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DBPR OGA

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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

SUSHI TOMI

Respond/ ent.

License Number. 5810529

License Type 2010

Cese Number 201D028176

. Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against SUSHI TOMI. ("Respondent"), and says:

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

2. Re:spondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the

   Division of Hotels and Restaurants, The respondent's business address of record is 8462 JOHN YOUNG PKWY, ORLANDO, FLORIDA 32819.The mailing address otmcord Is SUSHI TOMI, at 4713 LARCHMONT CT, ORLANDO, FLORIDA 32821.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statvtr;,s, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are described in E)(hibit "A," attached herelo and incorporated herein by reference. Inspection documents are attached as Exhibii "6", incorporated herein by reference,

   WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more oi the following penalties: administrative fine not to exceed $1,000 per C>ffense, 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 June 07, 2010

      il,'>J"--= :} ::::::::::

   Valerie Freeman, Distric, Manager

   By delegation of the Director, or designee Division o: Hotels & Restaurants

   Department of Business & Professional Regulation

   COUNSEL FOR THE DEPARTMENT:

   Marc Drexler, Lead Attorney Florida Bar No. 046705B

   Department t'.>i Business & Professional Regulation 1940 North Monroe Street

   Tallahassee. Florida 32399-2202

   Certificate of Service

   BY CERTIFll=D U.S. MAI/., ARTICLE NUMBER:                                     

   I HEREBY CERTIFY that a true and correct i::opy of the foregoing ADMINISTRATIVE COMPLAINT h s been

   hand sernd by me on this     

   
   

   Inspector's Signature

   day of                            ,, 2010.

   Received by:                               Operator's Signature

   
   

   Title 'Title

   
   

   
   

   Case Number: 2010D2B1i6 j,::1/e Nurnb r: 18470", Li ense Numbar: 5810529 20m

   SUSHI ;C,MI

   
   

   O!strict Numbe : Qli.

   Form rF.!'Vlsed O, 15.09

   
   

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   PAGE 04

   
   

   
   

   Exhibit A

   
   

   License Number: 5810529

   License Type: 2010 PERMANENT FOOD SERVICE

   Case Number; 2010028176

   
   

   FC as cited herein references specific provisions of lhe Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein referi;,nces specific provisions of the National Firi;, Proteclion Association Life Safety Code, incorporated by reference at Chapt<;,r 4A"3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C"1,004(5), Florida Administrative Code,

   
   

   • denotes a critical violation.

   
   

   It Is alleged that on May 27, 2009, December 7, 2009, May 13, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAG), In the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B.

   
   

   • 1. 01B-23-1 3-402.11 FC:: PARASITE DESTRUCTION. (A) EXCEPT AS SPECIFIED IN PARAGRAPH

     (B) OF THIS SECTION, BEFORE SERVICE OR SALE IN READY-TO-EAT FORM, RAW, RAW-MARINATED, PARTIALLY COOKED. OR MARINATED"PARTIALLY COOKED FISH OTHER THAN MOLLUSCAN SHELLFISH SHALL BE FROZEN THROUGHOUT TO A TEMPERATURE OF; (1) -4 DEGREES FAHRENHEIT OR BELOW FOR 168 HOURS (7 DAYS) IN A FREEZER; OR (2) -31 DEGREES FAHRENHEIT OR BELOW FOR 15 HOURS IN A BLAST FREEZER. (B) IF THE FISH ARE TUNA OF TliE SPECIES THUNNUS ALALUNGA, THUNNUS ALBACARES (YELLOW FIN ,UNA), THUNNUS ATLANTIC US, THUNNUS MACCOYII (BLUEFIN TUNA, SOUTHERN), THUNNUS OBESUS (BIGEYE TUNA), OR

     1HUNNUS THYNNUS (BLUEFIN TUNA, NORTHERN), THE FISH MAY BE SERVED OR SOLD tN A RAW, RAW-MARINATED, OR PARTIALLY COOKED READY-TO-EAT FORM WITHOUT FREEZING AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION.

