Jun 26 2006 13:30 B6/ 26/2086 13:27 8584146749 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. CHINA WOK License No. 4501933 Respondent. License Type 2010 Permanent Food Service f Case No. 2004040834 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against CHINA WOK, (“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 Section 20.165 and Chapter 509, Florida Statutes. 2, Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hoteis and Restaurants. The respondent's business address of record is 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778.The mailing address of record is CHINA WOK, at 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778. 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 “B’, 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 $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 other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed August 10, 2004 ee 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 Attorney 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; | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2004, Received by: Inspector's Signature Operator's Signature Title Title Form revised 7/27/04 ...Distriet.Number:.04... ce menneimeees see CHINA WOK Case Number: 2004040834 _Ligense Type: 2010 Permanant Food Service... ee me ae a er ene License Number, 45017933 Jun 26 2006 13:30 B6/ 26/2086 13:27 8584146749 DEPR OGA PAGE @4/@5 License Number: 4501933 License Type: 2010 PERMANENT FOOD SERVICE Case Number, 2004040834 Exhibit A "FC" as cited herein references specific provisions of the 1999 Food Cede, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, “NFPA" as cited herein references specific provisions of the National Fire Protection Association Lifa 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 July 29, 2004 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: , " §4.354-01 6-501.111FC CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY 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 SECTIONS 7-202. 12, 7-206,12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS, A. OBSERVED APPROXIMATELY SIX HUNDRED FRESH RODENT DROPPINGS THROUGHOUT THE KITCHEN. B. OBSERVED RUB MARKS IN THE WATER HEATER ROOM, BY THE KITGHEN HAND SINK AND AT THE COOK'S LINE. THE ESTABLISHMENT WAS OPEN FOR OPERATION AT THE TIME OF THE INSPECTION, * denotes critical violation Exhibit A Case Number: 2004040834 Page 1 License Type: 2010 PERMANENT FOOD SERVICE ; “Cleanse Number 4501933" * ~

Docket for Case No: 06-002277