Ma 13 2011 10:22

05/13/2011 11:05 8504145749 DBPR OGA PAGE 12

State of Florida

Department of Business and Professional Regulation DMsion of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION

Petitioner,

vs.

SPICE MODERN STEAKHOUSE

Respondent

/

License Number. 5810165

License Type 2010

Case Number 2010018576

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

1

RESTAURANTS, ("Pet1l1oner"), files this Adm1nistrat1ve Complaint against SPICE MODERNl STEAKHOUSE, (''Respondent"). and says

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

2. Respondent is, and has been at all times material herelo, licensed by or sub1ect to the Jurisd1ct1on of the

   Division of Hotels and Restaurants. The respondent's business adoress of record 1s 407 E CENTRAL BLVD, ORLANDO, FLORIDA 32801.The mailing address of record Is SPICE MODERr!.J/ STEAKHOUSE, al PO BOX 520085. LONGWOOD, FLORIDA 3:2752.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of !he provisions of Chapter 509, Florida S1::itu!es, and / or the rules promulgated therelo governing operat.on of the establishment. The violation(s) found and applicable law are describe n Exhibit' A,'' attac ed hereto and incorporated herein by reference Inspection documents are attac!ed as Exh,bl1 "B", incorporated herein by reference

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the folIow1ng penalties administrative fine not to exceod 51,000 per offense, suspension, revocation, orlrefusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgal1 ·d there\o

Signed April D9. 2010

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Valerie Freeman, District Manager

By delegation of the Director, or deslgnee Division of Holels & Restaurants

Department of Business & Professional Regulation

Department of Business & Professional Regulation 1940 North Monroe Street ·

Tallahassee, Florida 32399-2202

Certi{icate of Sen,ic9

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:                                    

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COM

LAINT has been

hand served by me on this    

day of                                                           , 2010

Received by

_,_ _

Inspector's Signature Operator's Signature

Title

Title

Case Number: 2010J18578 FIie Number. 212305

License Number: 5810165 2010 '..PICE MODERN STEAKHOUSE

'

Drs1rScr Nu/Tiber· 0

Form rev,sed 10 15 09

I

Ma 13 2011 10:22

05/13/2011 11:05 8504145749 DBPR OGA PAGE 13

Exhibit A

License Number: 5810165

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010018576

FC as cited herein references specific provisions of the Food Code, Recommendations oft e United States Public Heallh Service, Food and Drug Adm1n1strat,on, incorporated by Chapter 61C, Florid Admln1strat1ve Code. NFPA as cited herein references specific provisions of the National Fire Protection A!ssociatton Life

I

Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Prov,siof,s, Florida

Admin1stratrve Code, and 61C-1.004(5), Florida Administratrve Code. I

• denotes a critical violation.

  
  

  It is alleged that on April 29, 2009, October 6, 2009, February 22, 2010, March 2, 2010 the icensee was in violation of Florida Statute 509(FS) and/or tne Rules of the Division of Hotels and Reslaurahts, Florida Administrative Code (FAC), in the following part,culars. Copy(s) of the report(s) for the abo e referenced

  ,nspecrion(s) are attached hereto and incorporated by reference as E,chibit 8.

  1

• 1 03A-07-1 3-501 i6(A) FC:: (A) EXCEPT DURING PREPARATION. COOKING, OR COOLING. OR

  WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SEc±TION 3-501 19. AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION. POTENTIALLY HAZARDOUS FOOD SHALL BE MAI' ,TAINED (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 1l1(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;

  
  

  ON 4/29/09, LOBSTER BISQUE WAS 46 DEGREES FAHRENHEIT, FRENCH ONION SOUP WAS 45 DEGREES FAHRENHEIT, RAW CHICKEN WAS 49 DEGREES FAHRENHEIT, BEEF WAS 48 DEGREES FAHRENHEIT, TURKEY WAS 47 DEGREES FAHRENHEIT, AND SALMON WAS 47 DEGREES FAHRENHEIT. ON 1016/09, LINGUINI WAS SO DEGREES FAHRENHEIT, CHEESE RA'/il0l1 WAS 45 DEGREES FAHRENHEIT, BEEf WAS 54 DEGREES FAHRENHEIT, CHICKEN WAS 55 DEGREES FAHRENHEIT, PROSCUTTO WAS 52 DEGREES FAHRENHEIT, SAUSAGE WAS 53 DEGREES FAHRENHEIT, TURKEY WAS 48 DEGREES FAHRENHEIT, HAM WAS 53 DEGREES F HRENHEIT, AND RICE WAS 125 DEGREES FAHRENHEIT. ON 3/2/10, HAM WAS 48 DEGREES F.AHR HEIT, TURKEY WAS 48 DEGREES FAHRENHEIT, CHICKEN WAS 48 DEGREES FAHRENHEIT, FISH ,AS 48 DEGREES FAHRENHEIT, BAKED POTATOES WERE 75 DEGREES FAHRENHEIT, AND COOKED! DICED POTATOES WERE 80 DEGREES FAHRENHEIT. :

  
  

  I

• 2 04-01-1 4-301.11 FC:: COOLING. HEATING, AND HOLDING CAPACITIES EQ\.!IPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UND6R CHAPTER 3.

REFRIGERATION EQUIPMENT WAS NOT MAINTAINING COLD FOOD AT 41 DEGREE;S FAHRENHEIT OR BELOW AND HOT HOLDING EQUIPMENT WAS NOT MAINTAINING HOT FOOD AT 135 DEGREES FAHRENHEIT OR ABOVE. (OBSERVED 10/6/09 AND 3/2/10).

• denotes critical v1olat1on Case Number: 2010018576 1,icpn P N1,mber: 5810165

  SPICE MODERN STEAKHOUSE

  District 04 License T pe: 2010 File Num er; 212305

  Ma 13 2011 10:23

  05/13/2011 11:05 850414574'3 DBPR OGA PAGE 14

  
  

  Exhibit A

  
  

  q

  • 3. 20A-10-1 4-501.114(A) FC:: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION· TEMPERATURE.PH CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703 11(C) SHALL BE LISTED I 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOW (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/LAT 120 DEGREES FAHRENHEIT WATER TEMPERATURE.I PH 10 OR LESS_ 50 MG/LAT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/LAT 55 DEGREES FAHRENHEIT WATERTEM,PERATURE, PH 10 OR LESS.]

    
    

    THE DISH MACHINE WAS NOT PROPERLY SANITIZING WITH CHLORINE SANITIZE I AT THE PROPER

    MINIMUM STRENGTH. (OPPM). (OBSERVED 4/29/09, 10/6/09, 2/22/10, AND 3/2110),

    
    

    
    

    
    

    
    

    
    

• denotes rltlcal violation Ca:se Number: 2010018576 License Number: 5810165

SPICE MODERN STEAKHOUSE

q1strict: O

License l]ype 2010

Fite Numt)er 212305

I

I

I

Docket for Case No: 11-002445