ga/2a/2818 89:13 8584146749 DEPR OGA Aug 24 2010 14:35 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number. 1102560 SZECHUAN PANDA tt dom License Type 2010 spon a Case Number 2010017675 Administrative Gomplaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SZECHUAN PANDA II, (‘Respondent’), and says: 1, Petitioner is the statelagency 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, licansed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record {s 2031 NW 13 ST, GAINESVILLE, FLORIDA 3260934 10.The mailing address of record is SZECHUAN PANDA Il, at 2031 NW 13 8T, GAINESVILLE, FLORIDA 326093410. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations af the provisions of Chapter 509, Florida Statutes, and / of the rules promulgated thereto governing operation of the establishment, The violation(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|respectfully requests entry of an Order imposing one or more of the follawing 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. Signed April 05, 2010 4 £ 3 | Steven von’sodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32398-2202 Gertificate of Sarvice ‘ BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 3191 2793 THEREBY CERTIFY thatla true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of » 2010. Recelved by: Inspector's Signature Operator's Signature Title Title Case Number: 2010017675 = File Number, 99202 District Number: 05 License Number: 1102560 2010 Form revised 10.15.09 SZECHUAN PANDA It @6/11 8/23/2616 69:13 8584146749 Exhibit A License Number: 1102560 License Type: 2010 PER! Case Number: 2010017675 Aug 24 2010 14:35 DEPR OGA PAGE ANENT FOOD SERVICE FC as cited herein referances specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Fa od and Orug Administration, incorporated by Chapter 61, Florida Administrative Code. NFPA as cited her ‘in references specific provisions of the National Fira Protection Association Life Safety Code, incorporated by reference at Chapter 4A-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 8! 2009, July 14, 2009 December 31, 2009, March 9, 2010 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 report(s) for the above referenced inspection(s) are attached) hereto and incorporated by reference as Exhibit B. * 4, 03A-07-1 WHEN TIME IS USED A: AND EXCEPT AS SPECI SHALL BE MAINTAINED: 3-501.1 8{A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, JED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.14(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 120 DEGREES FAHRENHEITIOR ABOVE; OR (2) 41 DEGREES FAHRENHEIT OR LESS; ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. GARLIC AND OIL 78°F, FISH 46°F, EGGS 48°F ON COOKLINE. CHICKEN 46°F, EGGROLLS 45°F AND CHICKEN ON A © STICK 44 °F IN COKE COOLER. REPEAT VIOLATION. * 2.06-01-1 3-501.13 FC THAWING, EXCEPT AS SPECIFIED IN PARAGRAPH (2) 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 (B) 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 WNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 41 DEGREES FAHRENHETT) (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT JS 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 Ri ADY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. OBSERVED POTENTIALLY HAZARDGUS FOOD THAWED IN AN IMPROPER MANNER. DUCKS NOT COMPLETELY SUBMERGED UNDER RUNNING WATER. REPEAT VIOLATION. INSPECTIONS DATED 5/08/08, 07/14/09 AND 12/31/09. * 8. 0BA-29-1 3-302.11(A)(4) FCs (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAFPPINGS; * denotes critical violation Case Number: 2010017675 License Number: 1102560) SZECHUAN PANDA II Oistrict: 0S License Type: 2010 File Number: 99202 a7/ll ga/2a/2818 89:13 8584146749 DEPR OGA Aug 24 2010 14:36 Exhibit A OBSERVED UNCOVERED FOOD IN WALK-IN COOLER - PREPARED ONIONS AND PEPPERS, REPEAT VIOLATION. INSPECTIONS DATED 05/08/09 AND 12/54/09, 4A, 14-3721 4-501.12 FC: CUTTING SURFACES, SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATGHING AND SCORING SHALL BE RESURFAGED 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. REPEAT VIOLATION, INSPECTIONS DATED 05/08/09, 07/14/09 AND 12/31/09. 4B. 14-49-1 4-202.11 FG: FOOP-CONTACT SURFACES. (A) MULTIUSE FOOD-CONTACT SURFACES SHALL BE: (1) SMOOTH; (2) FREE OF BREAKS, OFEN SEAMS, CRACKS, CHIPS, INCLUSIONS, PITS, AND, SIMILAR IMPERFECTIONS; 3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVIGES; (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 WITHQUT 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. (2) 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 SUSHI MAT IN USE. BAMBOO SUSHI MAT COVERED IN PLASTIC WRAP. INSPECTIONS DATED 12/31/09 AND 03/09/10. + 5. POO 4-501.174(A) FC: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN AS. NITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SFEGIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN AGCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE|A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR JESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS] . OBSERVED DISHMACHINE CHLORINE SANITIZER NOT AT PROPER MINUMUM STRENGTH, 0 PPM. REPEAT VIOLATION. INSPECTIONS DATED 05/08/09 AND 12/34/09. * 6.22-27-1 4-607.11(4) FCs: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH, ; OBSERVED FOOD CONTACT SURFACES ENCRUSTED WITH GREASE AND/OR SOIL DEPOSITS, CUTTING BOARD. REPEAT VIOLATION. INSPECTIONS DATED 08/08/09, 07/14/09 AND 12/31/09. + 7,.30-02-1 5-203,14 FC: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON AHOSE BIBB IF A HOSE IS ATTACHED OR ON 4 HOSE BIBB IF A HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION |S REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED BACKFLOW PREVENTION DEVICE MISSING AT HOSE BIBS. FAUGET IN DISHWASH AREA. INSPECTIONS DATED 42/31/09 AND 03/09/10. * denotes critical violation District: 05 License Type: 2010 Case Number: 2010017675 : it License Number: 1102560 Fila Number: 99202 SZECHUAN PANDA I PAGE ge/11 Aug 24 2010 14:36 ga/2a/2818 89:13 8584146749 DEPR OGA PAGE 9/11 Exhibit A * 8410-09-17 7-201.18 FC: 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 POISONGUS 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. SOAP OVER PREP SINK. INSPECTIONS DATED 12/31/09 AND 03/09/10. : 9, 51-16-1 61C-1.002(6)(CK1) FAC: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 610-4, FAG, SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. OBSERVED NO PLAN REVIEW SUBMITTED AND RENOVATIONS IN PROGRESS. OBSERVED SUSHI BAR AND SELF-SERVICE HAND DIPPED ICE CREAM FREEZER INSTALLED. INSPECTIONS DATED 12/31/09 AND 03/09/10. * denotes critical violation: L District: ve icense Type: 2010 Case Number: 2010017875 i License Number: 1102560 File Number: 99202 SZECHUAN PANDA II

Docket for Case No: 10-008250