May 1? 2010 13:45 @5/16/2018 88:28 8584146749 DEPR OGA PAGE @4/@6 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. License Number, 1505670 OH YES SUSHI R dent License Type 2010 esponenn Case Number 2009052006 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), flles this Administrative Compjaint against OH YES SUSHI, (“Respondent”), and says: 1, Petitioner ig 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 7777 N WICKHAM RD UNIT #8, MELBOURNE, FLORIDA 32940.The malling address of record, is OH YES SUSHI, at 7777 N WICKHAM RD UNIT #8, MELBOURNE, FLORIDA 32940, 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 "AY 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, 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. V tints Qa Signed October 02, 2009 Valeria Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Laad Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-2202 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 — Received by: Inspector's Signature Operator's Signature Title Title Gase Number: 2009052008 File Number: 195163 Distriet Number: 04 Form revised 07.15.09 Ueense Number: 1505670 2010 OW YES SUSHI May 1? 2010 13:45 @5/16/2018 88:28 8584146749 DEPR OGA PAGE 85/86 Exhibit A License Number: 1505670 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009052006 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States _ Publi¢ 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 Coda, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on July 15, 2009, September 16, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (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. * 4.02-26-1 23-302.12 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. FOOD STORAGE CONTAINERS OF FISH WERE NOT IDENTIFIED IN THE WALK IN FREEZER. * 2.022721 3-402.12FC:: RECORDS, CREATION AND RETENTION. (A) EXGEPT AS SPECIFIED IN PARAGRAPH 3-402.11(B) AND PARAGRAPH (B) OF THIS SECTION, IF RAW, RAW-MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH ARE SERVED OR SOLD IN READY- TO-EAT FORM, THE PERSON IN GHARGE SHALL RECORD THE FREEZING TEMPERATURE AND TIME TO WHICH THE FISH ARE SUBJECTED AND SHALL RETAIN THE RECORDS OF THE FOOD ESTABLISHMENT FOR 80 CALENDAR DAYS BEYOND THE TIME OF SERVICE OR SALE OF THE FISH. (B) IF THE FISH ARE FROZEN BY A SUPPLIER, A WRITTEN AGREEMENT OR STATEMENT FROM THE SUPPLIER STIPULATING THAT THE FISH SUPPLIED ARE FROZEN TO A TEMPERATURE AND FOR A TIME SPECIFIED UNDER SECTION 3-402.11 MAY SUBSTITUTE FOR THE RECORDS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION. THERE WERE NO FREEZING RECORDS FOR THE FRESH SALMON USED FOR RAW SUSHI, * 3.084-28-1 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) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR, OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (8) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPEGIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIG GRATES MAY BE STORED ON A FLOOR THAT IS CLEAN ANDO NOT EXPOSED TO FLOOR MOISTURE. CASES OF FISH WERE STORED ON THE WALK IN FREEZER FLOOR, | * denotes critical violation District: 04 Case Number: 2009052006 Licanse Type: 2010 License Number: 1505670 File Number: 195163 OH YES SUSHI ;

Docket for Case No: 10-002669