Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JACKY LEE'S
Judges: JOHN D. C. NEWTON, II
Agency: Department of Business and Professional Regulation
Locations: Fort Lauderdale, Florida
Filed: Jan. 10, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 28, 2011.
Latest Update: Dec. 25, 2024
Jan 10 2011 13:49
@1/10/2811 14:36 8584146749 DBPR OGA PAGE 493
State of Florida
Department ot Business and Profes: ional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
‘ License Number! 1613244
JACKY LEE'S Respondent License Type 2040
esp ri Case Number “penoerer
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against JACKY LEE'S, (“Respondent’), and
says"
1. Petitioner is the state agency charged with regulating the opetation 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, licehsed by or Subject to the jurisdiction of the
Division of Hotels and Restaurants. The tespondent's business address f recard ig 10422 W ATLANTIC
BLVD, CORAL SPRINGS, FLORIDA 33071,The mailing addtess of recotd Is JACKY LEE'S, at 10422 w
ATLANTIC BLVD, CORAL SPRINGS, FLORIDA 33071
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 violatian(s) found and applicable laware described in Exhibit "A,"
attached hereto and incorporated herein by reference. Inspection documénts are attached as Exhibit “8”,
incorporated herein by reference
or more of the following
evocation, or refusal of a license
509, Florida Statutes, or the
WHEREFORE, Petitioner fespecttully requests entry of an Order imposing o
penalties: administrative fine not to exceed $1,000 per offense, suspension,
issued pursuant to thls Chapter, and/or any other relief authorized by Chapte
tules promulgated thereto.
Signed February 23, 2010 i. I
Ken Buck, Distribt Manager
By delegation ofthe Directos, or designee
Division of Hotels & Restaurants
Department of Business & fofessional Regulation
COUNSEL FOR THE DEPARTMENT:
Mare Drexler, Lead Attorney
Florida Bar No. 0487058
Department of Business & Professional Reguiation
1940 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 foregaing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of . 2010.
Nw y me L ry —_—t
Received by’
Inspector's Signature Operator's
SSS
Tithe
Case Number. 2010008761 File Number: 178343 District Number: 02
License Number: 1613244 2010 Form revised 10.15.09
JACKY LEE'S
Jan 10 2011 13:49
81/18/2011 14:36 8504146749 DBPR OGA PAGE 04
Exhibit A
License Number: 1613244
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010008764
“FC” as cited herein references specific provisions of the Food Ci . Recommendations of the United States
Public Health Service, Food and Drug Administration, incorporated by Chaptet 61C, Florida Administrative
Code. “NFPA” as cited herein references specific provisions of the National Fife Protection Association Life
Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Geferal Provisions”, Florida
Administrative Code, and 61G-1 .004(5), Florida Administrative Cote.
“ denotes a critical violation.
tis alleged that on August 11, 2009, February 2, 2010 the licansee Was in violation of Florida Statute S09(FS)
and/or the Rules of the Division of Hotels and Restaurants, Moridd Administra ive Cade (FAC), in the following
Particulars. Copy(s) of the report(s) for the abova referenced inspéction(s) are attached hereto and
incorporated by reference as Exhibit B.
* 4.02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION,
REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PRI PARED AND HELD INA
DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41
DEGREES FAHRENHE!T OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL
A. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS OOD PREPARED ON SITE AND HELD
MORE THAN 24 HOURS NOT PROPERLY DATE MARKED,,..BATTERED COOKED CHICKEN, COOKED
CHICKEN WINGS, AND EGGROLLS IN WALK-IN COOLER.
5B. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND
FROZEN, NOT PROPERLY DATE MARKED...BATTERED SHRI PIN WALK-IN COOLER.
£2. 08A-29-4 —3-302.11(A)(4) FC:: (A) FOOD SHALL BE PR TECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES| COVERED CONTAINERS, OR
WRAPPINGS;
OBSERVED UNCOVERED FOOD IN HOLDING UNIT/ DRY STORAGE AREA...BATTERED CHICKEN,
EGGROLLS, RAW CUT-UP CHICKEN, COOKED CHICKEN WINGS AND PREPARED VEGETABLES IN
WALK-IN COOLER.
* 3,09-01-1 3-301.11(B) FC:. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS
SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY
DISPENSING EQUIPMENT,
OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOOD CONTAINER OR|OTHER CONTAINER WITH
NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD...DUCK SAUCE,
IN OR DISPENSING, FOOD
CONTAINER OF WATER IF
4. 10-07-1 3-304.12(F) FC: DURING PAUSES IN FOOD PREPARATI
PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) IN
THE WATER IS MAINTAINEO AT A TEMPERATURE OF AT LEAST 135 DE
CONTAINER IS CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPA
OBSERVED IN-USE UTENSIL STORED (N STANDING WATER LESS THA
FAHRENHEIT. |
GRAPH 4-602.11(D)(7).
135 DEGREES
i
i
Oistrict Number: 02
Form revised 10.15.09
Case Number: 2010008761 File Number: 178343
Lleanse Number, 1613244 2010
JACKY LEE'S
Docket for Case No: 11-000123
Issue Date |
Proceedings |
Jan. 28, 2011 |
Order Closing File. CASE CLOSED.
|
Jan. 27, 2011 |
Notice of Voluntary Dismissal filed.
|
Jan. 26, 2011 |
Order of Pre-hearing Instructions.
|
Jan. 26, 2011 |
Notice of Hearing (hearing set for March 11, 2011; 8:30 a.m.; Fort Lauderdale, FL).
|
Jan. 14, 2011 |
Response to Initial Order filed.
|
Jan. 11, 2011 |
Initial Order.
|
Jan. 10, 2011 |
Election of Rights filed.
|
Jan. 10, 2011 |
Administrative Complaint filed.
|
Jan. 10, 2011 |
Agency referral filed.
|