State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ‘ : | SEAWEED ASIAN CUISINE : rroense Toe BOO Respondent. Case Number 2011054938 Administrative Complaint . The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SEAWEED ASIAN CUISINE, ("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 8950 S FEDERAL HWY 1, PORT ST LUCIE, FLORIDA 34952.The mailing address of record is SEAWEED ASIAN CUISINE, at 2077 SE HARDING ST, PORT ST LUCIE, FLORIDA 34952, 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 . tules promulgated thereto: Signed November 15, 2011 Dhan 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: 2011054938 File Number: 246171 . District Number: 04 License Number: 6602490 2010 Form revised 09.10.14 SEAWEED ASIAN CUISINE . . ; Filed July 19, 2012 2:56 PM Division of Administrative Hearings Exhibit A License Number: 6602490 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011054938 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 August 26, 2011, October 27, 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. * 1,08A-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; ON 08/26/11, FLATS OF RAW SHELL. EGGS WERE STORED OVER ACASE OF CABBAGE AND SNOW PEAS IN THE WALK-IN COOLER. ON 10/27/11, APLASTIC WRAPPED PAN OF RAW TUNA WAS STORED ABOVE A CASE OF ZUCCHINI IN THE WALK-IN COOLER. 2.23-07-1 4-602.13 FC:; NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT AFREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. : THE BAR AREA REACH-IN COOLER GASKETS HAD A SLIMY MOLD-LIKE BUILDUP ON THEM. (OBSERVED 08/26/11 AND 10/27/11) * 3,31-09-1 5-205.11(A) FC: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT:IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HAND WASH SINK WAS NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES. ON 08/26/11, THE DISH AREA HAND WASH SINK HAD A SUSHI RICE CONTAINER STORED IN IT. ON 10/27/11, THE GLASS DOORS TO THE SUSHI CASE WERE STORED IN THE SUSHI COUNTER HAND WASH SINK. * denotes critical violation District: 04 ~ Case Number: 2011054938 : 7 License Type: 2010 License Number: 6602490 ; File Number: 246171 SEAWEED ASIAN CUISINE an . Exhibit A * 4.35B-03-1 6-202.15 FC:; OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT tS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS ‘AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. : THE OUTER OPENINGS WERE NOT PROTECTED WITH SELF-CLOSING DOORS. (OBSERVED 08/26/11 AND 10/27/11) . * §,52-01-1 509.292(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. “WHITE TUNA” WAS ADVERTISED ON THE MENU BUT ESCOLAR WAS BEING SERVED. (OBSERVED 08/26/11) : : : * denotes critical violation District: 04 Case Number: 2011054938 License Type: 2010 License Number: 6602490 . File Number: 246171 SEAWEED ASIAN CUISINE

Docket for Case No: 12-002500