STATE OF FLORIDA # boa, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 05 Noy DIVISION OF HOTELS AND RESTAURANTS ? on Fi fo. DEPARTMENT OF BUSINESS AND , i 4 on! ViSi9 ej & PROFESSIONAL REGULATION 5 - Uf 09 4 MIN/S H Oe Petitioner, HEAR A Tye vs. Wig YC License No. 2325620 . LITTLE SAIGON License Type 2010 Permanent Food Service Respondent. Case No. 2005034448 _ ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LITTLE SAIGON, ("Respondent"), and says: 14. 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 16752 N MIAMI AVE, NORTH MIAMI BEACH, FLORIDA 331696033. The mailing address of record is LITTLE SAIGON, at 16752 N MIAMI AVE, NORTH MIAMI BEACH, FLORIDA 331696033. 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 af 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 29, 2005 SS. ID. Cer tte ty Shannie Kallas, 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 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 NUMBER: 7160 3901 9848 8548 6184 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2005034448 on Form revised 05.20.05 ~~ - District Number: 01 License Type: 2010 Permanent Food Service LITTLE SAIGON License Number: 2325620 License Number: 2325620 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005034448 Exhibit A "EC" 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. "NEPA" 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 614C-1.004(5), Florida Administrative Code. . [tis alleged that on May 4, 2005, June 10. 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. * §4,09-01 3-301.11(B) FC }EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DEL! TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES OR DISPENSING EQUIPMENT. . OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OR OTHER NON-HANDLED CONTAINER FOR DISPENSING FOODIRICE. 2.14-01 4-201.11FC EQUIPMENT AND UTENSILS SHALL BE DESIGNED AND CONSTRUCTED TO BE DURABLE AND TO RETAIN THEIR CHARACTERISTIC QUALITIES UNDER NORMAL USE CONDITIONS. i OBSERVED EQUIPMENT OR UTENSILS NOT DESIGNED OR CONSTRUCTED IN A DURABLE MANNER/TAKE OUT CONTAINERS USED TO STORE FOODS AT REACH IN COOLER. 3,241-02 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 ACONCENTRATION SPECIFIED IN SECTION 4-801.114, 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, 4. 22-07 4-602.12FC COOKING AND BAKING EQUIPMENT. (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS. THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602.11(D)(6). (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE. OBSERVED INTERIOR OF MICROWAVE SOILED. 5. 24-04 4-903.11(A) FC EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE- USE ARTICLES SHALL BE STORED: (1) INA CLEAN, DRY LOCATION; (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST ...(6 INCHES) ABOVE THE FLOOR. * denotes critical violation : Exhibit A Casé Number: 2005034448 . ou kw jee Page 1 License Type: 2010 PERMANENT FOOD SERVICE rn a License Number: 2325620 OBSERVED EQUIPMENT STORED ON FLOOR OUTSIDE. 6. 38-02 6-202.11FC LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE !S EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED. ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. : OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS.OR COVERS IN KITCHEN. * 7,53A-02 61C-4.023(1)FAC EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. OBSERVED NO CERTIFIED FOOD MANAGER FOR ESTABLISHMENT. REPEAT VIOLATION. * 8.53B-07 61C-4.023(4)(B) FAG PUBLIC FOOD SERVICE EMPLOYEES MUST RECEIVE TRAINING WHICH RELATES TO THEIR ASSIGNED DUTIES. EMPLOYEES WHO PREPARE FOODS MUST BE KNOWLEDGEABLE ABOUT SAFE METHODS OF THAWING, COOKING, COOLING, HANDLING, HOLDING AND STORING FOODS. SERVICE PERSONNEL MUST BE KNOWLEDGEABLE ABOUT SAFE METHODS OF SERVING FOOD. EMPLOYEES WHO CLEAN EQUIPMENT AND FACILITIES MUST BE KNOWLEDGEABLE ABOUT PROPER CLEANING AND SANITIZATION METHODS. EMPLOYEES RESPONSIBLE FOR MAINTAINING THE PREMISES MUST BE KNOWLEDGEABLE ABOUT PROPER VERMIN CONTROL METHODS AS SPECIFIED IN THE FOOD CODE. ; OBSERVED EMPLOYEES WHO HAVE NOT RECEIVED TRAINING RELATING TO THEIR ASSIGNED DUTIES. * denotes critical violation Exhibit A ‘Casé Number: 2005034448. .