Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: ARCO IRIS RESTAURANT
Judges: JEFF B. CLARK
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: May 16, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 4, 2005.
Latest Update: Jan. 07, 2025
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS anne +
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION .
Petitioner, Ata!
vs.
ARCO IRIS RESTAURANT License No. 3906636
Respondent. License Type 2010 Permanent Food Service
Case No. 2004043218 6 A . | 7 ( 4
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, ("Petitioner’), files this Administrative Complaint against ARCO IRIS RESTAURANT,
(‘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 3328 W
COLUMBUS, TAMPA, FLORIDA 336071820.The mailing address of record is ARCO IRIS
RESTAURANT, at 3328 W COLUMBUS, TAMPA, FLORIDA 33607.
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 25, 2004
ee ycemaes
Joe Pereg, District Manager >
By delegation of the Director, of designee
Division of Hotels & Restaurants
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: 7160-3901-9848-3954-3109
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has beer
hand served by me on this day of , 2004.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2004043218 Form revised 7/27/04
License Type: 2010 Permanent Food Service District Number: 03
License Number: 3906636 ARCO IRIS RESTAURANT
License Number: 3906636
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2004043218
Exhibit A
“EC” 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 August 5, 2004 and August 23, 2004, the licensee was in violation of Fiorida 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.
* 4, 08A-01 3-302.11(A)(1) FC (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION
BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND
DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS
FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS
VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD;
OBSERVED RAW ANIMAL FOOD STORED OVER COOKED FOOD. RAW CHICKEN AND RAW EGGS IN
SHELL OVER READY TO EAT FOODS INSIDE WALKIN.
2.14-02 4-202.11 FC FOOD-CONTACT SURFACES. (A) MULTIUSE FOOD-GONTACT SURFACES
SHALL BE: (1) SMOOTH: (2) FREE OF BREAKS, OPEN SEAMS, CRACKS, CHIPS, PITS, AND SIMILAR
IMPERFECTIONS; (3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVICES; (4) FINISHED
TO HAVE SMOOTH WELDS AND JOINTS; AND (5) ACCESSIBLE FOR CLEANING AND INSPECTION BY
ONE OF THE FOLLOWING METHODS: (A) WITHOUT BEING DISASSEMBLED, (B) BY DISASSEMBLING
WITHOUT THE USE OF TOOLS, OR (C) BY EASY DISASSEMBLING WITH THE USE OF ONLY
HANDHELD TOOLS COMMONLY AVAILABLE TO MAINTENANCE AND CLEANING PERSONNEL SUCH
AS SCREWDRIVERS, PLIERS, OPEN-ENDED WRENCHES, AND ALLEN WRENCHES.
OBSERVED CUTTING BOARDS GROOVED AND NO LONGER CLEANABLE. (FRONT AND BACK
AREAS)
3, 22-07 4-602.12FC COOKING AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES
OF COOKING AND BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS
SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT 1S CLEANED AS
SPECIFIED IN SUBPARAGRAPH 4-602.11(D)(6). (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE
OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S
RECOMMENDED CLEANING PROCEDURE.
OBSERVED INTERIOR OF MICROWAVE SOILED.
4. 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 BUILD UP OF GREASE ON NONFOOD-CONTACT SURFACE. (HOOD FILTER BAFFLES)
AND (EXHAUST FANS IN KITCHEN)
* 528-04 5-403.11FC APPROVED SEWAGE DISPOSAL SYSTEM. SEWAGE SHALL BE DISPOSED
THROUGH AN APPROVED FACILITY THAT !S: (A) A PUBLIC SEWAGE TREATMENT PLANT; OR (B) AN
INDIVIDUAL SEWAGE DISPOSAL SYSTEM THAT IS SIZED, CONSTRUCTED, MAINTAINED, AND
OPERATED ACCORDING TO LAW.
OBSERVED EVIDENCE OF MOP/CLEANING WASTE WATER DUMPED ONTO GROUND. MOP SINK
HAS EQUIPMENT AND BOXES INSIDE BUT DOES WORK.
