUOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES. THERE WAS NO HEIMLIGH MANEUVER SIGN AVAILABLE. + 3. 534-01 509.039 FS AND 61C-4.023(1) FAC 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 1S VALID FOR & PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. THERE WAS NO CERTIFIED FOOD MANAGER FOR THIS ESTABLISHMENT. + §.53B-01 509.049 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. BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. 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. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 4, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF REQUIRED EMPLOYEE FOOD HANDLER TRAINING. + denotes critical violation Exhibit A Case Number: 2005046335 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number’ 5502123 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: www. myflorida.com/dbpr iT CALLBACK INSPECTION REPORT OV. ? LEGAL NOTICE D/ es 12 Vis ‘ Failure to comply with this Notice may Initiate an administrative complaint that may result In susp HOF your I & 7 and fines. f 3/14/05 6 PM . Warning caltback Inspection Date and Time inspection Reeson RET ENTERPRISES, INC. w [ROMINISTRATIVE C 35 05/11/2005 Namber of Units noes dequested Callback Date/Time : initial Waring Date 4557 WW. IRLO BRONSON HWY KISSIMMEE FL 34745 Sddvess {Cay [State / Zw / ete. . oe : ” soem Comments The bar is fully operating, this location has bulk items in react cooler like Jamaican beef patties,fish, stuff chicken breast, beef sirloin(for steak sand! country fried steaks,pot pies,beel franks, chicken tendersand other items that are cook in the micrawave a6 per conversation with the operator. None of the violations has been corrected. There have been 2 other extinguishers that has been reinspected date 05 2005 from united fire. The fullowing item(s) have been recommended for Administrative Complaint: Yiolation: 23-01 Observed duila-up oF grease an nonfood-contact surface.Haod filters. Violation: 31-14 Observed handwash sink apt accessible for employee use at all times.Block it can't be seen. ‘fiolation: 32-17 ey iad Date uO : Signature of Recipient Inspector Signature Recipient: Doug Barlow Far further information plesse contact: Tith = . Jesica Rivera We Person left watchig the bar Safety Sanitation Spacialist 400 West Robinson St. Suite 802 Onlando,Florids 32801 Phone: 367 397 3523 850 487 1395 RPE Poesy POF Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS.AND PROFESSIONAL REGULATION SEAT SEASOO223 DIVISION OF HOTELS AND RESTAURANTS : — ww. myflorida.com /dbpr Business Name ft UD ET sbdrer CORNER CALLBACK INSPECTION REPORT ital spection Date 6/14/05 2:42:06 Pe Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. LEGAL NOTICE Observed uncovered receptacle in women's bathroom. Violation: 36-03 Observed grease accumulated under cooking equipment. Behind microwave. ‘Vielation: 42-09 Observed unnecessary items on the premise.On the kitchen under the hood.Heavy build up of all source of items. Violation: i) Observed portable evtinguisher with tg out-of-date.K class 05 2004 last tag. “figlation: 45-47 Observed hond suppresston system tag out-of-date.Expired 7 months last tag 04/2004. Violation: 51-04 Observed no Heimlich maneuver sign posted. Violation: 53A-02 Observed no Certified Food Manager for establishment. Violation: 536-91 Observed no proof cf required employee training. Violation: 56-01 Observed copy of Florida Statute 509 not available in the establishment.can obtain by calling 3 800 704 1076. HR SPT ONS STATE OF FLORIDA Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE 9 comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. . 5/34/05 2:35) i . Routine §902123 inspection id Time Inspection Reason ne . License Number AMBRIT ENTERPRISES, TNC sean WARNING: —_ ohvner Name {Violations in the operation of your ee sesteblishment must be corrected by: Siephone Number jngaedion Resale 06/13/2005 08:00 AM 04 01 2006 Callback ‘Date/Time — License Expiration 4857 W. IRLO BRONSON HWY KISSIMMEE FL 347: ‘Ratiress [City 7 state Tain Pete. eee ee sess os nemrmmermsg eT em 20: Warewashing Sanitization item: 03: Food Temperatures Item 53a: Cert. Food Managers (Item 45: Fire Extingulshers and Fire Suppression Systems Dates | Sanitizer Type: Net Set Up found at pcos ABC al tend inves H ‘dining fac ification date of G4 da, ' concentration of © PPM. ie chase BE ype Fe Eatinguishe, found nat H Uiutchen has a cerification date ef 10 2003 i 4 © A Hood Suppression typ Fire Exinguisher, Hound infat hkehen Ras a certification date of G4 (a. report available, ines tyre Fire Erainguisher, found inf han has a celtitication sate of O5 GF 1 inguisner, found injat nee tent eters si -gateriak (=) indicate a vio tion | Inspector's Comments fio bare hand contact with ready to eat fonds,gloves and utencils in Use ' for food preparation test strips and thermometers are avaitable.Last division report 1S available. Copies of the fast bulletin on FDA few adoptian has bean issue. All: violations must be corrected by JUNE 13 2005. : Provided info for Mar and employees certification. Water Source: Municipal/ Utility. Sewage: Municipal/Utility. Employees trained by National Registry of Food Safety Professionals Far only 1 person. Emoloyee present Jacking training. Provided Web Site: enw hospitalityeducatian.org. Lacknowledge recelpt of this Inspection form and camments, “Signature of Recipi nt “Inspector Signature For further information please contact: Date Recipient: tartha Zapata Title PIC Jesica Rivera - - : Safety Sanitation Specialist 400 West Robinson St. Phone: 407 397 3523 Suite B02 Orlando, Florida 32801 . 