- ve snr B9® 2 License Type: 2010 PERMANENT FOOD SERVICE License Number. 2325620 By ABT B , Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION o ae DIVISION OF HOTELS AND RESTAURANTS . www. myflorida.com/dbpr CALLBACK INSPECTION REPORT OF LEGAL NOTICE NOy : . ~ 7 Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or, rexiqtjon of vouieesse . and fines, Oh KS 10. 7 . : Tie) 6/10/05 3:39:40 PM Warning SEA2323620 HE a Ti Bs At Callback Inspection Date and Time Tnspection Reason License Number Wp 5 | Ve : A ~ SUTAO LILY ADMINISTRATIVE COMPLAINT recommended. (308)853-3377 Owner Name Area Code/Telephone Number LITTLE SAIGON Business Name Tnspection Result . 12 95/04/2005 ; Number of Units Requested Callback Date/Time Thitial Warning Date 16752N MIAMI AVE NORTH MIAMI BEACH Fi. 331698033 Address | Clty State / Zip ete, . Comments The following item(s) have been recommended for Administrative Complaint: ,.-" folation: 09-01 Observed improper use of bowl/plastic food container or other non-handled container for dispensing food.jrice . Miolation: 14-01 ‘Observed equipment or utensils not designed or constructed In a durable manner./take out containers use to store foods at reach in cooler 6/10/05 Date Signature of Recipient Inspector Signature Reciplent: David Ly For further information please contact: rareravanrny " JOSE OSCAR TORRES Title CHEF. coke pen ee INSPECTOR Phone: 305-653-3377 1-B50-487-1395 bres DBPR Form HR 9022-005 E_IIBIT B rage 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA2325620 DIVISION OF HOTELS AND RESTAURANTS www.mnyflorida.com/dbpr Business Name LITTLE SAIGON CALLBACK INSPECTION REPORT LEGAL NOTICE Inspection Date 6/10/05 3:39:10 PM ice may Initiate an administrative complaint that may resutt In suspension ot revocation of your license Failure to comply with this Noti and fines, Violation; 21-02 ‘Observed wet wiping cloth not stored in sanitizing solution between uses, Vitation: 22-07 Observed Interior of microwave soiled, Violatian: 24-04 observed equipment stored on floor outside lolation: 38-02 Observed lights missing the proper shield, sleeve coatings or covers./kitchen Miolation: 53A-02 observed no Cartified Food Manager for establishmant./not present Repeat Violation. Molation: 53B-07 bserved employees who have not received training relating to thelr assigned duties, —3 Ihe following item(s) are in compliance: Miolation: 03A-03 ‘observed potentially hazardous food cold held at greater than 41 F,fat react In cooler by cook. lolation: 04-02 lobserved cold holding equipment Is incapable of maintaining potentially hazardous food at proper tamperatures,/reach in cooler Miolation: 05-04 lObserved no conspicuously located thermometer./reach in cooler Violation: OBA-04 lobserved uncovered food. [sugar] Mictation: OBA-21 lopserved food not stored In a proper contatners at reach in freezer.[ Vielation: 13-02 Row Farm HR 5022-005 : . EXH.T B ‘STATE OF FLORIDA + Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr 4 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. 5/4/05 1:46:25 PM Routine : 2325620 SEAT Inspection Date and Time Inspection Reason License Number SUTAO LILY WARNING: Owner Name Violations in the operation of your {308)653-3377 LITTLE SAIGON establishment must be corrected by; Area Code/Telephone Number Business Name Inspection Result 6/4/05 Number of Units Callback Date/Time License Expiration 16752 N MIAMI AVE NORTH MIAMI BEACH FL 331696033 Address / Clty / State / Zip / etc. . Stem 03: Food Temperatures | fem 53a: Cert. Food Managers Item 20: Warewashing Sanitization | tem 45: Fire Extinguishers and Fire Supnressinn Systems Dates | Sauce, potentially hazardous, reach in cooler, 60 ‘A Class K type Fire Extinguisher, found invat klichen has a