STATE OF FLORIDA O (0 Y4O DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. WHISTLE JUNCTION RESTAURANT tere oe 2010. Respondent. Case No. 2006050591 / ADMINISTRATIVE COMPLAINT RESTAURANT, (“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 Hotels and Restaurants. The respondent's business address of record is 1754 ECONLOCKHATCHEE TR, ORLANDO, FLORIDA 32825. The mailing address of record is WHISTLE. JUNCTION RESTAURANT, at 7081 GRAND NATIONAL DR STE 103, ORLANDO, FLORIDA 32819. 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 jaw 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 September 18, 2006 U id ~ 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 06. : Received by: Inspector's Signature Operator’s Signature eS ee Title Title District Number: 04 Form revised 07.17.06 Case Number: 2006050591 License Number: 5805037 2010 WHISTLE JUNCTION RESTAURANT Exhibit A License Number: 5805037 License Type: 2010 PERMANENT FOOD SERVICE 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 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. * denotes a critical violation. Itis alleged that on July 14, 2006, August 22, 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. * 4.45-31-1 NFPA 96, 10.1.2:; COOKING EQUIPMENT THAT PRODUCES GREASE-LADEN VAPORS AND THAT MIGHT BE A SOURCE OF IGNITION OF GREASE IN THE HOOD, GREASE REMOVAL DEVICE, OR DUCT SHALL BE PROTECTED BY FIRE-EXTINGUISHING EQUIPMENT. OBSERVED THE USE OF EQUIPMENT THAT CREATED GREASE LADEN VAPORS WITHOUT A HOOD SUPPRESSION SYSTEM. : ; * 2,35B-04-1 6-202.15FC:: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND'RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. {E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. THE BACK DOOR WAS MISSING A DOOR SWEEP. * denotes critical violation Case Number: 2006050591 District: 04 License Number: 5805037 License Type: 2010 WHISTLE JUNCTION RESTAURANT Exhibit A * 3.08A-15-1 3-305.11FC:: FOOD STORAGE: (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE Foon: ) IN A CLEAN, DRY LOCATION; (2) WHERE IT 1S NOT EXPOSED TO SPLASH, DUST, OR AND WORKING CONTAINERS MAY BE STORED LESS THAN 8 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. TACO SHELLS WERE STORED TOO CLOSE TO THE HANDWASH SINK AND WERE BEING SPLASHED WITH WATER FROM THE HANDSINK. * 4, 45-33-1 NFPA 96, 4.1.2, 4.1.3, 4.1.4 AND 4.1.5::, ALL SUCH EQUIPMENT AND ITS PERFORMANCE SHALL BE MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS STANDARD DURING ALL PERIODS OF OPERATION OF THE COOKING EQUIPMENT. THE FOLLOWING EQUIPMENT SHALL BE KEPT IN GOOD WORKING CONDITION: (1) COOKING EQUIPMENT (2) HOODS (3) DUCTS (IF APPLICABLE) (4) FANS (5) FIRE-EXTINGUISHING SYSTEMS (6) SPECIAL EFFLUENT OR ENERGY CONTROL EQUIPMENT ALL AIRFLOWS SHALL BE MAINTAINED. MAINTENANCE AND REPAIRS SHALL BE PERFORMED ON ALL COMPONENTS AT INTERVALS NECESSARY TO MAINTAIN THESE CONDITIONS. THE PROTECTIVE CAPS WERE OFF THE FIRE SUPPRESSION NOZZLES IN THE FRONT SERVICE AREA. * §.31-12-1 5-205.11(B) FC:: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. THE HANDSINK WAS USED AS A UTILITY SINK AT THE FRONT SERVICE AREA. 6, 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. THERE WERE GAPS BETWEEN THE HOOD FILTERS. 7. 23-03-1 4-601.11(C) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. THERE WAS FOOD BUILD UP ON THE ELECTRIC GORD OF THE TIMER BY THE DEEP FRYER. * 8.08A-22-1 3-302.11{A)(1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; A) RAW CHICKEN WAS STORED NEXT TO CORN DOGS AND BAGS OF RAW SHRIMP INSIDE THE REACH IN FREEZER. B) RAW HAMBURGER WAS STORED OVER COOKED PASTA. * denotes critical violation Case Number: 2006050591 District: 04 License Number: 5805037 License Type: 2010 WHISTLE JUNCTION RESTAURANT : Exhibit A * 9. 