OS S {le uC ) STATE OF FLORIDA om DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUI. mee DIVISION OF HOTELS AND RESTAURANTS r eh DEPARTMENT OF BUSINESS AND 7003 MAY Ib Pe 18 PROFESSIONAL REGULATION Petitioner, vs. ne VICTORIANY'S PIZZA License No. 5811100 Respondent. License Type 2010 Permanent Food Service / Case No. 2004047959 mannan ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against VICTORIANY'S PIZZA, (‘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 10 W. OAKRIDGE RD., ORLANDO, FLORIDA 32809.The mailing address of record is VICTORIANY'S PIZZA, at 104 W. OAKRIDGE RD., BELLE ISLE, FLORIDA 32809. 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 October 01, 2004 [ 1 Valerie Freeman, District Manager By delegation of the Director, or designee ZL Division of Hotels & Restaurants a ae Department of Business & Professional Regulation 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 Case Number: 2004047959 Form revised 9/8/04 District Number: 04 License Type: 2010 Permanent Food Service VICTORIANY'S PIZZA License Number: 5811100 License Number: 5811100 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004047959 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. Itis alleged that on August 9, 2004, August 10, 2004 and September 14, 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. 23-01 4-601.11(C) FC NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED A VERY HEAVY BUILDUP OF FOOD DEBRIS ON THE REFRIGERATOR DOORS IN THE MIDDLE OF THE KITCHEN. 2. 22-02 4-601.11(A) FC +EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. A. THE INTERIOR OF THE MICROWAVE OVEN HAD A VERY HEAVY BUILD-UP OF DEBRIS. B. THE SLICER WAS SOILED WITH OLD FOOD DEBRIS. C. THE MIXER WAS SOILED WITH OLD DOUGH. * 3.08A-04 3-302.11(A)(4) FC (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; A. FLOUR WAS STORED IN AN OPEN BAG. B. CHEESES WERE UNCOVERED INSIDE THE REACH-IN FREEZER. * 4.35A-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. ONE LIVE ROACH WAS OBSERVED RUNNING OVER THE INSPECTION REPORT. * denotes critical violation Exhibit A Case Number: 2004047959 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5811100 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT page of__ EXHIBIT B ICENSE CONTROL NUMB: County File Number Suffix 5S ee A GS WARNING OF DIRECT NOTICE: HNSPECT LVS. Kh Warning Pre-conference Pre-hearing On Stipulation On Hearing Order Oother: [_]Complied (Xl Hearing requested K Not complied Out of business Failure to be in compliance with this notice at any Show Cause why sanctions should not be assessed against your license. A hearing will be held at a time and place to be designated by the director. future inspection may result in a direct Notice ta Show Cause. [| Time extended date: time: Owner Name: Lich a , cH WZ, E:- oF, Ze Ji f ¢ Business Name: __( Ai chottis Business Address: Business City: TITLE yf Bip ee DBPR Form HR 5022-005 MyFlorida.com Revised 2000 August 10 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT page of ICENSE CONTROL NUMBER County | File Number Suffix NOTICE TG Oe SHOW CAMSE FRY, You will bé issued-eMatice to Show Cause why sanctions should not be assessed against your license. A hearing will be held at a time and place to be designated by the director. Owner Name: LZ C. Ansa ae Ky bos Business Name: lL: ‘j Pattaya WA a Business Address: Id. LIL A 2 EL Business City: ‘O ‘ m jj 7 — Day WARNING OF DIRECT NOTICE: Failure to be in compliance with this notice at any future inspection may result in a direct Notice to Show Cause. Complied ir Hearing requested __/Pre-conference. DaNot complied Out of business Pre-hearing On Stipulation L_JOn Hearing Order Other: [Time extended date: If time: DBPR Form HR 8022-005 MyFlorida.com Revised 2000 August 10 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CONTROL NUMBER INSPECTOR LEGAL NOTICE FOOD SERVICE INSPECTION REPORT N ME counry | File Number Cee SODBoon = LT ZL lA LO OWNER wy, © Catering =|) OD28@805 ‘. AC © Vending = BVSBBooagag eo __ © MFDv = DBABVBAaAgsaA GE: bs La 3 Theme Park 2a e LA0: VeOnG — Food Cart Lal SEeaoa Bea ADDRESS - Be Be Bes 7 & Temporary BOO Go ce Be LOL). hei a £3 Temp. Assoc, = cry ZIP (Optional) wiPerm. Est =| O0RBRoaag QE 2246 CoLerob R230 = BVWeooas@ Be Wo. of Sean - VBeVsooes as © General {© Seating EXHIBIT B i 7 Rootes | so a - me | Month Day Year : ia g IZ y * Faliure to comply with this Notice may tnitiate ari « 2 1 ®& Routine administrative complaint that may result in suspension or revocation of your license and fines. a Bo! @ 3 © Complaint Ps y s/ @/ Oo 4 © Information INSPECTION RESULTS "| B| S@@|] Bs 5 © Epidemiological ANY VIOLATIONS noted herein must be Corrected by the NEXT ROUTINE INSPECTION, |) @loag! ws | DISPOSITION | @ @/| 8) 6 © Pending WARNING: -_ | ce | Violations in the operation of your . B establis} yen WAI corrected by: a} ' & pawl LOOT Time: LLM OT ne: 5: Mf | EEE OE 1|/ @ B o HACCP INSPECTION ADMINISTRATIVE COMPLAINT recommended, a | ' it] 1 Ss | Seasonal | ty] G3 i EMER GENCY ORDER recommended based upon 2 severe and Immediate threat ic ti a Won. 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POR PE ney State of Florida eXH | BI | B Control Number Department of Business and Professional Regulation Division of Hotels and Restaurants BAI 25. 1M CORE www. hospitalityeducation. org Sli foy Wa, Y Qo ¥ COMMENTS SHEET Lae yay EE. Page Sof YL Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 5022-083. For comments to the Lodging, Food Service, or HACCP inspection; Call Back/Reinspection Report, or HACCP Plan Verification. a 3 tak eine ffs zene” Sd asec