Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: FL GOLDEN BUFFET
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Jan. 08, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 17, 2014.
Latest Update: Dec. 26, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
License Number 5603268
FL GOLDEN BUFFET License Type 2010
Respondent. Case Number 2013046788
/
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FL GOLDEN BUFFET,
(“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 a0 FER of the
Division of Hotels and Restaurants. The respondent's business address of record is 2680 S FE
BLVD, CRESTVIEW, FLORIDA 32536.The mailing address of record is FL GOLDEN BUFFET,
FERDON BLVD, CRESTVIEW, FLORIDA 32536.
DON
it 2680 S
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
of the establishment. The violation(s) found and applicable law are described in Exhibit “A,” atta
and incorporated herein by reference. Inspection documents are attached as Exhibit “B”, incorp:
herein by reference.
WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following
operation
hed hereto
ated
penaities: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusai offa license
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, Or the rules
promulgated thereto.
Signed November 15, 2013
Ken Hensdill,
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: 7196 9008 9111 0766 9192
THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT h
hand served by me on this. day of , 2013.
jas been
Received by:
inspector’s Signature Operator’s Signature
Title Title
Case Number: 2013046788 File Number: 245338 District Number: 06
License Number: 5603268 2010 Form revised 01.01.13
FL GOLDEN BUFFET
Exhibit A
License Number: 5603268
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2013046788
It is alleged that on September 03, 2013, September 04, 2013, November 12, 2013 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 provisions of the Food Cade, 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated jby
reference as Exhibit B.
** denotes a high priority violation.
* denotes an intermediate priority violation.
* 4.02C-02-4 3-501.17(A)FC Intermediate: (A) Except when packaging food using a reduced oxygen
packaging method as specified under Section 3-502.12, and except as specified in (D) and (E) of this. section,
refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and
heid in a food establishment for more than 24 hours shail be clearly marked to indicate the date or day
the food shall be consumed on the premises, sold, or discarded when held at a temperature of 41 pees
Fahrenheit or less for a maximum of 7 days. The day of preparation shall be counted as Day 1.
onsite and held more than 24 hours not properly date marked, cooked pork. At follow-up insp
observed cooked chicken and breaded cooked chicken cooked over 24 hours and no date ma
walk-in cooler.
Observed Ready-to-eat, potentially hazardous (time/temperature control for safety) food inept
“* 2.08A-17-4 3-302.11(A)(2) FC High Priority: (2) Except when combined as ingredients, sopala
by which
ction
ked in
ting types
of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation,
holding, and display by: (a) Using separate equipment for each type, or (b) Arranging each type of food in
equipment so that cross contamination of one type with another is prevented, and (c) Preparing each|type of
food at different times or in separate areas;
Observed Raw animal foods not properly separated from one another based upon minimum required
cooking temperature in walk-in freezer - all products not commercially packaged. Chicken over
Upon follow-up inspection observed raw chicken over breaded shrimp in walk-in freezer. i
pork.
* 3.27-04-4 5-103.12FC Intermediate: Water under pressure shall be provided to all fixtures, equipment,
and nonfood equipment that are required to use water except that water supplied as specified under Paragraphs
5-104,12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water
supply need not be under pressure.
Observed Cold water not provided/shut off at employee handwash sink, not working in dishpit| have to
turn off and on at shut off.
* 4.27-16-4 5-202.12(A) FC Intermediate: (A) A handwashing sink shall be equipped to provide|water at a
temperature of at least 100 degrees Fahrenheit through a mixing valve or combination faucet.
Observed Hot water not provided/shut off at employee handwash sink, no handsinks have hotjwater.
Upon follow-up inspection observed no hot water at dishpit or waitress area handsinks.
“5 41-27-4 7-202.12FC High Priority: (A)(1) and (A)(2) FC: Poisonous or toxic materiais shall
Used according to: (1) Law and this Code, (2) manufacturer's use directions included in labeling, and,
pesticide, manufacturer's label instructions that state that use is allowed in a food establishment.
e. (A)
fora
Observed Wiping cloth sanitizer solution exceeds.the maximum concentration allowed, waitress area,
Chlorine at +200 ppm. .
Case Number: 2013046788 — File Number: 245338 District Number: 06
License Number: 5603268 2010 Form revised 01.01.13
FL GOLDEN BUFFET
* 6.53B-02-4 509.049(5) FS Intermediate: It shall be the duty of each public food service estab|
establishment. The public food service establishment may designate any certified food service mana
perform this function. Food service employees must receive certification within 60 days after employ
provide training in accordance with the described rule to all food service employees of the public saperto
ishment to
er to
ent.
ime of any
Certification pursuant to this section shall remain valid for 3 years. All public food service So, ate fr must
provide the-division with proof of employee training upon request, including, but not limited to, at the
division inspection of the establishment. Proof of training for each food service employee shail includ:
of the trained employee, the date of birth of the trained employee, the date the training occurred, and
approved food safety training program used.
Observed No proof of required state approved employee training provided for employee hired
60 days ago. Upon follow-up inspection observed 1 certificate but incomplete, no other proof
the name
the
more than
available
and had 3 employees preparing food during follow-up inspection (none of these employees were the
incomplete certificate).
Case Number: 2013046788 File Number: 245338 District Number. 06
License Number: 5603268 2010 Form revised 01.01.13
FL GOLDEN BUFFET
Docket for Case No: 14-000100
Issue Date |
Proceedings |
Mar. 20, 2014 |
Transmittal letter from Claudia Llado returning Petitioner's Exhibits numberd 1-4, to the agency.
|
Mar. 17, 2014 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 14, 2014 |
Joint Motion to Relinquish Jurisdiction filed.
|
Mar. 13, 2014 |
CASE STATUS: Hearing Held. |
Mar. 10, 2014 |
(Petitioner's) Notice of Voluntary Dismissal of Count filed.
|
Mar. 03, 2014 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Feb. 28, 2014 |
Petitioner's Witness List filed.
|
Feb. 28, 2014 |
Petitioner's (Proposed) Exhibit List filed.
|
Feb. 28, 2014 |
Transmittal Letter filed.
|
Feb. 06, 2014 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 13, 2014; 9:00 a.m., Central Time; Pensacola, FL).
|
Feb. 05, 2014 |
Joint Motion for Continuance filed.
|
Jan. 15, 2014 |
Order of Pre-hearing Instructions.
|
Jan. 15, 2014 |
Notice of Hearing by Video Teleconference (hearing set for February 20, 2014; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
|
Jan. 13, 2014 |
(Joint) Response to Initial Order filed.
|
Jan. 09, 2014 |
Initial Order.
|
Jan. 08, 2014 |
Election of Rights filed.
|
Jan. 08, 2014 |
Administrative Complaint filed.
|
Jan. 08, 2014 |
Agency referral filed.
|