Aug 9 2005 16:02 8/69/2685 16:81 8584146749 DEPR OGA PAGE 4/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. License No. 6012523 CRABBY HACKS ondent License Type 2010 Permanent Food Service peneent. Case No, 2005021328 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitioner’), files this Administrative Complaint against CRABBY JACKS, ("Respondent"), and says: {. 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 7001 N FEDERAL HWY, BOGA RATON, FLORIDA 33487.The mailing address of record is CRABBY JACKS, at 7001 .N FEDERAL HWY, BOCA RATON, FLORIDA 32487. 3. Inspection of this establishment conducted pursuant to Sec. 508.032, 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 amr Order imposing one or more of the totlowing “oo penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational pragram sponsored by the Department's Hospitality Edueation 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 pr Signed April 14, 2005 |} Ken Buck, District Manager By delegation of the Director, or 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 8548 3473 | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Gase Number; 2005021328 Form revised 04.10.05 Licanse Type; 2010 Permanant Food Servica Diatriot Number, 02 License Number: 6012523 CRABBY JACKS Aug 9 2005 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE 45/14 License Number: 6072523 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005021328 Exhibit A “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Haalth 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 Gade, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. Itis alleged that on February 28, 2005 and April 11, 2005 the licensee was In violation of Florida Statute 509(F8) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (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 ABOVE RIBS. * 2.08A-20 3-305.11FCG FOOD STORAGE. (4) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST ...(8 INCHES) ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS-THAN..(6 INCHES) ABOVE THE = > FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C} PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC GRATES MAY BE STORED ON A FLOOR THAT IS GLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR IN DRY STORAGE, 3.10-03 3-304.12(C) FCG DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (C) ON A CLEAN PORTION OF THE FOOD PREPARATION. TABLE OR COOKING EQUIPMENT ONLY IF THE IN-USE UTENSIL AND THE FOOD-CONTACT SURFACE OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ARE CLEANED AND SANITIZED AT A FREQUENCY SPECIFIED UNDER SECTIONS 4-602.11 AND 4-702.11; OBSERVED IN-USE UTENSIL NOT STORED ON A CLEAN PORTION OF FOOD PREPARATION OR COOKING EQUIPMENT. BETWEEN PIECES OF EQUIPMENT; ICE SCOOP ON TOP OF ICEMACHINE, 4.24-02 3-304.14(B)FC CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (1) DRY AND USED FOR WIFING FOOD SPILLS FROM TABLEWARE AND CARRY-OUT CONTAINERS; OR (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. ON LINE. 5.22-06 4-602.11(E)FC (EE) EXCEPT WHEN ORY GLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING * denotes critical violation Exhibit A Case Number: 2005021328 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6012523 Aug 9 2005 16:03 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE 46/14 CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS IGE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. OBSERVED BUILDUP OF SLIME-LIKE SUBSTANCE IN THE INTERIOR OF ICE MACHINE. BY OFFICE. * 6.31-11 6-205.11(A) FO A HANDWASHING LAVATORY SHALL BE MAINTAINED SQ THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. OBSERVED HANDWASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES. IN DISHWASHING AREA. 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. OBSERVED ATTACHED EQUIPMENT SOILED WITH ACCUMULATED DUST. AIR VENT IN ALLEY. OBSERVED CEILING SOILED WITH ACCUMULATED DUST. THROUGHOUT KITCHEN. &. 