STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 0 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. > License No. 13-02606-R MIKATO JAPANESE STEAK SEAFOOD Case No. 6-01-17 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: MIKATO JAPANESE STEAK SEAFOOD, (“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 ail 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 7724 FRONT BEACH ROAD, PANAMA CITY BEACH, FL 32407.The last known mailing address is MIKATO _ JAPANESE STEAK SEAFOOD, 7724 FRONT BEACH ROAD, PANAMA CITY BEACH, FL 32407. 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 February 23, 2001 7 ae Peter Newman, District Administrator 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:_Z 239 619 227 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this : day of, , 2001. Received by: Inspector’s Signature . Operator’s Signature Title . Title Case No: 6-01-17 : Revised 1/1/2001 License No: 13-02606-R Business Name: MIKATO JAPANESE STEAK SEAFOOD a ble License #: 13-02606-R Case #: 06-01-017 Exhibit A “FC” as cited herein references specific provisions of the 1997 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on October 25, 2000 and December 05, 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. 02-26 2.05-5 3.08c-1 4.37-2 5.*46-1 3-302.12 FC 4-302.12 FC FOOD Storage Containers, Identified with Common Name of FOOD. Working containers holding FOOD or FOOD ingredients that are removed from their original PACKAGES for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the FOOD except that containers holding FOOD that can be readily and unmistakably recognized such as dry pasta need not be identified. OBSERVED BULK FOOD CONTAINERS IN KITCHEN NOT LABELED. FOOD TEMPERATURE MEASURING DEVICES. FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for 3-302.11(A)(4) FC 61C-1.004(6) FAC “61C-1.004(10) FAC use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. OBSERVED NO THERMOMETER OF ITEM TYPE 0 TO 220 DEGREES F AVAILABLE WHEN REQUESTED OF KITCHEN STAFF. ( “ FOOD shall be Protected f from cross contamination bys @)... storing the FOOD i in PACKAGES, covered containers, or wrappings; OBSERVED RAW EGGS STORED OVER RTE, PHF (FRESH ' PINEAPPLE) IN WALKIN COOLER. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED GREASE LEAKING FROM HOOD VENT STACK ON TOP OF BUILDING. Means of access must permit unobstructed travel ‘at all times and be maintained free of obstructions and fire hazards. Halls, entrances and stairways shall be clean, ventilated and well-lighted day and night. Hall and stair runners shall be kept in good condition. Hand rails shal! "Exhibit A Page 1 of 2 i i i t License #: 13-02606-R Case #: 06-01-017 be installed on all stairways and guard rails around all porches and steps. Adequate means of exit shall be provided pursuant to NFPA 101. Exits shall be clearly marked with approved illuminated exit signs. OBSERVED HASP GEAR ON BOTH EXITS AT WEST END OF | BUILDING. veep! ; OBSERVED HASP GEAR ON EXIT DOOR ON EAST SIDE OF _ BUILDING. a Serge SP: be 3 TL ET rae - a Re ee ET Exhibit A Page 2 of 2

Docket for Case No: 01-003010