DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Patitioncr, VS. LOWE'S OYSTER License Nu. 13-19334-R -f409 Respondent. Case No. 2-02-233 OD-49C / _ ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against: LOUIE'S OYSTERS, ("Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishrnents, 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 1105 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301.The last known mailing address is LOUIE'S OYSTERS INCORPORATED, 1105 EAST LAS OLAS BOULEVARD, FORT LAUDERDALE, FL 33301. 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. | i Signed October 28, 2094 / CN Butk, Acting District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Talanhnna 2AM. ARR_A4AN IT Forcimila REN. ARR_-BNTA CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _7001 1940 0002 0637 0406 THEREBY CERTIFY that a true ana correct copy of tne foregoing ORDER nas been nand served by me on this day of , 2002. Received by: Inspector’s Signature Operator's Signature ears . Title His ric 3 eee tn : Nin Qawtn ns Cannot oe POW anh eve United States Public heatth Service, Food and Drug Administration, incorporate by’ Shapte GAG, F Fiori Associat jon Life Sar sly Code, Incorporatod by reference at Chanter 44-3, “Fire Prevertion, Gener rahe. Provisions”, Fiorida Adminisirative Code, and 61C-1.004(5), Florida Administrative Code. > Wis alleged that on October 3. 2002 and October 17. 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. 02-24 3-203.12 FC (A) Except as specified under Subparagraph (B)(2) of this section, SHELLSTOCK tags shall remain attached to the container in which the shellstock are received until the container is empty. (B) The identity of the source of SHELLSTOCK that are sold or served shall be maintained by retaining SHELLSTOCK tags or labels for 90 calendar days from the date the container is emptied by: (1) Using an APPROVED record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the SHELLSTOCK are sold or served; and (2) If SHELLSTOCK are removed from their tagged or labeled container: (a) Using only 1 tagged or labeled container at a time, or (b) Using more than 1 tagged or labeled container at a time ... that: (iii) Ensures that SHELLSTOCK from one tagged or labeled container are not commingled with SHELLSTOCK from another container before being ordered by the CONSUMER, OBSERVED PAN OF OYSTERS STORED WITHOUT THEIR TAGS. OBSERVED TAGS FOR OYSTERS WERE NOT STORED IN CHRONOLOGICAL ORDER. *03a-3 3-501.16(B) FC Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under § 3-501.19, POTENTIALLY HAZARDOUS FOOD shall be maintained: (B) AtS°C c (41® F) or less, ees as * spectre under 4 (C) of this atte Sa AN AA A RA an WITHIN ACCEPTABLE TEMPERATURE RANGE: INTERNAL TEMPERATURE OF RAW FISH IN DRAWER COOLER PROBED AT 44 DEGREES FAMPENHEIT, *20a-1 4-501.114 (A) FC Manual and Mechanical WAREWASHING EQUIPMENT, Chemical SANITIZATION - Temperature, pH, Concentration, and Hardness.* A chemical sanitizer used in a SANITIZING solution for a manual of mecnanicai operation at exposure times specified under jj 4- 703.11(C) shall be listed in 21 CFR 178.1010 SANITIZING her Case #: 02-02-2355 4, *45-9 NFPA 10, 4-4.1 ** CRITICAL VIOLATION solutions, shall be used in accordance with the EPA- APPROVED manufacturer's labei use insiructions, and shall be used as foliows: (A) A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; Minirnum Minimum Temperature | Concentration ! mol nH idertass To nh Bar less {__: "c’F) | CPF) 25 49 (120) | 49 (120 50 38 (100) 24 (75) 100 13 (55) 13 (55) OBSERVED MECHANICAL DISHWASHER NOT OPERATING ACCORDING TO MANUFACTURERS’ SPECIFICATIONS (0 PPM). extinguishers shall be subjected to maintenance, not more than one year apart... OBSERVED BC FIRE EXTINGUISHER WITH EXPIRED CERTIFICATION TAG (09/01). He XTHEGHE JA

Docket for Case No: 02-004909