OF S282 2 ‘STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. ARIGATO JAPANESE STEAKHOUSE License No. 62-06199-R Respondent. Case No. 3-02-73 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: ARIGATO JAPANESE STEAKHOUSE, (“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 3600 66TH STREET N, ST PETERSBURG, FL 33710.The last known mailing address is ARIGATO JAPANESE STEAKHOUSE, 3600 66TH STREET N, ST PETERSBURG, FL 33710. 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 28, 2002 Betty Miller, District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE OEPARTMENT: Gail Scott-Hill, 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: 7000 0520 0017 9080 2735 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of , 2002. Received by: Inspector's Signature Operator's Signature Title Title Case No: 3-02-73 Revised 1/1/2002 License No: 62-06199-R Business Name: ARIGATO JAPANESE STEAKHOUSE License #: 62-06199R Case #: 03-02-073 Exhibit A “FC” as cited herein references specific provisions of the 1999 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 January 8, 2002 and February 8, 2002, 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. 22-3 4-601.11(B) FC The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans shall be kept free of encrusted grease deposits and other soil accumulations.” OBSERVED GREASE BUILDUP IN CRACKED CORNERS OF ALL TABLE TOP GRILLS IN DINING ROOM. 2. 36-7 6-101.11 FC Surface Characteristics. (A) Except as specified in {] (B) of this section, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (1) SMOOTH, durable, and EASILY CLEANABLE for areas where FOOD ESTABLISHMENT operations are conducted; (2) Closely woven and EASILY CLEANABLE carpet for carpeted areas; and (3) Nonabsorbent for areas subject to moisture such as FOOD preparation areas, walk-in refrigerators, WAREWASHING areas, toilet rooms, mobile FOOD ESTABLISHMENT SERVICING AREAS, and areas subject to flushing or spray cleaning methods. (B) Ina TEMPORARY FOOD ESTABLISHMENT: (1) If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other suitable APPROVED materials that are effectively treated to control dust and mud; and (1) (2) Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris. OBSERVED CARPET IN BAR AND DINING AREA (SEATING) DAMAGED. Exhibit A Page 1 of 2 License #: 62-06199R Case #: 03-02-073 3. 22-2 4-601.11(A) FC EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. OBSERVED INSIDE OF ICE MACHINE DOOR HAD BLACK MOLD. LIKE BUILDUP, Exhibit A Page 2 of 2

Docket for Case No: 02-002282