STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION |} ° DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF- BUSINESS AND OIMAR-8 PH 2:24 PROFESSIONAL REGULATION, Petitioner, DIVISION OF vs. ADMINISTRATIVE yl License No. 69-03647-R HEARINGS : PARK AVENUE SUB Case No. 4-00-335 0 bb | Respondent. . Ol: i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against: PARK AVENUE SUB, (“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 1203 S. PARK AVENUE, SANFORD, FL 32771.The last known mailing address is SANG KUEN, 1203 S. PARK AVENUE, SANFORD, FL 32771. 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 i 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 October 26, 2000 Spord Cuties sig aot Dane Kendall Burkett, District Administtator By delegation of Susan R. McKinley, Director 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 Street, Tallahassee, Florida 32399-1007 _Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY thata true and correct copy of the foregoing ORDER has been hand served by me on this day of 2000. Received by: Inspector's Signature Operator's Signature : fr Title Title Case No: 4-00-335 Revised 10/01/2000 License No: 69-03647-R . Business Name: PARK AVENUE SUB License #: 69-03647R Case #; 04-00-335 , EUED Exhibit A MAR - -8 PM 2: 24 “FC” as cited herein references specific provisions of the 1997 Food Code, alice ss of the United States Public Health Service, Food and Drug Administration, incorporated(by/G3| Hb AS" 1c, Florida Administrative Code. “NFPA” as cited herein references specific provisions of HANES Hector Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire eNSTAIBHGSneral Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Adiministrative’c Code. Itis alleged that on August 18, August 19, August 22, and September 18, 2000 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1, 35b-3 6-202.15 FC Outer Openings, Protected. (A) Except as specified in ¢ (B) and under { (C) of this section, outer openings of a FOOD ESTABLISHMENT shall be protected against the entry of insects and rodents by: (1) Filling or closing holes and other gaps along floors, walls . and ceilings; (2) Closed, tight-fitting windows; and (3) Solid self-closing, tight-fitting doors. (B) Paragraph (A) of this section does not apply if a FooD ESTABLISHMENT opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents. (C) Except as specified in {{ (B) and (D) 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 25.4mm (16 mesh to 1 inch) screens; © (2) Properly designed and installed air curtains; or (3) Other effective means. (D) Paragraph (C) of this section does not apply if flying insects and | " other pests are absent due to the location of the ESTABLISHMENT, the weather, or other limiting condition. THE FRONT DOOR WAS PROPPED OPEN. Exhibit A Page 1 of 4 License #: 69-03647R Case #: 04-00-335 2, 22-1 3, 23-1 4.42-9 5. 14-30 6. 36-2 4-902.12 FC 4-601.11(C) FC 6-501.114 FC 4-501.11 FC 61C-1.004(6) FAC EQUIPMENT shall be reassembled so that FOOD-CONTACT SURFACES are not contaminated. . THE MEAT SLICER HAD OLD, DRIED FOOD DEBRIS ON IT. NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris.® THE FILTERS IN THE HOOD HAD AN ACCUMULATION OF DUST AND BLACK SUBSTANCE ON THEM. Maintaining PREMISES, Unnecessary Items and Litter. The PREMISES shall be free of: (A) Items that are unnecessary to the operation or maintenance of the establishment such as EQUIPMENT that is nonfunctional orno ~~ longer used; and (B) Litter. THERE WAS A LARGE AMOUNT OF NEWSPAPERS AND EMPTY BOXES UNDER THE PREPARATION TABLE. 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. (B) EQUIPMENT components such as doors, seals, hinges, fasteners, . and kick plates shall be kept intact, tight, and adjusted in accordance ’ with manufacturers’ specifications. (C) Cutting or piercing parts of can openers shall be kept sharp to © minimize the creation of metal fragments that can contaminate FOOD when the container is opened. THERE WAS BARE WOOD EXPOSED ON THE . PREPARATION TABLE. THE COVERING WAS WORN OUT. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. A. THE FLOORING AROUND THE COOKING EQUIPMENT WAS MISSING TILES OR OTHER NON POROUS COVERING, . B. THERE WAS OLD, DRIED FOOD SPLATTERED ON THE WALL BEHIND THE SLICER. Exhibit A Page 2 of 4 Jot License #:69-03647R_ Case #: 04-00-335 7. 