State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, License Number. 3912102 CHINA KING R dent License Type 2010 espon , . Case Number 2010055792 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CHINA KING, ("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. Respondent is, and has been at ail 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 4941 E BUSCH BLVD #120, TAMPA, FLORIDA 33617.The mailing address of record is CHINA KING, at 4941 E BUSCH BLVD #120, TAMPA, FLORIDA 33617. 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 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 November 08, 20 Joe Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants. Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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 tl 7160 3901 9848 3503 Sb4a going ADMINISTi ATIVE COMPLAINT has been hand served by me on this. day of , 2010. SS Received by: Inspector's Signature Operator's Signature Title / Title Case Number: 2010055792 — File Number: 123038 District Number: 03 License Number: 3912102 2010 : Form revised 10.04.10 CHINA KING Filed November 21, 2011 11:31 AM Division of Administrative Hearings Exhibit A License Number: 3912102 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010055792 “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 25, 2010, October 26, 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 INA 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. READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. * 2,08A-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. OBSERVED FOOD STORED ON FLOOR; COOKLINE AND WALKIN, * 3.09-05-1 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. . OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY TO EAT; CAN USED TO SCOOP RICE. 4. 13-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) 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. OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. Case Number: 2010055792 File Number: 123038 District Number: 03 License Number: 3912102 2010 Form revised 10.04.10 CHINA KING 5. 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 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 (A)(S) OF THIS SECTION DOES NOT APPLY TO COOKING OIL. STORAGE TANKS, DISTRIBUTION LINES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES. OBSERVED SINGLE USE CONTAINERS (BOXES AND/OR CANS) REUSED FOR THE STORAGE OF FOOD. 6. 16-30-1 4-101.111 FC:: NONFOOD-CONTACT SURFACES. NONFOOD-CONTACT SURFACES OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. A. SHELVES ATTACHED TO WALLS IN WALKIN NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-ABSORBENT, SMOOTH AND EASILY CLEANABLE; RACKS ARE RUSTED. B. REACHIN COOLER RACKS ARE RUSTED. * 7.17-09-1 2-103.11(1) FC:: PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT: (I) EMPLOYEES’ ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING; LACK OF USE OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE COMPARTMENT SINK/WAREWASHING MACHINE. 8. 23-05-1 4-602.13 FC:: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED WALKIN REFRIGERATOR RACKS HAVE RESIDUE BUILDUP. 9. 37-14-1 61C-1,004(6) FAC:; (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED CEILING IN DISREPAIR; WATER DAMAGED TILES. * 40. 52-01-1 §09.292(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 FOOD 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. IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED; FRIED "CRAB" STICK & "CRAB" RANGOON ADVERTISED ON MENU, IMITATION CRAB MEAT BEING SERVED. Case Number: 2010055792 File Number: 123038 District Number: 03 License Number: 3912102 2010 Form revised 10.04.10 CHINA KING

Docket for Case No: 11-005989