cd a eS STATE OF FLORIDA &> a DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIQN “, “ é) DIVISION OF HOTELS AND RESTAURANTS 0, y My, * Me Nay “4, DEPARTMENT OF BUSINESS AND Ys) PROFESSIONAL REGULATION - “aig age 0 Petitioner, es S- 2x0 ( O59 Nee vs. : , ; License No. 3913064 MARTY'S DELI License Type 2010 Permanent Food Service Respondent. Case No. 2005031964 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MARTY'S DELI, (*“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 5944 BENJAMIN RD., TAMPA, FLORIDA 33634.The mailing address of record is MARTY'S DELI, at 5944 BENJAMIN RD., TAMPA, FLORIDA 33634. 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 "BY, 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 June 15, 2005 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: | HEREBY CERTIFY that a true and correct copy of the foregoing AD 7UBD 3901 98648 F314 4yens PLAINT has been hand served by me on this day of . Received by: Inspector’s Signature Operator's Signature Title Title Form revised 05.20.05 District Number: 03 MARTY'S DELI Case Number: 2005031964 License Type: 2010 Permanent Food Service License Number: 3913064 Fe fy ee ww, License Number: 3913064 &> “eis 3 License Type: 2010 PERMANENT FOOD SERVICE dn, 4, Case Number: 2005031964 . : Ky Lys ty, cen Ms Oy Ug xhibit A Tings On “4 "EC" as cited herein references specific provisions of the Food Code, Recommendations of the Gi edtates 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 April 12, 2005 and May 25, 2005 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. 4.02-08 3-501.17(A)FC (A) EXCEPT AS SPECIFIED IN PARAGRAPH (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD REFRIGERATED FOR MORE THAN 24 HOURS IN A FOOD ESTABLISHMENT SHALL BE CLEARLY MARKED AT THE TIME OF PREPARATION TO INDICATE THE DATE BY WHICH THE FOOD SHALL BE CONSUMED WHICH IS, INCLUDING THE DAY OF PREPARATION: (1) 7 CALENDAR DAYS OR LESS FROM THE DAY THAT THE FOOD IS PREPARED, IF THE FOOD IS MAINTAINED AT ...(41 DEGREES FAHRENHEIT) OR LESS; OR (2) 4 CALENDAR DAYS OR LESS FROM THE DAY THE FOOD |S PREPARED, IF THE FOOD IS MAINTAINED AT ...(45 DEGREES FAHRENHEIT) OR LESS AS SPECIFIED UNDER PARAGRAPH 3-501.16(C). OBSERVED READY TO EAT, POTENTIALLY HAZARDOUS FOODS HELD OVER 24 HOURS WITH NO DATE MARKING. 2.21-02 3-304.14(B) FC CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (1) DRY AND USED FOR WIPING 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. OBERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. * 3.31-10 5-204.11 AND 6-401.10 FC +HANDWASHING FACILITY. CONVENIENTLY LOCATED. A HANDWASHING FACILITY SHALL BE LOCATED: (A) TO ALLOW CONVENIENT USE BY EMPLOYEES IN FOOD PREPARATION, FOOD DISPENSING, AND WAREWASHING AREAS; AND (B) IN, OR IMMEDIATELY ADJACENT TO, TOILET ROOMS. HAND SINK MISSING IN FOOD PREPARATION ROOM OR AREA. 4. 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 CEILING SOILED WITH ACCUMULATED DUST. * denotes critical violation Exhibit A Case Number: 2005031964 Page 1 License Type: 2010 PERMANENT FOOD SERVICE . License Number: 3913064 vo: EXHIB STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr 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 liceray=s-—cm and fines. 5/26/05 B:29:24 AM . Warning SEA3913064 _ SEAT Callback Inspection Date and Time Inspection Reason License Number ROBERT FERNANDEZ ADMINISTRATIVE COMPLAINT recommended.] 8138864766 Owner Name Area Code/Telephone Number MARTY'S DELI Business Name Tnspection Result 28 04/12/2005 Number of Units Requested Callback Date/Time Initial Warning Date 5944 BENJAMIN RD, TAMPA FL 33634 Address / City / State / Zip / etc, Comments Christina Kwak 5/11/05 NRFSP - [The following Item(s) have been recommended for Administrative Complaint: Violation: 02-08 Pbserved ready-to-eat, potentially hazardous food held more than 24 hours with no date marking. Niolation: 21-02 Observed wet wiping cloth not stored in sanitizing solution between uses. iolation: 31-10 5/26/05 Date Signature of Recipient Inspector Signature Recipient: Christina Kwak For further information please contact: m R. Decker, Senlor Inspector 3725 W. Grace St, Suite == Title mgr 520 Tampa, FL 33607 Phone: 8864766 850 487 1395 DBPR Form HR 5022-005 EXHIBIT B. Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS SEAT -SEA3S15064 www.myflorida.com/dbpr ~ Business Name MARTY'S DELI CALLBACK INSPECTION REPORT . Inspection Date LEGAL NOTICE : 5/26/05 8:29:24 AM Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines, i Pbserved missing hand sink in food preparation room or area. This violatlon must be corrected by : 5/12/05, 1 Violation: 37-02 Observed ceiling solled with accumulated dust. {The following item(s) are In compliance: Violation: 084-20 bserved food stored on floor. Ute 25-03 : Observed single service items stored on floor. Violation; 32-17 iolation: 45-17 Violation: 534-01 ee uncovered receptacle In women's bathroom. {Observed haod suppresston system tag out-of-date, Last tag date Is 4/04 This violation must be corrected by : 5/12/05, . Observed manager lacking proof of Food Manager Certification, : DBPR Form HR 5022-005 4/12/05 10:19:23 AM Inspection Date and Time STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.myflorida,com/dbpr FOOD SERVICE INSPECTION REPORT ‘LEGAL NOTICE Fallure to comply with thls Natice may Initlate an administrative camplaint that may result in suspension or revocation of your IIcense and fines. Routine 3913064 Page 1 SEAT. Inspection Reason License Number ROBERT FERNANDEZ WARNING: Owner Name Violations In the operation of your 8138864766 MARTY'S DELI . Area Code/Telephone Number Business Name (nspaction Result 28 05/12/2005 08:00 AM 20106 Number of Units Callback Date/Time License Expiration 5944 BENJAMIN RD. Address / City / State / Zip / etc. TAMPA FL 33634 item 03: Food Temperatures Item 53a; Cert. Food Managers Item 20; Warewashing Sanitization Item 45: Fire Extinguishers and Snusage, reach in cooler, 39 Cagraes F. Soups, potentially hazardous, hat holding, 167 Degrees F. Ham, reach In cooler, 36 Degrees F, — Sanitizer Type: Chlorine faund al concentration of 0 PPM, “A Hood Suppression type Fire Extinguisher, found Invat kitchan hes @ certification data of 404 A Class K type Fira Extinguisher, faund inl lichen has a ceriificallon date of 5/04 EXHIBIT B Roas! beef, reach in cooler, 36 Degrees F. NOTE: Items marked above with an asterisk (") indicate a violation Inspector's Comments. Water Source: Municipal/Utility. Sewage: Municipality. ,hospitalllyeducation.org, Employees trained by Florida Restaurant Association ‘A Class ABIC type Fire Exlinguistier, foundinfat dining room has 8 certification date of 5/04 Provided Web Site: | acknowledge receipt of thls Inspection form and comments, Kin atd LAL” 4/12/05 Date Recipient, oon For further gar Saree Rich Decker, Saniar Inspector 3725 W. Grace SL Suile 520 Tampa, FL Title worker 33607 Phone: B86 4766 50 487 1395 STATUS SOURCE STATUS Le PHF TEMPERATURE CONTROL Yes “Oia Approved source Yes *03b Hat food at proper temperature Yes *Otb Wholesome, sound condition Yes *03c Foods properly cooked/reheated No 02 Original container; properly labeled, date marking “Yes *0d 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 Violations marked with an asterisk are critical violations. ttems marked YES are In compltance, Items Marked NO are violations, Specific detalls of violation are listed an subsequent pages. Items marked N/A are Not Applicable. tems Marked as N/O are Not Observed, and were net being conducted at the time of inspection. DBR Form HR 5022-015 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT . LEGAL NOTICE . Failure to camply with this Notice may initiate an administrative complaint that may result In suspension or revocation of your license and fines, Pagi License Number SEAT 3913064 Inspection Date 4/12/05 10:19:23 AM 45 Non-food contact surfaces designed, constructed, maintained, installed, located 16 Dishwashing facllities designed, constructed, operated 1.Wash 2, Rinse 3. Sanitize 717 Thermometers, gauges, test kits provided STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL Yes "07 Unwrapped or potentially hazardous food not re-served lves 33 Containers covered, adequate number, insect and mdent| No "08a Food protection during storage, preparation, display, proof, emptied at proper intervals, clean