* denotes critical violation Exhibit A
Case Number: 2004043218 Page 1
License Type: 2010 PERMANENT FOOD SERVICE
License Number: 3906636
* 6.27-20 5-103.12 FC & 61C-1.004(2)(D) FAC PRESSURE. WATER UNDER PRESSURE SHALL BE
PROVIDED TO ALL FIXTURES, EQUIPMENT, AND NONFOOD EQUIPMENT THAT ARE REQUIRED TO
USE WATER EXCEPT THAT WATER SUPPLIED AS SPECIFIED IN PARAGRAPHS 5-104.12(A) AND (B)
TO A TEMPORARY FOOD ESTABLISHMENT OR IN RESPONSE TO A TEMPORARY INTERRUPTION OF
AWATER SUPPLY NEED NOT BE UNDER PRESSURE. PUBLIC BATHROOMS SHALL PROVIDE
LAVATORIES WITH RUNNING WATER UNDER PRESSURE.
OBSERVED COLD WATER SHUT OFF AT EMPLOYEE HANDWASH SINK IN KITCHEN DUE TO LEAK.
7. 37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
A. OBSERVED HOLE IN WALL IN KITCHEN LEFT OF COOK LINE.
B. OBSERVED WALL SOILED WITH ACCUMULATED GREASE IN KITCHEN.
* 8.45-17 NPFA96, 8-2. INSPECTION. AN INSPECTION AND SERVICING OF THE FIRE-
EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-
ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED
AND QUALIFIED PERSONS.
HOOD SUPPRESSION SYSTEM TAG OUT OF DATE. LAST TAGGED DECEMBER, 2003.
* 9. 46-11.1 NFPA 101, 12-2.10 & 5-10.1 MEANS OF EGRESS SHALL BE MARKED IN ACCORDANCE
WITH SECTION 7-10.
EXIT LIGHTS NOT PROPERLY ILLUMINATED.
* 10.47-01 61C-1.004(11) FAC ELECTRICAL WIRING -- TO PREVENT FIRE OR INJURY, DEFECTIVE
ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR. NO
EXTENSION CORDS SHALL BE USED EXCEPT DURING CLEANING, MAINTENANCE AND OTHER
TEMPORARY ACTIVITIES. ONLY A WALL SWITCH OR APPROVED PULL CORD SHALL BE PERMITTED
IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS OF NFPA 70, THE NATIONAL ELECTRICAL
CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4A-3, FAC, UNIFORM
FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL BE PROVIDED.
OBSERVED EXTENSION CORDS IN USE FOR NON TEMPORARY PERIOD.
* denotes critical violation Exhibit A
Case Number: 2004043218 Page 2
License Type: 2010 PERMANENT FOOD SERVICE
License Number: 3906636
Page 1 of 4
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
CALLBACK INSPECTION REPORT
LEGAL NOTICE
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines.
8/23/04 11:03:20 AM Warning SEA3906636 SEAT
Callback {nspection Date and Time Inspection Reason License Number
GONZALEZ JORGE/LLAUGER HENRY ADMINISTRATIVE COMPLAINT 1357
Owner Name recommended. Area Coje/Telephone Number
ARCO IRIS RESTAURANT
Business Name Inspection Result
56 08/05/2004
Number of Units Requested Callback Date/Time Initia) Warning Date
03328 W_ COLUMBUS TAMPA FL 336071820
Address / City / State / Zip / etc.
Comments
—s
The following item(s) have been recommended for Administrative Complaint:
iolation: O8A-01 Ss
bpserved raw animal food stored over cooked food. Poe chicken and raw eggs in shell over ready.toeat foods inside walkin,
sf cage gee ee oe —
iolation: 14-02
Dbserved cutting boards grooved and no longer cleanable trot and back area).
we Qe a
08/23/04 11:36 AM
Date Signature of Recipient Inspector Signature
Recipient: francisco aguar For further information please contact:
‘ F. Dennis Mirabella
Title mgr . eesti i, alt
Senior Sanitation Safety Specialist 3725 W Grac2
Phone: 879-1357 Street Tampa, Fl. 33607
850 487 1395
DBPR FORM HR 5022-277
STATE OF FLORIDA
DIVISION OF HOTELS AND RESTAURANTS
CALLBACK INSPECTION REPORT
LEGAL NOTICE
Page 2 of 5
License Number
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA3906636
Business Name
ARCO IRIS RESTAURANT
Inspection Date
8/23/04 11:03:20 AM
et Failure to comply with this Notice may initiate an administrative compiaint that may result in suspension or revocation of your license and fines.
ye Boserved interior of microwave soiled.
s
4a iotation: 23-01
oO (Observed build-up of grease on nonfood-contact surtace hood filter battle) .
exhaust fans in were)
oat
S) Observed eviderice of mop/cleaning waste water dumped onto ground. Mop sink has equipment and boxes insidegdoes work.