38-02 6-202.141FC LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULES BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD “SURROUNDING AND EXTENDING BEYOND THE BULB'SO THAT ONLY THE FACE OF THE BULB IS” ” EXPOSED. OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS. ENDCAPS MISSING IN STOREROOM., * 9.41B-02 7-102.11FCG COMMON NAME. WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUCH AS CLEANERS AND SANITIZERS TAKEN FROM BULK SUPPLIES SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH THE COMMON NAME OF THE MATERIAL. OBSERVED UNLABELED SPRAY BOTTLE ON COOKLINE AT THE BAR, * 10.46-05 NFPA 101,7.9.2:2 THE EMERGENCY LIGHTING SYSTEM SHALL BE ARRANGED TO PROVIDE THE REQUIRED ILLUMINATION AUTOMATIGALLY. OBSERVED EMERGENCY LIGHTING DOES NOT ACTIVATE AUTOMATICALLY ON COOKLINE. OBSERVED EMERGENCY LIGHTING ILLUMINATION INSUFFICIENT WITH BURNT OUT BULB IN ALLEY. 14. 46-11 610-1.004(10) FAC : EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. OBSERVED EXIT LIGHTS NOT PROPERLY ILLUMINATED. 2 IN WEST BAR. * 12.47-05 NFPA70,110-12(A) UNUSED OPENINGS - UNUSED OPENINGS IN BOXES OR HOUSINGS SHALL BE EFFECTIVELY CLOSED TO AFFORD PROTECTION SUBSTANTIALLY EQUIVALENT TO THE WALL OF THE EQUIPMENT. OBSERVED UNUSED OPENING IN PANEL BOX UNPROTECTED. “ denotes critical violation Exhibit A Case Number, 2005021328 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6012523 Aug 9 2005 16:04 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE @7/ld * 13. 534-01 509.039 FS AND 61C-4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF $0 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIG KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS GHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE, OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION, OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER NOTED ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. * denotes critical violation Exhibit A Case Number: 2005021328 Page 3 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6012623 Aug 9 2005 16:04 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE F HIB iT B = STATE OF FLORIDA me DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. mytlorda.com/dbpr ae/1d f r CALLBACK INSPECTION REPORT iia LEGAL NOTICE Fallure te comply with this Notice may initiate an administrative camplaint that may result in suspension or revocation of your license and fines, 4/11/05 4:55:34 PM Waming SEA6012523 SEAT Callback Inspection Date and Time Inspection Reason License Nurnber YOCA JACK INC soa AEMINISTRATIVE COMPLAINT recommended. 8899895 Owner Name Area Code/Telephone Number CRABBY JACKS Business Name " Inspectian Result 264 02/28/2005 Number of Units Requested Callback Date/Time Initial Warning Dete 67001 N FEDERAL HWY BOCA RATON FL 33457 Address / City / State / Zip / ete. Comments The following Item(s) have been recommended for Administrative Complaint: Violation: 084-01 Observed raw animal food stored over cooked food. RAW CHICKEN ABOVE RIBS. jolation: OBA-20 , Observed fand stored on floor. IN DRY STORAGE. Wiolation: 10-03 we Saag) Tonsonee ail Date Signature of Recipient Inspector Signature Reciplent: . ____ For further information please contact: | } Terrence Diehi Tite L, Sanitation And Safety Specialist 5080 Coconut Creek phones PK (LION, PKWY Margate, FL 33083-3942 (850)487-1395 OBPR Form Hi 5022-005 eVehOnm. alia 4e7 Aug 9 2005 16:04 8/69/2685 16:81 8584146749 DEPR OGA PAGE 9/14 ; CATHIE . Page 2 _ STATE OF FLORIDA se! : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATLON eens ee SER6012523 DIVISION OF HOTELS AND RESTAURANTS www. myflorda.com/dbpr Business Narre CALLBACK INSPECTION REPORT GRABEY JACKE LEGAL NOTICE Inspection Date 4/11/05 1:55:34 PM Fajlure ta comply with this Notice may Inttlate an administrative complaint that may result in suspension of revocation of your license and fines, bserved in-use utensil not stored on 4 clean portion of food preparation or cooking equipment. BETWEEN PIECES OF EQUIPMENT; ICE SCOOP ON TOF OF CEMACHINE. olatloms 21-02! Observed wet wiping cloth net stored In sanitizing solution between uses. ON LINE. iolation: 22-06 Observed bulldup of slime-ike substance in the interlor of ice machine. BY OFFICE. Miolatlon: 31-11 Observed handwash sink not accessible for amployes use at all times. IN DISHRING, ? s iy Ut con tlie Oe a H lolatian; 37-02" Observed attached equipment solled with accumulated dust. AIR VENT IN ALLEY. lolation; 37-02 ’ Observed ceiling sotled with accumulated duet. THROUGHOUT kIT. folation: 38-02, (Observed lights missing the proper ahlald, sleeve coatings ar covers. ENDCAPS MISSING IN STOREROOM, -hralsHOnS EOE: 3 ea at a ts weer ee Observed unlabeled spray bottle. nCOQK LIE AN AT BAR. inlation: 46-05 Observed emergency lighting does not activate automatically. ON COOK LINE, iplation: 46-08. Observed emergency lighting illumination insufficient. BURNT QUT BULB IN ALLEY. lolation; 46-14 JObserved exit lights not property illuminated. 