TRU oe ee ee es 5 Oe TUETAUG LE POOF 227497%,. .9 SAG /No. BRS1ES24dT P- 05 STATE OF FLORIDA Noy ~?7 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Q DIVISION OF HOTELS AND RESTAURANTS Ag} IVigy y DEPARTMENT OF BUSINESS AND —_ HMISTE PROFESSIONAL REGULATION S - Youle CAR Alp Patitioner, AGS . vs. , NY PIZZA & PASTA & CLUBHOUSE License No. 2102446 License Type 2010 Permanent Food Service Case No, 2005032780 ADMINIST! COMPLAINT Tha DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitions), flles this Administrative Comptaint against NY PIZZA & PASTA & CLUBHOUSE, ("Respondant’), and saya: 1, Patitioner Is the state agency charged with regulating the operation of public lodging establishments and Respondent, f 2, Respondent is, and has been at all times material hereto, ficansed by or subject to the jurisdiction of the 3. Inspection of this establishment conducted pursuant to Sac. 509.032, Florida Statutes, ravealed 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 appllcable law are described in Exhibit "A," attached harato and incorporated herein by reference. Inspection dacuments are attached as Exhibit °B”, WHEREFORE, Petitionar taspacttully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed 31,000 per offensa; mandatary attendance at Respondent's §xpense at an educational program sponsored by the Deparimant'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 20, 2005 7 Lat Gary Tillman, District Manager By delegation of the Diractor, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 01634831 Department of Business & Professional Regulation ‘ 1940 North Monrce Street Tallahasgeo, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER; 7180 3901 9848 57813611 | HEREBY CERTIFY that a trye and correc Copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005, 4 Recelved by: ee f . , - ator's Signature : Title 4 Title Caso Number: 2005032730 Fortin rewsee 05.20.05 License Type; 2010 Parmanent Food Service Oistrict Number: 07 Ulcenge Number: 2102446 NY PIZZA & PASTAB CLUBHOUSE 5 é License Number: 2102446 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005032780 Exhibit A “FC" as cited 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. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions’, Florida Administrative Cade, and 61C-1.004(5), Florida Administrative Code. It is alleged that on MAY 11, 2005 AND JUNE 14. 2005 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hatels and Restaurants, Florida Administrative Code {FAC}, in the following particulars. Capy(s) of the report(s) for the abave referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1.45-14 NFPA 10, 1-6.10 FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 LB. ...SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 5 FT »- ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB. .. (EXCEPT WHEELED TYPES) SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 31/2 FT ...ABOVE THE FLOOR. IN NO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 IN. .... PORTABLE FIRE EXTINGUISHER NOT MOUNTED BETWEEN 4” AND 5°. STORED ON TOP OF FIRST AID KIT, * 2. 538-01 509.049FS 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 CERTIFICATE 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 DUTY 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 LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 4, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AETER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE FOOD SAFETY TRAINING. * denotes critical violation Exhibit A Case Number: 2005032780 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 2102446 4 Lr & : STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wee myflarida convdbpr EXHIBIT B 7 [D- CALLBACK INSPECTION REPORT Ane VIS fo: 12: / 7 LEGAL NOTICE Ps. MiNi 7; ii OF Failure to comply with this Notice may initiale an administrative complaint thal may result in suspension or revocauld i fei B { 6/14/05 10:14:47 AM Warning SEA2102446 BETS 3 Callback Inspection Date and Time inspection Reason License Number NEW YORK PIZZA And PASTA INC ADMINISTRATIVE COMPLAINT 5131212 Owner Name recommended, Area Code/Telaphone Number NY PIZZA And PASTA! And CLUB HOUSE Business Name Inspection Result 82 05/11/2005 Number of Unis 11140 N TAMIAMI TRL Address / City / State / Zip / etc, Requested Callback Date/Time Initial Warning Date NAPLES FL 34110 Comments No manager or CFM on duty, Chet ar bartender had no information on employee training. a [The following item(s) have bees recommended for Admintsirativa Complaint: i Ase bserved ponable extinguisher not properly mounted