&
“\ Violation: 3 a
2)
apesened hole in wall in kitchen left of cook line.
b) Pbserved wail soiled with accumulated grease in kitchen. ———
g) iotation: 45-17 YC,
Besered thos suppression system tag out-of-date. Hotei yo 7 Lay tha
4) iotation: 46-11 —_
Prcanedoxi lights not properly itiuminated.
occa Saas _———— on
a
' >) iolation: 47-01 x
polation: 2-86" 77-20 cr. -
Pbdserved extension cords in use for non-temporary period.
IThe following item(s) are in compliance:
iolation: OBA-20
bserved food stored on floor inside walkin cooler.
iolation: 21-05
{Observed soiled dry wiping cloth in use.
iolation: 23-02
Dbserved residue build-up on nonfood-contact surface. all shelves and racks inside walkin cooler.
iolation: 23-02
Observed ice and frozen blood and food particle build-up on nonfood-contact surface inside three stand up freezers.
iolation: 31-12
Observed handwash sink used for purposes other than handwashing. ice and glasses inside front hand sink.
iglation: 36-03
DBPR FORM HR 5022
STATE OF FLORIDA
Page 1 of 3
DEPARTMENT OF BUSINESS AND PROFESSIONAL «E£GULATION
DIVISION OF HOTELS AND RESTAURANTS
CALLBACK INSPECTION REPORT
LEGAL NOTICE
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license
8/23/04 11:03:20 AM
Callback Inspection Date and Time
GONZALEZ JORGE/LLAUGER HENRY
Owner Name
ARCO IRIS RESTAURANT
Business Narne
56
Number of Units
03328 W COLUMBUS
and fines.
Warming
Inspection Reason
ADMINISTRATIVE COMPLAINT recommended.
Inspection Resutt
SEA3906636
SEAT
License Number
(313)879-1357
Area Code/Telephone Number ”
08/05/2004
Requested Callback Date/Time
Initial Warning Date
TAMPA FL 336071820
Address / City / State / Zip / etc.
Comments
Violation: 084-01
fiolation: 14-02
Miolation: 22-67
The following item(s) have been recommended for Administrative Complaint:
Observed cutting boards grooved and no longer cleanable. front and back areas.
raw animal food stored over cooked food, raw chicken and raw eggs in shell over ready to eat foods inside walkin.
8/23/04 11:22:29 TA
AM.
Oate Signature of Recipient Inspector Signature
Recipient: francisco aguar For further information please contact:
Title F. Dennis Mirabella
mgr Senior Sanitation Safety Specialist 3725 W Grace Street
Phone: 879-1357 Tampa, Fl. 33607
DBPR FORM HR 5022-77?
850 487 1395
Page 2 of 3
STATE OF FLORIDA . License Number
DEPARTMENT OF BUSINESS AND PROFESSIONA: xEGULATION SEAT SEA3906636
DIVISION OF HOTELS AND RESTAURANTS
Business Name
CALLBACK INSPECTION REPORT ARCO IRIS RESTAURANT
LEGAL NOTICE inspection Date
8/23/04 11:03:20 AM
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license
and fines.
(Observed interior of microwave soiled.
iolation: 23-01 i
observed build-up of grease on nonfood-contact surface. hood filter baffles.
Miolation; 23-01
lObserved build-up of grease on nonfood-contact surface. exhaust fans in kitchen.
iolation: 28-04
{Observed evidence of mop/cleaning waste water dumped onto ground. mop sink has equipment and boxes inside. does work.
iolation: 29-05
{Observed cold water shut off at employee handwash sink in kitchen due to leak,
Violation: 37-02
(Observed hole in wall in kitchen left of cook line.
