State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ROBATA JAPANESE STEAKHOUSE License Number 4608430 Ras! " License Type 2010 —=Case Number—2014060384 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against ROBATA JAPANESE STEAKHOUSE, (“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 1500 OAKLEY SEAVER DR #5, CLERMONT, FLORIDA 34711.The mailing address of record is ROBATA JAPANESE. STEAKHOUSE, at 1500 OAKLEY SEAVER DR #5, CLERMONT, FLORIDA 34711, 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 December 21, 2011 Vien Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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 , 2071. Received by: inspector's Signature . Operator's Signature Title Title Case Number; 2011060384 File Number: 229963 . District Number; 04 License Number: 4508439 2010 Form revised 09.10.71 ROBATA JAPANESE STEAKHOUSE » Filed July 31, 2012 12:55 PM Division of Administrative Hearings j{ Administrative Code, and 61C-1.004(5), Florida Administrative Code. Exhibit A License Number: 4508439 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011060384 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 * denotes a critical violation. itis alleged that on September 20, 2011, December 2, 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 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 3-401.11(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; ON 09/20/11, TOFU WAS 50 DEGREES FAHRENHEIT. ON 12/02/11, TOFU WAS 56 DEGREES FAHRENHEIT. * 2,08A-11-1 3-303.11FC:: ICE USED AS EXTERIOR COOLANT, PROHIBITED AS INGREDIENT. AFTER USE AS A MEDIUM FOR COOLING THE EXTERIOR SURFACES OF FOOD SUCH AS MELONS OR FISH, PACKAGED FOODS SUCH AS CANNED BEVERAGES, OR COOLING COILS AND TUBES OF EQUIPMENT, ICE MAY NOT BE USED AS FOOD. : THERE WERE TWO CONTAINERS OF LEMONS STORED IN THE DRINK ICE AT THE WAIT STATION. * 3,08A-23-1 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; ' THE RAW SHRIMP WAS STORED OVER VEGETABLES IN THE REACH-IN COOLER ON THE COOK LINE, . ‘ District: 04 * denotes critical violation Case Number: 2011060384 : License Type: 2010 License Number: 4508439 File Number: 229963 ROBATA JAPANESE STEAKHOUSE Exhibit A * 4084-28-41 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) INA 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. ON 09/20/17, FOOD WAS STORED ON-THE WALK=IN-FREEZER FEOOR-ON=!2/02/445 A-BAG-OF ONIONS WAS STORED ON THE FLOOR AND A BUCKET WAS STORED ON THE WALK-IN COOLER FLOOR. 5.10-08-1 3-304.12(A) AND (B) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (A) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, IN THE FOOD WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD AND THE CONTAINER; (B) IN FOOD THAT IS NOT POTENTIALLY HAZARDOUS WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD WITHIN CONTAINERS OR EQUIPMENT THAT CAN BE CLOSED, SUCH AS BINS OF SUGAR, FLOUR, OR CINNAMON; 10-07-1 3-304.12(F) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) INA CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER IS CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602.1 1(D){7). A. THE ICE SCOOP HANDLE AT THE WAIT STATION WAS STORED IN CONTACT WITH THE ICE. B. ON 09/20/11, THE WHIP ON THE COOK LINE WAS STORED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHEIT. ON 12/02/11, THE RICE SCOOP WAS STORED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHEIT. * 6.12A-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 OFTEN AS ; 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) AETER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. A. ON'09/20/11, THE SUSHI CHEF PUT GLOVES ON WITHOUT WASHING THEIR HANDS FIRST. ON 42/02/11, THE KITCHEN COOK DID NOT WASH THEIR HANDS BEFORE PUTTING GLOVES ON. B. ON 09/20/11, THE WAIT STAFF HANDLED SOILED DISHES THEN ENGAGED IN FOOD PREPARATION WITHOUT WASHING THEIR HANDS, ON 12/02/11, THE DISHWASHER HANDLED SOILED DISHES THEN HANDLED CLEAN DISHES WITHOUT WASHING THEIR HANDS IN BETWEEN. * denotes critical violation District: 04 Case Number: 2011060384 License Type: 2010 License Number: 4508439 File Number: 229963 ROBATA JAPANESE STEAKHOUSE Exhibit A 7.14-51-1 4104.11 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 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. 44.36-4_4-504,14_ FC: GOOD _REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT. MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, . FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED. A. NON FOOD GRADE GROCERY BAGS WERE USED FOR FOOD STORAGE. B. THE GASKET AT THE REACH-IN COOLER IN THE SUSHI BAR WAS IN POOR REPAIR. 8.21-12-1 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 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. THE WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES. + 9, 22.27-4 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. : THE CUTTING BOARDS WERE ENCRUSTED WITH GREASE AND SOIL DEPOSITS. * 40, 34-12-1 5-205.11(B) FC: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. 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. A. ON 09/20/14, THE HAND SINK AT THE SUSHI BAR WAS USED TO WASH TOWELS. ON 12/02/11, THE HAND SINK AT THE SUSHI BAR WAS USED AS A VEGETABLE PREP SINK. B. ON 09/20/11, THE HAND SINK AT THE SUSHI BAR WAS NOT ACCESSIBLE BECAUSE OF A TUB OF WATER IN THE SINK. ON 12/02/11, THE HAND SINK AT THE SUSHI BAR WAS NOT , ACCESSIBLE BECAUSE OF A VEGETABLE IN THE SINK. : * denotes critical violation District: 04 Case Number: 2011060384 License Type: 2010 License Number: 4508439 : File Number: 229963 ROBATA JAPANESE STEAKHOUSE

Docket for Case No: 12-002575