Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SALAD CHEF NO. 2
Judges: CLAUDE B. ARRINGTON
Agency: Department of Business and Professional Regulation
Locations: Pompano Beach, Florida
Filed: Oct. 12, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 14, 2005.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA =A
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUANH
DIVISION OF HOTELS AND RESTAURANTS 3270 2
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DEPARTMENT OF BUSINESS AND ov Zz
PROFESSIONAL REGULATION om
Petitioner, —— mu
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License No. 1620943
SALAD CHEF #2 License Type 2010 Permanent Food Service
Respondent Case No, 2004056118
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SALAD CHEF #2, ("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 1400 N E 23
STREET #C-10, POMPANO BEACH, FLORIDA 33060.The mailing address of record is SALAD CHEF
#2, at 1418 S POWERLINE RD, POMPANO BEACH, FLORIDA 33069.
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 November 16, 2004 Lom
Ua oe 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 5780 1908
| 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: 2004056118 Form revised 10/25/04
License Type: 2010 Permanent Food Service District Number: 02
License Number: 1620943 SALAD CHEF #2
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
I
CALL BACK/RE-INSPECTION REPORT page_| of |
EXHIBIT B
INTIAL HASHING DA TE H [EUNSPECTIONDATE |) | INSPECTION TIME | ie SIEENDE ONTROLAOMBER|
10 | 13. Ie | acaus|R |
[ES NREAS ON. WARNING OF NOTICE TO
Beem C1Complied Faretal be in eompanes You wil bo fenued a Notice to
[_]Pre-conference i 7
(C1Pre-hearing BaNot complied Cont of business with this notice at any Show Cause why sanctions
Clon Stipulation future inspection may should notbe assessed against
(10n Hearing Order (Time extended date. | resultin a direct Notice to your license. A hearing will be
Show Cause. held at a time and place to be
o Other: jaa
time; designated by the director.
Owner Name: ASakh. ret Drtew@acindd TRC, Business Name: SHA ae *S
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RECIPIENT'S NAME (PLEASE PRINT) _ INSPECTOR'S NAME (PLEASE PRINT)
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RECIPIENT’ SSIGNATUR
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EST ASLISHME:
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BPR 22-005 Revised 5/15/98
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Page 1of8
STATE OF FLORIDA
_. . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
FOOD SERVICE INSPECTION REPORT
LEGAL NOTICE
Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines.
10/42/04 11:09:51 AM Routine NOS1620943 NOST
inspection Date and Time inspection Reason License Number
SALAD CHEF INTERNATIONAL INC WARNING:
Owner Name Violations In the operation of your 8030
SALAD CHEF #2 establishment must be corrected by: Area Code/Telephane Number
Business Name Inspection Result
0 11/12/2004 08:00 AM 01-DEC-04
Number of Units | Callback Date/Time Ucense Expiration
1400 N E 23 STREET #C-10 POMPANO BEACH FL 33060
Address / City / State / Zip / etc.
ltem 03: Food Temperatures Item 53a: Cert, Food Managers [tem 20: Warewashing Sanitization | Nem 45: Fire Extinguishers and
Cheese, cook line cooler, 41 Degraes F,
Chicken, roasted-prepped, cook line cooler, 45
Degrees F,
‘Tuna salad- prappad, coak line cooler, 48
Degrees F.
Soups, potentially hazardous, hot holding, 150
Degrees F.
Sanhlzer Type: Chlorine faund at concentration
A Class ASC type Fire Extinguisher, found Infat
of not set up PPM,
kitchen has a certification date of 10/03
NOTE: Items marked above with an asterisk (*) Indicate a violation
Inspector's Comments
Inspector Torres cell 954 B02 6569, — Provided Web Site: www.hospltalltyeducation.org.
SUsHlHyY Z} 199 So
| acknowledge receipt of this Inspection form and comments.
LE a iggy PE Gar Cet Fe
10/12/04 11:33 AM
Date/Time Signature of Recipient Inspector Signature
Recipient: kariny silva For further information please contact:
Lary Toras
Title pic Sanitation and Safely Specialist S080 Cocunut Creek Parkway
Phone: 954 782 1070 Suite A Margate Florida 33063
STATUS
Yes
SOURCE
STATUS
Yes
*O1b Wholesome, sound condition Yes
Yes
*03c Foods properly cooked/reheated
“03d Foods properly cooled
02 Original container; properly labeled, date markin
STATUS PHF TEMPERATURE CONTROL Yes ‘04 Facilities to maintain product temperature
*03a Cold food at proper temperatures during storage, No {os Thermometers provided and conspicuously placed
display, service, transport, and cold holding Yes
PHF TEMPERATURE CONTROL
*03b Hot food at proper temperature
los Potentially hazardous foods properly thawed
Violations marked with an asterisk are critical violations. Items marked YES are in compliance. tems Marked NO are violations. Specific details of
violation are listed on subsequent pages. ltems marked N/A are Not Applicable, Items Marked as N/O are Not Observed, and were not being conducted
