Nov 1 2005 15:13 11/01/2085 15:89 8584146749 DEPR OGA PAGE 44/87 STATE OF FLORIDA | DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION O5-Ub 2A Petitioner, Vs. . License No, 6900879 VICTORIO'S Licerise Type 2010 Permanent Food Service Respondent. Casa No. 2005036191 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS. (“Petitioner’s, files this Administrative Complaint against VICTORIO'S 1, ("Respondent"), and says; 4. Petitioner is the state agency changed with regulating the operation of public lodging establishrnents and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent ls, ard hes been at all times materiat-hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The raspondent’s business address of record is 200 E HWY 434, WINTER SPGS, FLORIDA 327082604, The mailing addrasa of record is VICTORIO'S {|, at 200 E HWY 434, WINTER SPGS, FLORIDA 327082504, 3. Inspection of this establishment conducted pursuant to Sec, 609,032, Florida Statutes, revealed violations of the provisions of Chapter S09, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violatian(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 referarice. 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, mandatary attendance at Respondent's expense at an educatlonal program sponsored by the Department's Hospitality Education Program: suspension, revocation, or refuset of 2 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 609, Florida Statutes, of the rules promulgated thereto, Signed July 28, 2005 . ee” Valerie Freeman, 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 Attarney Florida Bar No, 0153837 Depertment of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 GERTIFIGATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foragoing ADMINISTRATIVE COMPLAINT has been hand served hy me on this day of , 20065, Received by: inspector's Signature Operator's Signature Title . Title Gase Number, 2005038181 Form revised 07.01.05 District Number: 04 License Type: 2010 Permanent Food Service Uconse Number: 6900878 VIGTORIO'S II Nov 14 2005 15:14 11/81/2885 15:89 8584146749 DEPR OGA PAGE 85/87 License Number: 89008679 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005036191 Exhibit A "FC" as cltad herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, “NEPA” as cited herein referances 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 61G-1,004(5), Florida Administrative Cade. It is alleged that on April 13, 2005 and Way 20, 2005 the licensee was In violation of Florida Statute 509(FS) andior the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), In the following particulars. Copy(s) of the reports) for the above referenced Inspectian(s} aré attached hereto and incorporated by reference as Exhibit B, 1,02-08 3-S04.17(A) FO (A}EXGEPT 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 GLEARLY MARKED AT THE TIME OF PREPARATION TO INDICATE THE DATE BY WHICH THE FOOD SHALL BE CONSUMED WHICH IS, INCLUDING-FHE DAY OF PREPARATION: (1) 7 CALENDAR DAYS OR LESS FROM THE DAY THAT THE FOOD {S PREPARED, IF THE FOOD IS MAINTAINED AT ...(41 DEGREES FAHRENHEIT) OR LESS; OR (2) 4 CALENDAR DAYS OR LESS FROM THE DAY THE FOOD IS PREPARED, If THE FOOD 1S MAINTAINED AT ,..(45 DEGREES FAHRENHEIT) OR LESS AS SPECIFIED UNDER PARAGRAPH 3-601,16(C). READY TO EAT FOOD WAS HELD MORE THAN 24 HOURS WITH NO DATE MARKING DELI MEATS ANDO CHEESE. . * 205-04 4-204,112FC (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT, (B) EXCEPT AS SPECIFIED IN PARAGRAPH {C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOGATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE, ° THERE WAS NO CONSPIGULOUSLY LOCATED THERMOMETER IN THE COOK LINE TWO-DOOR COOLER, 9..22-02 4-807.11(A) FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH, THE INTERIOR OF THE MICROWAVE WAS SOILED. 4.29-05 §205.15FG SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED, IN GOOD REPAIR, THE PLUWIBING IN DISREPAIR. THE HANDSINK BY THE COOK LINE WAS NOT DRAINING PROPERLY. * denotes critical violation Exhibit A Case Number: 2005036191 Page 1 License Type; 2010 PERMANENT FOOD SERVICE Lltense Number, 6800879 Nov 12005 15:14 11/01/2065 15:89 8544146749 DEPR OGA PAGE 96/87 + §,30-04 6-203.14FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBB IFA HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION $-202,13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVIGE AS SPECIFIED UNDER SECTION 5-202.14, THERE WAS A VACUUM BREAKER MISSING AT THE HOSE BIBS OUTSIDE THE BACK DOOR, 6, 32-02 6-301.14 FO AND 61C-1.004(2)(C) FAC HANDWASHING SIGNAGE, A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES. A) THERE WAS NO HANDWASHING SIGN AT A HANDSINK USED SY FOOD EMPLOYEE'S IN THE COOK'S AREA. B} THERE WAS A LACK OF PROPER HAND DRYING PROVISIONS AT THE HANDWASH SINK IN THE GOOK'S AREA. , 7.32-09 6-301.12FC HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING DEVICE, 8.37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL SE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, THERE WAS A HOLE IN THE WALL OF THE LEFT COMMODE IN THE LADIE'S ROOM, * §, 46-03 NFPA 101, 7.10.1.1AND 5-101 MEANS OF EGRESS SHALL BE CONTINUOUSLY MAINTAINED FREE OF ALL OBSTRUCTIONS OR IMPEDIMENTS TO FULL INSTANT USE IN THE CASE OF FIRE OR OTHER EMERGENCY, MEANS OF EGRESS SHALL BE MARKED IN ACCORDANCE WITH SECTION 7-10 WHERE REQUIRED IN GHAPTERS 11 THROUGH 42. THERE WERE OBSTRUCTED EXITS, STAIRS, HALLWAYS OR EGRESS. THE SIDE FIRE EXIT WAS SLIDE BOLTED CLOSED. + 40.47-08 ‘NFFA 70, 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. THERE WERE UNUSED OPENINGS (N THE PANEL BOX THAT WERE UNPROTECTED IN THE LEFT BREAKER PANEL IN THE HOT WATER HEATER STORAGE ROOM. 44.51-04 509,213(1) FS EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHICH ILLUSTRATES AND DESCRIBES THE HEIMLIGH MANEUVER PROCEDURE FOR RENDERING EMERGENCY FIRST AID TO A CHOKING VICTIM IN A CONSPICUOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES. THERE WAS NO HEIMLICH MANEUVER SIGN POSTED. * denotes critical violation Exhibit A Case Number: 2005036191 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6960879 Nov 1 2005 15:14 11/81/2085 15:69 8584146749 DEPR OGA PAGE 07/87 » 12.538-01 508,049FS FOOD SERVICE EMPLOYEE TRAINING, THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR 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 CERTIFIGATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE OUTY OF THE LICENSEE OF ‘THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL, THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LIGENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001, FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS. AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALIO FOR 3 YEARS, THERE WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING. Exhibit A * denotes critical violation Page 3 Cage Number. 2006036181 License Type: 20/0 PERMANENT FOOD SERVICE License Number: 6300879

Docket for Case No: 05-004038