     
     

     ON 12/7/09, FRESH LARGE FLUKE AND FRESH SEA URCHIN WERE SERVED UNDER COOKED AS SUSHI WITHOUT PROPER PARASITE DESTRUCTION. ON 5/13/10, SEA URCHIN AND SPICY CONCH WERE BEING USED AS SUSHI AND SERVJ:aD UNDERCOOKED WITHOUT PROPER PARASITE DESTRUCTION.

     
     

   • 2. 02-07-1 3"501.17(9) 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 SY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, 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; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY.

   
   

   TOFU OPENED ANO HELD MORE THAN 24 HOURS IN THE REACH IN COOLER WAS NOT DATE MARKED. (OBSERVED 1217109 AND 5113/10).

   
   

   • denotes critical violation

     ·Case Number; 2010028176

     bistrict: oi

     License Type: 201O

     
     

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     PAGE 05

     
     

     Exhibit A

     
     

     • 3. 03A-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 E;XCEPT AS SPECIFIED IN PARf,.GRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHl:lr OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) 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 1217/09, BEEF WAS 123 DEGREES FAHRENHEIT IN A POT ON THE STOVE.. ALSO, TOFU IN THE REACH IN COOLER WAS 47 DEGREES FAHRENHEIT, CRAB LEGS WERE 54 DEGREES FAHRENHEIT AT THE FRONT COUNTER AREA, AND RICE AT THE SUSHI STATION WAS 113 DEGREES FAHRENHEIT. ON 5/13/10, TUNA WAS 50 DEGREES FAHRENHEIT AT THE FRONT COUNTER PREP REACH IN COOLR.

       
       

     • 4. OBA-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECilON, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, OUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE.

       
       

       ON 5/27/09, TEMPURA BATTER BAGS WERE STORED ON THE FLOOR BY rHE DRY STORAGE AREA. ON 1217/09 AND 5113110, FLOUR WAS STORED ON THE FLOOR.

       
       

       • 5. 12A-06-1 61C-4.010(1)(0)(5) FAC:: (1)(0)(5) THE OPERATIONAL PROCEDURES MUST PROVIDE AN EFFECTIVE WAY TO MONITOR EMPLOYEES' TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THE FOOD CODE AND THE SPECIFICATIONS OF THE WRITTEN PROCEDURES. THE WRITTEN PROCEDURES MUST DESCRIBE THE CORRECTIVE ACTIONS THE OPERATOR MUST TAKE WHEN PROCEDURES AR£; NOT FOLLOWED. ALL EMPLOYEES', INCLUDING THE OPERATOR, MANAGER, OR ANY SUPERVISORY POSITION, WHO HANDLES READY-TO-EAT FOODS WITH BARE HANDS MUST COMPLY WITH ALL REQUIREMENTS OF THE FOOD CODE AND THE ESTABLISHMENT'S WRITTEN OPERATIONAL PROCEDURl:S.

       
       

       A) THE PERSON IN CHARGE WAS NOT PROPERLY MONITORING THE EMPLOYEES AS Rl:QUIRED BY AN ALTERNATIVE OPERATING PRCEDURE. (OBSERVED 12/7/09 AND 5/13/10).

       BJ iHE EMPLOYEES WERE NOT FOLLOWING THE REQUIREMENTS OF THE ALTERNATIVE OPl:RATING PROCEDURE. ON 1217/09, AN EMPLOYEE SCRATCHED THEIR FACE, THEN TOUCHED A BAG OF FISH WITHOUT WASHING THEIR HANDS. ON 5/13/10, A KITCHEN EMPL.OYEE WAS HANDLING SHRIMP WITH THEIR BARE HANDS IN AN AREA NOT IDENTIFIED AS A BARE HAND CONTACT AREA IN THE ALTERNATIVE OPERATING PROCEDURE.

