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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CHINA DRAGON LIU, LLC, D/B/A CHINA DRAGON, 16-003296 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003296 Visitors: 34
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CHINA DRAGON LIU, LLC, D/B/A CHINA DRAGON
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Rockledge, Florida
Filed: Jun. 14, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 22, 2016.

Latest Update: Nov. 19, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2016015813 CHINA DRAGON LIU LLC — poe 1505955 dibfa CHINA DRAGON, Ei lla than Respondent. HeENUMSE / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CHINA DRAGON LIU LLC d/b/a CHINA DRAGON, (“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 1070 CLEARLAKE ROAD, COCOA, FLORIDA 32922. The mailing address of record is CHINA DRAGON LIU LLC d/b/a CHINA DRAGON at 1070 CLEARLAKE RD, COCOA, FLORIDA 32922. 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 March 30, 2016 pa 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 _. 1940 North Monroe Street ie 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 , 2016 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2016015813 — File Number: 286520 District Number: 04 License Number: 1505955 2010 Form revised 01.01.13 CHINA DRAGON Exhibit A License Number: 1505955 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016015813 It is alleged that on July 30, 2015, September 11, 2015, February 11, 2016, February 12, 2016 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. ** 4.01B-01-4 3-701.11(A)FC&3-101.11FC&509.032(4) High Priority: A food that is unsafe, adulterated, or not honestly presented as specified under Section 3-101.11 shall be discarded or reconditioned according to an approved procedure. 3-101.11 Food shall be safe, unadulterated, and, as specified under Section 3-601.12, honestly presented. 509.032(4) The division may stop the sale, and supervise the proper destruction, of any food or food product when the director or the director's designee determines that such food or food product represents a threat to the public safety or welfare. Dented/rusted cans were present. On 07/30/15, a can of soy sauce. On 09/11/15, a can of water chestnuts and a can of oyster sauce. On 02/11/16, a can of bamboo shoots strips. (Administrative Complaint recommended due to repeat violation. Violation originally cited on 07/30/15 and 09/11/15.) * 2.03A-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 specified 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. Potentially hazardous food was cold held at greater than 41 degrees Fahrenheit. On 09/11/15, cooked chicken was 45 degrees F, cooked wontons were 45 degrees F, raw beef was 45 degrees F, raw chicken wings were 45 degrees F, cooked shrimp was 45 degrees F, and raw marinated chicken wings were 44 degrees F in the walk-in cooler. On 02/11/16, cooked eggrolls were 44 degrees F, raw chicken in sink was 51 degrees F, raw shrimp in sink was 60 degrees F, cooked noodles were 51 degrees F, and cornstarch and water was 72 degrees F. On 02/12/16, cooked chicken was 44 degrees F, eggrolls were 44 degrees F, raw beef was 44 degrees F, and cooked pork was 44 degrees F in the walk-in cooler. Case Number: 2016015813 File Number: 286520 District Number: 04 License Number: 1505955 2010 Form revised 01.01.13 CHINA DRAGON

Docket for Case No: 16-003296
Source:  Florida - Division of Administrative Hearings

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