Jun 30 2006 17:36 B6/ 36/2886 17:33 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE. HARRISON'S GRILL AND BAR reeree we. rhe Respondent. icense Type ' Gase No. 2008021285 —— ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against HARRISON'S GRILL AND BAR, ("Respondent”), and says: . 1, Petitioner is the state agency charged with regulating the operation of public Jodging establishments and public food service astablishments, 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 Hotels and Restaurants. The respondent's business address of record is 401 S FT HARRISON AVE, CLEARWATER, FLORIDA 33756. The mailing address of record is HARRISON'S GRILL AND BAR, at 401 S$ FT HARRISON AVE, CLEARWATER, FLORIDA 33756. ; 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 py 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 attendances at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, OF refusal of a license issued pursuant to this Chapter, and/or any ather relief authorized by Chapter 509, Florida Statutes, or the rules promulgated there Signed April 19, 2006 de Perez” 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 Attomey Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFIGATE OF SERVICE ee BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: eo i aii | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2006. hand served by me on this, day of Received by: Inspector's Signature Operator's Signature Title Title Case Number, 2005021285 Form revised 03.06.06 License Type: 2019 Permanent Food Service Olstriet Number; 03 Licenge Number: 62131 38 HARRISON'S GRILL AND BAR B6/ 36/2886 17:33 8584146749 DEPR OGA Jun 30 2006 17:36 PAGE a4/a7 Exhibit A License Number: $213138 License Typa: 2010 PERMANENT FOOD SERVICE Case Number: 2008021285 FC as cited herein references specific provisions of the Food Cade, Recarrmendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 81C, Florida Administrative Code, NFPA as cited herein references specific provisians of the National Fire Protection Association Life Sefety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “denotes a critical violation. It ig alleged that on February 48, 2006 and April 12,2006 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. 4.02-05-1 3-AO1A7(A) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TQ INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (ya DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS: THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON.SITE NOT PROPERLY DATE MARKED. PASTA SALAD IN WALK IN COOLER. * 2. QRA-D7-1 3-507. 18(A) FO: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPEGIFIED 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(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: {A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. SOUR CREAM HELD AT 68 DEGREES F, GHEESE HELD AT 69 DEGREES F ON 2/16/06 AND PASTA SALAD HELD AT 46 DEGREES F, ROAST BEEF HELD AT 52 DEGREES F ON 4/12/06. 3. 14-87-17 4-501.12 FC: CUTTING SURFACES, SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT FO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. OBSERVED CUTTING BOARD GROOVEDI/PITTED AND NO LONGER CLEANABLE ON SANDWICH PREP LINE. 4, 15-28-1 NFPA 96, 6.2.3.3: GREASE FILTERS SHALL BE ARRANGED SO THAT ALL EXHAUST AIR SHALL PASS THROUGH THE GREASE FILTERS. HOOD FILTERS ARE NOT TIGHT FITTING AND FIRMLY HELD IN PLACE-LEAVING OPEN SPACES. * 5 16-031 4-501.14 FC: WAREWASHING EQUIPMENT, CLEANING FREQUENCY, A WAREWASHING MACHINE; THE COMPARTMENTS OF SINKS, BASINS, OR OTHER RECEPTACLES USED FOR WASHING ANDO RINSING EQUIPMENT, UTENSILS, OR RAW FOODS, OR LAUNDERING WIPING CLOTHS, AND DRAINBOARDS OR OTHER EQUIPMENT USED TO SUBSTITUTE FOR * denotes critical violation Case Number: 2006021285 District: 03 License Number: 6213138 License Type: 2010 HARRISON'S GRILL AND BAR Jun 30 2006 17:37 B6/ 36/2886 17:33 8584146749 DEPR OGA PAGE 85/87 exhibit A DRAINBOARDS AS SPECIFIED IN SECTION 4-301.13 SHALL BE CLEANED: (A) BEFORE USE, (8) THROUGHOUT THE DAY AT A FREQUENCY NECESSARY TO PREVENT RECONTAMINATION OF EQUIPMENT AND UTENSILS AND TO ENSURE THAT THE EQUIPMENT PERFORMS ITS INTENDED FUNCTION; AND (C) IF USED, AT LEAST EVERY 24 HOURS. OBSERVED ACCUMULATION OF DEBRIS IN WAREWASHING MACHINE AND ASSOCIATED EQUIPMENT NOT DRAINING BETWEEN CYCLES. 6. 22-21-1 4-602.11(E) FO: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT GONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES: (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS, (4) IN EQUIPMENT SUCH AS ICE BINS AND SEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT AFREGUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. A. OBSERVED SOIL BUILDUP INSIDE ICE BIN, RUSTY LID. B, OBSERVED BUILDUP OF SLIME ON SODA DISPENSING NOZZLES AND BACK OF SODA UNIT. 7. 