cerlification date of 12/04 AHood Suppression type Fire Extinguisher, found Ival klichen has a certification date of ra) AGlass ABC type Fire Extingulsher, fovmnd invat dining room has a certification date of 12/04 Degrees F. NOTE: Items marked above with an asterisk (*) indicate a violation Inspector's Comments. l acknowledge recelpt of this inspection form and comments. aes BE 5/4/05 Date Signature of Recipient Inspector Signature . For further information please contact: Recipient: David Ly JOSE OSCAR TORRES Tile Chef INSPECTOR Phone: 305-653-3377 4-850-487-1395 [ STATUS SOURCE STATUS PHF TEMPERATURE CONTROL - Yes “Ota Approyed source Yes *03b Hot food at proper temperature (Yes + b Wholesome, sound condition Yes *03c Foods properly conked/reheated Yes 02 Original container, properly labeled, date marking Yes *03d Foods properly cooled STATUS PHF TEMPERATURE CONTROL No *04 Facilities ta maintain product (emperature No *O3a Cold food at proper temperatures during storage, No *05 Thermometers provided and conspicuously placed display, service, transport, and cold holding _{Yes “06 Potentially hazardous foods properly thawed Violations marked wilh-an asterisk are critical violations. lems marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. flems marked N/A are Not Applicable. tems Marked a5 N/O are Nol Observed, and were nat being conducted at the tine of inspection. DBPR Form HR 5022-015 EXE “IT B “ STATE OF FLORIDA — Page2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 2325620 www. myflorida.com/dbpr . Inspection Date FOOD SERVICE INSPECTION REPORT 5/4105 1:46:25 PM - LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result jn suspension or revocation of your jicense and fines. { STATUS PHF TEMPERATURE CONTROL “7 STATUS | GARBAGE AND REFUSE DISPOSAL Yes «07 Unwrapped or potentially hazardous food not re-send fe 33 Containers covered, adequate number, insect and rodent No -0Ba Food protection during storage, preparation, display. proof, emplled at proper Intervals, clean service, transportation Yes 34 Outside storage area clean, enclosure properly Yes *08b Cross-contamtnation, equipment, personnel, storage . onstructed \Yes *O8c Potential for cross-contamination; storage practices; STATUS 1 INSECT AND RODENT CONTROL _| idarnaged food segregated No, h353 Presence of Insects/rodents. Animals prohibited [No *09 Foods handled with minimum contact No »35b Outer openings protected from insects, rodent proof Yes “to In use food dispensing utensils properly stored STATUS | FLOORS, WALLS, CEILINGS STATUS PERSONNEL jes [36 Floors properly constructed, clean, drained, coved ves 44 Personnel with infections restricted No 37 Walls, cellings, and attached equipment, constructed, Yes “42a Hands washed and clean, good hygienic practices _[eean (observed), allemative operating plan No 38 Lighting provided as required, Fixtures shielded Yes “12b Proper hyglenic practices, eating/drinking/smoking Yes 39 Rooms and equipment - vented as required (evidence) STATUS. OTHER AREAS No 13 Clean clothes, hair restraints Yes _40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS No 41a Toxic Items properly stored No 44 Food contact surfaces designed, constructed, Yes 4 1b Toxic ilems labeled and used properly ‘| maintained, Installed, Jocated \Ves 42 Premises maintalned, free of litter, unnecessary articles. Yes 15 Non-food contact surfaces designed, constructed, Cleaning and maintenance equipment properly stored, maintained, installed, located Kitchen restricted to authorized personnel “16 Dishwashing facititles designed, constructed, operated 4, Wash 2. Rinse 3, Sanitize "17 Thermometers, gauges, test kits provided 18 Pre-flushed, scraped, soaked "__|Yes |*45 Fire extinguishers - proper and sufficient Yes 49 Wash, rinse water clean, proper temperature Yes "46 Exiting system - adequate, good repair No *20a Sanitizing concentration _{ves "47 Electrical wiring - adequate, good repair {Yes *20b Sanitizing