DBPR FORM HR 5022-014
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
Page 2 of 8
License Number
NOST
EXHIBIT B
FOOD SERVICE INSPECTION REPORT
Inspection Date
Nos1620943
LEGAL NOTICE
10/12/04 11:09:51 AM
Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines,
STATUS
PHF TEMPERATURE CONTROL STATUS
GARBAGE AND REFUSE DISPOSAL
07 Unwrapped or potentially hazardous food not re-served
*OBa Food protection during storage, preparation, display,
33 Containers covered, adequate number, insect and rodent!
proof, emptied at proper intervals, clean
service, transportation
*O8b Cross-contamination, equipment, personnel, storage
*O8c Potential for cross-contamination; storage practices;
damaged food segregated
34 Outside storage area clean, enclosure properly
constructed
INSECT AND RODENT CONTROL
"35a Presence of Insects/rodents. Animals prohibited
Yes
Yes 09 Foods handled with minimum contact
Yes 10 In use food dispensing utensils properly stored
STATUS PERSONNEL
Yes 11 Personnel with infections restricted
Yes
*412a Hands washed and clean, good hygienic practices
"35b Outer openings. protected from insects, rodent proof
FLOORS, WALLS, CEILINGS
36 Floors properly constructed, clean, drained, coved
37 Walls, cellings, and attached equipment, constructed,
clean
(observed), alternative operating plan
38 Lighting provided as required, Fixtures shielded
*12b Proper hygienic practices, eating/drinkIng/smoking
39 Rooms and equipment - vented as required
(evidence)
13 Clean clothes, hair restraints
FOOD EQUIPMENT AND UTENSILS
No
OTHER AREAS
40 Employee lockers provided and used, clean
"41a Toxic items properly stored
14 Food contact surfaces designed, constructed,
*41b Toxic Items labeled and used
maintained, installed, located
15 Non-food contact surfaces designed, constructed,
maintained, installed, located
16 Dishwashing facilities designed, constructed, operated [Yes 43 Complete separation from Iiving/slaeping area, laund
1. Wash 2. Rinse 3. Sanitize
17 Thermometers, gauges, test kits provided
Yes
18 Pre-flushed, scraped, soaked
42 Premises maintained, free of litter, unnecessary articles.
Cleaning and maintenance equipment properly stored,
Kitchen restricted to authorized personnel
44 Clean and soiled linen segregated and properly stored
"45 Fire extinguishers - proper and sufficient
19 Wash, rinse water clean, proper temperature
"46 Exiting system - adequate, good repair
“47 Electrical wiring - adequate, good repair
"48 Gas appliances - properly installed, maintained
Yes 21 Wiping cloths clean, used properly, stored Yes "49 Flammable/combustible materials - properly stored
Yes 22 Food contact surfaces of equipment and utensils clean GENERAL
No 23 Non-food contact surfaces clean Yes 50 Current license properly displayed
Yes 24 Storage/handling of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation 7
STATUS SINGLE SERVICE ARTICLES "52 False/misteading statements published or advertised
Yes 25 Service items properly stored, handled, dispensed relating to food/beverage
Yes 26 Single service articles not re-used 53a Food management cerification valid
STATUS
WATER AND SEWAGE/PLUMBING
"S3b Employee training validation
Yes
*27 Water source safe, hot and cold under pressure
54 Florida Clean Indoor Air Act
*28 Sewage and waste water disposed proper!
55 Automatic Gratuity Notice
29 Plumbing installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available
*30 Cross-connection, back siphonage, backflow STATUS GENERAL
STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program Information provided
Yes
58 Smoke Free
No *31 Toilet and handwashing facilities, number, convenient,
designed, installed
No 32 Restrooms with self-closing doors, fixtures operate
properly, factlity clean, supplied with handsoap, disposable
towels or hand drying devices, tissue, covered waste
Total Number of COS Violations:
0
it)
Total Number of Repeat Violations:
Violations marked with an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations. Specific details of
violation are listed on subsequent pages. Items marked N/A are Nat Applicable. Items Marked as N/O are Not Observed, and were not being conducted
STATE OF FLORIDA Page 3 of8
\T EPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number
EXHIB DIVISION OF HOTELS AND RESTAURANTS NOST NOS1620943
inspection Date
10/42/04 11:09:51 AM
FOOD SERVICE 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.
Warning(s):
534-03 - Observed no list of cenified food service managers available at the establishment. This violation must ba corrected by ; 11/12/04,
538-01 - Observed no proof of required employee training. This violation must be corrected by : 11/12/04,
Violation(s):
05-05 - Observed no stem type thermometer provided to measure lemperature of food product.
[
a
17-01 - Observed tack of use of chamical test kit when using chemical sanitizer at three compartment sink. Oo o
> 2
ps re
23-02 - Observed gaskets with slimy/mold-like build-up.in front prep cooler m= ot
pan —
23-01 - Observed build-up of food debris, dust or dint on nonfood-contact surface.inside frant prep cooler = 25 ioe)
ET pe
91-12 - Observed handwash sink used for purposes other than handwashing.washing blender In hand wash sink Gq > oO ae
= =
32-14 - Observed lack of handwashing cleanser at handwashing lavatory. a ~>
: my
42-03 - Observed bathroom doors left open other than during cleaning or maintenance.
9h
32-03 - Observed bathroom not enclosed with tight-fitting, self-closing doors,
46-05 - Observed emergency lighting does no! activate automatically when tested by 3 compartment sink
Docket for Case No: 05-003774