7 ¢ STATE OF FLORIDA abe SA e DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “@'s,///-. “DIVISION OF HOTELS AND RESTAURANTS é DEPARTMENT OF BUSINESS AND nts PROFESSIONAL REGULATION Ds - OOS oY Petitloner, vs. License No. 5810406 NYPD PIZZA & ee! dent License Type 2010 Permanent Food Service esponcent. Case No. 2005053976 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner), files this Administrative Complaint against NYPD PIZZA & DELI, ("Respondent’), and says: ¢ ; 1. Petitioner is the state agency charged with regulating the aperation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Réspondentis, and has been.at all times material hereta, licensed by or subject to the jurisdiction of the Olvision of Hotels and Restaurants. The respondent's business address of record is 2589 S HIAWASSEE RD, ORLANDO, FLORIDA 32835.The mailing address of record Ils NYPD PIZZA & DELI, at 1701 PARK CENTER DR SUITE 350, ORLANDO, FLORIDA 32835. 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, Inspection documents are attached as Exhibit "8", Incorporated herein by reference. : . WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more of the following penaities: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license Issued pursuant to this Chapter, and/or any ather relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed October 18, 2005 i “ Wi CALL AAS TPO AL Valerie Freeman, District Manager By delegation of the Direclor, or designee Division of Hotels & Restaurants Department of Business & Professional Regulatlor COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: RATIVE COMPLAINT has been | HEREBY CERTIFY that a true.and correct copy of the foregoing ADI AS served by me on thse dey of De DOAN? § Ye: of Le We: N Received by: Va lil : pectoris Signaturs: ° @perator’s Signature | ine = GAciot ream.) Se : y EMEC ta filbastatrar” LHC ort Title . Title Case Number: 2005053976 Form revised 08.13.05 District Number; 04. Ucense Type: 2010 Pannanent Food Service License Number: 5810408 NYPD PIZZA & DELI ecd 2so0sre.or 4asn adad d4S$:?10 SO so License Number: 5810406 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005053976 Exhibit A “EC" 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 Adminisirative Code, "NFPA" as cited 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. [tis alleged that on AUGUST 16, 20005 AND AUGUST 17, 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. * 4.03A-07-1 3-501.16(A)FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME I$ USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS | COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; . OBSERVED POTENTIALLY HAZARDOUS FOODS WERE COLD.HELD AT GREATER THAN 414 _ DEGREES F. PEPPERONI WAS FOUND AT48 DEGREES F, * 2,04-01-1 4-301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLDING EQUIPMENT NOT ABLE TO MAINTAIN POTENTIALLY HAZARDOUS FOODS AT 41DEGREES F OR BELOW. * denotes critical violation Exhibit A Case Number: 2005053976 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5810406 . “Ul Wu tO ous NOGCK GM bcc eck wR eV State of Florida ay mane Department of Business and Professional Regulation EXHIBIT BDivision of Hotels and Restaurants www. hospitalityeducation.org EXHIBIT B (CFOOD SERVICE [_NSPECTIONSTIME: Ci LODGING SINSPERTION DATEL Sutlix Month i Day Month Day Year File Number [REASONS WARNING OF [] wane ro j! ‘Bieri Clcomntied Balearing requested DIRECT NOTICE: snow cause © Pre-conference JSINot complied Clout of business Failure to bein compliance You will be issued a Notice to Pre-hearing with this notice at any Show Cause why sanctions {JOn Stipulation ’ future inspection may should not be assessed against [7]0n Hearing Order Time extended date, tt result ina direct Notice to your license, A bearing will be Other: time: Show Cause. held at a time and place to be panned | designated by the director, Owner Name: Ne \ wor ack. fezeac il Lox ausines Name: NYP Kea + a (2 Ve 4 Business Address: SEC => = CSS KY Mark q —————_ Fusiness City: Oslc fa CAAC Ce fos a Qaurh AAP 48 TRG ai be > * Focal nhs nou SG SEN oC ian “fear ton less satet ico “Ol Qi Cack QO. werk ertlec te aN cles iA AAR ekasecee WAC. FUL . Were: AL adtstanding viclatuaas Must vad, Ceexe Cen CQ Joy agate Ktiot \e Wee © an) KAY THLE Ce o~ Pig eee PRINT) bs €sciy~ tee Dic Ase Bel : HEC IENT'S SH MATURE AL: Y TA Th TEE oye DBPR Form FIR 5022-005 DATE. ex 2002 February 08 MyFlorida.com B/16/05 2:25:50 PM Inspection Date and Time NEW YORK PIZZERIA DELI IL INC DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: www. myforida.com/dbpr EXHIBIT B FOOD SERVICE INSPECTION REPORT 7 LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation af your license and fines, Routine 5810406 SEAT Inspection Reason License Number WARNING: 2938880 Owner Name NYPD PIZZA And DELT Violations in the operation of your establishment must be corrected by: Area Code/Telephane Number Business Name