       
       

       C) THE WRITTEN AL TR.NATIVE OPERATING PROCEDURE DID NOT REQUIRE THE EMPLOYEES TO RECEIVE ANY PROFESSIONAL HYGIENE TRAINING PRIOR TO ANY FOOD HANDLING ACTIVITY. (OBSERVED 1217/09 AND 5113/10).

       
       

       • denotes critical violation

         District: O 4

         
         

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         Exhibit A

         
         

         6. 14-32-1 4-101.19 FC:: WOOD, USE LIMITATION. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (D) OF THIS SECTION, WOOD AND WOOD WICKER MAY NOT BE USED AS A FOOD­ CONTACT SURFACE, (B} HARD MAPLE OR AN EQUIVALENTLY HARD, CLOSE-GRAINED WOOD MAY BE USED FOR: (1) CUTTING BOARDS; CUTTING BLOCKS; BAKERS' TABLES; AND UTENSILS SUCH AS ROLLING PINS, DOUGHNUT DOWELS, SALAD BOWLS, AND CHOPSTICKS; AND (2) WOODEN PADDLES USED IN CONFECTIONERY OPERATIONS FOR PRESSURE SCRAPING KETTLES WHEN MANUALLY PREPARING CONFECTIONS AT A TEMPERATURE OF 230 DEGREES FAHRENHEIT OR ABOVE. (C) WHOLE, UNCUT, RAW FRUITS AND VEGETABLES, AND NUTS IN THE SHELL MAY BE KEPT IN THE WOOD SHIPPING CONTAINERS IN WHICH THEY WERE RECEIVED, UNTIL THE FRUITS, VEGETABLES, OR NUTS ARE USED. (D} IF THE NATURE OF THE: FOOD REQUIRES REMOVAL OF RINDS, PEELS, HUSKS, OR SHELLS BEFORE CONSUMPTION, THE WHOLE, UNCUT, RAW FOOD MAY

         BE KEPT IN: (1) UNTREATED WOOD CONTAINERS; OR (2) TREATED WOOD CONTAINERS IF THE CONTAINERS ARE TREATED WITH A PRESERVATIVE THAT MEETS THE REQUIREMENTS SPECIFIED IN 21 CFR 178.3800 PRESERVATIVES FOR WOOD.

         
         

         1. THE WOODEN SUSHI WRAPS WERE COVERED WITH PLASTIC AND WERE NOT MADE OF MULTl• USE MATERIAL. (OBSERVED 12/7109 AND 5113/10).

            
            

         2. THE LARGE WOODEN BOWL USED FOR SUSHI RICE WAS MADE OF NON-FOOD GRADE WOOD. (OBSERVED 1217109 ANO 5/13/10).

• 7. 31"12-1 5"205.11(8) FC:; (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING.

  
  

  ON 12/7109 AND 5/13110, THE HANO SINK AT THE FRONT COUNTER WAS BEING USED AS A PREP SINK.

  
  

  8. 37-01-1 61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.

  
  

  THE CEILING OVER THE DISH MACHINE IN THE REAR PREP AREA WAS MISSING. (1217/09 AND 5113/10).

  
  

• 9. 52-01-1 509.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT. THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A)'THE DESCRIPTION OF THE FOOD OR FOQD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B} THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR {C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE.

A} THERE TABLE MENU ADVERTISED "WHITE TUNA" ITEMS. "LADY'S FINGER ROLL." & "FIRE CRACKER"'. HOWEVER, WHEN THE OWNER WAS ASKED FOR THE WHITE TUNA, THEY PROVIDED A DOCUMENT THAT STATED IT WAS '"ESCOLAR". (OBSERVED 5/1311O).

B) iHE TABLE MENU AVERTISED "CRAB MEAT" ITEMS. "CRAB SALAD ROLL'" & "MITSUBISHI SUSHI'". HOWEVER, WHEN THE OWNER WAS ASKED FOR THE CRAB MEAT USED FOR THla ITEMS, THEY STATED THAT IT WAS IMITATION CRAB MEAT. (OBSERVED 1217/09 AND 5113/10).

• denotes critical violation District 04

Docket for Case No: 11-003142