STATE OF FLORIDA Qs: &> DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION aA DIVISION OF HOTELS AND RESTAURANTS his, “Ny B AOL fou DEPARTMENT OF BUSINESS AND vy ff EMS PAO is PROFESSIONAL REGULATION fe 5 ~398 | P L 4 yifeg Se Petitioner, Roy Vs. License No. 6012378 FRIENDLY GREEK dent License Type 2010 Permanent Food Service spon h Case No. 2005034286 —_— ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS A\ RESTAURANTS, ("Petitioner") ("Respondent"), and says: 1. ND PROF} 2. Division of Hotels and Restaurants. The res LANTANA, FLORIDA 33462,The mailing ad LANTANA, FLORIDA 33462, .. Inspection of this establishment conducted p of the provisions of Chapter 509, Florida Sta operation of the establishment. The violation attached hereto and incorporated herein b incorporated herein by reference, WHEREFORE, Petitioner respectful penalties: ‘administrative fine not to excee expense at an educational program spons suspension, revocation, or refusal of a lice authorized by Chapter 509, Florida Statut Signed July 05, 2005 d $1,0 ored b COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUM. | HEREBY CERTIFY that a true and co hand served by me on this BER day of . files this Administrative Complain Petitioner is the state agency charged with re public food service establishments, pursuant Respondents, and has been at all times ma y requests entry of an Order imposing one or more of the fo nse issued pursuan es, or the rules, rrect copy of the fore: ESSIONAL REGULATION, DIVISION OF HOTELS AND t against FRIENDLY GREEK, gulating the operation of public lodging establishments and to Section 20.165 and Chapter 509, Florida Statutes. terial hereto, licensed by or subject to the jurisdjction of the Pondent's business address of record is 610 S DIXIE HWY, dress Of record is FRIENDLY GREEK, at 610 S/DIXIE HWY, ursuant to Sec. 509,032 tutes, and /o (s) found an . Florida Statutes, revealed violations r the rules promulgated thereto governing d applicable law are described in Ekhibit "A, Y reference. Inspection documents are attached as Exhibit "8", lowing ry attendance at Respondent's s Hospitality Education Program; to this Chapter, and/or any other felief ee thereto, 00 per offense; mandato y the Department’ We iL. tC; ‘Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation : 7003 3110 0000 6816 0114 going ADMINISTRATIVE COMPLAINT has been , 2005, ; Inspector's Signature Title Case Number: 2005034286 License Type: 2010 Permanent Food Service License Number: 6012378 Received by: Operator's Signature Title i Form revised 05.20. District Number: 02 FRIENDLY GREEK 05 License Number: 6012378 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005034286 Exhibit A i “FC" as cited herein references Specific provisions of the Food Cade, Recommendations of the Wnited States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references Specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1 -004(5), Florida Administrative Code, itis alleged that on May 16, 2005 and June 17, 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 (FAG), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1,21-02 3-304.14(B) FC +=CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (1) D USED FOR WIPING FOOD SPILLS FROM TABLEWARE AND CARRY-OUT CONTAINERS; O Y AND (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.1 1(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. 2.22-02 4-801.11(A) FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE H. CLEAN TO SIGHT AND TOUG OBSERVED ENCRUSTED, SOILED MATERIAL ON SLICER, * 3.31-12 5-205.11(B) FG A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HANDWASH SINK USED FOR PURPOSES OTHER THAN HANDWASHING. 4. 