Jun 16 2008 9:56 66/16/2688 89:38 8589219186 DEPR PAGE 83/15 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : Petitioner, v8. : ‘ Licanse No. 5807092 NEW YORK OE es dent License Type 2010 pon pe Case No, 2008026334 DMINISTRATIVE CG The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND -RESTAURANTS, (“Petitioner”), files this Administrative Complaint against NEW YORK DELI, (‘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 505, Florida Statutes, 2. Respondentis, 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 af record is 255 $ ORANGE AVE, ORLANDO, FLORIDA 32801,The mailing address of record is NEW YORK DELI, at 255 $ ORANGE AVE, ORLANDO, FLORIDA 32801. 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 therato 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 May 05, 2008 Se el Valerie Freeman, District Manager denne Ae temaeneesennmmensne BY delagation-ofthe-Director, or-designee.—— - Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT; Charles F, Tunnicliff, Lead Attorney Florida Bar No, 0153834 Department of Business & Professional Regulation 1946 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ) HEREBY CERTIFY that a tre and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2008. Received by: rrr Inspector's Signature Operators Signature ii i Tita : Title Case Number: 2008026334 File Number: 20443 District Nurmbar: 04 Licenes Number: 5807092 2010 Form revised 07.07.07 NEW YORK DELI Jun 16 2008 9:56 PAGE @4/15 G6/16/ 2088 89:38 8589219186 DEPR CERTIFICATE OF SERVICE | 7260 34903 9889 9qR0 o802 TO: ANGELA HANIF CORP NEW YORK DELI 255 $ ORANGE AVE ORLANDO, FLORIDA 32801 1 f | : Dept. of Business & Prof, Regulation { SENDER: Divialon of Hotels & Restaurants REFERENCE: | icense No. 8807092 License Type 2010 Gage No, 2008026334 Pan US Postal Service POSTMARK OR DATE Receipt for ‘ Certified Mail iS ¢ Ox | No insurance Coverage Provided i Op Aol Use for international Matt i”. Article Kurd” . ~ACa PAbD 39013 9444 9460 oFne | 3. Borvien Type SEATED WAIL i} | ANGELA HANIF CORP NEW YORK DELI 258 § ORANGE AVE ORLANDO, FLORIDA 32801 hic, No, 5807092 2010 Case No. 2008026594 Case Number; 2008026334 File Number: 204483 District Number: 04° License Number; 5807082 3010 . Form revised 07.07.07 NEW ‘YORK DELI Jun 16 2008 9:56 G6/16/ 2088 89:38 8589219186 DEPR PAGE 5/15 Exhibit A License Number: 5807092 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008026334 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Servies, Food and Drug Administration, incorporated by. CHapter 610, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safely 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, It is alleged that on February 18, 2008, April 24, 2008 the liceneee was in violation of Florida Statute 509(FS} and/or tha Rules of the Division of Motels and Restaurants, Florida Administrative Coda (FAC), in the following particulars. Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B, * 1. 0207-1 3-501.17(B) FC;; (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY:TO-EAT, POTENTIALLY HAZARDOUS FOOD. PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER 18 OPENED IN A FOOD ESTABLISHMENT AND IF THE. FOOD IS HELD FOR MORE THAN 24 HOURS, 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 IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE BAY THE ORIGINAL CONTAINER 15 OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. DEL) MEAT HELD MORE THAN 24 HOURS WAS NOT PROPERLY DATE MARKED. * 2.03A-07-1 3-501.16(A) FC:; (A) EXCEPT DURING PREPARATION, GOOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPEGIFIED UNDER SECTION 3-601.