STATE OF FLORIDA fe | Fan DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION PY DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION No MN [Y Petitioner, U \ ~ C vs. CHINA WOK License No. 4501933 Respondent. License Type 2010 Permanent Food Service Case No. 2004040834 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CHINA WOK, (“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 Section 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 business address of record is 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778.The mailing address of record is CHINA WOK, at 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778. 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. Inspection documents are attached as Exhibit "B’, 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 $1,000 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 August 10, 2004 a Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation i COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ! HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2004. Received by: _ inspector's Signature Operator's Signature Title Title 7 Case Number: 2004040834 Form revised 7/27/04 License Type: 2010 Permanent Food Service... a ce _.. District Number:.04.-— License Number: 4501933 CHINA WOK License Number: 4501933 License Type: 2010 PERMANENT FOOD SERVICE FE I! gS yy Case Number: 2004040834 Sew dere ur! Exhibit A 105 MAR -U A HI: 43 “FC” as cited herein references specific provisions of the 1999 Food Code, 1 Crater oe fi States Public Health Service, Food and Drug Administration, incorporated by Chapter 6 Administrative Code. "NFPA" as cited herein references specific provisions of the Nationa a Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on July 29, 2004 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. ‘ : * 1,35A-01 6-501.111FC CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, iF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202. 12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. A. OBSERVED APPROXIMATELY SIX HUNDRED FRESH RODENT DROPPINGS THROUGHOUT THE KITCHEN. : B. OBSERVED RUB MARKS IN THE WATER HEATER ROOM, BY THE KITCHEN HAND SINK AND AT THE COOK'S LINE. THE ESTABLISHMENT WAS OPEN FOR OPERATION AT THE TIME OF THE INSPECTION. * denotes critical violation Exhibit A Case Number: 2004040834 Page 1 License Type: 2010 PERMANENT FOOD SERVICE ~Cicense Number: 4501933” 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESS. .AL REGULATION DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REPORT Page 1 of 3 EXHIBIT 5 Fallure to comply with this Notice may initiate an administrathvs complaint that may result in cuspensidocbdyacstog your liens 7/28/04 13:42:34 AM , . Complaint Full 4501933 SEAT Inspection Date and Time Inspection Reason — ~ Ucansi Gre = Lp q A f y 3 NUN YI WENG a i ee EMER‘ le Owner Name GENCY ORDER of suspension of lieanse, 352-343-5185, , e CHINA WoK Area Co MUMS IVE Business Name inspection Result HEARINGS . VG is cores Ht ARINGS Nuinber of Units’ Coltitck Dateftime Ueanse Expiration 342 W. BURLEIGH BLVD TAVARES FL, 32778 - Address / City / State 7 Zip] ek. a — — pa a ——— cea Item 03: Food Temperatures Ttam 53a: Cart. Food Managers Item 20; Warewashing Santtization Item 45: Fire Extinguishers and Are . Suppression Systems Dates —— . —— SE Per eateaetiallibehiniidedlind ate “Paste, coeked, cold storage, 56 Degrees F, Manager Name: Weng xingbin A Clase ABC type Fire Extingulaher, found in/at “Chicken cooked, colt stay 48 De, 5, 4 . . 