08A-24-1 3-302.11(A)(2) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION. (2) EXCEPT WHEN COMBINED AS INGREDIENTS, SEPARATING TYPES OF RAW ANIMAL FOODS FROM EACH OTHER SUCH AS BEEF, FISH, LAMB, PORK, AND POULTRY DURING CONTAMINATION OF ONE TYPE WITH ANOTHER IS PREVENTED, AND (C) PREPARING EACH TYPE OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS; PANS OF RAW CHICKEN WERE STORED OVER PANS OF FISH ON THE FOOD PREP TABLE. * 10. 22-16-1 4-602.11(C) AND (D) FC:: (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS. (D) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF: (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED WHEN THEY ARE EMPTY; (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND: (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/CLEANING FREQUENCY] THAT CORRESPONDS TO THE TEMPERATURE: [AT 41 DEGREES FAHRENHEIT OR LESS - 24 HOURS; GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS; GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16 HOURS; GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT. (3) CONTAINERS iN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME FOOD THAT IS AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS; (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DELI FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3; (5) EQUIPMENT IS USED FOR STORAGE OF - PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT. IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES; (6) THE CLEANING SCHEDULE IS APPROVED BASED ON CONSIDERATION OF: (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE RAPID AND PROGRESSIVE MULTIPLICATION OF PATHOGENIC OR TOXIGENIC MICROORGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE; OR (7) IN-USE UTENSILS ARE INTERMITTENTLY STORED IN A CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. THERE WAS A MOLD LIKE RESIDUE ON THE STORAGE RACK INSIDE THE REACH IN COOLER. * denotes critical violation Case Number: 2006050591 District: 04 License Number. 5805037 : License Type: 2010 WHISTLE JUNCTION RESTAURANT , Exhibit A * 11.47-08-1 61C-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 PERMITTED IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS ¢ OF NEPA 70, THE NATIONAL ELECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4A-3, FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL BE PROVIDED. THERE WERE EXPOSED ELECTRICAL WIRES INSIDE THE REACH IN COOLER. * 42.02-05-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELDINA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO 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: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. HAM AND SEVERAL OTHER COOKED PRODUCTS WERE NOT DATE MARKED INSIDE THE WALK IN COOLER. * 13. 02-26-1 3-302.12 FC:: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE _COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. A SPRAY BOTTLE BY THE FOOD PREP TABLE WAS NOT LABELED. * 14, 32-05-1 61C-1.004(2)(A) FAC:: (2)(A) BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. THE TOP LID OF THE TOILET WAS CRACKED IN THE WOMEN'S BATHROOM. * 15. 32-10-1 5-501.17 FC::; TOILET ROOM RECEPTACLE, COVERED. A TOILET ROOM USED BY FEMALES SHALL BE PROVIDED WITH A COVERED RECEPTACLE FOR SANITARY NAPKINS. THE TRASH CAN INSIDE THE WOMEN EMPLOYEES’ BATHROOM WAS NOT COVERED. * 16. 08A-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER, SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS. CAKES AND COOKIES WERE NOT PROPERLY PROTECTED FROM CONTAMINATION AT THE PASTRY STATION. * 47. 