36-13 6-201.13FC FLOOR AND WALL JUNCTURES, COVED, AND ENCLOSED OR SEALED, (A) IN FOOD ESTABLISHMENTS IN WHICH CLEANING METHODS OTHER THAN WATER FED ANING ARE i USED FOR CLEANING FLOORS, THE FLOOR AND WALL JUNCTURES SHALL BE COVED TO NO LARGER THAN 1 MILLIMETER (ONE THIRTY-SECOND INCH). (B) THE FLOORS IN ND CLOSED OOD ESTABLISHMENTS IN WHICH WATER FLUSH CLEANING METHODS ARE USED SHALL BE| PROVIDED WITH DRAINS AND BE GRADED TO DRAIN, AND THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND SEALED. OBSERVED FLOOR AND WALL JUNCTURES NOT COVERED (DAMAGED AROUND SINK) 5. 37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHM FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, OBSERVED HOLE IN WALL. ENTS AND * 6.53A-02 61C-4.023(1)FAC EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF O OBSERVED NO CERTIFIED FOOD MANAGER FOR ESTABLISHMENT. * denotes critical violation Exhibit A Case Number: 2005034286 Page 1 License Type: 2010 PERMANENT FOOD SERVICE . License Number: 6012378 PERATION, . Page 1 ie a EXH | RB IT RB STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION S DIVISION OF HOTELS AND RESTAURANTS oT www. myflorida.com/dbpr a8 CALLBACK INSPECTION REPORT ob” LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your licens and fines, | 6/17/05 10:12:09 AM Waming SEA6012378 SEAT Callback Inspection Date and Time Inspection Reasan License Number FRIENDLY GREEK INC ADMINISTRATIVE COMPLAINT recommended. 5405414 Owner Name Area Code/Telephone Number FRIENDLY GREEK Business Name Inspection Result 45 05/16/2005 Number of Units Requested Callback Date/Time Initial Warning Date 00610 S DIXIE HWY LANTANA FL 33462 i Address 7 City / State / zip / etc. Comments | i fdministrative complaint requexted for failure to comply { i | {The following Item(s) have been recommended for Administrative Complaint: Violation: 21-02 Observed wet wiping cloth not stored In sanitizing solution between uses. Violation: 22-02 ! observed encrusted, soiled material on slicer. Wiolation: 31-12 ne 6/17/05 ‘ - i Date Signature of Recipient Inspector, Signature Recipient: christakis peter For further information please contact Title owner Phone: DBPR Form HR 5022-005 EXH | R IT STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - / License Number DIVISION OF HOTELS AND RESTAURANTS ; SEAT SEAB0123; www. myflorida.com/dbpr ; Business Name FRIENDLY GREEK CALLBACK INSPECTION REPORT ! 5 LEGAL NOTICE ; Inspection Date i 6/17/05 10:12:09 At Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your licens ‘ and fines. bserved handwash sink used for purposes other than handwashing, iolation: 36-13 bserved floor and wall junctures not coved. DAMAGED AROUND SINK lolation: 37-02 Observed hole In wall. folation: 53A-02 bserved no Certified Food Manager for establishment. EXPIRED LEFT INFO This violation must be corrected by : 6/16/05. |The following item(s) are in compliance: iS fe] Milation: 08A-20 = = = Observed food stored on floor. DRY STORAGE > 7 wn fas) Miolation: 22-02 Eas b , cy bserved buildup of solled material on racks In the reach-in cooler. nA iplation: 32-14 pes’ lack of handwashing cleanser at handwashing lavatory, iolation: 37-02 pores hole in ceiling. VENT NEEDS SCREENI! DBPR Form HR 5022-005 Failure ta comply with this Notice may initiate an administrative 5/16/05 9:03:22 AM EXHIBIT BEPARTMENT OF BUS STATE OF FLORIDA INESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myfiorida.cam/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Routine Inspection Date and Time FRIENDLY GREEK INC Page 1 i complaint that may result In suspension or revocation of your license and fines, : SEA601237B SEAT inspection Reason WARNING: License Number Owner Name Violations in the operation of your 5400414 7 FRIENDLY GREEK establishment bi Area Code/Telephone Number Business Name Inspection Result ! 