STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, O (0 - [ O GO vs. CHINA WOK License No. 4501933 Respondent. License Type 2010 Permanent Food Service Case No. 2004040834 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CHINA WOK, (“Respondent”), and says: 1, Petitioner is the state agency charged with regulating the operation of public lodging establishments and public foad 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 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778.The mailing address of record is CHINA WOK, at 342 W. BURLEIGH BLVD, TAVARES, FLORIDA 32778. 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 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 August 10, 2004 ae Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation nN 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 ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2004, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2004040834 Form revised 7/27/04 License Type: 2010 Permanent Eood Service -District Number:.04. License Number: 4501933 CHINA WOK License Number: 4501933 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004040834 Exhibit A "FC" as cited herein references specific provisions of the 1999 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 Code, and 61C-1,004(5), Florida Administrative Code. itis alleged that on July 29, 2004 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. * . * 1,35A-01 6-501.111FC CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS, A, OBSERVED APPROXIMATELY SIX HUNDRED FRESH RODENT DROPPINGS THROUGHOUT THE KITCHEN. ; B. OBSERVED RUB MARKS IN THE WATER HEATER ROOM, BY THE KITCHEN HAND SINK AND AT THE COOK'S LINE, THE ESTABLISHMENT WAS OPEN FOR OPERATION AT THE TIME OF THE INSPECTION. * denotes critical violation Exhibit A Case Number. 2004040834 Page 1 License Type: 2010 PERMANENT FOOD SERVICE ~“Ticense Number 45019337" Dike es eT Ta Page 1 of3 BEPARTMENT OF BUSINESS AND PROFESS, _AL REGULATION DIVISION OF HOTELS AND RESTAURANTS EXH | B IT nD FOOD SERVICE INSPECTION REPORT Hoo LEGAL NOTICE Fallupe to comply with this Notice may initiate an administrative complalat that may result In suspension or revocation of your Deans and flies, 7/29/04 1:42:16 AM . Complaint Full 4501933 SEAT Inspection Date and Tints Inspection Reason , ~ Deense Number NUN YI WENG GENCY ORDER oF suspension of lcon: Owner Name EMERGENCY ORDER of Suspension of Hleange, 382-345.5408 7 CHINA WOK Area Code/Telephone Number Business Nama lhepection Result 16 04-01-05 Number of Unis’ Colliack Dateffime “Gees €xpiatien 342 W. BURLEIGH BLVD TAVARES Fl, 32778 ~ Addtess | Cy 7 State 7 Zn7 ete nr — Ttem 03: Feed Temperatures Ttem 53a: Cart, Food Managers Ttem 20; Warewashing Sanitization Ttem 45; Firs Extinguishers and Fire : : Suppression Systeme Dates *Pasty, cooked, cold storage, 56 Depreex F, Manager Name: Weng xlngbin A Class ABC type Fire Extinguisher, found Infat 7s scar teh | atin Do iy Ache pate Ea teh spring el cal doragenn.2, 29 Gagreese, | The Florida Restaurant Association kitchen hus a caniffeation date af 02-09 Shrimp, caok lin, 44 Degraes F, A Hood Suppresston ypc Fire Extinguisher, Chicken, ravy, cook tine, 40 Degrees Fi. Tound in/at Kitchen has a cutificatlon date of Rite fried, cook line, 160 Dagrezs F, 02-04 NOTE heme monk wine Se NOTE: Itente marked above with an astorlak (*) Indicate a violation Thspector's Cominants Is ts @ complaint Investigation, Nothad by Lake Co. health dept, of @ raach problem, Arrived and met with a Tep. from Massey Pest Control, The hap, noted that here was 4 problem and a contract for services for a period of 1 Yr. Was signed today. Dbserved establishment Open and serving to the public, Tacknowledge receipt of this Inspection form and comments, 07/29/04 12:42 PM J “ | i Signature of Recipient ~~ ~ Inspector Signature ~ Daberrime . For further information