L_ _jservice, transportation , Yes 34 Outside storage area clean, enclosure properly Yes O8b Cross-contamination, equipment, personnel, storage _Ponstructed ; Yes "08c Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL damaged food segregated Yes 35a Presence of insects/rodents. Animals prohibited Yes *09 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 Yes 36 Floors properly constructed, clean, drained, coved Yes "44 Personnel with Infections restricted No 37 Walls, cellings, and attached equipment, constructed, Yes *12a Hands washed and clean, good hyglenlc practices clean iZ (observed), alternative operating plan Yes 38 Lighting provided as required, Fixtures. shielded Yes *12b Proper hyglenic practicas, eating/drinking/smoking Yes ‘139 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 Yes 14 Food contact surfaces designed, constructed, Yes 41b Toxic Items labeled and used properly maintained, installed, located Yes 42 Premises malntained, free of litter; unnecessary ariicles. Cleaning and maintenance equipment properly stored. Kitchen restricted to authorized personnel 44 Clean and solled linen segregated and properly stored *45 Fire extinguishers - proper and sufficient facility clean, supplied with handsoap, disposable towels or hand drying devices, tlssue, covered wasle receptacles Yes 18 Pre-flushed, scraped, soaked Yes 19 Wash, rinse water clean, proper temperature Yes "46 Exiting system - adequate, good repair Yes *20a Sanitizing concentration Yes "47 Electrical wiring - adequate, good repalr_ Yes [206 Sanitizing temperature __|Yes "48 Gas appliances - properly Installed, malntalned No 21 Wiping cloths clean, used properly, stored Yes "49 Flammable/combustible materials - properly stored Yes 22 Food contact surfaces of equipment and utensils clean [ as GENERAL ves 23 Non-food contact surfaces clean Yes "50 Current license properly clisplayed es 24 Storage/handiing of clean equipment, utensils Yes Bt Other conditions sanitary and safe operation STATUS _| SINGLE SERVICE ARTICLES Yes 52 False/misleading statements published or advertised No 25 Service items properly stored, handled, dispensed a relating to food/beverage Yes 26 Single service articles not re-used No “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 _[5a Florida Clean Indoor Air Act , [ve *28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice yes 29 Plumbing installed and maintained hres 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 No *31 Tollet and handwashing factlltles, number, convenient, [Yes 58 Smoke Free designed, Installed — No 32 Restrooms with self-closing doors, fixlures operate properly, Total Number of COS Violations: 0 Total Number of Repeat Violations: 0 Violations marked with an asterisk are critical violations. ems marked YES are in compliance. Hems Marked NO are violations. Specific details of viotation are listed on subsequent pages. Items marked N/A are Nat Appticabl DBPR Form HR 5022-015 le. tems Marked as N/O are Not Observed, and were nol being conducted at the time of inspection. _, EXHIBIT B EXHIBIT B STATE OF FLORIDA Page 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Inspection Date 4/2105 10:19:23 AM License Number SEAT 39143064 FOOD SERVICE INSPECTION REPORT LEGAL NOTICE , Failure to comply with this Notice may Inltlate an administrative complalnt that may result In suspension or revocation of your ilcense and fines. Warning(s): 02-08 - Observed ready-to-eat, polentially hazardous food held more than 24 hours with no dale marking. OBA-20 - Observed food stored on floor. 21-02 - Observed wet wiping cloth not stored In sanitizing solullon between uses. 25-03 - Observed single service items stored on floor. 31-10 - Observed missing hand sink In food preparation room or area, This violation must be corrected by : 5/12/05, 32-17 - Observed uncovered receptacle In women's bathroom. 37-02 - Observed ceiling solled with accumulated dust. 45-17 - Observed hood suppression system tag aut-of-dale. Last tag dale fs 4/04 This violation must be corrected by : 5/12/05. 53A-01 - Observed manager lacking proof of Food Manager Cerlificatlon. DBPR Form HR 5022-015

Docket for Case No: 05-003801