31-09-1 5-205.11(A) FC:: (AJA HANDWASHING. LAVATORY SHALL BE MAINTAINED SO THAT ITIS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HANDWASHING SINK AT THE PASTRY STATION WAS BLOCKED BY A TRASH CAN. * denotes critical violation . : Case Number: 2006050591 : District: 04 License Number: 5805037 License Type: 2010 WHISTLE JUNCTION RESTAURANT . Exhibit A * 48, 27-16-1 5-202.12(A) AND (B) FC: HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT A UCET—(BYA STEAM MIXING VALVE MAY NOT BE USED ATA HANDWASHING LAVATORY. THERE WAS NO HOT WATER AVAILABLE AT THE HANDSINK LOCATED IN THE PASTRY STATION. * 19. 45-23-1 NFPA 72, TABLE 10.4.2.2:: TESTING FREQUENCIES. [TESTING OF FIRE ALARM SYSTEM COMPONENTS MUST BE TESTED ANNUALLY. THESE COMPONENTS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING: BATTERIES, EMERGENCY VOICE/ALARM COMMUNICATION EQUIPMENT, REMOTE ANNUNCIATORS, HEAT DETECTORS, FIRE ALARM BOXES, SYSTEM SMOKE DETECTORS, AND ALARM NOTIFICATION DEVICES (AUDIBLE DEVICES, VISUAL DEVICES).] THE FIRE ALARM CONTROL PANEL TAG WAS EXPIRED. * 20. 22-24-1 4-602.11(E) FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING 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 BEVERAGE 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 A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. THERE WAS A BUILD UP ON THE ICE MAKER BY THE FRONT DINING ROOM. * 21.41A-08-1 7-201.11 FC:: SEPARATION. POISONOUS OR TOXIC MATERIALS SHALL BE STORED SO THEY CAN NOT CONTAMINATE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE- SERVICE AND SINGLE-USE ARTICLES BY: (A) SEPARATING THE POISONOUS OR TOXIC MATERIALS BY SPACING OR PARTITIONING; AND (B) LOCATING THE POISONOUS OR TOXIC MATERIALS IN AN AREA THAT IS NOT ABOVE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE OR SINGLE-USE ARTICLES. THIS PARAGRAPH DOES NOT APPLY TO EQUIPMENT AND UTENSIL CLEANERS AND SANITIZERS THAT ARE STORED IN WAREWASHING AREAS FOR AVAILABILITY AND CONVENIENCE IF THE MATERIALS ARE STORED TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES. CHEMICALS WERE STORED BY THE WATER CARAFES OVER THE THREE COMPARTMENT SINK. * 22. 45-27-1 NFPA 10, 1.5.6:: FIRE EXTINGUISHERS SHALL NOT BE OBSTRUCTED OR OBSCURED FROM VIEW. IN LARGE ROOMS, AND IN CERTAIN LOCATIONS WHERE VISUAL OBSTRUCTIONS CANNOT BE COMPLETELY AVOIDED, MEANS SHALL BE PROVIDED TO INDICATE THE EXTINGUISHER LOCATION. THE FIRE EXTINGUISHER WAS BLOCKED WITH PANS. * denotes critical violation Case Number: 2006050591 District: 04 License Number: 5805037 License Type: 2010 WHISTLE JUNCTION RESTAURANT ; Exhibit A * 23. 12A-13-1 2-301.14 FC:: WHEN TO WASH. FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORK NG with EXPOSED FOOD, CLEAN (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS "AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED THE DISHWASHER HANDLING DIRTY DISHES THEN CLEAN DISHES WITHOUT WASHING HIS HANDS OR CHANGING HIS GLOVES. * denotes critical violation . Case Number: 2006050591 District: 04 License Number: 5805037 License Type: 2010 WHISTLE JUNCTION RESTAURANT . State of Florida ; Department of Business and Professional Regulation Division of Hotels and Restaurants www. hospitalityeducation.org i pa WARNING OF Waring Ci Compliad (RjHearing requested DIRECT NOTICE: CPre-conference FXlNet complied — C) Out of business Failure to bein compliance ha issugd CPre-hearing with this notice at any Show Cause whys C0n Stipulation futura inspection may should aot be assessed against Clon Hearing Order | | Cl Time extended dates