State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ; Petitioner, vs. \ : License Number 5804687 CHENG'S ASIAN BISTRO License Type 2040 Respon a Case Number 2012049681 ° Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CHENG'S ASIAN BISTRO, (‘Respondent” ), and says: ; 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent ls, 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 10962 W COLONIAL DR, OCOEE, FLORIDA 34761 ,The mailing address of record is CHENG'S ASIAN BISTRO, at 10962 W: COLONIAL DRIVE, OCOEE, FLORIDA 34761, 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 ~~ 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 04, 2012 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 4940 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 , 2012. ' ee Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012049681 ‘Fite Number: 256300 . * District Number: 04 License Number: 5804687 2010 Form revised 11.17.12 CHENG'S ASIAN BISTRO . Exhibit A License Number: 5804687 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012049681 It is alleged that on July 30, 2012, October 10, 2012 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific i provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug : Administration, as incorporated by Chapter 61C, FAC in the following particulars. Copy(s) of the repori(s) for' the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. “*" denotes a critical violation. * 4,02-22-1 3-501,.17(A) FC: (A) Except as specified in Paragraph (D) of this section, refrigerated, ready- ‘to-eat, potentially hazardous food prepared and held in a food establishment for more than 24 hours shall be . clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified below: (1) 41 degrees. Fahrenheit or less for a maximum of 7 days; The day of preparation shall be counted as Day 1. Noodles, rice and chicken In the walk-in cooler held more than twenty-four hours were not properly date marked. i * 2,.02:26-4__3-302.12.FC::__FOOD Storage-Containers, Identified _with-Common-Name.of_ FOOD_Working ‘Containers holding FOOD or FOOD ingrédients that are removed trom their original PACKAGES for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the FOOD except that containers holding FOOD that can be readily and’ | unmistakably recognized such as dry pasta need not be identified, Bulk flour that had been removed from the original container was not labeled by common name. * 3.03A-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) Ata temperature specified in the following: (a) 41 degrees Fahrenhelt or less; On 07/30/12, fried rice in the walk-in cooler was 50 degrees f, a container of chicken broth under the wok stove was 80 degrees f, and a cornstarch/water mixture was 85 degrees f. On 10/10/12, fried rice ! on the cookline was 70 degrees f, and the cornstarch/water mixture was 78 degrees f on the make , table. ! * 4,08A-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) 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 07/30/12, observed an oil box and a food bucket stored on the floor in the kitchen and sushi bar. | On 10/10/12, observed oil and duck sauce on the floor. : Case Number: 2012049681 — File Number: 256300 . District Number: 04 License Number: 5804687 2010 Form revised 11.17.12 i CHENG'S ASIAN BISTRO i 5. 10-04-1 3-304.12(E) FC:: In-Use Utensils, Between-Use Storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (E) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that Is not potentially hazardous; - Observed in-use utensil stored in a dirty tin can at the cookline, \ 6. 14-51-41 4-101.11.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. ' Nonfood-grade plastic shopping bags in the walk-in cooler and the reach-in cooler were used to store food. 7, 23-03-1 4-601.14(C) FC:; (C) NonFOOD-CONTACT SURFACES of EQUIPMENT shail be kept free of an accumulation of dust, dirt, FOOD residue, and other debris. : A. The kitchen reach-in cooler gaskets had slimyimotd-like buildup. B, There was a residue buildup on the walk-in cooler fan covers, C. There was a buildup of grease-inside the fryer cabinet. * 8.31-09-1 5-205.11(A) FC:: (A) Ahandwashing lavatory shall be maintained so that it is accessible at ' all times for EMPLOYEE use. . ‘ 31-12-1 5-205.11(B) FC:: (B) Using a Handwashing Facility. A handwashing lavatory may notbe used for purposes other than handwashing. i On 07/30/12, pans and pails were stored in the hand sink by the three-bay sink, and a sponge container was stored In the sushi bar hand sink. On 10/10/12, pans were stored in the sushi bar hand sink. 9. 51-11-1 61C-1.004(9)(d) FAC: (D) Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety, Carbon dioxide/helium tanks were not adequately secured. Case Number: 2012049681 File Number: 256300 District Number: 04 License Number: 5804687 2010 Form revised 11.11.12 CHENG'S ASIAN BISTRO

Docket for Case No: 13-001058