22-22-1 4-601.11{A) FC: (A) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED: (1) EXCEPT As SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE EACH USE WITH A DIFFERENT TYPE OF RAW ANIMAL FOOD SUCH AS BEEF, FISH, LAMB, PORK, OR POULTRY: (2) EACH TIME THERE IS A CHANGE FROM WORKING WITH RAW FOODS TO WORKING WITH READY- TO-FAT FOODS; (3) BETWEEN USES WITH RAW FRUITS AND VEGETABLES AND WITH POTENTIALLY HAZARDOUS FOOD; (4) BEFORE USING OR STORING A FOOD TEMPERATURE MEASURING DEVICE, AND (5) AT ANY TIME DURING THE OPERATION WHEN CONTAMINATION MAY HAVE OCCURRED. A. OBSERVED ENGRUSTED MATERIAL ON CAN OPENER. B, OBSERVED BUILDUP OF SOILED MATERIAL ON MIXER HEAD. C. OBSERVED BUILDUP OF SOILED MATERIAL ON RACKS/ROLL CART. D. OBSERVED INTERIOR OF TEA URN SOILED, . 823-061 4-6017.11(G) FO: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT, MOLD ON NON FOOD-CONTACT SURFACE IN WALK-IN GOOLER. 9. 24-064 -4903.11(A) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE- USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOGATION: (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION: AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. CLEAN GLASSES, CUPS STORED IN DIRTY RACK {COFFEE CUPS). 10, 3217-4 6-307,17 FCs. HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF > ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. HANDWASHING CLEANSER LACKING AT HANDWASHING SINK, BAR AREA. 44, 36-11-1 6-104.11 FO:; SURFACE CHARACTERISTICS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, MATERIALS FOR INDOOR FLOOR, WALL, AND CEILING SURFACES UNDER CONDITIONS OF NORMAL USE SHALL BE: (1) SMOOTH, DURABLE, AND EASILY * denotes critical violation Case Number: 2006021265 License Number; 6213128 HARRISON'S GRILL AND BAR District: 03 License Type: 2010 Jun 30 2006 : 86/38/2886 17:33 8584146749 DEPR OGA reese B AGE 86/7 Exhibit A CLEANABLE FOR AREAS WHERE FOOD ESTABLISHMENT OPERATIONS ARE CONDUCTED; (2) CLOSELY WOVEN AND EASILY CLEANABLE CARPET FOR CARPETED AREAS; AND (3) NONABSORBENT FOR AREAS SUBJECT TO MOISTURE SUCH AS FOOD PREPARATION AREAS, WALK-IN REFRIGERATORS, WAREWASHING AREAS, TOILET ROOMS, MOBILE FOOD . ESTABLISHMENT SERVICING AREAS, AND AREAS SUBJECT TO FLUSHING OR SPRAY CLEANING METHODS. (B) INA TEMPORARY FOOD ESTABLISHMENT: (1) |F GRADED TO DRAIN, A FLOOR MAY BE CONCRETE, MACHINE-LAID ASPHALT, OR DIRT OR GRAVEL IF IT IS COVERED WITH MATS, REMOVABLE PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED MATERIALS THAT ARE EEFECTIVELY TREATED TO CONTROL DUST AND MUD; AND (2) WALLS AND CEILINGS MAY BE CONSTRUCTED OF A MATERIAL THAT PROTECTS THE INTERIOR FROM THE WEATHER AND WINDBLOWN DUST AND DEBRIS. FLOORS NOT MAINTAINED SMOOTH AND DURABLE, WALK-IN. 42. 36-13-1 6-501.12(A) FC:. (A) CLEANING, EREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. OBSERVED GREASE ACCUMULATED UNDER COOKING EQUIPMENT. 13, 37-101 610-1,004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED ATTAGHED EQUIPMENT SOILED WITH ACCUMULATED GREASE, HOOD, BAFFELS, PLENUM. * §44.45-20-1 NFPA 10,5.3.1: FIRE EXTINGUISHERS SHALL BE LOCATED SO THAT THE MAXIMUM TRAVEL DISTANCES DO NOT EXCEED THOSE SPECIEIED IN THE TABLE USED. TABLE 5.3.1 FIRE EXTINGUISHER SIZE AND PLACEMENT FOR CLASS B HAZARDS LIGHT (LOW) MINIMUM EXTINGUISHER RATING 40-B MAXIMUM TRAVEL DISTANCE TO EXTINGUISHERS 50 FT. ORDINARY (MODERATE) MINIMUM EXTINGUISHER RATING 10-B MAXIMUM TRAVEL DISTANCE TO EXTINGUISHERS 20 FT. EXTRA (HIGH) MINIMUM EXTINGUISHER RATING 40-B MAXIMUM TRAVEL DISTANCE TO EXTINGUISHERS 30 FT. 40 BC FIRE EXTINGUISHER NOT LOCATED WITHIN 30 FEET OF HIGH HAZARD COOKING AREA (FOR SUPPRESSION SYSTEM/EQUIPMENT INSTALLED PRIOR TO JUNE 30, 1998). * 45, 47-03-1 NFPA 70, 110.12(A):. UNUSED OPENINGS - UNUSED OPENINGS IN BOXES OR HOUSINGS SHALL BE EFFECTIVELY CLOSED TO AFFORD PROTECTION SUBSTANTIALLY EQUIVALENT TO THE WALL OF THE EQUIPMENT. OBSERVED UNUSED OPENING IN PANEL BOX UNPROTECTED. * §18.47-06-1 610-1.004(11) FAC: ELECTRICAL WIRING, TO PREVENT FIRE OR INJURY, DEFECTIVE ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR. NO EXTENSION CORDS SHALL BE USED EXCEPT DURING CLEANING, MAINTENANCE AND OTHER TEMPORARY ACTIVITIES. ONLY A WALL SWITCH OR APPROVED PULL CORD SHALL BE PERMITTED IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS OF NFPA 70, THE NATIONAL ELECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL BE PROVIDED. OBSERVED EXTENSION CORD IN USE FOR NON-TEMPORARY PERIOD, WAIT STATION AREA. * denotes critical viclation Case Number: 2006021265 Licanse Number: 6213138 HARRISON'S GRILL AND BAR District: 04 License Type: 2010

Docket for Case No: 06-002332