temperature Yes "48 Gas appliances - properly installed, maintained _| No 21 Wiping cloths clean, used! | properly, stored _ {Ves +49 Flammable/combustible materials - properly stored Ne 22 Food contact surfaces of equipment and utensils clean_| STATUS GENERAL Yes 23 Non-food contact surfaces clean Yes {50 Current license properly displayed No 24 Storage/handling of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES ; ves T52 Faise/misleading statements published or advertised Yes “195 Service items properly stored, handled, dispensed etating to food/beverage Yes 26 Single service articles not re-used No *S3a Food management certification valid ‘| STATUS WATER AND SEWAGE/PLUMBING No *53b Employee training validation Yes [27 Water source safe, hot and cold under pressure jYes {54 Florida Clean Indoor Alr Act —_| Yes +28 Sewage and waste water disposed properly _{ves 55 Automatic Gratuity Notice _} Yes “lea 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 Information provided _} No \r31 Toilet and handwashing facilities, number, convenient, |Yes ISB Smoke Free designed, installed mi Yes 32 Restrooms with seli-closing doors, fixtures operate properly, facility clean, supplied with handsoap, disposable towels or hand Total Number of COS Violations: QO drying devices, lissue, covered waste receptacles ‘Total Number of Repeat Violations: 1 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. llems marked N/A are Not Applicable. lems Marked as N/O are Nol Observed, and were not being conducted at the time of inspection, guenmhltss peg te oe OBPR Form HR 5022-015 - 3 STATE OF FLORIDA“ Page DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 2325820 www. myforida.com/dbpr Inspection Date 5/4/05 1:46:25 PM FOOD SERVICE INSPECTION REPORT LEGALNOTICE © Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. Violation(s): 03A-03 - Observed potentially hazardous food cold held at greater than 41 F fat reach In cooler by cook, 04-02 - Observed cold holding equipment is incapable of maintaining potentially hazardous food at proper temperatures./reach In cooler 05-04 - Observed no conspicuously located thermometer./reach In cooler : OBA-04 - Observed uncovered food.{sugar) QBA-21 - Observed foad nol stored in a proper containers at reach In freezer.{ 09-01 - Observed Improper use of bowl/plastlc food container or other non-handled container for dispensing food Jrice 43-D2 - Obsarved food service warker with unrestrained hatr, 14-01 - Observed equipment or ulenslls not designed or constructed In a durable manner.[sugar container] 44-01 - Observed equipment ar utensils not designed or constructed Ina durable manner./take out containers use ta store foods at reach In cooler 20a-D4 - Observed equipment food contact surfaces and utensils not sanitized when washing at3 compartment sink 24-02 - Observed wet wiping cloth not stored In santtizing solution between uses. 22-07 - Observed Interior of microwave soled. 24-04 - Observed equipment stored on floor suiside 31-12 - Observed handwash sink used for purposes other than handwashing./ washing food pans 35A-01 - Observed live files in klichen./by rear door, : : 355-03 - Observed outer openings not protected and vermin and/or environmental cross-contamination present [rear door-files present 37-02 - Observed hole In wall. 3-02 - Observed Sights missing the proper shield, sleeve coatings or covers./kltchen 414-01 - Observed toxic item stored by food./rear dry storage 414-06 - Observed container of medicine improperly stored,(stored with Ingredients ] 53A-02 - Observed no Certified Food Manager for establishment/nat present Repeat Violation. REFERENCE TEXT: 61C-4.023(1) FAC + Each licensed eslablishment shall have a minimum af one certified {aod protection manager rasponslble for all periods of pperatian. §3B-07 - Observed employees who have not received tralning relating to their assigned duties. DBPR Form HR 5022-015

Docket for Case No: 05-004098