State of Fiorida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, . Petitioner, vs. : Case Number: .2014052884 CHAIPORN INC rigense pumber: eres d/bfa THA HUT GARDEN, ee bes o 4 Respondent. He Number: 923 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CHAIPORN INC d/o/a THAP HUT GARDEN, (‘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 109-A RACETRACK RD, FORT WALTON BEACH, FLORIDA 32547.The mailing address of record is CHAIPORN INC d/b/a THA! HUT GARDEN at 108 RAINBOW DR, FORT WALTON BEACH, FLORIDA 32548. 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 opération 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. . . oe 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 23, 2014 Ken Hensdill, 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: 7196 9008 9111 2998 0572 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2015. : Received by: : inspector's. Signature ; Operator's Signature Title Title District Number: 06 Case Number. 2014052884 File Number: 259234 . Form revised 01.01.13 License Number. 5603605 2010 THAI HUT GARDEN Exhibit A License Number: 5603605 - Licerise Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014052884 itis alleged that on September 11, 2014, November 14, 2014 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 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 report(s} for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. ** denotes a high priority violation. — * denotes an intermediate priority violation. “* 4.03A-02-4 3-501.16(A)(2) FC: (A) High Priority: Except during preparation, cooking, or cooling, or when time is used as the public health control as spécified under Section 3-501,19, and except as specified under Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature control for safety food) shall be maintained: (2) At 41 degrees Fahrenheit or less. : . Observed: potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Rice noodles in water 82 degrees F, cut tomatoes 56 degrees F and cut lettuce 60 degrees F. Operator to relocate items to reach-in cooler to cool. Upon callback cut cabbage 46 degrees F, cornstarch in water 83 degrees F. instructed Operator to add ice. * 2.05-06-4 4-203.11FC:(A) Intermediate: Food temperature measuring devices that are scaled only in Celsius of dually scaled in Celsius and Fahrenheit shall be accurate to plus or minus 1 degree Celsius in the intended range of use. (B) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus 2 degrees Fahrenheit in the intended range of use. : Observed probe thermometer not accurate within plus or minus two degrees Fahrenheit. Upon callback observed thermometer reading 102 degrees F (oil on grill), inspectors thermometer read 108 degrees F (oil on grill). . * 3A 08A-18-4 3-302.11(A)(2) FC. High Priority: (2) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, ang 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 reach-in freezer - all products not commercially packaged. Raw beef over raw fish. Upon callback observed raw beef over fish in reach-in freezer. Repeat violation 10/25/13, 4/17/14 3B. 08B-38-4 3-305.11(A)(3), (B) and (C) FC Basic: (A) Except as specified in Paragraphs (B) and (C) of this section, food shall be protected from coritamination by storing the food: (3) Atleast 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 fioor moisture. . Observed food stored on floor, oil. Upon callback observed oil on the floor in the kitchen. Repeat violation 4/17/14. District Number: 06 Case Number. 2014052884 File Number: 259234 Form revised 01.01.13 License Number: 5603605 2010 THAI HUT GARDEN 4A. 10-01-4 3-304.12(A) and (B) FC: Basic: 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 (time/temperature control for safety food) with their handies above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon; Observed in-use utensif in non-potentially hazardous (non-time/temperature control for safety) food (soy sauce) not stored with handie above top of food within a closed container. Upon callback observed handle in contact with soy sauce. 7 4B. 10-19-4 3-304.12(C) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (C) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under Sections 4-602.11 and 4-702.11; ‘Observed strainer stored on the oven door handle. Upon caflback observed strainer stored on the oven door handle. 5. 35B-01-4 6-202.15 (A), (C) and (D) FC: (A) Basic: Except as specified in (B), (C), and (E) and under (D) of this section, outer openings of a food establishment shall be protected against the entry of insects and radents by: (1) Filling or clasing holes and other gaps along floors, walls, and ceilings, (2) Closed, tight-fitting windows; and (3) Solid, self-closing; tight-fitting doors. (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 (BY 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 is not provided with windows and doors as specified under (A) of this section, the openings ‘shall be protected against the entry of insects and rodents by: (1) 16 mesh to 25.4 mm (16 mesh to 1 inch) screens; (2) Properly designed and installed air curtains to control flying insects; or (3) Other effective means. Observed exterior door has a gap at the threshold that opens to the outside back door. * 6.52-01-4 509.292(1) FS Intermediate: (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 (¢) 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. Observed identity of food or food product misrepresented. Menu advertises "Flavors of Thai Hut, Deep fried spicy catfish". When asked to show inspector what fish they are using for catfish , employee : indicated frozen bag of tilapia (package is also labeled tilapia). Operator unable to provide any invoices for catfish purchased in past. Repeat violation 10/25/13. : “ 7.53B-05-4 509.049(5) FS intermediate: It shall be the duty of each public food sefvice establishment to provide training in accordance with the described rule to all food service employees of the public food service - establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees must receive certification within 60 days after employment. Certification pursuant to this section shail remain valid for 3 years. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. Case Number: 2014052884 — File Number: 259234 . District Number: 06 License Number: 5603605 2010 Form revised 01.01.13 THAI HUT GARDEN Observed required employee training expired for all employees. Upon callback observed records for Anurat Chaibon completed on 7/30/11, Tiwa Jendong completed on 3/3/11, and Sanitra Chai completed on 7/30/11. Operator unable to provide any more records for employees. Employees onsite during inspection: Veparve Srisawang (working for establishment approximately one year), Thomas Salter (working for establishment approximately one year), and Sombat Jungam (working for establishment approximately two years). Case Number: 2014052884 File Number: 259234 District Number: 06 Form revised 01.01.13 License Number. 5603605 2010 THAI HUT GARDEN

Docket for Case No: 15-002811