2 IN WEST BAR. iolation: 47-05. (Observed unused opening in panel box unprotected. CC Hi2puE Molation: 534-01 bath Weer DBPR Form HR 5022-005 Aug 9 2005 16:04 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE 1@/1d4 EXHIBIT B . Page 3 is _ STATE OF FLORIDA = --- License Number coe } DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA60 12523 DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Business Name CRABBY JACKS CALLBACK INSPECTION REPORT Inspection Detw LEGAL NOTICE 4/14/05 1:85:34 PM Fallore to comply with this Notice may initiate an administrative complaint that may result In suspension or revocation of your license and fines, Observed manager lacking proof of Food Manager Certification. ‘This violation must be corrected by : 3/28/05. folation: 53A-04 Observed no currently certified food service manager noted on duty with four or more employees engaged in food preparation. This violation must be corrected by | 3/28/05. The follawing item(s) are in compliance: iolation: 06-01 Observed potentially hazardous food thawed in an improper manner. SHRIMP AND SCALLOPS IN STANDING WATER. Vielation; 124-12 Observed food employee tayching ready-to-eat food with thelr bare hands. No approved Alternative Operating Procedure In place. BARTENDER AND GARNISHES IAT BAR. Molation: 12B-01 4 Observed employee In a restricted area drinking from an open beverage contalner. lotation: 31-12 Observed handwash eink used fer purposes other than handwashing. THAWING PHF'S. Miolation: 37-02 (Observed celfing tile missing. IN BISHRING, folation: S3B-O1 Observed no praof of required employee tralning. This vielation must be corrected by : 3/28/05. iolation: 538-07 Observed employees who have not received training relating to thelr assigned duties, BARTENDER DESCRIBED GLASS WASHING AS: WASH/SANITIZE/RINSE. GBPR Form HR 5022-005 Aug 9 2005 16:04 68/09/2885 16:81 s584146749 DEPR OGA : 7 STATE OF FLORIDA set a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS PAGE 11/14 Page 4 www. myflonda.com/dbpr FOOD SERVICE INSPECTION REPORT Zane LEGAL NOTICE Fallure to comply with this Notice moy Initiate an administrative complaint that may resuR in suspension or revocation of your Iicens¢ and fines, 2/28/05 12:42:57 PM Routine SEAG022523 SEAT Ingpaction Date and Tire Inspection Reason License Number YOCA JACK INC WARNING: Owner Name [Violations In the operation of your goggg5 CRABBY JACKS f establishment must be corrected by: Area Code/Telephone Number Business Name Thapection Result 264 03/28/2005 08:00 AM 01-DEC-05 Number of Units ™ Callback Date/Time Uicense Expiration Q7001 N FEDERAL HWY BOCA RATON FL 33487 Addrass / City / State / Zip / etc. — Ttem 03: Food Ternperaturas Ttam S35: Cert. Food Managers Baef, aw, walt In cooler, 40 Dagrees F, Hamburger, raw, cook line, 42 Degrees Fe Chicken, roasted, cooking temperatura, 172 Degraes F, Soups, potentiatly hazardous, hat holding, 156 Degrees F. Fish, raw, cook Iinee2, 42 Degrees F. *Manager Name: NONE Certification Data: NONE Ttarm 20: Warawashing Sanitization Sanitizer Type: Chlorine found at concentration of 50+ FFM. Ttem 45: Fire Extinguishers and Fire Suppression Systems Dates A Class ABC type Fire Extinguisher, found infat Kitehen has a cartiflcation date of 3/04 A Class ABC types Fire Extinguisher, found in/at Kitchen hesa certification date of 8/04 A, Hood Suppression type Fire Extinguisher, found In/at kitchen has a certificertion date of 5/04 A Class BC type Fire Extinguisher, found in/at 1 Kitchen has a certflestion date of 3/04 A Class ABC type Fire Extinguisher, found Infat dining room has a cettiAcation date of 2/04 NOTE: Items marked above with an asterisk (*) indicate a violation Faepector's Comments ante eee - wan ene [L CRITICAL VIOLATIONS MUST BE CORRECTED IMMEDIATELY. MANAGER ON DUTY "HARRY" STATES HE HAS BEEN EMPLOYED 2 MONTHS, WITH 30 DAY IARNING THAT WILL BE 90 DAYS AND CERTIFICATION WILL BE REQUIRED. PROVIDED EMPLOYEE TRAINING REQUIREMENTS AND CERTIFIED MGR, TESTING! INFO. Employees trained by NO PROOF PROVIDED = Provided Educational Information. Provided Web Site: www. hospltalityeducation.ong. Tacknowledge receipt of this inspection form and comments. 