Inspection Result 90 08/47/2005 06:00 AM 4/4f06 Number of Units Callback Date/Time License Expiration 2589 S HIAWASSEE RD ORLANDO FL 32835, Radress | Cty 7 State 7 Zip [ etc. Item 03: Food Temperatures Ttem 53a: Cert. Food Managers Ttem 20: Warewashing Sanitization Jtem 45; Fire Extinguishers and Fire Suppression Systems Dates Poultry, walt station, 40 Degrees F. cheese, prep area, 42 Degrees F. meatball, walk in cooler, 40 Degrees F. “meatball, plaza area, 54 Degrees F. *p-roni, pizza area, 48 Degrees F, meatball, prep area, 154 Degrees F, HEP Manager Name: Shawn Lynch Certification Date: 2/14/06 Certified by: Farenheit. NOTE: Items marked above with an asterisk (*) indkate a violation Inspector's Comments prinkler 6/05, FAP 12/03 STRIPS OK, LAST INSPECTION OK, FIRE SUPPRESSION REPORT OK. Sanitizing Temperature Is 180 Degrees ‘AHood Suppression type Fire Extingulsher, | fas Infat kitchen has a certification date of A Class K type Fire Extinguisher, found Injat Kitchen has a certification date of 2/05 Lacknowledge receipt of this inspection form and comments. gage SNlegrn 8/16/05 Date Signature of Recipient tor Signature Recipient: JASON ZAGORSKI . For further information please contact: Title MGR 40 WEST ROBINSON ST SUITE 802 NO TOWER Phone: 4072938880 ORLANDO, FL 32801 850-387-1495 STATUS “SOURCE STATUS “PHF TEMPERATURE CONTROL] Yes *01a Approved source Yes *03b Hot food at proper temperature Yes *01b Wholesome, sound condition Yes *03c Foods properly cooked/reheated No me Original container; properly labeled, date marking Yes *03d Foods properly cooled : STATUS PHF TEMPERATURE CONTROL. No *04 Facilities to maintain product temperature — No *03a Cold food at proper temperatures during storage, display, |No *05 Thermometers provided and conspicuously placed service, transport, and cald holding Yes 06 Potentially hazardous foods properly thawed { Violations marked with an asterisk are critical violations. Tlems marked YES are in compliance. Rems Marked NO are violations. Specific details of violation are listed on subsequent pages. Ttems marked N/A are Not Applkable, Items Marked as N/O are Not Observed, and were not being conducted at the time of inspection, DBPR Form HR 5022-015 EXHIBIP STATE OF FLORIDA RTMENT OF BUSINESS AND PROFESSIONAL REGULATION ] DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Page 2 Ucense Number . SEAT 5810406 Inspection Date 8/16/05 2:25:50 PM Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your ficense STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL Yes 07 Unwrapped or potentially hazardous food not re-served Yes (33 Containers covered, adequate number, insect and rodent Yes *O8a Food protection during storage, preparation, display, Proof, emptied at proper intervals, clean service, transportation Yes 34 Outside storage area clean, enclosure properly constructed Yes *O8b Cross-contamination, equipment, personnel, storage Yes *O8c Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL damaged food segregated No *35a Presence of insects/rodents. Animals prohibited Yes 09 Foods handled with minimum contact Yes /*35b Outer openings protected from Insects, rodent proof Yes 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Yes 36 Floors properly constructed, clean, drained, coved 7] Yes #11 Personnel with infections restricted No 37 Walls, cellings, and attached equipment, constructed, clean Na 12a Hands washed and clean, good hygienic practices . (observed), alternative operating plan Yes 38 Lighting provided as required, Fixtures shielded Yes *12b Proper hygienic practices, eating/drinking/smoking Yes BS Rao and equipment - vented as required (evidence) STATUS OTHER AREAS Yes 13 Clean clothes, halr restraints Yes 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS No 41a Toxic items properly stored No 14 Food contact surfaces designed, constructed, maintained, Yes *41b Toxic items labeled and used properly . installed, located Yes Premises malntalned, free of litter, unnecessary articies, No is Non food contact surfaces designed, constructed, maintained, | hastyicted te authored sentra properly stored. Kitchen Yes *16 Dishwashing facllities designed, canstructed, operated 1, /Yes 43 Complete separation from living/sleeping area, laundry Wash 2. Rinse 3. Sanitize Yes 44 Clean and soiled linen segregated and properly stored Yes *17 Thermometers, gauges, test kits provided ‘STATUS SAFEIY SS Yes 18 Pre-fiushed, scraped, soaked Yes 45 Fire extinguishers ~ proper and sufficient Yes 19 Wash, rinse water clean, proper temperature Yes 46 Exiting system ~ adequate, good repair Yes *20a Sanitizing concentration Yes *47 Electrical wiring - adequate, good repalr Yes 20b Sanitizing temperature Yes *48 Gas appliances - properly installed, maintained No 24 Wiping cloths clean, used properly, stored Yes 49 Flammable/combustible materials - properly stored No 22 Food contact surfaces of equipment and utensils clean