Feb 16 2009 9:21 82/16/2889 18:16 8584146749 DBPR OGA PAGE / . 8/17 . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, 6013825 SABA - FINE ASIAN DINING - SUSH! BAR & LOU eee tye ooo . Respandsnt. Case No. 2008049902 eee DMINISTRATIVE GOMPLA' The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this ‘Administrative Camplaint against SABA ~ FINE ASIAN DINING - SUSHI BAR & LOUNGE, (“Respondent”), and says: 4. Patitloner is the state agency charged with regulating the operation of public edging establishments and public food service establishments, pursuant to Sectlan 20,165 and Chapter 509, Florida Statutes. 2, Raspandent Is, and has been at all times material heréto, licanged by or subject ta the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record js 489- 498 S FEDERAL HWY, BOCA RATON, FLORIDA 33432.The malling address of record Is SABA - FINE ASIAN DINING - SUSHI BAR & LOUNGE, at 4351-E COUNTRY CLUB CIR, PLANTATION, FLORIDA 33317. 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 violatlon(s) found and applicable taw are described in Exhibit "A," attached hereto and Incorporated herain by reference. Inspection documents are attached as Exhibit "8"; ‘incorporated herein by reference. WHEREFORE, Pelitioher respectfully requests entry of an Order imposing one or more of the follawing penalties: administrative fine not to exceed $1,000 par offense; mandatory attendance at Respondent's expense at an educational pragram 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 rulas.prombigated thereta, Signed September 10, 2008 Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Ragulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation - 4940 North Monrae Streat 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 heen hand served by me on this. day of , 2008. Received by: Inspector's Signature Operatar’s Signature * Title Title Case Number: 2008048802 File Number. 213324 District Number: 02 Licenea Number: 6013826 2010 Form revised 07.07.07 SABA FINE-ASIAN-GINING—SUEH/-BAR-& LOUNGE: 82/16/2009 10:16 9584146749 DBPR OGA PAGE 89/17 sang tee . Administrative Code, and 61C-1.004(5), Florida Administrative Code Feb 16 2009 9:21 Exhibit A License Number: 6013825 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008049802 the Food Code, Recommendations of the United States incorporated by Chapter 61C, Florida Administrative nal Fire Protection Association Life General Provisions", Florida "EC" as cited herein references specific provisions of Public Health Service, Food and Drug Administration, Code, "NFPA" as cited herein references specific provisions of the Natlo Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, “*" denotes a critical violation. Itis alleged that on May 19, 2008, September 2, 2008 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 raport(s) for the above raferencad Inspection(s) are attached herato and incorporated by referanca as Exhibit B. ‘ * 4,08A-28-1 3-305.11 FC:; FOOD STORAGE. (A) EXCEPT:AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION, (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 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. OBSERVED FOOD STORED ON THE FLOOR... WALK-IN COOLER. 2. 14-37-1 4-501.12FC:; CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO 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 GROOVED/ PITTED AND NO LONGER CLEANABLE. _* 3,52-04-1 §09.292(1) FS: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT. THE IDENTITY OF FOOD ORA FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY GUSTOM AND USAGE. OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED....IMITATION CRAB.USED AS CRAB, Case Number: 2008049502 Fite Number, 213324 Dietfct Number: 02 License Number: 8013825 2070 Form revlaad 07.07.07 SABAFINE-ASIAN-DINING—SUSHI-BARA-LOUNGE—— Feb 16 2009. 9:21 @2/16/2089 18:16 8584146749 DEPR OGA PAGE * 4.63A-20-1 509.030 FS:: ALLMANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER} TEST AND RECEIVED ACERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH 1S VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE; AND 61C-4.023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM DF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. : OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION AND NO ONE CERTIFIED AT THE LOCATION, * 5,53B-08-1 509.049FS: FOOD SERVICE EMPLOYEE TRAINING, THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD | SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. [T SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE ~ A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. . OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. Case Number: 2008049902. File Number: 213324 Distdat Number, 02 License Number: 8013825 2010 Farm reviead 07.07.07 18/17 SABA - FINE ASIAN DINING - SUSHI BAR & LOUNGE

Docket for Case No: 09-000849