idly MAR RR ce a Me STATE OF FLORIDA Moe Py DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION yy DIVISION OF HOTELS AND RESTAURANTS 10 PM 2:9 : . oe : : Div oye DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, w OS. is 00-2850 FILLIN' STATION CAFE INC. (THE) License No. 58-04090-R FILLIN' STATION CAFE (THE) Case No. 4-00-100 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: FILLIN' STATION CAFE INC. (THE), (“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 Sec. 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 last known business address is 2631 S. FERNCREEK, ORLANDO, FL 32806. 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory ' attendance at Respondent’s expense at an educational program sponsored by the Department's Hospitality Education Program; 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 April 05, 2000 PZaa" (LD Kendall Burkett, District Administrator Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: : Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation . 1940 North Monroe Stréet, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 wd (wd License #: 58-04090 R . Case #: 04-00- 100 It is alleged that on February 14, 2000 and March 2, 2000 the licenseé was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1. 05-5 4-302.12 FC FOOD TEMPERATURE MEASURING DEVICES. FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. _ THERE WAS NO THERMOMETER PROVIDED IN THE "KITCHEN AID" REACH-IN COOLER. 2. 15-12 4-501.11 FC ~ Good Repair and Proper Adjustment, (A) EQUIPMENT shall be maintained in a state of repair and | condition that meets the requirements specified in Parts 4-1 and 4-2. 5 (B) EQUIPMENT components such as doors, seals, hinges, fasteners, Se and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturers’ specifications. THE DOOR HANDLE WAS MISSING ON THE "CROSSLEY" REACH-IN FREEZER. ‘Exhibit A Page 1 of 4 W/ , od License #: 58-04090 R Case #: 04-00- 100 3. 16-18 4-603.16 FC Rinsing Procedures. ' ‘Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent- sanitizer solution by using one of the following procedures: (A) Use of a distinct, separate water rinse after washing and before SANITIZING if using: QA 3-compartment sink, (2) Alternative manual WAREWASHING EQUIPMENT equivalent to a 3- compartment sink as specified in { 4- 301.12(C), or (3) A 3-step washing, rinsing, and SANITIZING procedure in a WAREWASHING system for CIP EQUIPMENT; (B) Use of a detergent-sanitizer as specified under § 4-501.115 if -using: (1)Alternative WAREWASHING EQUIPMENT as specified in { 4- 301.12(C) that is APPROVED for use with a detergent-sanitizer, or : (2) A WAREWASHING system for CIP EQUIPMENT; : (C) Use of a nondistinct water rinse that is integrated in the hot water SANITIZATION immersion step of a 2-compartment sink operation; (D) If using a WAREWASHING machine that does not recycle the “SANITIZING solution as specified under (E) of this section, or I alternative manual WAREWASHING EQUIPMENT such as sprayers, use of a nondistinct water rinse that is: - . (1) Integrated in the application of the SANITIZING vee Solution, and -. . (2) Wasted immediately after each application; or » (B) Ifusing a WAREWASHIN G machine that recycles the . SANITIZING solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the SANITIZING solution. OBSERVED IMPROPER USE OF THE THREE ~ COMPARTMENT SINK. THE THREE COMPARTMENT SINK ' AT THE BAR WAS USED FOR WASHING AND SANITIZING “ONLY. Exhibit A Page 2 of 4 Tere rere tee ihe Mase ote uli 6. *45-18 NFPA 96, 8-2.1 ww 4, 34-1 5-501.11 FC 5. 37-5 6-201.11 FC 37-1 61C-1.004(2)(a) FAC 7. ¥46-1— 61C-1.004(5) FAC D> License #: 58-04090 R Case #: 04-00- 100 Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be SMOOTH, durable, and sloped to drain. THE GREASE BIN WAS LOCATED ON THE GROUND. @IRT) Floors, Walls, and Ceilings. Except as specified under 6-201.14, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are SMOOTH and EASILY CLEANABLE, except that antislip floor coverings or applications may be used for safety reasons. . . . The walls, ceilings ... of all bathrooms shall be kept in good condition. (A) THERE WERE MISSING CEILING TILES ABOVE THE COOK'S MAKELINE AND COOLER. (B) THERE WERE TWO LARGE HOLES IN THE WALL IN THE MEN'S RESTROOM. An inspection and servicing of the fire extinguishing system and listed exhaust hoods containing a constant or fire-actuated water system shall be made at least every 6 months by properly trained and qualified persons. THE FIRE SUPPRESSION SYSTEM WAS LAST INSPECTED ON 06/99 PER THE SERVICE TAG. All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety. Code Chapter 101, as adopted by the Division of State Fire Marshal*in Chapter 4A-3, FAC. THE EMERGENCY LIGHTING IN THE DINING AREA WAS “INOPERABLE WHEN TESTED. _ Exhibit A Page 3 of 4 8. 38-2 6-202.11 FC Wed License #: 58-04090 R ~ Case #:04-00- 100 Light Bulbs, Protective Shielding. (A) Except as specified in 4 (B) of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. (B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing FOOD in unopened packages, if: ' (1) The integrity of the packages can not be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the Packages are opened. (C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. THERE WAS NO COVER OR SHIELD ON THE LIGHT BULB IN THE WALK-IN COOLER. ; “Exhibit A * Page 4 of 4 ee t eee

Docket for Case No: 00-002830