State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. KABAB HOUSE RESTAURANT rigense Tye : i at 70 Responciont. Case Number 2011019544 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against KABAB HOUSE RESTAURANT, (“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 1129 WEST UNIVERSITY AVENUE, GAINESVILLE, FLORIDA 32601.The mailing address of record is KABAB HOUSE RESTAURANT, at PO BOX 357371, GAINESVILLE, FLORIDA 32635. 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 April 13, 2014 Michelle aynes| District Manager By delegation afthe 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: 7160 3901 9849 0947 4524 | 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: 2011019544 — File Number: 221259 District Number: 05 License Number: 1103170 2010 Form revised 02.02.11 KABAB HOUSE RESTAURANT Filed February 22, 2012 10:58 AM Division of Administrative Hearings Exhibit A License Number: 1103170 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011019544 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 January 20, 2011, March 29, 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. * §4,03A-07-1 3+501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S 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; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41F. IN COOKLINE REACH-IN UNIT: CREAM AT 47°F, .* 2,03D-05-1 3-5014.14(A) FC:: (A) COOKED POTENTIALLY HAZARDOUS FOOD SHALL BE COOLED; (1) WITHIN 2 HOURS, FROM 135 DEGREES FAHRENHEIT TO 70 DEGREES FAHRENHEIT; AND (2) WITHIN A TOTAL OF 6 HOURS, FROM 135 DEGREES FAHRENHEIT TO 41DEGREES FAHRENHEIT OR LESS ... OBSERVED POTENTIALLY HAZARDOUS FOOD NOT COOLED FROM 135°F TO 41°F WITHIN 6 HOURS. RICE AT 45°F AND GOAT CURRY AT 46°F, BOTH COOKED YESTERDAY. * 3,05-09-1 4-204.112 FC:: (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (£) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. District: 05 License Type: 2010 File Number: 221259 * denotes critical violation Case Number: 2011019544 License Number: 1103170 KABAB HOUSE RESTAURANT Exhibit A OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. COOKLINE REACH- IN UNIT. * 4A, 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; OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. IN REACH-IN UNIT: EGGS OVER PRODUCE, RAW CHICKEN OVER VEGETABLES AND RAW BEEF OVER YOGURT. * 4B, 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) IN A 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 IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR. JUGS OF OIL AND BAG OF FLOUR. * 5,08B-04-1 3-304.13 FC:: LINENS AND NAPKINS MAY NOT BE USED IN CONTACT WITH FOOD UNLESS THEY ARE USED TO LINE A CONTAINER FOR THE SERVICE OF FOODS AND THE LINENS AND NAPKINS ARE REPLACED EACH TIME THE CONTAINER IS REFILLED FOR A NEW CONSUMER. OBSERVED CLOTH USED AS A FOOD CONTACT SURFACE. SOILED CLOTH TIED WITH SOILED STRING USED TO PUT BREAD IN OVEN, * 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. (B) 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. OBSERVED OPEN BEVERAGE CONTAINERS ON A FOOD PREPARATION TABLE OR OVERINEXT TO CLEAN EQUIPMENT UTENSILS. OPEN CUP OF TEA ON PREP TABLE. * 7.22-27-1 4-601,11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED FOOD CONTACT SURFACES ENGRUSTED WITH GREASE AND/OR SOIL DEPOSITS. CUTTING BOARDS. * denotes critical violation District: 05 Case Number: 2011019544 License Type: 2010 License Number: 1103170 File Number: 221259 KABAB HOUSE RESTAURANT

Docket for Case No: 12-000718