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State of Florida

Departm<a>nt of Busirnass and Professional Regulation Division of Hotels and R!!staurants

DEPARTMEl T OF BUSINESS AND PROFESSIONAL REGULATION

1

PeUtioner

vs.

ALEX'S CAFE

R-=!spondent.

./

License Number, 5808281

License Type 2010

Case Number 2010010364

Administrative Complaint

The DEPARTMEl T OF BUSll ESS /.\l D PROFESSIOl AL Ri:GULATIOI . DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against ALEX'S CAFE, ("Respondent"), and

say :

1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuent to Section 20.165 and Chapter 509, Florida Statutes.

2. Respondent is, and has been al all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Resta rants. The respondent's business address of record is 947 N SEMORAN

   SL VD, ORLANDO, FLORIDA 32807.The mailing address of record is All:"X'S CAFE, at 947 N SEMORAN BLVD, ORLANDO, FLORIDA 32607.

3. Inspection of this establishment conducted pursuanl to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, anci I or the rules promulgated thereto governing operation oi the establishment. The violation(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. lnsoection documents are attached as Exhibit "8", inoorporateD :1eiein by reference,

WHEREFORE, Petitioner respectfully requests entry oi an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per ofiense, suspension, revocation, or refusal of a license issued pucsuant to this Chapter, ;ind/or an)' other relief authorized by Chapter 509, Florida Statu1es, or the rules pmmulga1e!d therelo.

· Signed March 03, 2010

Valerie Freeman, DiWict 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 Florid,;, Bar No. 0467058

D pa;tmenl of Business & Professional Regulation 19ll0 North Monroe Streel

Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U,S. MAIL ART/CUE NUMBER:

I HEREBY CERTIFY that _a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT h:;,s been

hand served by me on this     

Inspector's Signature

d y of                                                       ,201o.

Received by:                                                                     

Operator's Signature

Title Title

Cise N 1mber: 010010384 FIie Number: 226666

LiCMS Number: 5808281 2010 AI.EX'S CAFE

Disttioc 1..iumber: (1.1

Porm revised 10.i5_{]g

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Exhibit A

License Number: 5808281

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010010384•

FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorpora!ed by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of lhe National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Admihistrative Code, and 61C-1.004(5), Florida Administrative Code.

• denotes a critical violation.

  
  

  It is alleged that on August 25, 2009, February 8, 201O the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurimts, Florida Administrative Code (FAC), In the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) ,;,re, attached hereto and incorporated by reference as Exhibit B.

  
  

• 1. OBA-22-1 3-302.11(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 (B) COOKi;D READY-TO-EAT FOOD:

RAW BEEF WAS STORED WITH SUB ROLLS IN THE REACH IN FREEZER.

• 2. 12A-15-1 2-301.14 FC:; WHEN TO WASH. FOOD EMPLOYEl;S' SHALL CLEAN THl;IR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATl;LY BEFORE ENGAGING tN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND:

1. AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(8), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING: (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CON1AMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS.

   
   

   COOK'S WERE OBSERVED CHANGING TASKS AND PUTTING ON GLOV.ES WITHOUT WASHING THEIR HANDS BETWEEN TASKS.

   
   

   • denotes critical violation Case Number: 2010010384 License Number: 5808281 ALEX'S CAFE

     District: O 4

     License Type: 2010

     File Number: 226686

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     Exhibit A

     
     

     • 3. 22-10-1 4-602.11(A) AND (B) FC;: EQUIPMENT FOOD-CONTACT SURFACES AND U'tENSILS.

   1. EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED: (1) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE EACH USE WITH A DIFFERENT TYPE OF RAW ANIMAL FOOD SUCH AS BEEF, FISH, LAMB, PORK, OR POULTRY: (2) EACH TIME THERE IS A CHANGE FROM WORKING WITH RAW FOODS TO WORKING WITH READY-TO-EAT FOODS; (3) BETWEEN USES WltH RAW FRUITS OR VEGETABLES AND WITH POTENTIALLY HAZARDOUS FOOD;

(4) BEFORE USING OR STORING A FOOD TEMPERATURE MEASURING DEVICE; AND (5) AT ANY TIME DURING THE OPERATION WHEN CON,AMINATION MAY HAVE OCCURRED. (B) SUBPARAGRAPH (A)(1) OF THIS SECTION DOES NOT APPLY IF THE FOOD-CONTACT SURFACE OR UTENSIL IS IN CONTACT WITH A SUCCESSION OF DIFFERENT RAW ANIMAL FOODS EACH REQUIRING A HIGHER COOKING TEMPERATURE AS SPECIFIED UNDER SECTION 3-401.11 THAN THE PREVIOUS FOOD, SUCH AS PREPARING RAW FISH FOLLOWED BY CUTTING RAW POULTRY ON THE SAME CUTTING BOARD.

THERE WAS A BLACK SLIMY SUBSTANCE INSIDE THE ICE MACHINE.

• denotes critical violation Case Number: 2010010·3g4 License Number: 5808281 ALEX'S CAFE

District: o 4

License 'type: 2010

File Number: 226686

Docket for Case No: 11-000174