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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. HARU

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License Number. 1504214

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License Type 2010

Respond,9nt. Case Number 2011005935

- - - Administrative Complaint I

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

RESTAURANTS, ("Petl\ioner"), files this Administrative Complaint against HARU, ("Respondent"), and says:

1. Petitioner Is the state agency charged wit regulating the operation of pu lic lodging estJblishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florid Statutes.

2. Respondent ls,.and has been al all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of r cord is 3042 W NEW

   HAVEN AVE, W MELBOURNE, FLORIDA 329043566.The mailing address of record lslHARU, at 3042 W NEW HAVEN AVE, W MELBOURNE, FLORIDA 329043566.

3. Inspection of this establlshment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated theret9 governing operation of the establishment. The vlolation(s) found and applicable law are described ·in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attachJd as Exhibit "B", incorporated herein by reference, I

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of th1e following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or rbfusal of a license

issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. I

· .Signed February 03, 2011 '

COUNSEL FOR THE DEPARTMENT:

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Marc Drexler, Lead Attorney Florida Bar No, 0487058

Valerie Freeman, District Manager

By delegation of the Director, or deslgnee Division of Hotels & Restaurants

Department of Business & Professional Re ulation

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Department of Business & Professional Regulation

1940 North Monroe Street I

Tallahassee, Florida 32399-2202 I

Certificate of Service I

B'( CERTIFIED U.S. MAIL, ARTICLE NUMBER:

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COM LAINT has been

hand served by me on this     

Inspector's Signature Title

day of

Received by:.

Case Number: 2011005935 FIie Number: 101058

License N·umber: 1504214 2010

. HARU

Dlslrict Num er: 04 Form revised, 10.04.10

Filed January 13, 2012 9:35 AM Division of Administrative Hearings

xnilliCA

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License Number: 1504214 I

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License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011005935

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 tdministrative 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 Provision]', Florida Administrative Code, arid 61C-1.004(5), Florida Administrative Code.

• denotes a critical violation.

  
  

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  It is alleged that on November 10, 2010, January 1O, 2011 the.licensee was in violation of Fl, rida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative cbde (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attabhed hereto and incorporated by reference as Exhibit B.

  
  

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• 1. 02-13-2 3-603.11 FC CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNQERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIF!ED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(0)(3) AND UND_ER PARAGRl}PH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR pHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT I ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE IGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND Rlj;MINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEp CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFF.ECTIVE WRITTEN MEANS. (8) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE A IMAL-DERIVED FOODS, SUCH AS ""OYSTERS ON THE HALF SHELL (RAW OYSTERS),"" "''RAW-EGG C ESAR SALAD,"" AND ""HAMBURGERS (CAN BE COOKED TO ORDER);"" OR (2) IDENTIFICATION OF THE ANIMAL­ DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THEjlTEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED!FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFJ=TY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RA\J','/ OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREAS!= YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULljRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPEOIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS."" .

  
  

  THERE WAS NO INDICATION ON THE SUSHI MENU WHICH ITEMS CONTAINED RAW FISH.

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• 2. 53A-09-1 61C-4.023(1) FAC:: (1) WHEN FOUR OR MORE EMPLOYEES', AT ONE TIME, ARE

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  ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED j ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION f;AANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLIS MENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS.

  
  

  THERE WAS NO CERTIFIED FOOD MANAGER ON SITE WITH FOUR EMPLOYEES WORKING IN FOOD PREPARATION AND SERVICE.

  
  

• denotes critical violation Case Number: 2011005935 License Number: 1504214 HARU

District: 04

License Ty e: 2010 File Number: 101058

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Docket for Case No: 12-000171