7 dining room has 9 certifiestion date of 02-04 "Beef rer, told aonge, 48 Degrees pens Certification Date: 03-04 Cartified by; 9 room has 9 Ma pring rel, cold storage no.2, 39 Degrees F. Shrimp, cook ling, 41 Degrees F, Chicken, raw, cook line, 40 Oegrees F. Rice tried, cook lina, 160 Degrees F, ‘The Florida Restaurant Association A Clags BC type Fire Extinguisher, found Infat Kitchen has a certification gate of 02-05 A Hood Suppression type Fire Extinguisher, fauna infat Kitchen has a certification date of 04 ee ee ae ee — - NOTE: tems marked above with an asterisk (*) Indicate a violation Inspector's Comments i: ts @ complaint investigation. Notified by Lake Co. dept. of a roach } Arrived and met with a rep. from Massey Pest Control, The hep. noted that here was a problem and a contract for services for 8 period of 1 yr. wag Signed today. Observed establishment open and serving to the public, I acknowledge receipt of thie Inspection form and comments. Hr MSs 07/29/04 12:42 PM Datapnme TT ignanare of Reciplent 0 gpector Signatne ™ Recipient: For further information please contact; Title ~ Kevin Martin Sanitation and Safety Specialist 400 West Robinson St. Phone: Sule 802 Orlando , Fi, 32801 850-487-1395 ~~ SOURCE “Ola Approved source “0b Wholesome, sound condition} 02 Original container; property labeled, date marking *03d Foods properly cooled PHF TEMPERATURE CONTROL j “04 Facilities to maintain produc lemperature *03e Cold food at proper beitiperatures during & storage, display, : pra service, transport, and cold holding Violations marked with an asterisk are eritical Violations. Items marked YES are in Compliance. Items NOIS3Y 41 PRSZEPEZSE ZTET p802/62/28 zB 394d Page 2 of 3 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIO...4L REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 4501933 Foon service msrecrion REPOREYH[B [TB inspection ote § f 4 11:42:14 AM LEGAL NOTICE = ! i pap , Failure to comply with this Notice may initiate an administrative complaint that may result In suspension of revocation of your license status | PHF TEMPERATURE CONTROL STATUS iP REF c Yes *07 Unwrapped or potentially hazardous food not reserved [Yes ~ 83 Containers covered, adequate number, Infect and rodent Prt enti pret Yes )*08a Food protection during storage, preparation, display, bervce, ransportation Tae oi sia BES bat pay coma ‘Yes |*08b Crose-contamination, equipment, personnel, storage HEARINGS Yes ‘08e Potential for cross-contamlnation; storage practices; STATUS “INSECT AND RODENT CONTROL \domaged food segregated rn "35a Presence of Insects/rodents. Animals prohibited ‘No. |*09Fonds handied with minimum contact . 356 Outer openings protected from insects, radent proof Yes "110 Tn use food dispensing utensils properly stored Status | "FLOORS, WALLS, CEILINGS j Y “STaTus “PERSONNEL e: 6 Floors properly constructed, clean, drained, coved ~ Yes *T1 Personnel with infections restricted = [No 37 Walls, ceilinge, and attached equipment, constructed, clean Yes 12 Hands washed and clean, good hygienic practices (observed), altemative operating plan Tighting provided as required. Pictures shielded [Yes "1b Proper hyglenic practices, eating/drinking/emoking Yes 9 Rooms and equipment - vented as required (evidence) SiaTus | OTHER AREAS. Yes 13 Glaan clothes, halr restraints re Yes 40 Employee fockers provided and used, clean FOOD EQUIPMENT AND UTENSILS 41a Toxic Kems properly stored ~~ ~ 14 Food contact surfaces designed, constructed, maintained, 1b Toxic items labeled and Used properly fnstalled, located Yes a Pris rian fee of ter unnecessary aATEe. Yes aes contact Surfaces designed, constructed, maintained, Seabed te eutborived rare ecuipment properly stored. Kitchen Yes ¥16 Dishwashing facilities designed, constructed, operated 1. |Yes™ 43 Complete separation from living/sleeping area, laundry Wash 2. Rinse 3. Sanitize Yes ____ fi Clean and salle nen segregated and propery stored Yes TEI7 Thermometers, gauges, test Kits provided STATUS | ~~ SAFETY Yes 18 Pre-fushed, scraped soaked =*~=~=~S~S~*S Yes 45 Fire extinguishers - proper and sufficient Yes 19 Wash, rinse water clean, proper temperature Yes “146 Exiting system - adequate, good repair Yes "20a Sanitizing concentration =—st=~—