ff result ina direct Noticeto |’ | your license. A hearing will be Clother: Show Cause. held at a time and place to be designated by the director. usiness Address: ODL Business tity (Dhuwl ume: . maton Lentese Lage 1 po. (. dasnes Nome Zoe r/ Cé 7 EC LZ a Ul pd 297? UA ek wis Gag Maik: hon O4aE Al: ILD Eg, 0 al Med trD 4, LL A a fas, = Sehr fA oF Sn On ¢ ne WAME (PLEA mm = ENSPECTOR'S SIA SE PR "ee, Fe aes roy ao PEN Sen Ady, "2 er ser ge Pi siec oa iL ice Pg ’R Form HR §022-005 cee February 08 Har Planidecbfstorss. State of Florida Control Nuinber EIN... Department of Business and Professional Regulation p . Heo Division of Hotels and Restaurants : / b hy, - QI0I 7 : www. hospitalityeducation.org COMMENTS SHEET Addendum to DBPR Forms HR 5022-005, 6022-014, 5022-015, 5022-062, or 5022-083. For comments to the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. olay & Control Number State of Florida DBPE N hi _ Department of Business and Professional eee i , ple Division of Hotels and Restaurants If LIOIT www.hospitalityeducation.org Mb or: 2 v3) 6 Page 2 of _2 COMMENTS SHEET. Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-08; 5022-083. For comments to the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. 22 TEE coed) pale hhbue we tv PR, Lies b LILA ef ALI x ey 6 . chis DARL AAC PR Form HR 5022-042 2004 December 06 iil tne. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Pag ga tof_9~ Division of Hotels and Restaurants eran rs es geen: LEGAL NOTICE {2010 Permanent Food (2 2012 Theme Park 2a, (2013 Catering YY Bp uischodbled ( (ROUT) | Licensing (LIC) Compan Full {(cowr) [1] 2014 Mobile Food Dispansing 7 2015 Vending Machine 1 2051 Unttcensed Food ‘Disaster Response ‘osrR) Epidemiological (EP!) 4 Service Request (SERV) a a a a Quality Assurance (QA) rane 8s FL ed sad az eoninart feetdonennicetatrrenececent eee ; Mark "x In approprate box for COS andlor R = in compl OUT = notin complianca_N/O = not observed N/A = not applicable COS = corrected on-site during inspection_R = repeat violation COMPLIANCE STATUS [cos] R POUT ita | Food obtained om approved source oroved Source =| IN | Te LIN [\ouy’] NiO] N/A | 62 | Original container; properly labeled, date marking, shell stock ry ‘sumer Advsoy (Nour [a CHAT TET [commer sda eons : CN OOSS[—__T “NIA” | 02-13] Consumer advisory on rawlndercooked animal products | | Cold food at proper temperatures during storage, display, service, transport, || entially and cold holding rardous Food E e/Temperature —~ Ni || | a tection from [IN [k& ood protection during storage, preparation, dispia [| ee Pw [cours | Food contact surfaces clean and sanitized I LIN [COUD | No | [ 09. | Foods handled with minimum contact rf [Gey our [1 Personnel with infections restricted [| sonnel OUD > tf} ~ Restrooms with selé-dosing 008s, fixtures a properly, facility clean, rete, supplied with hand soap, d disposable towels or hand drying devices, tissue, | Pomme covered waste rece : nical —— QN2T our | | Toxic substances p propery labeled, used [| onstration of {WA OUT [TT 53a_| ember | ESSAY capa Ty, ORE: ide oy or ss Expo Tanna | i BZA tlem/Locaton. ee se aback - Time & dar Calback = Time easonal (SEAS) oO = ~ Admin. Complaint Recommended Ty Mira Conga oO gency =a i I i EC ee oer Le . KL p AGI UE 395, Fc as Tene 7a a S* . Form HR 5022-015 www. MyFlorida.com/dbpr ‘a ‘ fj iN 2006 May 2 DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION Division of Hotela and Restaurants LEGAL NOTICE Food Service inspection Report *08¢ Potenilal for cross-contamination, ee practices; damaged food segregated _ 10. in use food