Mar 16 2010 11:29 @a/15/2818 65:13 8584146749 DEPR OGA PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vB. , License No. 1103151 GHUNKY T'S on FLA 5Ra License Type 2010 spon ;_ * Case No, 2009021140 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against CHUNKY T'S OLD FLA BBQ, (‘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 918 NE 16TH AVE, GAINESVILLE, FLORIDA 32601,The mailing address of record is CHUNKY T'S OLO FLA BBQ, at 9718 NE 16TH AVE, GAINESVILLE, FLORIDA 32601. 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 victation(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 respactfully 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 ather relief authorized by Ghapter 509, Florida Statutes, or the rules promulgated thereto. Signed April 22, 2009 Steven veh Bodungen, District Manager By delegation af the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Requiation COUNSEL FOR THE DEPARTMENT: Charles F. Tunniciliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32389-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; 7160 3901 9845 7125 8224 7160 3901 9845 7125 8224 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of . 2008. Recaived by: Inspector's Signature Operator's Signature Title Title Case Number: 2009021140 File Number: 217398 Diatict Number: 05 License Number; 1103151 2070 Form revised 07.07.07 CHUNKY T'S OLD FLA BBO Mar 16 2010 11:30 3/15/2616 65:13 8584146749 DEPR OGA PAGE 84/86 Exhibit A License Number: 1103151 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009021140 FC as cited herein references specific provisions of the Food Gode, Recommendatians of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Cade, 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, tis alleged that on January 16, 2009, March 19, 2009 the licensee was in violation of Florida Statute 509(FS) andor the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAG), In the follawing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. * 41.12A-16-1 2-301.14FC: 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 WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (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 SCILED 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 (1) AFTER ENGAGING iN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. EMPLOYEE NOT WASHING HANDS BETWEEN GLOVE CHANGES OR AFTER LEAVING/ RETURNING TO KITCHEN. *92,.90-17-4 4-802.11(C) AND (D) FC: (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOGD-GONTACT SURFACES AND UTENSILS SHALL BE GLEANED 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 44 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS; GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16 HOURS; GREATER THAN 50 DEGREES FAHRENHE!T 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 * denotes critical violation District: 05 Case Number: 2009021140 License Type: 2010 License Number: 1103154 File Number: 217398 CHUNKY T'S OLD FLA BBQ Mar 16 2010 11:30 @a/15/2818 65:13 8584146749 DEPR OGA PAGE 85/86 Exhibit A 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 Fooo OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3. (5) EQUIPMENT 1S USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACHIN REFRIGERATOR AND THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES; (8) THE CLEANING SGHEDULE 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 18 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 INA 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 AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES, OBSERVED SOILED REACHIN COOLER GASKETS. NUMEROUS. 3, 23-06-1 4-602.13 FC: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT AFREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED RESIDUE BUILOUP ON NONFOOD-CONTACT SURFACE, EXTERIOR OF ICE MACHINE. 4,25-04-1 4-903.11(C) AND (D)FC: (G) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD PROTECTION FROM CONTAMINATION UNTIL USED. (D) ITEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204.122. OBSERVED SINGLE-SERVICE ITEMS STORED ON FLOOR. NUMEROUS BOXES IN DRY STORAGE. * denotes critical violation District: 05 Case Number: 2009021140 License Type: 2010 Licengé Number: 1103151 File Number: 217398 CHUNKY T'S OLD FLA BBQ

Docket for Case No: 10-001262