Jun 21 2010 9:14 B6/ 26/2818 83:55 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : Patitioner, vs, JUMBO BUFFET License Number 3903747 Respondent, License Type 201 , Case Number 2009059556 f Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against JUMBO BUFFET, ("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 508, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject ta the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 8503 W HILLSBOROUGH AVE, TAMPA, FLORIDA 33615.The mailing address of record is JUMBO BUFFET, at 8503 W HILLSBOROUGH AVENUE, TAMPA, FLORIDA 33615. 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 is 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, suspension, revocation, or refusal of a licanse issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the tules promulgated thereto. Signed November 20, “e Joe Perez, Distret Manager By delegation of the Director, or designe: Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regutation 1940 North Monroe Street : Tallahassee, Florida 32399-2202 Certificate of Service ; Seer rot De EEES 7 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER NaigRCleN Peni See Co | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has heen hand served by me an this. day of , 2009 Received by: Inspector's Signature Operator's Signature er) Title Title Case Number: 2008059556 File Number: 228671 District Number: 03 License Number: 3803747 2010 Form revised 10,15,08 JUMBO BUFFET a3/ae Jun 21 2010 9:15 B6/ 26/2818 83:55 8584146749 DEPR OGA PAGE @4/ae Exhibit A License Number: 3903747 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008059556 FC as cited herein references specific provisions of the Food Cade, 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on May 26, 2009, July 16, 2009, October 13, 2009 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. Gopy(s) of the repari(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,02-221 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHIGH 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. READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD OVER 24 HOURS NOT PROPERLY DATE MARKED. * 2.06044 350113 FC: THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (D} OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1) AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (8) TO BE ABOVE 41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FooD is EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (B) THE TIME IT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 44 DEGREES FAHRENHEIT: (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT [8 FROZEN IS: (1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) OR SECTION 3-401.12, OR (2) THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS, OR {D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE — IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED IN STANDING WATER ON 5/26/09 AND THGIOS. OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED AT ROOM TEMPERATURE ON 10/43/08. * denotes critical violation District: 0a Case Number: 2009059556 License Type: 2010 License Number: 3903747 File Number: 228671 JUMBO BUFFET Jun 21 2010 9:15 B6/ 26/2818 83:55 8584146749 DEPR OGA PAGE @5/@8 Exhibit A * 3A. 088-04-1 3-304.13 FC:; LINENS AND NAPKINS MAY NOT SE USED IN CONTACT WITH FOOD UNLESS THEY ARE USED TO LINE A CONTAINER FOR THE SERVICE OF FOODS AND THE LINENS AND NAPKINS ARE REPLACED EACH TIME THE CONTAINER IS REFILLED FOR A NEW GONSUMER, OBSERVED CLOTH USED AS A FOOD-CONTACT SURFACE, CLOTH ON RICE OBSERVED 5/26/09 AND 10/73/09. * 3B. 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. (8B) 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. (CG) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC GRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR OF COOLER, OBSERVED 5/26/09 AND 10/12/09. * 30, 084-20-1 3-302.11(A)(4) FC: (A) FOOD SHALL BE PROTECTED FROM GROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS: OBSERVED UNCOVERED FOOD IN HOLDING UNIT; COOLER. 4, 14-491 4-202.11 FC: FOOD-CONTACT SURFACES. (A) MULTIUSE FOOD-CONTACT SURFACES SHALL BE: (1) SMOOTH; (2) FREE OF BREAKS, OPEN SEAMS, CRACKS, CHIPS, INCLUSIONS, PITS, AND SIMILAR IMPERFECTIONS; 3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVICES; (4) FINISHED TO HAVE SMOOTH WELDS AND JOINTS; AND (5) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, ACCESSIBLE FOR CLEANING AND INSPECTION BY ONE OF THE FOLLOWING METHODS: (A) WITHOUT BEING DISASSEMBLED, (B) BY DISASSEMBLING WITHOUT THE USE OF TOOLS, OR (C) 8Y EASY DISASSEMBLING WITH THE USE OF HANDHELD TOOLS COMMONLY AVAILABLE TO MAINTENANCE AND CLEANING PERSONNEL SUCH AS SCREWDRIVERS, PLIERS, OPEN-END WRENCHES, AND ALLEN WRENCHES. (B) SUBPARAGRAPH (A\(5) OF THIS SECTION DOES NOT APPLY TO COOKING OIL STORAGE TANKS, DISTRIBUTION LINES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES. OBSERVED SINGLE USE CONTAINERS (BOXES, CANS AND/OR GALLON JUGS) REUSED FOR THE STORAGE OF FOOD. 5. 21-12-1 3-304.14(BX2} FC: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802,11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES, 6. 2410-1 4-903.14(A) AND (B) FG:; (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B}) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (Aj OF THIS SECTION AND SHALL BE STORED: (1) IN A SELF-DRAINING POSITION THAT ALLOWS AIR DRYING; AND (2) COVERED OR INVERTED. OBSERVED UTENSILS STORED IN CREVICES BETWEEN EQUIPMENT, OBSERVED 5/26/09 AND 10/13/09. * denotes critical violation District: 93 Case Number: 2009059556 License Type: 2010 License Number; 3903747 File Number: 228671 JUMBO BUFFET Jun 21 2010 9:15 B6/ 26/2818 83:55 8584146749 DEPR OGA PAGE 86/88 Exhibit A * 7, 41A-09-1 7-204.11FC:: 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. OBSERVED TOXIC ITEM STORED IN FOOD PREPARATION AREA. OBSERVED 5/29/09 AND 10/13/09. * denotes critical violation ; District: 03 Case Number: 2009059556 License Type: 2010 License Number: 3903747 File Number. 228671 JUMBO BUFFET

Docket for Case No: 10-003339