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State of Flori a Dapartment of Business and Pro ssional Reg

Division of Hotels and estaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

lation

vs.

CHA-CHA JAPANESE CAFE License Num er,. 6020425

Resp o nden t.

License Type 20!10

Case Numbe 2010028109

                                       ,/ dminis ·ve Co 1t t

The DEPARTMENT OF BUSINESS AND PROFESSIONAL R GULATION,

IV!SION OF HOTELS AND

I

RESTAURANTS, ("Petitioner"), files this Administrative Compl inl against CH ·CHA JAPANESE CAFE, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the pe ation of pu lie lodging establishments and public food service establishments, pursuant to Section 20 165 and Chap er 509, Florida Statutes,

2, Respondent is, and has been at all times material hereto, I cehsed by or bject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's bus r,el;s address f record is 155 S SR 7 STE 108, WELLINGTON, FLORIDA 33414,The mailing address of r cclrd is CHA- HA JAPANESE CAFE, at 860 SANCTUARY CAVE DR, PALM BEACH GARDENS, FLO ldA 33410.

3. Inspection of this establishment conducted pursu,;,nt to Se . 5b9.032, Flo ·da Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and/ or hd rules prom lgated thereto governing operation of the establishment. The violat1on(s) found and apb11cable law are described in Exhibit "A," attached hereto and incorporated herein by reference, Ins eclion docum nts are attached as Exhibit "B", incorporated herein by reference

WHEREFORE, Petitioner respectfully requests entry of an Ord r i posing on or more of the following penalties: administrative fine not lo exceed $1,000 per offense smspenslon, r vocation, or refusal of a license issued pursuant lo this Chapter, and/or any other relief au hori ed by Chapter 509, Florida Statutes, or the

rules promulgated thereto.

Signed June 07, 2010

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Ken Buck, Dis ri Manager

By delegation f /he Director, or designee Division of Ho eiJ & Restaur nts

Department o B 'siness & P fesslonal Regulation

Department of B slness & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399"2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBt=R:

I HEREBY CERTIFY that a true and correct copy of the foregoi g ADMINIST

TIVE: COMPLAINT has been

hand served by me on this     

Inspector's Signature Title

day of--------+-+-- 20 0,

Received b                                     

itle

Co•• Number: 2010026109 FIie Number: 2 6

Ucon•• Number: 6020425 2010

CHA-CHA JAPAN SE CAFE

Olstrle;t Number: 02

Forrn revi ed 1O.15.09

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Exhibit A

License Number: 6020425

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010028109

"FC" as cited herein references specific provisions of the Foo Code, Recom endations of the United States Public Health Service, Food and Drug Administration, incorpor t,\d by ChaptSr 61C, Florida Administrative Code, "NFPA" as cited herein references specific provisions o the National F re Protection Association L e Safety Code, incorporated by reference at Chapter 4A-3, "Fire Pr vention, G neral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Cdde.

""' denotes a critical violation.

It is alleged that on March 17, 2010, May 25, 2010 the licens was in violati n of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Fl idk Administr tlve Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced i spaction(s) a attached hereto and incorporated by reference as Exhibit B. I

b

• 1. 09-04-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASH N FRUITS ND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHE ISE APPROV D, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH T Elf BARE HA DS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, ONGS, SING E-USE GLOVES, OR DISPENSING EQUIPMENT.

  J

  OBSERVED BARE HAND CONTACT OF READY-TO-EAT F O BY EMP OYEES AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OP Rla.TING PR CEDURE IN EFFECT..,CHEF CUTTING VEGETABLES.

  
  

  2. 21-11-1 3-304.14(8)(2) FC AND 4-501.114(A) FC:: ( ), LOTHS US D FOR WIPING FOOD SPILLS SHALL BE: (1) DRY AND USED FOR WIPING FOOD SPILL FffiOM TAl3L WARE AND CARRY-OUT CONTAINERS; OR (2) WET AND CLEANED AS SPECIFIED NbER PARA RAPH 4-802.11(0), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECI 18D IN SECT ON 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-C NTACT SUR ACES OF EQUIPMENT. 4- 501,114(A): A CHLORINE SOLUTION SHALL HAVE A MINI U TEMPE TURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED N IT'HE FOLL WING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MGIL AT 1 0 [DEGREES AHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/LAT 100 DEGRE SiAHRENHE T WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LE ); 100 MG/L T 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.]

  OBSERVED WIPING CLOTH CHLORINE SANITIZING SOLU , I

  STRENGTH...O PPM. I

  N NOT AT HE PROPER MINIMUM

  
  

  ' 3. 53A-01-1 509.039 FS AND 61C-4.023(1) FAC:: ALL ANAGERS E PLOYED BY A FOOD

  1

  SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FO SERVICE ANAGER] TEST AND

  RECEIVED A CERTIFICATE ATTESTING THERETO. MANA E SHAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MAN G- RS WHO RE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OFF O S TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DE ONSTRATIN A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS C ARTER THO E MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION E MINATION S ALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHIC IS VALID F RA PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. I

  OBSERVED MANAGER LACKING PROOF OF FOOD MANA BR CERTIFI ATION.

  
  

  Co,o Numb@r: 2010028109 Filo Number: 236233

  Lioons• Number; 6020425 2010

  CH/1-c;H/\ J/\PANESE CAFl:C

  District Number: 02

  Form revised 10.15.09

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  05/20/2011 13:19 8504145749 DBPR OGA PAGE 05

  
  

  • 4. 53B-08-1 509.049 FS; FOOD SERVICE EMPLOYE T INING. HE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STAND RbS FOR TH TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR TH STORAGE, REPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABL\SHMEN S REGULAT UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINAT ON, BUT SHA L PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR F'OOD ERVICE EMP OYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN SY THE l ISION. AN FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER E PLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED B T I E OPERA OR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF TH l.!ICENSEE F THE PUBLIC FOOD SERVICE

i 1 :g J:: d i1 e ft E V:olH\ TtJ i: 1 NATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM T IS FUNCTIO AS AN AGENT OF' THE

LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE C RTIFICATI N PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOY E HIRED A ER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER MPLOYMEN . CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS, I

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAIN NG PROVIDE . ALL PUBLIC FOOD

SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISI N WITH PRO F OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT H TIME OF NY DIVISION INSPECTION OF THE ESTABLISHMENT.

Caso Number: 2010028109 FIio Number: Z36233 Llcen;e Number. 602042S 2010

CHA-CHA JAPANESE CAFE

Oistrict Number: 0:2

Form revised 10.15.09

Docket for Case No: 11-003126