State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number. 5811318 CHINA STAR R dent License Type 2010 espon aa Case Number 2010041739 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CHINA STAR, (“Respondent”), and says: 4. 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. Respondent 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 3080 CURRY FORD ROAD, ORLANDO, FLORIDA 32806.The mailing address of record Is CHINA STAR, at 3080 CURRY FORD ROAD, ORLANDO, FLORIDA 32806. 3, 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 violation(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 nat 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 20, 2010 Lo . 3 , Valerie Freeman, District Manager By delegation of the Director, or designee 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: | HEREBY CERTIFY that.a true and correct copy of the foregoing ADMINISTRATIVE ( COMPLAINT has been hand served by me on this. day of , 2010 Received by: : Inspector's Signature : Operator's Signature Title Title Case Number: 2010041739 — File Number: 229658 District Number: 04 License Number; 5811318 2010 Form revised 10.15.09 CHINA STAR Filed August 25, 2011 11:10 AM Division of Administrative Hearings Exhibit A License Number: 5811318 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010041739 FC as cited herein references specific provisions of the 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 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. Itis alleged that on August 18, 2009, August 19, 2009, February 24, 2010, July 27, 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 (FAC), 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. * 4.02-22-1 3-501.17(A) FC:; (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A 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) 44 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. ON 8/18/09, THE COOKED CHICKEN, EGGROLLS, AND DUMPLINGS WERE HELD MORE THAN 24 HOURS AND WERE NOT PROPERLY DATE MARKED. ON 2/24/10, COOKED EGGROLLS, DUMPLINGS, AND TOFU IN THE REACH IN AND WALK IN COOLERS WERE HELD MORE THAN 24 HOURS AND WERE NOT PROPERLY DATE MARKED. * 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(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 8/18/09, THE SHRIMP WAS 60 DEGREES F, TOFU WAS 60 DEGREES F, BEEF WAS 57 DEGREES F, CHICKEN WAS 58 DEGREES F, NOODLES WERE 63 DEGREES F, FRIED CHICKEN WAS 70 AND 110 DEGREES F, RAW EGGS WERE 70 DEGREES F, AND MEAT DUMPLING WAS 58 DEGREES F. ON 8/19/09, NOODLES WERE &2 DEGREES F, EGGS WERE 69 DEGREES F, SOUP WAS 60 DEGREES F, CHICKEN WAS 67 DEGREES F, TOFU WAS 56 DEGREES F, SHRIMP WAS 48 DEGREES F, BEEF WAS 47 DEGREES F, AND CHICKEN WAS 48 DEGREES F. ON 2/24/10, THE GARLIC AND OIL MIXTURE WAS 65 DEGREES F. ON 7/27/10, PORK WAS 52 DEGREES F, SHRIMP WAS 52 DEGREES F, CHICKEN WAS 52 DEGREES F, NOODLES WERE 63 DEGREES F, TOFU WAS 55 DEGREES F, GARLIC AND OIL MIXTURE WAS 70 DEGREES F, CHICKEN WAS 85 DEGREES F, AND CORN STARCH AND WATER WAS 70 DEGREES F. * denotes critical violation District: 04 Case Number: 2010041739 License Type: 2010 License Number: 6811318 File Number: 229658 CHINA STAR Exhibit A * 3.08A-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, 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 !S CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. ON 8/18/09, RAW ONIONS WERE STORED ON THE KITCHEN FLOOR, ON 7/27/10, CASES OF CHICKEN WERE STORED ON THE FLOOR OF THE WALK IN COOLER. * 4.08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS;: ON 8/18/09, THERE WERE EGGROLLS AND CHICKEN STORED IN THE WALK IN COOLER UNCOVERED, ON 7/27/10, THERE WERE EGGROLLS, PORK, VEGETABLES AND SAUCES STORED IN THE WALK IN COOLER UNCOVERED, * §,09-05-1 3-301.11(D) FC:: PREVENTING CONTAMINATION FROM HANDS. (D) FOOD EMPLOYEES’ SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM. ON 8/18/09, THERE WAS A PLASTIC CONTAINER WITHOUT A HANDLE USED AS A SCOOP IN THE DRY BULK GRANULES ITEMS. ON 2/24/10, THERE WERE CONDIMENT CUPS WITHOUT HANDLES USED AS A SCOOP IN THE BULK CONTAINERS OF FLOUR AND CORNSTARCH. ALSO ON 7/27/10, THERE WERE CUPS WITHOUT HANDLES USED AS A SCOOP FOR THE SOY SAUCES AND BULK GRANULE CONTAINERS. 6. 13-03-1 2-402.41 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (8B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES' SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, THERE WERE EMPLOYEES PREPARING FOOD WITH NO HAIR RESTRAINT. (OBSERVED ON 8/18/09, 2/24/10, AND 7/27/10). * denotes critical violation District: 04 Case Number: 2010041739 License Type: 2010 License Number: 5811318 File Number: 229658 CHINA STAR Exhibit A 7. 14-41-1 4-401.11 FG:: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT, (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND — REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. DIRTY CARBOARD WAS USED AS A SHELF COVERING IN THE WALK IN COOLER. (OBSERVED 2/24/10 AND 7/27/10). * 8, 31-09-41 5-205.11(A) FC:; (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. ON 8/18/09, THE BACK COOKLINE HAND WASHING SINK WAS BLOCKED BY FIVE GALLON BUCKETS. ON 2/24/10, THE HAND WASHING SINK BY THE REACH IN FREEZER WAS BLOCKED BY SUPPLIES AND OTHER ITEMS. ALSO ON 7/27/10, THE HAND WASHING SINK IN THE WARE WASHING AREA WAS BLOCKED BY AN UMBRELLA AND A PAIR OF UTILITY GLOVES, * 9, 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. ON 8/18/09 AND 2/24/10, THE FRONT HANDWASHING SINK WAS LACKING PROPER HAND DRYING PROVISIONS, ON 7/27/10, THE COOKLINE HAND SINKS WERE LACKING PROPER HAND DRYING PROVISIONS, * denotes critical violation District: 04 Case Number: 2010041739 , License Type: 2010 License Number: 6811318 : File Number: 229658 CHINA STAR

Docket for Case No: 11-004372