State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

ASIAN HOUSE RESTAURANT

Respondent.

/

License Number 1501854

License Type 2010

Case Number 2012020598

Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against ASIAN 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 o·r subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 407 CHENEY HWY, TITUSVILLE, FLORIDA 32780.The mailing address of record is ASIAN HOUSE RESTAURANT,.at 407 CHENEY HWY, TITUSVILLE, FLORIDA 32780.

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) founq and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documen ts 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, r evocation , 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 May 01, 2012

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Valerie Freeman, Distdct Manager

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

Department of Business & Professiona l Regulation

Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service ·

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:                                     

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

Case Number: 2012020598 FIie Number: 177285

License Number: 1501854 2010

ASIAN HOUSE RESTAURANT

District Number: 04

Form revised 09.10.11

Filed October 19, 2012 11:57 AM Division of Administrative Hearings

Exhibit A

License Number: 1501854

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2012020598

"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, Generai Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

"•" denotes a critical violation.

It is alleged that on January 12, 2012, April 5, 2012 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 Exl)ibit 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 ABOV( 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 01/12/12, COOKED WONTONS WERE BETWEEN 41 DEGREES F AND 52 DEGREES F. ON 04/05/12, TOFU WAS 60 DEGREES F, A KRAB STICK WAS 51 DEGREES F, RAW CHICKEN WAS 47 DEGREES F AND RAW BEEF WAS 47 DEGREES F.IN GRILL/WOK AREA REACH-IN COOLER.

  
  

  • 2. 04-01-1 4-301.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPE:RATURES AS SPECIFIED UNDER CHAPTER 3.

ON 01/12/12, THE COOLER STORING WONTONS WAS NOT MAINTAINING POTENTIALLY HAZARDOUS FOOD AT 41 DEGREES FOR BELOW. ON 04/05/12, THE REACH-IN COOLER WAS NOT MAINTAINING POTENTIALLY HAZARDOUS FOOD AT 41 DEGREES FOR BELOW.

Case Number: 2012020598 File Number: 177285

License Number: 1501854 2010

ASIAN HOUSE RESTAURANT

Dislrlct Number:-04 Form revised 09,10.11

Docket for Case No: 12-003461