50 487 1395 BHF TEMPERATU RECONTRO *03b Hot food at proper temperature ~ “SOURCE B Approved source -" ip Wholesome, sound con properly cooked) renes date marking EMPERATURE CONTROL a “2039 Cold food at proper saperstuces during storage, service, transport, and ¢old holding nal container; properly cus foods propery thawed jrolanions marked with an asterisk are critical Gielalions, Tlems marked YES aren compliance. Items Harked tO are Cioations, Specific details of Violation are listed on Subsequent pageE jlems marked 1A are Rot Applicable. items Marked as N/O are Hot ‘Observed, and were BOL being conducted at the fine of inspectians BPR Form HR 52? os Page 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT ga02123 www. myflorida.com/dbpr Ey LPiOry Al | i Rt Jeosction bate FOOD SERVICE INSPECTION REPORT syyjos 2:35:13 PM LEGAL NOTICE istrative complaint that may result in suspension or revocation of your license _ and fines... ENTE rc aT 0-1 rerun w STATUS i GARBAGE AND REFUSE DISPOSAL i Failure to comply with this Notice may initiate an admin ~ segs SHE FEMPERATORE CONTROL ped ar patentially ha Zerdous food not re-served dequate ‘Dumber, insect and rodent ~ ~~ "SY Containers cover ve era ee o een nt en pam eT eipertne reer roof, emptied at proper intervals, clean Yes *G8a Food protection during storage, preparation, display, . P vamp prop ' j service, transportation Yes arage prea clean, enclosure prop constructed Yag S08b Cross-contamination, quipment, personnel, storage ~ ' = eee oe tear cmemmenatne = ees — —— - nee wa} ba ce mtn ee em cen ee _ yes OB Potential for cross-contamination; storage practices; AND RODENT CONTROL ' food searegated ‘Yes Tesence of insects/roden! als pronibited damaged “ ao mesa Outer OpANings protected from insects, rodent prcof ALLS; CEILINGS & tiean, drained, coved food dispensin ched equipment, constructed, clean Yes “lat ‘pareonnél with infections ¢ "Yes 7 . ‘S438 Hands Washed and ‘Clean, good hygienic practices , observed), alternative operating plan res shiel ‘aga ieee {evidence) ngfarinking/smoking Employee lockers ‘provi le 41a Toric items properly stored F4ib Toxic iterns jabeled and used properly ae ene eno SE ke, ESSAY Tt 42 Premises maintained, free of litter, unnecessary ardc! jeaning and maintenance equipment properly stored. Kitchen vrestricted to authorized personnel installed, tocated acigned, constructed, maint “Tg nonifood contact surfa installed, focated Yee eT Bishwashing fadiities Aczignady Gonsinicked, operate ‘Wash 2. Rinse 3. Sanitize r:) Gas appliances ‘properly, stored _ _—— 19 Flame “ambustibie materials - prone 21 iping doths Clean, u ~ 22 Food contact surfaces of equipment and utensils ant Ticense properly displayed urfaces clean operation hed or pdvertised relating 1 Gther condi sons Sanitary and si SENGLE SERVICE ARTIC ecicepmasleading statements e items ‘properly, ‘stored, handled, dispensed Gingie service articles not reused ingle see ee mec ETBUMBING a: —— WATER AND SEWAGE/PLUMBING ‘old ‘Under pressure “wy¥ Water Source safe, nd waste vater disposed properly i . . sTgad maintained ~ NS Sater 608, Florida Statut ie “Back siphenage, bac “53g Sewage and M ‘mation provided STATUS No” 132 Teilet designed, installed went tee Ne “733 Restrooms with geif-ciosing doors, tures ‘operate propery, . : og facility clean, supplied with handsoap, disposable towels oF hand - Total Number of COS Viclations: 0 ry jevit is! cf racles iolati drying devices, tissue, covered waste Feceo: cle : Total Number of Repeat Violations: t ed YES art in compliance. Ilums Marked WO are viglations. Observed, and were not being cunducted it the time of inspection pecitc uetails af violation are fisted an subsequent pages. Yintations marked whh an ast ems marked NiA are Hot Applicable. lems mnie Pewee HN FONT AE >. STATEOF FLORIDA : Page 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — License Number A OTTON OF HOTELS AND RESTAURANTS FV] 1172 (7 seat. 5902323 e EXHIBIT B .myflorida.com/dbpr \ 1 | Di fepection Date FOOD SERVICE INSPECTION REPORT 5/1205 2:35:23 PM LEGAL NOTICE Fallure to camply with this Notice may initiate an administrative complaint that may result in suspension oF revocation of your Vicense and fines. \ inlation(s)}: yes ~ Observed build-up of grease on nonfood-contact surface.Hood filters. Ae 3i-11 - Observed handwash sink not accessible for employee use at all times. < 32-17 - Observed uncovered receptacle in women's bathroom, 26-03 - Observed grease accumulated under cooking equipment. Behind microwave. eta-09 - Observed unnecessary items on the premise.On the kitchen under the hood, Chere? D 5 Fe) C. 43.40 - Observed partable extinguisher with (ag out-of-date. Kl oud, oO uf K- Nosy ghs-17 - Observed hood suppression system tag put-of-date.Expired 7 months bot Tone oO Y 1] Y (41-04 - Observed no Heimlich maneuver sign posted. we - Observed no Certified Food Manager for establishment. \ 538-01 - Observed no proof of required employee training, yer ~ Observed copy of Florida Statute 509 not available in the establishment.Can obtain by calling 4800 704 1076. onan HA SCID OLS

Docket for Case No: 05-004097