al least 4 inches cif Ine floor and the top no higher than 5 feet aff the floor, stored on top of first aid kit. This violation Joust be corrected by : 6/11/05. Viotation: 538-07 Dbserved no proof of required employee training. This volation must be corrected oy : 6/11/05, EXPLAINED INFO NEEDED FOR PROG OF EMPLOYEE TRAINING. ae Wee le 6714/05 Dare Signature of Recipient Inspector Signature Recipient: Javier Rivera ; For further information please contact: Michella Gilchrist Title Chet Sanitation And Satety Specialist $100 Center Pointe Or., Suite 104 Fort Myers, FL 33916 850-487-1395 DBFR Form HR 5022-008 Phone: 513-4212 UW sem EXHIBIT B - Page 2 =, STATE OF FLORIDA License Number - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA2102446 e DIVISION OF HOTELS ANO RESTAURANTS . fe id nvdbar Business Name wert myforida.convap NY PIZZA And PASTA! And GLUB HOUSE CALLBACK INSPECTION REPORT Inspection Cate act ana LEGAL NOTICE: 6/14/05 10:14:47 Al Failure to comply with thls Notice may Initiate an administrative complaint that may result in suspension or revacation of your license and fines. The following item(s) are in compliance: iolation: 02-08 Pbservec ready-to-eal, potentially hazardous food held more than 24 hours wilh no date marking, ictalion: 05-04 i no conspicuously fecated thermomelecr, at pizza oven ric. folation: OBA-O4 Duserved uncovered load. dry goods In #iicnen, Violation: OBA-O4 Dbserved uncaverad food. iglation: 084-20 Pbserved food stared on floor, in wie ana wil, Violation: 0BA-21 Dbserved food nol stared in a proper location, squid stored in dishwash area. ialatlon: 10-02 Poserved ice scoop wilh handte in Contact with ica. Violation: 10-02 Dbserved in-use utensil nol stored with handte above top of food aad the container. Viofation: 128-02 bserved location of designated employee eating, drinking, or sinching area causing possible closs-contamination. Viclalion, 14-30 bserved gaskels In poor repsir, in all reach in caalers al front. Violation; 14-30 oeerved gaskels In poor fepait, On Cook line. Violation: 21-02 Doserve¢ wel wiping cloth nat stared in sanitizing solution between uses DBPR, Form HR 5022-005 P4 aA & ccc Page 3 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SGA2102446 DIVISION OF HOTELS AND RESTAURANTS Gusiness Name www myforida.com/dbpr NY PIZZA And PASTA And CLUB HOUSE Inspection Date 6/14/05 10:14:47 AM CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply vith this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. Miotation: 22-02 Duserved encrusied materiat on can apener, Vioialian; 22-02 Observed buildup of solled materia} on mixer head, iolation: 22-06 boserved buildup of slime on soda dispensing nozzles, al bar. iotation; 22-06 es sail buildup inside ice bin, fiolation: 22-07 Dbserved Interior of mictowave soled. Violation: 25-04 bbserved single semice articles stored without protection tram contaminalten, rolatian; 29-05 bserved leaking pipe al plumbing fixture, at kilchen hws, This violation must be corrected by: 6/19/05. + i 32-02 Posarved lack of handwashing sign al a handsink used by food employees, at front sinks, Vialauon; 32-02 bbserved lack of handwashing sign at a hanasink used by fond employees, al front sinks, i 32-02 nserved lack of handwashing sign at a handsink used by faad employees. Violation: 32-09 Doserved sack of proper hand drying provisions at hand was /olation: 33-13 Dbserved open aumpster lid. Violation: 354-01 DBPR Form rR 5022-005 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA2102446 DIVISION OF HOTELS AND RESTAURANTS wre. mytiorida.com/dbpr ge BIT B 4 of 8 Page 4 GE, EXH 4 Business Mame NY PIZZA And PASTA/ And CLUB HOUSE CALLBACK INSPECTION REPORT Inspection ee TAM LEGAL NOTICE 6/14/05 10:14:47 Failure to comply ‘with this Notice may initiate an administrative complaint that may resull in suspension oF revocation of your license and fines. bserved live Mas in xilchen. This violation musi be carected by : 6/17/05. ‘ictation: 36-07 served floors not mainained smoolh and curable. Violation: 36-09 Dbserved llyors not consttuctad easily cleanable. Miolatian: 37-02 Pbserved ceiling sailed with accumulated dusl. iotation, 42-09 userved unnecessary ilems on the premise, old ice macning, ictation; 44-07 Dbserved clean linens stored In improper location, aprons stored next wood slals used for fooring on kitchen ling. Violation: 51-14 Doserved establishment did noi report seating change that affects the license fee, Clean Indoor Air Act, fire Safety, bathioam requirements ar other related requirements, OSPS Form HR 5022-005 EYHIBIT B cee, EXHIBIT B Sy of O ite S STATE OF FLORIDA DEPARTM IT OF BUSINESS AND PROFESSIONAL REGULATION Paget DIVISION OF HOTELS AND RESTAURANTS yew. myfiorida.convdbpr 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. 