STATUS GENERAL Yes 23 Non-food contact surfaces clean No 50 Current license properly displayed Yes 24 Storage/handling of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES Yes 52 False/misleading staternents published or advertised relating Yes 5 Service items proparly stored, handled, dispensed to food/beverage Yes 26 Single service articles not re-used Yes *53a Food management certification valid STATUS WATER AND SEWAGE/PLUMBING Yes 53b Employee training validation Yes *27 Water source safe, hot and cold under pressure Yes 54 Rorida Clean Indoor Air Act Yes *28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice Yes 29 Plumbing Installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available Yes #30 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program Information provided Yes 31 Tollet and handwashing Facilities, number, convenient, Yes 58 Smoke Free “| designed, installed " Falty clean, supped with handsoep, sporeble towels o had Total Number of COS Violations: 2 drying devices, tissue, covered waste receptacles Total Number of Repeat Violations: 0 i Violations marked with an asterisk are critical violations, Items marked YES are in compliance. Items Marked NO are violations, Specific details of violation are listed on subsequent paues. Tems marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not belng conducted at the time of inspection, DBPR Form HR 5022-015 Page 3 STATE OF FLORIDA PARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ——_ License Number EXH | RB IT B DIVISION OF HOTELS AND RESTAURANTS SEAT 5810406 www.myflorida.com/dbpr . Inspection Date FOOD SERVICE INSPECTION REPORT 8/16/05 2:25:50 PM LEGAL MOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. Warning(s): 03A-07-1 - Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit, p-ranl, sausage This violation must be corrected by : 8/17/05. 04-01-1 - Cold holding equipment incapable of maintaining patentially hazardous food at proper temperatures, pizza prep refrig unit. This violation must ba corrected by : 8/17/05, Violation(s): 02-24-1 ~ Potentially hazardous food held under time as @ public health control without time marking indicating hour limit, pizza display area, in area less than 4 hrs. REFERENCE TEXT: 3-501,19(A)(1) FC: (A) Except as specified under (B) of this section, if time only, rather than time in conjunction with temperature, ls used as the public health control for a working supply of POTENTIALLY HAZARDOUS FOOD before cooking, or for READY-TO-EAT POTENTIALLY HAZARDOUS FOOD that is displayed or held for service for immediate consumption: (1) The FOOD shall be marked or otherwise identified to indicate the time that Is 4 hours past the point in time when the FOOD js removed from temperature control; 05-08-41 - No thermometer provided to measure temperature of food product, 12A-22-1 - Observed food employee touching ready-to-eat food with thelr bare hands and the establishment has no approved Alternative Operating Procedure. REFERENCE TEXT: 61C-4.010(1)(d) FAC and 3-301.11(B) FC: No bare hand contact of exposed ready-to-eat food. Food employees may contact ready-to-eat foods with their bare hands Immediately prior to service if the operator of the public food service establishment maintains a written operational procedure, (B} Except when washing fruits and vegetables as specified under Section 3-302.15 or when atherwise approved, food employees may not contact exposed, ready-to- eat food with thelr bare hands and shall use suitable utensils such as dell tissue, spatulas, tongs, single-use gloves, ar dispensing equipment. 14-37-1 - Observed cutting board grooved/pltted and no longer cleanable,near floor mixer. 14-35-41 - Observed cloth towel used as shelf cover, glass storage service area. 14-41-1 - Food-contact surface not smooth and easily cleanable ,plastic lid Corrected On Site. 15-32-1 - Observed pizza reach-in gasket torn/in disrepair. . 21-07-14 - Observed wipirig cloth used for food spills also used for other purposes. 21-12-1 - Wet wiping cloth not stored in sanitizing solution between uses, 22-20-1 - Observed buildup of slime in the interior of ice machine. 32-15-1 - No handwashing sign provided at a handsink used by food employees, throughout . 32-16-1 - Hand wash sink facking proper hand drying provisions, Corrected On Site. 35A-08-1 - Observed live flies in kitchen, 37-12-1 - Ceiling not smooth and easily cleanable,back prep area. 37-18-1 - Observed dusty ceiling tiles and/or alr conditioning vent covers, dishmachine area. 41A-02-1 - Observed toxic item stored by food. 50-08-1 - Establishment operating without. a current Hotel and Restaurant license. REFERENCE TEXT: 509.241(2) PS: (2) APPLICATION FOR LICENSE. Each person who plans to open a public food service establishment shalt apply for and receive a license from the division prior to the commencement of operation. ODPR Form HR $022-015

Docket for Case No: 06-000552