45 06/16/2005 14:00 AM 01-DEC-05 Number of Units 00610 S_ DIXIE HWY Callback Date/Time LANTANA FL 33462 License Expiration Address / City,’ Stale / Zip / etc. Pitem 03: Food Temperatures lem 53a: ‘Cert. Food Managers Item 20; Warewashing Sanitization Item 45: Fire Extinguishers and ham, repch in cooler, 19 Degraes F, ORaund beef, reach in caoler, 39 Degrees F, dressings, reach in cooler, 29 Dagrees F. soup, hol holding, 145 Degreas F, Qravy, hot holding, 150 Dagrees F. “Manager Name: panagiolls chrisiakid Conification Date: 2000-2008 5/03 Certified by: The Florida Restaurant Association Sanitizer Type: Chlorine found at concentration of 50 PPM, ol Fire Si ppres ins ' JA Class BC type Fire;Exlinguishes, foundinfat kitchen has o centifention date of $704 A Hood Suppression type Fire Extinguisher, found infat kitchan nals a centification date ot 11/04 i . A Ctoss ABC type Fire Extinguisher, found infat dining room has @ cenificalian data ol 5/04 A Class ABS type. Firp Extinguisher, found infor dining room has a cemication date of 5/04 “ore uf NOTE: Items marked above with an asterisk (*) indicate a violation Inspector's Comments acknowledge receipt of this Inspection form and comments. Proje Sha jo 5/16/05 Date Signature of Recipient . Inspector Signature Recipient: For further information Please contact: Title cook ; Phone: STATUS | SOURCE _ STATUS { PHF TEMPERATURE CONTROL Yes “01a Approved source Yes “036 Hot food at proper temperature im Yes "Ob Wholesome, sound condition Yes “03c Foods properly cauked/reheated | Yes 02 Original container: properly tabeled, date marking _ {Yes “03d Foods properly cooled | STATUS PHF TEMPERATURE CONTI ROL Yes *Od Facilities to maintain product température Yes “03a Cold food at proper temperatures during storage, Yes 705 Thermometers provided and conspicuously placed L display, service, transport, and cold holding Yes “06 Potentially hazardous foods propeily thawed Violations marked with an astersk are critical viotations, Nems marked YES are in compliance, ttams Marked NO are vialatt ons. Specific detalis of violation are listed on subsequent pages. Items marked N/A are Not Applicable. ftems Marked as N/O are Not Observed, and were fat being con: ducted at the time of inspection. OBPR Form HR 5022-015 Failure to comply with this Notice may inltate an administrative STATE OF FLORIDA BIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myftorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE | Page 2 License Nuinber SEAT; SEA6012378 i Inspection Date 5/16/05 9:03:22 AM complaint that may result in suspension or revocation of your license and fines, STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL _| Yes _{'07 Unwrapped or potentially hazardous food not re-served |Yes 33 Containers covereci, adequate number, insect and rodent No "08a Food protection during storage, preparation, display, proof, emptied at proper intervals, clean _| 1 service, transportation Yes 34 Outside storage area clean, enclostire properly Yes "08b Cross-contamination, equipment, personnel, Storage | constructed Yes "O8c Potential for cross-contamination; storage Practices; L 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 ingects, fodent proof Yes 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS _| PERSONNEL No 36 Floors properly constructed, clean, drained, coved | Yes "11 Personne! with infections restricted No 37 Walls, ceilings, and attached equipment, constructed, Yes "12a Hands washed and clean, good hygienic Practices clean . | (observed), altemative operating plan _lYes 38 Lighting provided as required. Fixtules shielded | Yes ~fF26 Proper hygienic practices, eating/drinking/smoking Yes 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 | Yes 14 Food contact surfaces designed, constructed, Yes "41b Toxic Items labeled and used property maintained, installed, located Yes 42 Premises maintained, free of litter, innecessary articles, Yes 15 Non-food contact surfaces designed, constructed, | Cleaning and maintenance equipment properly storad, mainiained, installed, localed ’ fkitchen restricted to authorized personnal Yes “16 Dishwashing facilities designed, constructed, operated lYes das Completa oe paration from tiving/sledping area, laund 1.Wash 2, Rinse 3. Sanitize : Yes 44 Clean and soiled linen segregated ahd properly