8/11/05 2:56:36 PM Routine 2102446 Inspection Date and Time NEW YORK PIZZA And PASTA INC inspection Reason SEAT License Number Owner Name NY PIZZA And PASTA/ And CLUB HOUSE. Business Name 82 Number of Units 11140 N TAMIAMI TRL WARNING: Violations in the operation of your establishment must be corrected by: 5131212 Area Code/Telephone Number Inspection Result Q6/4 1/2005 08:00 AtA 121105 Callback Date/Time License Expiration NAPLES FL 34110 Address / City / State / Zip / etc. lem 03: Food Temperatures: Nam 53a: Cert, Food Managers ltem 20; Warewashing Sanitization | Item 45: Flre Extinguishers and veal, tench in coaler, 42 Degrees F. Chouse, walk in cealer, 39 Ougreos F Solari, wath in cnaler, 42 Degrees F Sauce, potentialy hazardous, walk in cooler, $3, Degrees F. Food Safaly Professionats s: JAMES STEWART Centification | Samui 18/64 Cenified by: National Registry of} of 50 1 Type: Chloring fund at-cancentralion Fire Suppression Systems ales A Closs K type Fire Extinguisher, found in’at kitenen has a cermheation dare of 3/05 4 Hood Supprossion type Fire Eatnguisher, kiichan hos a certification dave of 305 NOTE: lems marked above with an asterisk (") indicate a violation Inspector's Comments J acknowledge receipt of this inspection form and comments. SLT Tp, A c 5/11/05 Date Signature of Recipient Inspector Signature Reciplent: JAMES STEWART For further information plaase contact: ‘ . Micnalta Gilentist Title MANAGER Sanitalion And Sataly Specials) 4300 Conier Ponte Gr, Sune $94 Fort Prone: sna2te wen STATUS SOURCE STATUS PHF TEMPERATURE CONTROL Yes *O1a Approved source Yes *03b Hot food at proper temperature Yes _[*01b Wholesome, sound condition _|Y¥es \ro3e Foods properly cooked/reheated No 02 Original container, properly labeled, date marking Yes 703d Foods properly cooled STATUS | PHF TEMPERATURE CONTROL ~ Yes [roe Facilities to maintain product lemperature Yes "03a Cald food at proper temperatures during storage, No “O35 Thermometers provided and conspicuously placed [display, service, transpon, and cold holding Yes *06 Potentisily hazardous foods properly thawed Violations marked with an asterisk are critical violations, tems marked VES subsequent pages. lems marked N/A are Not Applicable. hems Marked as N/O are Nel Observer DBPR Form HR 5022-015 are in compliance iems Marked NO are violations. Specific cetails of vielalian are listed on d. and were not being conducted atthe time ol inspection. found ina Nilchen has a certification date cf WO5 A Class ABC type Fity Extinguisher, found sy/at STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. mylorida.com/dopr 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. - Page 2 License Number SEAT 2102446 Inspection Date 5/11/05 2:56:36 PM maintained, Installed, located °16 Dishwashing facilities designed, constructed, operated 7. Wash 2, Rinse 3. Sanitize STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL (Yes "07 Unwrapped of potentially hazardous food not re-served No 33 Containers covered, adequate number, insect and rodent No "08a Food protection during storage, preparation, display, proo!, emptied at proper intervals, clean service, transportation Yes 34 Outside storage area clean, enclosure properly \Ves O08 Crass-conlamination, equipment, persannel, storage | constructed Yes *O8c Potential for cross-contamination; starage practices; [STATUS | INSECT AND RODENT CONTROL damaged food segregated No 35a Presence af insects/rodents. Animals prohibited Yes *O9 Foods handled with minimum contact Yes '35b Outer openings protected from insects, rodent oroof No 10 In.use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Ma 36 Floors properly constructed, clean, drained, coved Yes "44 Personnel with infections restricted {No 37 Walls, cgilings, and attached equipment, constructed, Yes "12a Hands washed and clean, good hyglenic practices clean (observed), alternative operating plan Yes 38 Lighting provided as required. Fixtures shielded No "12b Proper hygienic practices, eating/drinking/smoking Yes 39: Rooms and equipment - vented as required (evidence) : STATUS OTHER AREAS Yes 13 Clean clathes, hair restraints Yes +t: Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS Yes "41a Toxic items praperly stored No 14 Food contact surfaces designed, constructed, Yes *44b Toxic items labeled and used properly ~ | maintained, installed, focated No 42 Premises