dispensing utensils properly stored 13_ Clean clothes, hair restraints _ 14 Food contact acl surfaces designed, consiructed, maintained, oe oo oe 15 Non-food contact surfaces designed, constructed, maintained, | [J '40" Employee lockers provided and used, clean installed, located . {2 42 Premises maintained, no unnecessary articles. Gunnkg | 16 Dishwashing faciities designed, consoled, operaied ’ | tobe —— = envi Properly stored. Kitchen restricted, 1.Wash 2 Rinse 3. Sanitze 17 Thermometers, gauges, test kits provided rf segreg 18 Pre-fiushed, scraped, soaked [ff RY *45 Fire exting ishets — prope and suficient 19_Wash, rinse water clean, proper temperature 20a Sanitizing concentration 20b Sanitizing temperature 21_ Wiping cloths clean, used properly, stored 3 _Non-food contact surfaces clean 4 Storage/nandling of clean equipment, utensils 5 _ Service Items properly stored, handled, dispensed He melfianed a 6 _ Single service articles not re-used Py *49 Fenmebisconbitie nae — properly stored a 7 _Water source safe, hot and cold under pressure : | £150 Current ficense, properly displayed 8 Sewage and waste water disposed prope | — ot Other concltions seri and safa operation |_| 9 Plumbing installed and maintained ‘= Q_Cross-connection, back siphonage, backflow to everage { Toltef and hand washing facilities, number, convenient, designed, ae 54 Florida Clean indoor Air Act Compliance a installed [| 55 Automatic Gratuity Notice | 3 Garbage containers covered, adequate number, insect and rodent | {_] 56 Copy of Chapter 509, Florida Statutes avaliable [| Poot emptied as prper Hens 2 Clean [} $7 Hosp tally Education Program Information provided _ lati sted tis epo rE MUS! be corected win he time frames Deow ora — . ele Pu SIS. Date Ley fob t Form HR 5022-0: ; www.MyFlorida.com/dbpr 2006 May 2 State of Florida eadage amiga Control , DBPR.. Department of Business and Professional Regulation ; od He Division of Hotels and Restaurants 23 2S _OF037 www. hospitalityeducation.org " Phy lib. COMMENTS SHEET ,,,/,.// a, 2 Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-062, 022-083. For comments to the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. 3 of F State of Florida Han, ber DBPR 7E9E' IN, .. Department of Business and Professional Regulation . fll, Division of Hotels and Restaurants — IF. 040 Fed a) 1y (ob Rg www. hospitalityeducation.org Zz: COMMENTS SHEET 4 Abin reget 0 Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-01 5, 5022-082, o 22-083. For comments to the Lodging, fe Senos or ACCP Inspection; Call BactRerspcton Rep, or HACCP Plan Verfeaton Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. BPR Form HR 5022-042 www. MyFlorida.com 2004 Decamber 06 . a Division of Hotels and Restaurants ae www.hospitalityeducation.org 7 fa b P; 5 of X COMMENTS SHEET teat Aas 0 Addendum to DBPR Forms HR‘5022-005, 6022-074, 5022-015, 5022-082, or 5022-083. For comments to the Lodging, Reitisfotet State of Florida. a » umber. DBPR - Department of Business and Professional Regulation 23 x. 005 2 | HACCP Plan Verification. Food Service, or HACCP inspection; Call Back/Reinspection Report, or PR Form HR 5022-042 . www. MyFlorida.com 2004 December 06 Foiatsfstent. State of Florida fe) Vyinber DBPR ;,,: Department of Business and Professional Regulation 22 56. 3 Poa pleas Division of Hotels and Restaurants www. hospitalityeducation.org Yl COMMENTS SHEET : Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or Page bof &. 