Miolation: 37-02
\Observed wall soiled with accumulated grease in kitchen.
Niolation: 45-17 i
Observed hood suppression system tag out-of-date. This violation must be corrected by : 08/20/04.
Wiolation: 46-11
Observed exit lights not property illuminated,
Niolation: 47-01 i
\Observed extension cords in use for non-temporary period.
The following item(s) are in compliance:
Violation: 084-20
bserved food stored on floor inside walkin cooler,
iolation: 21-05
bserved soiled dry wiping cloth in use.
Violation: 23-02
bserved residue build-up on nonfood-contact surface. all shelves and racks inside walkin cooler. {
bas 23-02
(Observed ice and frozen blood and food particle build-up on nonfood-contact surface inside three stand up freezers. !
Violation: 31-12
Observed handwash sink used for purposes other than handwashing. ice and glasses inside front hand sink,
Violation: 36-03
Page 3 of 3
STATE OF FLORIDA License Number
DEPARTMENT OF BUSINESS AND PROFESSIONAL ..EGULATION SEAT SEA3906636
DIVISION OF HOTELS AND RESTAURANTS
Business Name
CALLBACK INSPECTION REPORT ARCO IRIS RESTAURANT
Inspection Date
8/23/04 14:03:20 AM
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license
and fines.
LEGAL NOTICE
\Observed grease accumulated under cooking equipment.
Miolation: 36-03
(Observed grease accumulated on kitchen floor.
8/5/04 11:07:37 AM
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
FOOD SERVICE INSPECTION REPORT
LEGAL NOTICE
Failure 10 comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fnes.
Routine
3906636
Page 1 of 3
SEAT
Inspection Date and Time
GONZALEZ JORGE/LLAUGER HENRY
Inspection Reason
License Number
WARNING:
Owner Name
ARCO IRIS RESTAURANT
Violations in the operation of your
stablishment must be corrected by:
1357
Business Name
Inspection Result
08/20/2004 08:00 AM
Area Code/Telephone Number
02/01/05
56
Number of Units
03328 W_ COLUMBUS
Callback Date/Time
License Expiration
TAMPA FL 336071820
Address / City / State / Zip / etc.
Item 03: Food Temperatures
tem 53a: Cert. Food Managers
item 20: Warewashing Sanitization
Item 45: Fire Extinguishers and
Jrire Suppression Systems Date,
Beef, raw, walk in cooler. 38 Degrees F.
Chicken, raw, walk in cooler, 38 Degrees F.
Ground beef og, walk in cooler, 40 Degrees F.
Whole Pork, walk in cooler, 42 Degrees F.
Shredded Beef, cocked, hot holding, 178
Degrees F
Chicken, roasted, hot holding, 168 Degrees F-
Green beans, hot holding, 174 Degrees F.
Pork, hot holoing, 178 Degrees F.
Rice, hol holding, 180 Degrees F.
Manager Name: ursula m gonzalez Certification
Date: 06/17/02 Cenlified by: Experior
Assessments
NOTE: Items marked above with an asterisk (*) indicate a violation
Inspector's Comments
Water Source: Municipal/Utility. Sewage: Municipav/Utility.
| acknowledge receipt of this inspection form and comments.