05-5 4-302.12 FC 8. 32-9 6-301.12 FC & . . 32-17 5-501.17 FC 9, *45-5 NFPA 10, 1-5.3 NFPA 10,3-1.4 *45-18 NFPA 96, 8-2.1 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 PROBE THERMOMETER AVAILABLE. Hand Drying Provision. Each handwashing lavatory or group of adjacent lavatories shall be provided with: (A) Individual, disposable towels; (B) A continuous towel system that supplies the user with a clean towel; or (C) A heated-air hand drying device. Toilet Room Receptacle, Covered. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins. A. THE RESTROOM HAD NO PAPER TOWELS OR OTHER HAND-DRYING DEVICE PROVIDED. B, THERE WAS NO COVERED WASTE RECEPTACLE IN THE RESTROOM. [High] hazard ... locations ... consist of ... cooking areas. [These locations shall be NFPA 10, 3-5 protected by the installation of portable fire extinguishers with a minimum rating of] 40-B:C provided within 30 feet of the hazard. On each floor level, the area protected and the travel distances shall be based on fire extinguishers installed in accordance with Tables 3- 2.1 and 3-3.1 : : 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. ' A. THERE WAS NO 40BC FIRE EXTINGUISHER AVAILABLE ON THE PREMISES. B. THE FIRE SUPPRESSION SYSTEM WAS TAGGED 11-99, AND THE LAST REPORT WAS DATED 11-99, Exhibit A Page 3 of 4 License #: 69-03647R° Case # 04-00-335 10, 17-1 11. *53a-1 12. 51-5 4-302.14 FC 509.039 FS 61C-4.023(1) FAC 509.101(1) FS _61C-1.002(8)(c) FAC SANITIZING Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in . mg/L of SANITIZING solutions shall be provided. THERE WERE NO CHEMICAL TEST STRIPS AVAILABLE TO TEST THE CONCENTRATION OF THE SANITIZING SOLUTIONS. ... All managers employed by a‘food'service establishment must have passed [the food service manager] test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test... All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a written certification test approved by the division demonstrating a basic knowledge of food protection practices regulated and administered by the division or an agency of state government outside Florida which has been approved by the division. Those managers who successfully . pass the certification examination shall be issued a certificate which is | valid for a period of five years from the date of issuance. All establishments shall designate in writing the food service manager or managers for each location. Establishments that have four or more employees at one time engaged in the storage, preparation or serving of food shall have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or managers need not be present at all times... THERE WAS NO EVIDENCE THAT THE MANAGER WAS CERTIFIED. Sos : . . . any operator of a pubic food service establishment shall maintain the latest food service inspection report or a duplicate copy on premises and shall make it available to the public upon request. The operator of each public food service establishment shall maintain the latest inspection report on premises and shall make it available to any consumer who asks to see it. THE LAST INSPECTION REPORT WAS NOT AVAILABLE. Exhibit A Page 4 of 4 FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION "DIVISION OF HOTELS AND RESTAURANTS er H 7 r) EXPLANATION OF RIGHTS, 2 _, PH 2: 24 The enclosed Administrative Complaint charges you with violating one opmata cyoNisions of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If yAQHaN regarding your response or best course of action, you may wish to seek competdtff Jeg Gounsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 4. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge's consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, - and Recommended Penalty, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final approval by the Department, the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. 4. You may waive hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion. An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form ‘and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and-schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Case No: 4-00-335 ; Revised 10/01/2000 License No: 69-03647-R Business Name: PARK AVENUE SUB

Docket for Case No: 01-000961

Orders for Case No: 01-000961