State of Florida . Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | Petitioner, | vs. : License Number 5810470 ' CHINA LEE EXPRESS License Type 2010 | Respondent. Case Number 2011004134 : Administrative Complaint" The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Petitioner’), files this Administrative Complaint against CHINA LEE EXPRESS, ("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 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 2338 S$ KIRKMAN ROAD, ORLANDO, FLORIDA 32811.The mailing address of record is CHINA LEE EXP RESS, at 2338 S KIRKMAN ROAD, ORLANDO, FLORIDA 32811. 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 is 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 January 26, 2011 - WAS 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 ,2011 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2011004134 — File Number: 240537 Oistrict Number: 04 License Number: 5810470 2010 Form revised j10.04.10 CHINA LEE EXPRESS Filed January 9, 2012 1:14 PM Division of Administrative Hearings Exhibit A License Number; 5810470 ~ : License Type: 2010 PERMANENT FOOD SERVICE \ Case Number: 2011004134 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Pubtic 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. i * denotes a critical violation. itis alleged that on October 21, 2010, January 11, 2011 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. | * 1.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR ICOOLING, 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 3-401.1 1(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 ROLLOWING:; (A) 41 DEGREES FAHRENHEIT OR LESS; | ON 10/21/10, RICE WAS 119 DEGREES F, POULTRY WAS 119 DEGREES F, RIBS WERE 47 DEGREES F, AND EGG WASH WAS 51 DEGREES F. ON 1/11/11, RICE WAS 126 DEGREES F, CHICKEN WAS 129 DEGREES F, PORK WAS 59 DEGREES F, PASTA WAS 45 DEGREES F, POULTRY WAS 47 DEGREES P AND BEEF WAS 51 DEGREES F, ' * 2.09-01-1 3-301.11(B) FC:; (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. AND 09-03-1 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 10/21/10, AN EMPLOYEE WAS MAKING WONTON WRAPS WITH THEIR BARE HANDS. ON 1/41/11, AN EMPLOYEE WAS CUTTING WASHED CARROTS WITH THEIR BARE HANDS. | * 3.09-05-1 3-301.11(D) FC:; PREVENTING CONTAMINATION FROM HANDS. (0) FOOD EMPLOYEES’ SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM. BOWLS WITH NO HANDLES WERE IN USE TO SCOOP SOY SAUCE AND DUCK SAUCE. * denotes critical violation District: 04 Case Number: 2011004134 License Type: 2010 License Number: 5810470 Fife Number: 240537 CHINA LEE EXPRESS Exhibit A 4.10-05-1 3-304.12(F) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) IN A CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER IS CLEANED AT AFREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D 7). THE RICE SCOOP WAS STORED IN STANDING WATER THAT WAS NOT 135 DEGREES F OR ABOVE, * 5.12A-16-1 2-301.14FC:: WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12)IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED |FOOD, CLEAN “EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND|CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH?2-403.11(B); (D) EXCEPT.AS. SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING! ‘(E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS; OFTENAS . NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (1) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. THE EMPLOYEES WERE ENGAGING IN NUMEROUS TASKS WITHOUT WASHING THEIR HANDS AS NEEDED, (CLEANING, WRAPPING FOODS, ORGANIZING FOODS, EATING), 6, 13-03-41 2-402,11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HAT S| HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE ° DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXFOSED 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. THE COOK/PREP PERSONNEL WERE NOT WEARING HAIR RESTRAINTS. 7.14-51-1 4-401.11 FC:; 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 TOMWITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE: SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. GRAY AND BROWN NON-FOOD GRADE CONTAINERS WERE IN-USE FOR NON-PACKAGED FOODS. 8.21-14-1 3-304.14(B\(2) FC::_ (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED !N A CHEMICAL SANITIZER AT ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-GONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. THE IN-USE TOWELS WERE SEVERELY SOILED. * denotes critical violation District: 04 Case Number: 2011004134 License Type: 2010 License Number: 5810470 File Number: 240537 CHINA LEE EXPRESS Exhibit A | | : i * 9, 22-27-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. THE IN-USE CUTTING BOARDS WERE SOILED. 10. 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. A) THE HOOD FILTERS WERE ENCRUSTED AND DRIPPING WITH GREASE. B) THE BOTTOM SHELF OF THE STEAM TABLE HAD OLD FOOD RESIDUE. 1 * 41.31-09-1 5-205.11(A) FC:: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HAND SINK BY THE REAR DOOR WAS BEING USED FOR STORAGE OF EQUIPMENT. * 412, 35A-05-1 6-501.111 FC:; CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED, UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. NUMEROUS LIVE ROACHES WERE OBSERVED THROUGHOUT THE ESTABLISHMENT. ON 10/21/10, LIVE ROACHES WERE FOUND ON THE SIDE OF THE EXPO TABLE, ON THE HINGES OF THE REACH IN FREEZER, ON THE HINGES OF THE PREP COOLER, AND ON THE LEGS OF THE TABLE USED TO STORE CHICKEN. ON 1/11/11, LIVE ROACHES WERE FOUND ON THE REAR LEGS OF THE STEAM TABLE AND ON THE REAR LEGS OF THE PREP TABLE IN THE KITCHEN. ADDITIONALLY, THERE WERE LIVE FLIES tN THE KITCHEN ON 10/21/10 AND 1/11/11. 13. 51-09-1 61C-1.002(5)(B) FAC:: (B) ANY CHANGES IN THE NUMBER OF SEATS PROVIDED WHICH MAY AFFECT THE LICENSE FEE, THE FLORIDA CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR ANY OTHER SANITATION AND SAFETY REQUIREMENTS PROVIDED IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO THE DIVISION BY THE OPERATOR. A CHANGE OF SEATING WAS NOT REPORTED TO THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS, AND THE NECESSARY SEATING CHANGE EVALUATION FORM HAD NOT BEEN PROVIDED WITH THE REQUIRED APPROVALS. THE FACILITY WAS LICENSED FOR SIX SEATS BUT HAD TWELVE SEATS IN THE DINING AREA. { * denotes critical violation District: 04 Case Number: 2011004134 License Type: 2010 License Number: 6810470 File Number: 240537 CHINA LEE EXPRESS ;

Docket for Case No: 12-000104