Ueki Ly kg
08/05/04 12:09 PM
Employees trained by Serve Safe / safestaft
“A Hood Suppression tyae Fire Extinguisher,
found in/at kitchen has a certification date of
1403
A Class K type Fire Extinguisher, found invat
kitchen has 2 ceniification date of 12/03
A Class ABC lype Fire Exunguisher. found in/at
dining room has a certification date of 12/03
Signature of Recipient
Inspector Signature
Date/Time Recipient: ursula m gonzalez For further information please contact:
; F. Dennis Mirabella
Title mgr Senior Sanitation Safety Specialist 3725 W Grace Steet Tampa. Fl
Phone: 879-1357 250 487 1385
STATUS SOURCE | STATUS PHF TEMPERATURE CONTROL
Yes *O1a Approved source [Yes *03b Hot food at proper temperature
Yes *01b Wholesome, sound condition Yes *03c Foods properly cooked/reheated
Yes 02 Original container; properly labeled, date marking Yes *03d Foods properly cooled
STATUS PHF TEMPERATURE CONTROL Yes *04 Facilities to maintain product temperature
Yes *03a Cold food at proper temperatures during storage, Yes 05 Thermometers provided and conspicuously placed |
display, service, transport, and cold holding Yes 06 Potentially hazardous foods properly thawed j
Violations marked with an asterisk are critica! violations. {tems marked YES are in compliance. Items Marked NO are violations. Specific detaits of
violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were nct being conducted
DBPR FORM HR 5022-014
STATE OF FLORIDA
LEGAL NOTICE
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
FOOD SERVICE INSPECTION REPORT
Page 2 of 8
License Number
SEAT 3906636
inspection Date
8/5/04 11:07:37 AM
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines.
GARBAGE AND REFUSE DISPOSAL
STATUS PHF TEMPERATURE CONTROL STATUS
Yes *07 Unwrapped or potentially hazardous food not re-served Yes 33 Containers covered, adequate number, insect and rodent
No 08a Food protection during storage, preparation, display, iproof, emptied at proper intervals, clean
service, transportation Yes 34 Outside storage area clean, enclosure properly
Yes *08b Cross-contamination, equipment, personnel, storage constructed
Yes *O8c Potential for cross-contamination; storage practices; STATUS. INSECT AND RODENT CONTROL
idamaged food segregated Yes *35a Presence of insects/rodents. Animals prohibited
Yes 109 Foods handled with minimum contact Yes "35b Outer openings protected from insects, rodent proof
Yes 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS
STATUS PERSONNEL No I36 Floors properly constructed, clean, drained, coved
Yes *44 Personnel with infections restricted No 37 Walls, ceilings, and ettached equipment, constructed,
Yes '*12a Hands washed and clean, good hygienic practices clean
(observed), alternative operating plan [Yes 138 Lighting provided as ‘equired. Fixtures shielded
Yes *12b Proper hygienic practices, eating/drinking/smoking lYes 39 Rooms and equipment - vented as required
(evidence) STATUS OTHER AREAS
Yes 13 Clean clothes, hair restraints Yes 40 Employee lockers provided and used, clean
STATUS FOOD EQUIPMENT AND UTENSILS Yes “41a Toxic items properly stored
No 44 Food contact surfaces designed, constructed, Yes *41b Toxic items labeled and used properly
maintained, installed, tocated Yes 42 Premises maintained, free of litter, unnecessary articles.
Yes 15 Non-food contact surfaces designed, constructed, Cleaning and maintenance equipment properly stored.
maintained, installed, located Kitchen restricted to authorized personnel
Yes 16 Dishwashing facilities designed, constructed, operated Yes 143 Complete separation from living/sleeping area, laundn
1. Wash 2. Rinse 3. Sanitize 44 Clean and soiled linen segregated and proper! stored |
Yes SAFETY
Yes 18 Pre-flushed, scraped, soaked INo 45 Fire extinguishers - sroper and sufficient _
Yes 19 Wash, rinse water clean, proper temperature "46 Exiting system - adequate, good repair __ |
Yes *20a Sanitizing concentration Ino a7 Electrical wiring - adequate, good repair
Yes *20b Sanitizing temperature Yes 48 Gas appliances - properly installed, maintained |
No 21 Wiping cloths clean, used properly, stored Yes *49 Flammable/combustible materials - properly stored
No 22 Food contact surfaces of equipment and utensils clean STATUS | GENERAL
No 23 Non-food contact surfaces clean Yes [$50 Current license properly displayed
Yes 24 Storage/handiing of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation
STATUS SINGLE SERVICE ARTICLES Yes *52 False/misleading statements published or advertised
Yes 25 Service items properly stored, handled, dispensed relating to food/beverage
Yes 26 Single service articles not re-used Yes *53a Food management certification valid
STATUS WATER AND SEWAGE/PLUMBING Yes *53b Employee training validation
yes *27 Water source safe, hot and cold under pressure Yes 54 Florida Clean Indoor Air Act
No "28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice
No 29 Plumbing installed and maintained Yes 56 Copy of Chapter 509. Florida Statutes available
Yes *30 Cross-connection, back siphonage, backflow STATUS [_ GENERAL
STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program information provided j
No +31 Toilet and handwashing facilities, number, convenient, [Yes 58 Smoke Free |
designed, installed
it If-closin: rs, fixtures operate .
