State of Florlda
Department of Business and Professional Regulation Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
vs.
NEW CENTURY BUFFET
Respondent.
-----------''
License Number, 1103053
License Type 2010
Case Number 2010041147
Administrative Complalnt
The.DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner"}, files this Administrative Complaint against NEW CENTURY BUFFET, ("Respondent"}, and says:
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.
Respondent ls, 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-buslness-address of-record-is 67'95-W-N5WSeRRY RD, GAINESVILLE, FLORIDA 32605.The mailing address of record is NEW CENTURY BUFFET, at 6795 W NEWBERRY RD, GAINESVILLE, FLORIDA 32605.
Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The vfolation(s) found and applicable law are described In Exhibit "A," attached hereto and Incorporated herein by reference. Inspection documents are attached as Exhibit "B", Incorporated herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative 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 August 18, 201O
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney Florida Bar No. 0487058
Mic ell Hayn , District Manager
By delegation of the Director, or deslgnee Division of Hotels & Restaurants
Department of Business & Professional Regulation
Department of Business & Professional Regulation
1940 North Monroe Street Tallahassee, Florida 32399 2202
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this
Inspector's Signature
day of ,201O.
Received by: _ Operator's Signature
Title Title
Case Number: 2010041147 File Number: 236446
License Number: 1103053 2010
NEW CENTURY BUFFET
District Number: 05
Form revised 10.15.09
Filed August 23, 2011 1:02 PM Division of Administrative Hearings
License Number: 1103053
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010041147
1------,..&as-eite<'H1erei1Hefer-enee5-Sf)eeifie--previsiens-el-the-Feeci-€ede,Reeemmendatiens-el-the-tlnitee'-State,c
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 at Chapter 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 December 29, 2009, March 3, 2010, July 29, 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, 02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION,
···-REFRIGERATED;-READY:To:EAT POTEIIITIA[[YRAZARDOOS-FOOD-PREPARED7\IIID-RE[o-lWA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1.
OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. CHICKEN, PORK, EGGROLLS, ETC. REPEAT VIOLATION. INSPECTIONS DATED 12/29/09 AND 07/29/10.
' 2. 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 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(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;
' 3. 03B-03-1 3-501.16 (A)(1) 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(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE;
' 4A. 08A-05-1 3-302.15 FC:: (A) RAW FRUITS AND VEGETABLES SHALL BE THOROUGHLY WASHED IN WATER TO REMOVE SOIL AND OTHER CONTAMINANTS BEFORE BEING CUT, COMBINED WITH OTHER INGREDIENTS, COOKED, SERVED, OR OFFERED FOR HUMAN CONSUMPTION IN
denotes critical violation Case Number: 2010041147 License Number: 1103053
District: 05
License Type: 2010
File Number: 236446
I_
Exhibit A
READY-TO-EAT FORM EXCEPT AS SPECIFIED IN PARAGRAPHS (8) OF THIS SECTION AND EXCEPT THAT WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR WASHING BY THE CONSUMER BEFORE CONSUMPTION NEED NOT BE WASHED BEFORE THEY ARE SOLD. (B) NEED REST OF CODE
4B. 08A-26-1 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) COOKED READY-TO-EAT FOOD;
5A. 10-02-1 3-304.12(C) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (C) ON A CLEAN PORTION OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ONLY IF THE IN-USE UTENSIL AND THE FOOD-CONTACT SURFACE OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ARE CLEANED AND SANITIZED AT A FREQUENCY SPECIFIED UNDER SECTIONS 4-602.11 AND 4-702.11;
........ -··---oBSERVED-1N°usE-UTENSltS-NOT-STORED-owA-ctEAN-PORTIOWOFFOOD-PREPARATION-oR-----
5B. 10-08-1 3-304.12(A)AND (8) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (A) EXCEPT AS SPECIFIED UNDER PARAGRAPH (8) OF THIS SECTION, IN THE FOOD WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD AND THE CONTAINER; (8) IN FOOD THAT IS NOT POTENTIALLY HAZARDOUS WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD WITHIN CONTAINERS OR EQUIPMENT THAT CAN BE CLOSED, SUCH AS BINS OF SUGAR, FLOUR, OR CINNAMON;
6.12B-07-1 2-401.11 FC:: EATING, DRINKING, OR USING TOBACCO. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE AND SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION CAN NOT RESULT. (8) A FOOD EMPLOYEE MAY DRINK FROM A CLOSED BEVERAGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1) THE EMPLOYEE'S HANDS; (2) THE CONTAINER; AND (3) EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES; AND 386.204 FS: A PERSON MAY NOT SMOKE IN AN ENCLOSED INDOOR WORKPLACE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 386.2045 FS.
7A. 14-37-1 4-501.12 FC:: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED.
7B. 14-49-1 4-202.11 FC:: FOOD-CONTACT SURFACES. (A) MULTIUSE FOOD-CONTACT SURFACES SHALL BE: (1) SMOOTH; (2) FREE OF BREAKS, OPEN SEAMS, CRACKS, CHIPS, INCLUSIONS, PITS, AND SIMILAR IMPERFECTIONS; 3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVICES; (4) FINISHED TO HAVE SMOOTH WELDS AND JOINTS; AND (5) EXCEPT
denotes critical violation
District: 05
AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, ACCESSIBLE FOR CLEANING AND INSPECTION BY ONE OF THE FOLLOWING METHODS: (A) WITHOUT BEING DISASSEMBLED, (B) BY DISASSEMBLING WITHOUT THE USE OF TOOLS, OR (C) BY EASY DISASSEMBLING WITH THE USE OF HANDHELD TOOLS COMMONLY AVAILABLE TO MAINTENANCE AND CLEANING PERSONNEL SUCH AS SCREWDRIVERS, PLIERS, OPEN-END WRENCHES, AND ALLEN WRENCHES. (B) SUBPARAGRAPH
l----- fA)( )-0 TH!&SE&FI0 0E&NOT APPLY TO COOKING OIL STORAGE¾NKS,918TRIB\ffiON s
FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES.
8. 21-12-1 3-304.14(8)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT.
9. 22-27-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.
10A. 23-03-1 4-601.11(C) FC:: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILD-UP OF GREASE ON NON-FOOD CONTACT SURFACE. HOOD FILTERS. REPEAT VIOLATION. INSPECTIONS DATED 12/29/09 AND 07/29/10.
10B. 23-06-1 4-601.11(C) FC:: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILD-UP OF FOOD DEBRIS, DUST OR DIRT ON NON-FOOD CONTACT SURFACE. WALK IN COOLER SHELVING. REPEAT VIOLATION. INSPECTIONS DATED 12/29/09 AND 07/29/10.
11A. 24-06-1 4-903.11(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR.
11B. 24-11-1 4-903.11(A) AND (B) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED: (1) IN A SELF-DRAINING POSITION THAT ALLOWS AIR DRYING; AND (2) COVERED OR INVERTED.
12. 32-16-1 6-301.12 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR
(C) A HEATED-AIR HAND DRYING DEVICE.
denotes critical violation Case Number: 2010041147 License Number: 1103053
District: os License Type: 2010
FIie Number: 236446
denotes critical violation District: o 5
