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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GUANGDONG CHINESE RESTAURANT, 12-001066 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001066 Visitors: 9
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GUANGDONG CHINESE RESTAURANT
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Mar. 21, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 1, 2012.

Latest Update: Jun. 01, 2024
State of Florida : Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. - . GUANGDONG CHINESE RESTAURANT rigense Type portal Respondent. Case Number 2011027483 : : Administrative Complaint The DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GUANGDONG CHINESE 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. 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 2469 W US HWY 90 #148, LAKE CITY, FLORIDA 32055.The mailing address of record is GUANGDONG CHINESE RESTAURANT, at 2469 W US HWY 90 #148, LAKE CITY, FLORIDA 32055, 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. ‘ 2. 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 tules promulgated thereto. Signed May 31, 2071 & a Michelle Haynes, 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 co hand served by me on this. day of py of the foregoing ADMINISTRATIVE COMPLAINT has been : : 4. Inspector's Signature Title Case Number: 2011027483 File Number: 198081 License Number: 2200217 2010 GUANGDONG CHINESE RESTAURANT Filed March 21, 2012 2:04 Received by: Operator's Signature Title District Number: 05 Form revised 02.02.11 PM Division of Administrative Hearings Exhibit A License Number: 2200217 : License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011027483 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. It is alleged that on May 19, 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 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 3-401.1 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 FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. IN GLASS COOLER: EGGROLLS AT 48°F - 50°F AND PORK AT 48°F. " 2A, 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. CHICKEN, MEAT AND KRAB MEAT ON FLOOR IN WALK-IN FREEZER, SAUCE ON FLOOR IN WALK-IN COOLER, * 2B. 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; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. CHICKEN, RICE, SHRIMP AND MEAT. * 3. 12A-22-1 61C-4.010(1)(D) FAC AND 3-301.11(B) FC:: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (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. * denotes critical violation District: 05 Case Number: 2011027483 License Type: 2010 License Number: 2200217 File Number: 198081 GUANGDONG CHINESE RESTAURANT Exhibit A OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. FOOD WORKER TOUCHED COOKED EGGROLLS WITH BARE HANDS WHILE ATTEMPTING TO CHECK PRODUCT © TEMPERATURE. 4.14-51-1 4-101.41 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 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. OBSERVED NON-FOOD GRADE CONTAINERS USED FOR FOOD STORAGE IN BOTH WALK-IN AND REACH-IN UNITS. 5.21-12-4 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 IN A CHEMICAL SANITIZER AT ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTHS NOT STORED IN SANITIZING SOLUTION BETWEEN USES. ON COUNTER TOPS THROUGHOUT KITCHEN. . 6. 36-13-1 6-501.12(A) FC: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. OBSERVED GREASE ACCUMULATED UNDER COOKING EQUIPMENT. District: 05 License Type: 2010 File Number: 198081 * denotes critical violation Case Number: 2011027483 License Number: 2200217 GUANGDONG CHINESE RESTAURANT

Docket for Case No: 12-001066
Source:  Florida - Division of Administrative Hearings

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