ves oropery. city ean, supplied wit haneisonp, isponabla Total Number of COS Violations: Q :
towels or hand drying devices, tissue, covered waste Total Number of Repeat Violations: 0
Violations marked with an asterisk are critical violations. items marked YES are in compliance. Items Marked NO are violations. Specific detaits of
violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted
Page 3 of 8
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number
DIVISION OF HOTELS AND RESTAURANTS SEAT —- 3906636
Inspection Date
FOOD SERVICE INSPECTION REPORT 8/5/04 11-07-37 AM
LEGAL NOTICE
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines
Warning(s}:
O08A-01 - Observed raw anima! food stored over cooked food. raw chicken and raw eggs in shell over ready to eat foods inside walkin.
08A-20 - Observed food stored on floor inside walkin cooler.
14-02 - Observed cutting boards grooved and no longer cleanable. front and back areas.
21-05 - Observed soiled dry wiping cloth in use.
22-07 - Observed interior of microwave soiled.
23-01 - Observed build-up of grease on nonfood-contact surface. hood filter baffles.
23-01 - Observed buiid-up of grease on nonfood-contact surface. exhaust fans in kitchen.
23-02 - Observed residue build-up on nonfood-cantact surface. ail shelves and racks inside walkin cooler.
23-02 - Observed ice and frozen blood and food particle build-up on nonfood-contact surface inside three stand up freezers.
28-04 - Observed evidence of mop/cleaning waste water dumped onta ground. mop sink has equipment and boxes inside. does work.
29-05 - Observed cold water shut off at emptoyee handwash sink in kitchen due to leak.”
31-12 - Observed handwash sink used for purposes other than handwashing. ice and glasses inside front hand sink.
36-03 - Observed grease accumulated under cooking equipment.
36-03 - Observed grease accumulated on kitchen floor.
37-02 - Observed wali soiled with accumulated grease in kitchen.
37-02 - Observed hole in wall in kitchen left of cook line.
45-17 - Observed hood suppression system tag out-of-date. This violation must be corrected by : 08/20/04.
46-11 - Observed exit lights not properly illuminated.
47-01 - Observed extension cords in use for non-temporary period.
Docket for Case No: 05-001768
Issue Date |
Proceedings |
Aug. 04, 2005 |
Order Closing File. CASE CLOSED.
|
Aug. 04, 2005 |
Letter to Mr. Luebkemann from Judge Clark enclosing Petitioner`s Exhibits numbered 1-3.
|
Jul. 28, 2005 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jul. 19, 2005 |
CASE STATUS: Hearing Held. |
Jul. 15, 2005 |
Notice of Objection to Respondent`s Request for Production filed.
|
Jul. 15, 2005 |
Production in Response to Respondent`s Request for Production filed (exhibits not available for viewing).
|
Jul. 15, 2005 |
Answer to Respondent`s First Set of Interrogatories and Production of Documents filed.
|
Jul. 11, 2005 |
Notice of Serving Interrogatories filed.
|
Jul. 11, 2005 |
Request for Production filed.
|
Jun. 27, 2005 |
Petitioner`s Exhibit List filed.
|
Jun. 27, 2005 |
Petitioner`s Witness List filed.
|
Jun. 02, 2005 |
Order of Pre-hearing Instructions.
|
Jun. 02, 2005 |
Notice of Hearing (hearing set for July 19, 2005; 9:00 a.m.; Tampa, FL).
|
May 31, 2005 |
Letter to Judge Clark from R. Fernandez advising that he does not represent the Respondent at this time filed.
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May 24, 2005 |
Response to Initial Order filed.
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May 16, 2005 |
Administrative Complaint filed.
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May 16, 2005 |
Election of Rights filed.
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May 16, 2005 |
Agency referral filed.
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May 16, 2005 |
Initial Order.
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