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1)-AT 135 DEGREES. FAMRENHEIT 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; AND O3D-91-1 3-501.18 FG COOLING METHODS, (4) COOLING SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE TIME AND TEMPERATURE CRITERIA SPECIFIED UNDER SECTION 3-501,14 BY USING ONE OR MORE OF THE FOLLOWING METHODS BASED ON THE TYPE OF FOOD BEING COOLED: (1) PLACING THE-FOOD IN SHALLOW PANS; (2) SEPARATING THE FOOD INTO SMALLER OR THINNER PORTIONS; (3) USING RAPID COOLING EQUIPMENT:(4) STIRRING THE FOOD IN A CONTAINER PLACED IN AN ICE WATER BATH: (5) USING CONTAINERS THAT FACILITATE HEAT TRANSFER; (6) ADDING ICE AS AN INGREDIENT: OR (7) OTHER EFFECTIVE METHODS. (8) WHEN PLACED IN COOLING OR COLD HOLDING EQUIPMENT, FOOD CONTAINERS IN WHICH FOOD IS BEING COOLED SHALL BE: (1) ARRANGED IN THE EQUIPMENT TO PROVIDE MAXIMUM HEAT TRANSFER THROUGH THE CONTAINER WALLS; AND (2) LOOSELY COVERED, OR UNCOVERED IF PROTECTED FROM OVERHEAD CONTAMINATION AS SPECIFIED UNDER SUBPARAGRAPH 3-30.11 (A)(2), DURING THE COOLING PERIOD TO FACILITATE HEAT TRANSFER FROM THE SURFACE OF THE FOOD. AND * denotes critical violation District o4 Case Number: 2008026334 License Type; 2010 Licanse Number: 5807092 File Number: 204483 NEW YORK DELI Jun 16 2008 9:57 66/16/2688 89:38 8589219186 DEPR PAGE 86/15 ExhibitA . O3D-05-1 3-501.14(A) FC;; (A) COOKED POTENTIALLY HAZARDOUS FOOD SHALL BE COOLED: (1) WITHIN 2 HOURS, FROM 135 OEGREES FAHRENHEIT TO 70 DEGREES FAHRENHEIT: AND (2) tes A TOTAL OF 6 HOURS, FROM 135 DEGREES FAHRENHEIT TO 41DEGREES FAHRENHEIT OR A) THE HARD BOILED EGGS WERE BEING COOLED IN A CONTAINER WITH A TIGHT FITTING LID; AFTER 2% HOURS, THE EGGS HAD NOT COOLED TO BELOW 70 DEGREES FAHRENHEIT. B) DELI MEATS AT THE MAKE TABLE WERE 44-46 DEGREES FAHRENHEIT, "9. 04-01-1 4-301.11 FG 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, THE UPRIGHT REACH IN COOLER WAS NOT MAINTAINING FOOD AT 41 DEGREES FAHRENHEIT OR BELOW, * 4. OBA20-1 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 GASES; OR OTHER EFFECTIVE MEANS. ‘THERE WERE APPLES ON DISPLAY FOR CUSTOMER SELF SERVICE THAT WERE NOT PROPERLY PROTECTED FROM CONTAMINATION FROM CUSTOMERS. "8. 14-36-41 4-507,11 FG; GOOR REPAIR AND PROPER ADJUSTMENT, (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-7 AND 4-2, (8) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND. KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED.IN ACCORDANCE: WITH MANUFACTURERS’ SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER !S OPENED. THERE WERE GASKETS IN FOOR REPAIR ON THE REACH IN COOLER BY THE SLICER. 8, 27-78-7 4-404.15 FC SPONGES, OSE LIMITATION, SPONGES MAY NOT BE USEDIN CONTACT WITH CLEANED AND SANITIZED OR IN-USE FOOD-CONTACT SURFACES, A SPONGE WAS USED AS A WIPING CLOTH ON FOOD CONTACT SURFACES AT THE THREE COMPARTMENT SINK, * 7, 46-05-1_ NFPA 107, 7.1.10.1, 610-1. 004(10)FAC: MEANS OF EGRESS SHALL BE ce CONTINUOUSLY MAINTAINED FREE OF ALL OBSTRUCTIONS.OR IMPEDIMENTS TO FULL INSTANT WS6 IN THE CASE OF FIRE OR OTHER EMERGENCY, MEANS OF ACCESS MUST PERMIT UNOBSTRUCTED TRAVEL AT ALL TIMES AND BE MAINTAINED FREE OF OBSTRUCTIONS AND FIRE HAZARDS. HALLS, ENTRANCES AND STAIRWAYS SHALL BE CLEAN, VENTILATED AND WELL LIGHTED DAY AND NIGHT. HALL AND STAIR RUNNERS SHALL BE KEPT IN GOOD CONDITION, HAND RAILS SHALL. BE INSTALLED ON ALL STAIRWAYS AND GUARD RAILS AROUND ALL PORCHES AND STEPS. ADEQUATE MEANS OF EXIT SHALL BE PROVIDED PURSUANT TO NFPA 101, THE EMERGENCY EXIT BY THE WOMEN’S RESTROOM WAS BLOCKED BY BOXES AND EQUIPMENT. “denotes critical violation District: o4 Case Number; 2009026334 License Type: 2070 License Number: 5807002 File Number: 204483 NEW YORK DELI Jun 16 2008 9:57 G6/16/ 2088 89:38 8589219186 DEPR PAGE @7/15 Exhibit A * 8. 