stored Yes "17 Thermometers, gauges, test kits provided SAFETY Yes 18 Pre-flushed, scraped, soaked Yes "45 Fire extinguishers - proper and sufilcient Yes 19 Wash, finse water clean, proper temperature Yes “46 Exiting system - adequate, good repair Yes "20a Sanitizing concentration Yes "47 Electrical wiring - adequate, good répair {Yes "20b Sanitizing temperature Yes \°48 Gas appllances = 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 Yes 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 STATUS SINGLE SERVICE ARTICLES Yes 52 False/misteading statements published Or advertised Yes 25 Service items properly stored, handled, dispensed i Felating to food/beverage. a Yes 26 Single service articles not re-used No "53a Food management cerlification valid STATUS WATER AND SEWAGE/PLUMBING Yes *"53b Employee training validation Yes BES Water source safe, hot and cold uncer pressure {ves ~_Is4 Florida Clean Indoor Air Act {Yes °28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice Yes 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 Infornjation Provided No °31 Tollet and handwashing facilities, number, convenient, |Yes 58 Smoke Free I designed, installed f No 32 Restooms wilh self-closing doors, fixtures Operate property, facility clean, supptied with handsaap, disposable towels or hand Total Number of COS Violations: 0, drying devices, tissue, covered waste receptacles Total Number of Repeat Viotations: a Violations marked with an asterisk are critical violations, lems ubsequent pages. llems marked N/A ate Not Applicable. Item: DBPR Form HR 5022-015 marked YES are in compliance. lems Marked NO are violations. Specific details of violation are listed on Is Marked as N/O are Not Observed, and were nol being conducied at the time of inspectipn, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myfiorida.com/dbpr Page 3 License Number SEAT! SEA6012378 inspection Bate 5/16/D5 9:03:22 AM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint that may result in sus) Warning(s): 53A-02 - Observed no Certified Food Manager far establishment. EXPIRED LEFT INFO This violation must be corrected by : 6/16/05, Viplation(s): 084-20 - Observed food stored on floor.DRY STORAGE 21-02 - Observed wet wiping cloth not stored in sanitizing solution between uses, REFERENCE TEXT: 3-304,14(B) FC : {2) Wet and cleaned as Specified undet Cloths used for wiping FOOD spills shall be; (1) Dry and used far wi from FOOD-CONTACT and nenFOOD. f Paragraph 4-802,1 1{D), stored In a chemical sanitizer al a concent 22-02 - Observed buildup of solled material an racks in the reach-in cooler, REFERENCE TEXT: 4-601.11(A) FC : EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean ta sight and touch, 22-02 - Observed encrusted, sofled material on slicer, REFERENCE TEXT: 4-601.11{A) FC : EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. 31-12 - Observed handwash sink used for purposes other than handwashing, REFERENCE TEXT: §-205.11(B) FC: A handwashing lavatary may nol be used for purposes other than handwashing. 32-14 - Observed lack of handwashing cleanser at handwashing lavatory. REFERENCE TEXT: 6-301.11 FC: Handi washing Cleanser, Availability, Cleaning fiquid, powder, or bar soap. Each handwashing lavatory of group of 2 adjacent lavatories shall be Provicl 36-13 - Observed floor and wall Junctures not coved, DAMAGED AROUND: SINK 47-02 - Observed hate in wall, REFERENCE TEXT: §1C-1.004(6} FAC ; AN bullding structural Camponents, attachments and fixtures shall be kept in good repalr, Clean and free of off 37-02 - Observed hole in celling, VENT NEEDS SCREENII iping FOOD spills trom TABLEWARE and carry-out containers; ar tration specitiad in Section 4-501.114, and CONTACT SURFACES of EQUIPMENT. Pension or revocation of your license and fines. Ised for wiping spills led with a supply of hand stiuctions. SB, bom 2=zS a eae FAP Pp r S46 f£ ft Q |} % oan pO mn OBPR Form HR 5022-0145

Docket for Case No: 05-003951