2/28/05 x de GLY Date - Signature of Recipie Recipient: LJ ATT Ge \n rey Tite Gen ero Manager Phone: ax SolrWwWwse TOO Zh Inspector Siqnatura For further information please contact, Tarrance Diehl Sanitation And Safety Specialist 5080 Coconut Creek PKWY Margate, FL 33063-2942 (850)487-1395 STATUS yes *O1a Approved source yes *03b Hot food at proper temparatura Yes *01b Wholesome, sound condition Yes *03¢ Foods proparly cooked/reheated ‘Yes 02 Original container; properly labeled, date marking Yes, *03d Foods properly cooled "STATUS | PHF TEMPERATURE CONTROL. Yes 704 Facilities to malntamn product temperature Yes *03q Cold food at proper temperatures during storage, display, | Yes #05 Thermometers provided and conspleusiisly placed 4 service, transport, and cold holding No 06 Potentlally hazardous foods properly thawed Violations marked with an asterisk ara ertticel vioiatlons. Items marked YES are Ih compliance. Ttems Marked NO are vielations. Specific detalls of violation are iisted on subsequent pages. Ttems marked N/A are Not Applicable. Ttems Marked as N/O are Not Gbearved, and were nat balng conducted at the time of Inspection. DEPR Form HR 5022-015 68/69/2685 16:81 8584146749 Aug 9 2005 16:05 DEPR OGA — STATE Of FLORIDA a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION PIVISTON OF HOTELS AND RESTAURANTS Www. iiyflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE PAGE 12/14 Page 2 License Number SEAT SEASD 12523 Inspection Date 2/28/05 12:42:57 PM Fallure to comply with this Notice may initiate an administrative complaint that may result In suspension or revocation of your license STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL Yes "07 Unwrapped or potentially hazardous food not re-served Yes [33 Containers covered, adequate number, insect and rodent No Oia food protection during storage, preparation, display, proof, emptied at proper intervals, clean service, transportation Yes 4 Quiside storage area clean, enclosure properly constructed Yes Sb Cross-contamination, euipment, personnel, storage Yes O8¢ Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL darmaged Food segregated Yes 35a Presence of Insects/rodents, Animals prohibited Yes “TO Foods handled with minimum contact yes faSh Outer openings protected from Insects, rodent proof No 10 Th use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Yes. 86 Floors properly constructed, clean, drained, coved Yes 11 Personnel with infactions restricted No 87 Walls, cellligs, and attached equipment, constructed, clean No *12a Hands washed and clean, good hyglenic practices (observed), alternative operating plan No i Lighting provided a6 required. Fixtures shielded No *{2b Proper hygienic practicas, eating/drinking/simeking Yes 2 Rooms and equipment - vented as required (evidence) varus OTHER AREAS Yes 43 Clean clothes, halr restraints * Yes 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS: Yes i428 Tole Items properly stored ¥en 74 Food contact surfaces designed, constructed, maintained, Ne *44b Toxic Items labeled and used properly installed, located Yes 142 Premises rraintalned, free of Itter, unnecessary articles, ves | 5 Nov food cintat surfaces designed, constructed, tmaintained, Pesce to olterted pecenea properly stored, Kitchen ‘Yes 76 Dishwashing facilities designed, constructed, operated 1, Yes 43 Completa separation from fiving/sleaping area, laundry Wash 2. Rinse 3. Sanitize Yes 44 Clean and soiled iInen segregated and properly stored ‘Yes *17 Thermometers, gauges, test kits provided STATUS SAFETY ‘Yes 18 Pre-flushed, scraped, soaked : Yes h45 Aire extinguishers = praper and sufficient —— Yes 18 Wash, rinse water dean, proper temperature No Hag Exiting system ~ adequate, good repair Yes. *20a Sanitizing concentration No 847 Electrical wiring - adequate, good repair Yes *20b Sanitizing temperature Yes 49 Gas appliances - properly inetalled, maintained No 21 Wiping cloths clean, used properly, stored Yes [649 Flammablefcombustible