12-083. For comments to the Ladging, ‘Food Service, or HACCP Inspection; Calf Back/Reinspection Report, or HACCP Plan Verification. BPR Form HR §022-042 Ww. MyFlorida.com 2004 December 06 State of Florida , ‘Control Number Department of Business and Professional Regulation Division of Hotels and Restaurants 23 wie _ BYBIT p “aw hospltatyeducation org ; Viet 7 LE. A227 wll Z, cH J 4 lM pe VA ht é , tees PI! tL fe ca =f BPR Form HR 5022-042 _ MyFlorida.com 2001 November Ot E62. Rinitsfine State of Florida fo! Number DBPR Department of Business and Professional Regulation 23 07077 Pre Division of Hotels and Restaurants a - LOB __ ; www.hospitalityeducation.org : 2 /yy ob -_ or F_ of _ & COMMENTS SHEET ii Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 50; -083. For comments to the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. en, A okey, fe eure o CO a» te be P72 | oer $1 (Lbuswted no hic Ftnuswes bets enitbbbe. ae ELLA nen? ole joe ov pitealiinn sores sonal - &. > oe AALS vz . . tetis hew GE Age Mites: mg 6 VE. Th ef bio rs bee GSO 59% tube thik etoleg j0meis, WO Mw Permibuagen” 8S Mittal eerie of rk) Chet. fuk ao mu, HH, YF. Shaul Chea 4, xe hthppul GLE off WK beds Diltic WY, Wl babel babde coedtin., 119°C Supact Latah coo hins (72 Lb eps Seidl 00 King etd bw, “ye baw Hag uz heen flo. Boast, od pst bhering p00 bing, seit 9 kee covkiity, 11K anirwetiys bo Coheed hid Snot Leagypel fomere, pete Lried Ahi cooking, 60° Mef€ ¢ collig. baller ot, War Liner) eaysel, Wt Kew Choabio oh, 97t Hor burger el 2- Step ber! coe Mel Le of Lasat oll, Wt thevaled bel cH, We Ceekist tur Ky tho le 1b phew, Hh 130° F brn Be HH, RE Cooked fist i, 144 toe hed ohay PA op fanon buwe, AH, pte Gort thiy coef 50 Anbint Siellagys ¢ COvEN | Pe) # fretofé, Chane rK coe King Sl Cereal Cie var 2004 December 06 Ue oe Gif Budredille. HH , Je) BPR Form HR § hese. Department of Business and Professlonal Regulation DIVISION OF HOTELS AND RESTAURANTS LEGAL NOTICE | STOP SALE ORDER [7] Mibile Food (7) Theme Park Dispensing Vehicle Food Cart” The division may stop the sale, and supervise the proper’ destruction, of any food or food product when the director or designee determines that such food or food product represents a threat to the public safety or welfare. If the operator of a public food service establishment licensed under this chapter has received official notification from a health authority that a food or food product trom that establishment has potentially contributed to any instance or outbreak of foodborne Illness, the food or food product must be maintained in safe storage in the establishment until the responsible health authority has examined, sampled, seized, or requested destruction of the food or food product. Subsection §09.032(4}, Flotida Statutes YOU ARE HEREBY NOTIFIED TO IMMEDIATELY STOP THE SALE OF Ti FOLLOWING PRODUCTS REASON FOR ISSUE: The division finds that an immediate danger to the public safety or welfare exists, based on the following conditions found for the above listed food item(s): : L ADDITIONAL ARTICLES, REASONS, OR COMMENTS ON ADDENDUM | acknowledge receipt of this notice. Done and Ordered. RECIEIENT' ‘S NAME ie. Pe Rese RE. TITLE IL 'S NAME 2 ee TITLE OSE & fe AN Eg Sd wea Br sige TIME OFFICE Fern ot (on) 381 - a OT N4IOG —_ (PYONUEF - LPI Top copy to H&R File, Secand copy to Licensee, Third copy to Inspector Record DBPR Form HR 5022-043 MyFlorida.com Revised 2001 January 10

Docket for Case No: 07-000490

Issue Date	Proceedings
Feb. 09, 2007	Order Closing File. CASE CLOSED.
Feb. 06, 2007	Notice of Voluntary Dismissal filed.
Jan. 29, 2007	Election of Rights filed.
Jan. 29, 2007	Administrative Complaint filed.
Jan. 29, 2007	Agency referral filed.
Jan. 29, 2007	Initial Order.