47-06-1 611,004(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 (N CHAPTER 44-3, FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL QUTLETS SHALL BE PROVIDED, . THERE WAS AN EXTENSION CORD USED FOR THE FRONT APPLIANCES, " * denotes critical violation . ; District: 04 Case Number: 2008026334 License Type: 2010 License Number: 5807002 File Nurnber: 204483 NEW YORK DELI Jun 16 2008 9:57 15 G6/16/2088 89:38 S589219186 DEPR PAGE aay STATE OF FLOR, Page 1 af DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS” FOLLOW-UP INSPECTION REQUIRED www MyFlorida. comédbpirn Inspector determined victations require further review, but ere not an immediate 10:15 Warning BROTH SEAT ‘Cullback Inspection Bete and Time inapaction Reason License Number ANGELAHANIFGORP ADMINISTRATIVE COMPLAINT raccmimended. 07.872 3600 aim Cnimer Name Area Code/Tataphone Number Saree ————— Business Name ingpecton Rawult rd G2riszooe Number of Units Requested Callback Gene/ Tine Inkis! Warning (ae 255 S ORANGE AVE . ORLANDO, 32801 Addreas / Cy 7 Sete /Zip / ete. ° ; Comments Graeme! Hemi 2/08 Man Ping, Maryn Hernandez GAIT Nat Rey, Groton Kiimatiiwias 408 Nat Bog, PATRIOT Hated G0e Machd ih desler wt 7-00em Iemp token 0am, able unit tury, hom eiokan Mi ddelde nreasedin of cevtlew be O TepAIr VolaBerk within tha triescHbed tng frm, Faflenwing em{s) have been nooonnndndnd fer Adrtinisinstive Gomplaint olation: S3A-15=4 nd expired Food Manager Certfientan, Pooervad obmructitl exits, stains, halhvnyh ot norpAA fed” Womens resimom bincked by boxes and equipment iy an amnriemicy -_ See LA Whol Date Signature of Recipient Ingpector Slonatune Recipitnt: Mohammad Hen For further information please contact Anditee Plel Tiles m owner 400 W, Robinson St N.Tower, Sutte 802 Orlando, Phone: 407-872-3800 860 487.1395 DEPP Form HR sizen05 Jun 16 2008 9:53 H6/16/2888 89:38 8569219186 DEPR PAGE 89/15 Page 2 of 3 Ucenat Humber STATE OF FLORIDA DEPARTMANT OF BUSINELG AND PROFESSIONAL REGULATION Ly Seat Seoras2 IXEVIKIOW OF MOTHLE AND RESTAURANTS Hip Barsiness Nari CALL, SACK INSPECTION AewcHTT Date LEGAL NOTICE ' OA24x0B 10:15 AM rama : ate comply with this Meticn mur Inftlete an utmiaietration complalst tet may rami he minpension or revacuthin of joer Bosaee med fees, 4 potentivty huzardotes food coll hek? at greater thin 43 degrees Fahrenheltasiam! not In protection a rich in éooler, Repeat Viale, hit: OTA-07-1 ed potentially tucturionp food ookd hekd at grester then 41 dagrens Fahrenhett bard eo cooling, fiw: 02-07-41, , Jun 16 2008 9:53 86/16/2668 69:36 8569219186 DEPR PAGE 18/15 Page 2 of 3 License Nimbar STATE OF FLORIDA DEPARTMENT OF RUSINESS AND PROFESSIONAL REGULATION SEAT Se07082, DEVERION OF HOTELE AND RESTAURANTS Exyy Cusine Nant CALL RACK INSPECTION REPORT oan LEGAL NOTICE 04724700 10:15 AM Faflare to Sovwfy with thie Moticn roy maeizts am sctminletrative civiaplntet that may teat in seimemelon OF KenOCRLION of your Mvaas sad fines. on: 4437-4 ed cutting bokid gmeved/pkted and no kmger deanabie partibis cleaning bonrd, B 2DOF , ec an open beverage coriaines on a food preparation