rnvaterials - properly stored No 72 Food contact surfaces of equipment and utensils clean STATUS GENERAL Yes 23 Non-foed contact eurfaces clean Yas FEO Current lense properly displayed Yas 24 Storage/handiing of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation ' STATUS SINGLE SERVICE ARTICLES Yes. 52 False/misleading stabaments published or advertised relating Yes 35 Service Items properly stored, handled, dispansed to Food/beverage Yes 276 Single service articles not re-used No 53a Food ranagement certification valld STATUS WATER AND SEWAGE/PLUMBING No *53b Employee training validation Yas. =27 Water source safe, hot and cold under pressure Yes mary Forlda Clean Indoor Air Act Yes (#28 Sewage and waste water dispased praperly yes BS Automatic Gratulty Notice Yes 29 Plumbing installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available Yas *30 Crass-connection, back slphonage, backfiaw STATUS GENERAL STATUS ‘TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program Information provided No 31 Tollet and handwashing facilities, number, canvenient, Yes 58 Smoke Free : designed, installed “ rear potted ith Rrcrany dupes evel or tad Total Number of COS Victor: 0 drying devices, tissue, covured waste receptacles Total Number of Repeat Viclations: 0 Violations marked with an asterisk are cHtlent violations. Items marked YES are in compliance. Them: Marked NO ara violations. Spectfic detalls of violation are fisted of subsequent pages. dies marked N/A ate Not Applicable. Items Marked ag N/O are Not Observed, and were net being conducted at the time of inspection. FIRGA Fart HR 5199-075 Aug 9 2005 16:05 ge/ag/ 2085 16:41 8584146749 DEPR OGA PAGE 13/14 eit : ~ STATE OFFLORIDA ~~ Page 3 a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT SEASOL2599 www. myflorida.com /dbpr FOOD SERVICE INSPECTION REPORT acini ‘ON adds LEGAL NOTICE 2/25/08 Lasd2252 Pr Failure to comply with thts Notice may tnttlate an administrative conplalnt that may result In. suspension or revocation of your Ileanse and fines. Warnings): 06-01 - Observed potentially hazardous food thawed in an Improper manner. SHRIMP AND SCALLOPS IN STANDING WATER. REFERENCE TEXT: 3-501.13 PC : Thawing. Except as specified In Paragraph (D) of this section, POTENTIALLY HAZARDOUS FOOD shall ba thawed: (A) Under refrigeration that malntains the FOOD temperature at ...(41 degrees Fahrenhelt) or tess, or at ...(45 degrees Fahrenheit) or less as specified under Paradraph 3- 501.16(C) or; (B) Completely submerged under running water: (1) At a water temperature of ...(70 degrees Fahrenheltf) or below, (2) With sufficient water velocity to agitate and float off loose particles In an overflow, and (3) For a period of time that does not allow thawed partions of READY-TCLEAT FOOD to rise above ...(41 degrees Fahrenheit), or ...(45 dagrees Fahrenhelt) as specified under Paragraph 3-501.16(C), or (4) For a petied of tme that does not allow thawed portions of a raw animal FOOD requiring cooking as specified under Paragraph 3-401,11(A) or (B) to be above ...(41, deqraes Fahrenheit), or ...(45 degrees Fahrenheit) as specified under Paragraph 3-501.16(C), for more than 4 hours including: (a) The time the FOOD ts exposed to the running water and the time Headed for preparation for cooking, of (b) The time it takes under refrigeration to lower the FOOD temperature to ...(41 degress Fahrenheit), or ...(45, dagraes Fahrenhelt) as specified-under Paragraph 3-501.16(C); (C) As part of a cooking process if the FOOD that Is frozen |e: (1) Cooked a specified under Paragraph 3- 401.11(A} or (B) or Sectlon 3-401.12, or (2) Thawed in a microwave oven and inamedlately transferred to conventional cooking EQUIPMENT, with no Interruption In the proces or (D} Using any procedure if portion of frozen READY-TO-EAT FOOD Is thewed and prapared for itnmediate service in response to an Individual col RS order. 084-01 - Observed raw animal food stored over cooked food, RAW CHICKEN ABOVE RIBS. ‘ : REFERENCE TEXT: 3-302Z.11(A)(1) FC : (A) FOOD chalt be protected from cross contamination by: (1) Separating raw animal FOOPs 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 cther raw READY-TO-EAT FOOD such as vegetables, and (b) Cooked READY-TC-EAT FOOD; O8A-20 - Observed food stored on floor. IN DRY STORAGE. ___RFFFREWCE TEXT:.3-305.11 FC ; FOOD Storage. (A) Except as specified in Paragraphs (B) and (C) of this section, FOOD shail be protected from contamination by storing tha FOOD: (1) Ina clean, dry location; (2) Where TEE Tot exposed to splash, dust, or other contamination; anc{2)-At Fenst-—..