maintained, free of litter, unnecessary articles. Yes 15 Non-food contact surlaces designed, constructed, Cleaning and maintenance equipment properly stored. Kitchen restricted to authorized personnel facility clean, supplied wlth handsoap, disposable towels ar hand drying devices, tissue, covered waste receptactes “17 Thermometers, gauges, test kits provided SAFETY 18 Pre-flushed, scraped, soaked "45 Fire extinguishers - proper and sufficient yeas 19 Wash, rinse water clean, proper temperature Yes "4G Exiting system - adequate. good repatr Yes 1-208 Sanitizing concentration Nes *47 Electrical witing - adequate, good repair Yes *20b Sanitizing temperature “Ves "48 Gas appliances - properly installed, maintained No 21 Wiping cloths clean, used property, stored Yes "$9 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/handilng of clean equipment, wensils No 5 Other conditions sanitary and sale operation [_ STATUS ) SINGLE SERVICE ARTICLES \Yes §2 False/misteading statements published or advertised No 25 Sarvice items properly stored, handled, dispensed relating to food/beverage Yes 26 Single service articles nol re-used pees "83a Food management certification valid STATUS WATER AND SEWAGE/PLUMBING No -53b Employee training validation hes °27 Water source safe, hot and cold under pressure yes {54 Florida Clean Indoor Air Act Yes 728 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice | No 29 Plumbing installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available yes 730 Cross-tonnection, back siphonage, backllow ~_|_STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES Yves 57 Hospitality Education Program Information provided jves "21 Tallat and handwashing facililles, number, canvenient, [Yes tse Smoke Free designed, installed No 32 Restrogms wilh sett-closing doors, fixtures aperale property, Total Number of COS Viclations: 0 Total Number of Repeat Violations: ¢ Viotallons marked with an astetsk are critical viblations. tems marked YES are in compliance. Items Marked NO ere violatons. Specific details af vielatan are bsted on subsequent pages. hems marked M/A are Not Applicable. tems Marked as N/O ere Not Observed. and were nol being conducted at the time of inspection DEPR Form HR £622-015 at TATE OF FLORIDA Pages DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 2102446 wwwi.mytlorida.comidapr Inspectien Date 5/1105 2:56:36 PM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revacation of your license and fines, Warning(s): 29-05 - Observed leaking pipe al plumbing fixture, al kitchen hws. This violation must be corrected by : 6/1 1405, REFERENCE TEXT: 5-205.15 FC : System Maintained In Good Repair, A PLUMBING SYSTEM shall be: (A) Repaired according lo LAYS; and (8) Maintained in gocd repair. 354-01 - Observed tive flies in kilchen. This violation must be corrected by : 6/11/05. REFERENCE TEXT: §-501,111 FC ; Controlling Pesis. The presence of insects, rodents, and piher pests shall be cantrolled to minimize their presence on the PREMISES by: (A} Routinely Inspecting incoming shipments of FOGD ana suppties; (B) Routinely Inspecting the PREMISES lor evidence of pests; (C) Using methods, Il pests are found, such as trapping devices or other means of pest cantial ws specified under Sectans 7-202.12, 7-206.12, and 7-206.13; aad (D} Eliminating narborage conditions. 45-14 - Observed poneble extinguisher not properly maunted at ast 4 inches off Ihe Noor and the top no higher han 5 fectoff the Noor, stared on top cf first ald kit. This violation must be corrected by : 6111/05. REFERENCE TEXT: NFPA 10, 1-6.10 ; Fite extinguishers having a gross weight not exceeding 40 Ip. ...shall be Installed so thal the icp of the tire extinguisher is nol more than 5 ft...above the floor, Fire extinguishers having a gross weight greater than 40 Ib. ...(excep! wheeled lypes) shail be 50 Installed that the top of ine fire extinguisher 1s not more than 31/2 f...above the floor. In no case shail the clesrance between the battom of the fire extinguisher and the floor be less than 4 in. .... §3B-01 - Observed no proof of requited employee taining. This violation musi be corrected by : 6/1 4108, EXPLAINED INFO NEEQEQ FOR PROOF OF EMPLOYER TRAINING, REFERENCE TEXT: 509.049 FS ; Food service emplayve taining, The division shall adopt, by rule, minimutn toad salty protection standards Jar the training of all oad service employees who are responsible for ihe storage. preparation, display, ar serving of toads Ia the public in establishments regulated under this chapter. These standards shall nal Include an examination, bul