86/27/2818 Ba: 23 8584146749 DEPR OGA Jun 28 2010 3:43 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VEL . Lie Number 5810942 FU HUA CHINESE RESTAURANT Licence Type 2010 Respondent Case Number 2009048136 et Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this ‘Administrative Complaint against FU HUA CHINESE RESTAURANT, (‘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 20.185 and Chapter 609, Florida Statutes. 2. Respondentis, and has been at all times material herato, licensed by or subject ta the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 4065 & GOLDENROD RD, ORLANDO, FLORIDA 32822. The mailing address of record is FU HUA CHINESE RESTAURANT, at 4065 § GOLDENROD RD, ORLANDO, FLORIDA 32822. 3. tnspection 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 thereta 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 "2B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing oné or more of the fallawing penalties: administrative fine not to exceed $1,000 per offense, suspensian, revocation, or refusal of a license jgaued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed Septernber 21, 2009 Valerie 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, Lead 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 09. hand served by me on this day of , 20 Received by: Inspector's Signature Operator's Signature Title Title Cane Number: 2009048136 File Number: 194827 District Number: 04 Licange Number: 5840942 2010 Form revised 07,415.08 FU HUA CHINESE RESTAURANT a3/ag Jun 28 2010 3:43 Be/27/ 2018 8g: 23 8584146749 DEPR OGA PAGE @4/ag Exhibit A License Number: 5810942 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009048136 FC as cited herein references specific provisions of the Food Code, Réecommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA as cited herain refarences 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 616-1 004(5), Florida Administrative Code. * denotes a critical violation. tis alleged that on January 26, 2009,.April 7, 2009, August,25, 2009 the licensee was in violation of Florida Statute 509(FS) and/ar the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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 Exhiblt B. * 4,02-22-1 3S501.17(A)FC: (A) EXCEPT AS SPEGIFIED 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 WHICH 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. COOKED PORK, GHIGKEN, AND WONTONS IN THE WALK IN GOOLER HELD OVER 24 HOURS WERE NOT DATE MARKED, (OBSERVED 1/26/09 AND 8/25/09). * 2 0B8A-23-1 S302 11(A)(1) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (8) COOKED READY-TO-EAT FOOD, RAW CHICKEN WAS STORED OVER COOKED CHICKEN INSIDE THE WALK IN COOLER. (OBSERVED 4126/09 AND 8/25/09). 3. 14-49-1 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 (8) 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) BY 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 LUNES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES. NOODLE BAGS WERE RE-USED TO STORE RIBS INSIDE THE REACH IN FREEZER. ALSO, BOXES WERE RE-USED TO STORE COOKED CHICKEN INSIDE THE WALK IN COOLER. (OBSERVED 1/26/09 AND 8/25/09) * denotes critical violation District: 04 Case Number: 2009048136 License Type: 2010 License Number: 5610842 File Number: 194827 FU HUA CHINESE RESTAURANT Jun 28 2010 3:43 86/27/2818 Ba: 23 8584146749 DEPR OGA PAGE 85/ ag Exhibit A * 4.34-09-1 5-205.11(A) FCs: (APA HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT !T 18 ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HANDSINK WAS BLOCKED WITH BULK FOOD BINS BY THE LEFT SIDE OF THE COOK'S LINE. (OBSERVED 1/26/09, 4/7/08, AND 8/25/09). * denotes critical violation District 04 Case Number: 2009048136 License Type: 2010 License Number: 5810942 Fille Number: 194827 FU HUA CHINESE RESTAURANT

Docket for Case No: 10-004137