(6-Inehes)-above.the floor. (B) FOOD In PACKAGES and working containers may ba stored less than ...(6 inches) above the fldor on case fot handling EQUIPMENT as specified under Section 4-204.122. (C} Pressurized BEVERAGE containers, casad FOOD In waterproof containars such as bottles or cans, and milk containers in plastle crates may be storad on a floor that is clean and not exposed to floor moisture. 10-03 - Observed in-use utensil not stored on a clean portion of food preperation or cooking equipment, BETWEEN PIECES OF EQUIPMENT; ICE SCOOP ON TOP OF ICEMACHINE. 124-12 - Observed food amployee touching reatly-to-eat food with their bare hands. No approved Alternative Qperating Procedure in place. BARTENDER AND GARNISHES AT BAR, REFERENCE TEXT: 61¢-4.0:10(1)(4) FAC : No bare hand contact of exposed ready-to-eat food. Food employees may contact ready-to-eat foods with thelr bare hands immediately prior ta service if the operator of the public food service establishment maintains a written operational procedure, 128-01, - Observed employee In a restricted area drinking from an open beverage contalner. REFERENCE TEXT: 2-40.11 FC : Bating, Drinking, or Using Tobacco, (A) Except as specified In Paragraph (B) of this section, an EMPLOYEE shall eat, drink, or use any form of tobacco only in designated araas where the contamination of expased FOOD; clean EQUIPMENT, UTENSILS, and LINENS; unwrapped SINGLE- SERVICE and SINGLE USE ARTICLES; of other items needing protection can not result. (B) A FOOD EMPLOYEE may drink from @ closed BEVERAGE contalner If the contalner Is handled to prevent contamination of: (1) The EMPLOYEE'S hands; {2} The: contalner; and (3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS: and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. 21-02 + Observad wet wiping cloth not stored In sanitizing solution between uses. ON LINE. 22-06 - Observed bulldup of slime-like substance in the interlor of ice machine. BY OFFICE. 31-12 - Observed handwash sink used for purposes other than handwashing. THAWING PHF'S. " REPERENCE TEXT: 5-205.11(6) FC: A handwashing lavatory may not be used for purposes other than handwaching. 1-14 - Observed handwash sink not accessible for employee use at all times. IN DISHRING. REFERENCE TEXT: 5-205.12(A) FC : A handwashing lavatory chalt be matnialned so that It is acceesthle at all times for EMPLOYEE use, 37-02 - Observed wall solled with accurnulated dust. THROUGH KIT. 37-02 - Observed calling soiled with accumulated dust. THROUGHOUT RIT. 37-02 - Observed attached equipment soiled with accumulated dust. AIR VENT IN ALLEY, DBPR Fott HR 5022-015 Aug 9 2005 16:06 89/69/2865 16:61 8584146749 DEPR OGA PAGE 14/14 — STATE OF FLORIDA a Page 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT SEAGO12523 weaew. myflorida.com/dbpr FOOD SERVICE INSP inspec oe Sl ECTION REPORT +42: TEA NoTiee 2/28/05 12:42:57 PM Failure to comply with this Notice may initiate an administrative compiaint that may result In suspension or revocation of your license atte] fines. 37-02 - Observed ceiling tile missing. IN DISHRING. 38-02 - Observed lights missing the proper shield, sleeve coatings or covers. ENDCAPS MISSING IN STOREROOM. REFERENCE TEXT: 6-202.11 FC ; Light Bulbs, Protective Shielding. (A) Except as specified in Paragraph (B) of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant In areas where there Is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. (B) Shielded, coated, or ctherwise shatter-resistant bulbs need not be used in areas used only for storing FOOD in unopened packages, ff (1) The Integrity of the packages can not be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs bafore the packages are opened. (C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. 415-02 - Observed unlabeled spray bottle. nCOOK LIE AN AT BAR. REFERENCE TEXT: 7-102.11 FC ; Common Name. Working containers used for storing POISONOLIS OR TOXIC MATERIALS such as cleaners and sanitizers taken from bulk suppiles shall be clearly and individually Identified with the common nerné of the material. 