shall provide for a foad safety tratning certificate program for food service employees to be administered by a private nanprafh provider chosen by the division. Any food salety training program established and administered Io food handler employees prior to the effective date of this act shall be submitied by the operatar to the division fos ils review and approval. It shall be the duty ‘of the licensee cl the public food service establishment to provide training In accordance with the described rule to all employees under the licensee's supervision of contol, The licensee may designate a cenified food service managar to perform this function as an agent of the licensee, Food service employees must receive cenification pursuant 10 this section by January 1, 2001. Faod service employees hired alter November 1, 2000, must receive cenification wilhin 60 days afer employment, Certification pursuant lo this section shall remain valid tor 3 years. Violatlon(s); 02-08 - Observed ready-to-eal, patenilally hazardous food hetd more than 24 hours with no date marking. 05-04 - Observed no conspicucusly loraled thermometer, a1 pizza oven tic. OBA-04 - Observed uncovered food. 084-20 - Observed focd stored on floar, in wc and wil. REFERENCE TEXT: 3-308.11 FC : FOOD Storage. (A) Except as specified in Paragraphs (8) and {C) of this section, FOOD shall bo prolecied from contamination by storing the FOOD: (1) Ina claan, dry tecation; (2) Where itis not exposed to splash, dust. or other cantamination; and (3) At teast ..(6inches) above the floor (B) FOOD in PACKAGES and warkiny coniainers may be stored less than ,,.(5 inches} above the Acar on case Jot handling EQUIPMENT as specified under Section 4-204,122. (C) Pressurized BEVERAGE conlainers, cased FOOD in waterproof containers euch a5 bottles or cans, and milk containers in plastic crales may be stored on a Moor ihat is tlean and nat exposed to fear moisture O8A-04 - Observed uncovered food, dry goods in kilchen, OBA-21 - Observed food not stared in a proper location, squid stored in dishwash ares. 16-02 - Observed in-use utensil nol stored with handle above tag ef food and the container. 10-02 - Observed ice scaop with handle w contact with ice, 12B-02 - Observed location of designales employee eating, dinking. or smoking area causing passibte cross-comtamination. 14-30 - Observed gaskets in poot repair, on cook line 34-30 - Cbserved gaskels in poor repair, in all reach in coolers al iront. DEPR Form HR 5022-015 c B a Et 8 4 ‘AFE OF FLORIDA Page DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION —Licanse Number DIVISION OF HOTELS AND RESTAURANTS SEAT = 2102446 vavvi.myfiorida.comvdbpr "Inspection Date 5/11/05 2:56:36 PM FOOD SERVICE iNSFECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint thal may result in suspension or revocation of your license and finas. 21-02 - Observed wel wiping cloth not stored in sanitizing solution between uses. 22-06 - Observed soil oviloup Inside ice bin, 22-02 - Opserved bulldup of sailed material on mixer head. 22-02 - Observed encrusted maleriat on can opener, 22-07 - Observed interior of microwave solled, 22-06 - Observed bulidup of slime on soda dispensing nozalas, al har. 25-04 - Gbserved single service articles stored without protection fam contamination. 32-02 - Observes lack af nandwashing sign at a.handsink used by food employees 32-09 - Observed lack of proper hand drying provisions at hand wash sink, 32-02 - Observed lack of handwashing sign at a handsink used by food employees, at trant sinks. 32-02 - Gbserved lack of handwashing sign at a handsink used by foad employees, at font sinks. 33-13 - Ohserved apen dumpsier lid, 36-05 - Observed floors not constructed easily cleanabla. 36-07 - Observed floors noi maintained smaoth and durable, ‘37-02 - Observed ceiling sailed wilh accumulated dust. 42-09 - Observed unnecessary ilems on the premise, gid ice machina. 44-07 - Observed clean linens stored In improper location. aprons slored next wood slate used far flearing on kitchen fine, 51-14 - Observed establishment did not report seating change thoi affects the license fee, Clean Indoor Alr Aci, fire safety, bathroam requirements or other slated requirements, REFERENCE TEXT: 61C-1.002(S){b} FAC : Any changes in ine number of seats provided which may affect the ticense Jee, the Ftonda Clean Indoor Air Act, fire safety, bathream requirements or any olher sanhation and sotety requirements provided In taw or rule. shall be reported immediately to the division by the oparatar DSPR Form HR 5922-035

Docket for Case No: 05-004096