Inspection of this establishment conducted pursuant to Sec 509.032, Florida Statutes, revealed v1olat1ons
of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of lhe establishment. The violation(s) found and applicable law 1s described in Exhibit ''A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1t "8", incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more of the following penalties: ·admirislrative 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 September 03, 2010 • (
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-V-a.Ie0r:ie.F.r.e.e.m.a:n:,:D.i.st.ri.c.t CM.a.n-a-g-er-=-------------
By delegetion of the Director, or des1gnee 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 32399-2202
Certificate of Service
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand servec by me on this
Inspector's Signature
day of , 2010
Recerved by: _
Operator's Signature
Title Title
Case Number: 2010044393 F,le Number: 2123D5 License Number: 5810185 2010
SPICE MODERN STEAKHOUSE
Dis1r,ct Number: D4
Fnrm rr.vl ,:id 10.15 09
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Ma 13 2011 10:21
DBPR OGA PAGE 08
Exhibit A
License Number: 5810165
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010044393
FC as cited herein references specific provisions of the Food Cade, Recommendations of the Umted States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference al Chapter 4A-3, Fire Prevention. General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.
It is alleged that on October 6, 2009, March 2, 2010, June 3, ,2010, August 6, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the D1v1s10n of Hotels and Restaurants, Florida Admini9trative Code (FAC), in !he following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exh1b1t B
1. 02-07-1 3-501.17(8) FC:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED. READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED. AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD IS HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLO, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1, ANO (2) THE
DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURERS
USE BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY
THE DELI MEAT ROUNDS SLICED AND WRAPPED IN THE MEAT COOLER WERE NOT PROPERLY DATE MARKED. (OBSERVED 10/6109, 6/3/10, AND 8/6/10).
" 2. OJA-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED. (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(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 10/8/0Y, LINGUINI WAS 50 DEGREES F, CHEESE WAS 45 DEGR ES F, BEEF WAS 54 DEGREES F, CHICKEN WAS 55 DEGREES F, PROSCUITTO WAS 52 DEGRU:S F, SAUSAGE WAS 53 DEGREES F, TURKEY WAS 52 DEGREES F, HAM WAS 53 DEGREES F, AND RICE WAS 12.5 DEGREES F. ON 3/2/10, DELI HAM WAS 48 DEGREES F, DELI TURKEY WAS 48 DEGREES f, COOKED CHICKEN WAS 48 DEGREES F, flSH WAS 48 DEGREES F, AND COOKED BAKED POTATOES WERE 80 DEGREES F. ON 6/3(10, PASTA WAS 50 DEGREES F, CALAMARI WAS 48 DEGREES F, CHICKEN WAS 48 DEGREES F, MASHEO POTATOES WER 117 O GREES F, SWEET POTATOES WERE 132 DEGREES F, SUSHI RICE WAS 100 DEGREES F, PASTA WAS 44 DEGREES F, TURKEY WAS 50 DEGRf:ES F, AND HAM WAS 50 DEGREES F. ON 8/6/10, COOKED ONIONS WERE 60 DEGREES F, CHEESE WAS 50 DEGREES F, PASTA WAS 48 DEGREES F, CHICKEN WAS 46 DEGREES F, AND BUTTER WAS 54 DEGREES F.