46-05 - Observed emergency lighting does not activate automatically. ON COOK LINE. 46-08 - Observed emergency lighting HMumination Insufficient. BURNT OUT BULB IN ALLEY. 46-11 - Observed exit Ilghts not properly Illuminated. 2 IN WEST BAR. 47-05 - Observed unused opening In pane} box unprotected. REFERENCE TEXT: NFPA 70, 110-12(a) ; Unused Openings - Unused openings In boxes or housings shall be effectively closed to afford protection substantlally equivalent to the wall of the equipment. 530-01 - Observed manager lacking proof of Fond Manager Certfication. This violation must be corrected by : 3/28/05, REFERENCE TEXT: 509.039 FS and 61C-4,023(1) FAC : All managers employed by @ food service establishment must have passed [the food setvica manager] test and received 4 certificate attesting thereto. Managers have a petiod of 90 days after amployment to pass the required test. All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food. protection practices a5 adopted in this chapter. Those managers who succedefully pass an approved certification examination shall be issued a certificate by the certifying organization, which Is valid for a parlod of five years from the date of Issuance. 53A-04 - Observer! no currently certified food service manager noted on duty with four or more employees engaged in food praparation. This violation must be corrected by : 3/28/05. REFERENCE TEXT; 610-4.023{1) FAC : When four or tore employees, at ane time, are angaged In the storage, preparation or serving of food in a licensed establishment, there shall be at least one certified food protection manager present at all times when said setivities are taking place. The certified food protection franager or managers nead not be present In the establishment during those periods of operation when there are three for fewer employees engaged In the storage, preparation, or serving of fonds. 536-07 - Observed employees who have not recelved training relating to their assigned. dutles. BARTENDER DESCRIBED GLASS WASHING AS: WASH /SANITIZE/RINSE. REFERENCE TEXT: 610-4.023(4)(b) FAC : Publle food service employees must racelve training which relates to their assigned duties, Employees who prepare foods must be knowledgeable about sate methods of thawing, cooking, cooling, handling, holding end storing foods. Service personnel must be knowledgeable about eafa methods af serving food. Employees whe clean equipment and facilities must be knowledgeable about proper cleaning and santitization methods. Employees responsible for malntaining the premises fnust be knowledgeable about proper vermin control mathods as specified In the Food Cede. 538-01 - Observed no proof of required employee training. This violation must be corrected by : 3/28/05. REFERENCE TEXT: 509.049 FS : Food service employee training, The division shall adopt, by rule, minimum food safety protection standards for the tralning of all food service employees who are responsible for the storage, preperation, display, of serving of foods to the public In establishments regulated under this chapter. These standards shall not include an examination, but shall provide for a food safety training certificate program for food sarvice etnployess to be administered .by a private nonprofit provider chosen by the division. Any food safety training prograrn established and administered ta food handler employees prior to the affective date of this act shall be submitted by the aperatar to the divisian for Its review and approval, It shall be the duty of the licenses of the public food service establiehment to provide training In accordance with the described rule to all employees under the licensee's suparvicion or control The licenses may designate a certified food service manager te perform this function as an agent of the flcense. Food service employees must receive certification pursuant ta this section by January 1, 2001. Food servica employees hired after November 1, 2000, must receive certification withln 60 days aftey amployment, Certificatian pursuant to this section shall remain valid for 3 years. DBPR Form HF, 5022-015

Docket for Case No: 05-002860