please contact; Recipient: Title * Kevin Martin Sanitation and Safety Spacialist 400 West Robinson St, Phone: Sule 802 Orlande 7 FA 32802 850-487-1395 *O1a Approved source *01b Wholesome, sound condiion 02 Original container; properly labeled, date marking "| FHF TEMPERATURE CONTROL TH *03a Cold food at proper temperatures during storage, display, service, transport, and cold holding “03D Hot food at proper temperature *03c Foods properiy cooked/raheated “03d Foods properly cooled “04 Facilities to maintain Droduct temperature “OS Thermometers provided and eonspicuolély plac Violations marked with an asterisic are critical violations, Items marked YES are in compliance. Items Marked NO are violations, Specific datails of violation are listad On subsequent pages, Items marked N/A are Not Applicable, Ibems Marked a5 N/O are Not Observed, and were hot being conducted at the time of inspection, , iv PP p se pBG%/62/28 NOIDSY of SZEPESSE STIET C/BS/L 28 39d ” FOOD SERVICE SIAIB UP PLAL DEPARTMENT OF BUSINESS AND PROFESSIG, al. REGULATION DIVISION OF HOTELS AND RESTAURANTS 1 EEE IDA - License Number SEAT B IT B Inspection Date 7/20/04 11:42:14 AM 4501933 INSPECTION nerorE HI LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint that may result In sumpension or revocation of your license “status | PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOGAT. Yes _|*07 Uwrapped or potentially hazardous food not reserved (Yea 133 Contalhars covered, adequat number, ead and Tadent Yas ~~" }#8a Feed protection during slerade, prepa tition, display, proof, emptied at proper intervals, clean Bervice, transportation Ye 84 Outside stcrage aren clean, enclocure proparly constructed Ye FDGb Crass-contaminatlon, equipment, personnel, storage | Yes ‘T0Ge Potential for cross-contamination; storage practices: | STATUS INSECT AND RODENT CONTROL — damaged food segregated _[Re 35a Presence of Insects/rodents, Animale prohibited No 09 Foods handled with minimum contact No bb Outer openings protected from insects, rodent proof Yes © iO Ih use food dispensing utensils properly stored STATUS “FLOORS, WALLS, CEILINGS _ " “STATUS PERSONNEL Yes 6 Floors properly constructed, clean, drained, coved Yes 72 Personnel with infections restricted , “TNo 37 Walls, ceilings, and attached equipment, constructed, clean Yes has Haniomated sed Ga fost WRN pe (observed), altamative operating plan Ye 168 Lighting provided as required, Podures glileded Yes 2b Proper hygienic practices, eating/drindng/smeking Yas 139 Rooms and equipmant - vented a6 required ~ _ evidence) : _ STATUS OTHER AREAS Yes 43 Clean clothes, halr restraints Yes 40 Employee teckers provided and used, clean [STATUS FOO EQUIPMENT AND UTENSILS —~*+\ Yes i418 Toxic ems properly stored Yes 14 Food contact surfaces designed, constructad, maintained, |Ves *41b ‘Toxic nams tabeled and Used properly Installed, tocutat Yes aa Pree ratained reo of Wir inate ares, = Sr ap ee! eg. Yes 3S Rc fand cack surfaces designed, conshticted, malhtained, [cleaning a authored sae properly stor en Yes eae designed, constructed, operated 1, [Yes }43 Complate separation from lving/élaeping area, laundry Wash 2, Rinse 3. Sanitiee Yes 44 Clean and soiled linen segregated and properly stored Yos 17 Thermometers, gauges, test kits provided STATUS SAFETY - Yes 18 Pre-flushed, scraped, soaked = — fee 45 Fire extinguishers » proper and sufficient Yes 19 Wash, rinse water clean, proper temperatura Yes WRa6 Exiting Systam - adequate, good repalr Yes |*20a Sanitizing concentration ° Yes 47 Electrical wiring = adequate, good repalr ~ Yes *20b Sanitizing temperature 1 "48 Gas appliances = properly thetalled, malniained iy 24 Wiping cloths clean, used properly, stored Yes 45 Flammable/combustible materials ~ properly stored Yes” 22 Food contact surfaces of equipment and utensils clean STATUS GENERAL No 23 Nonfood contact surfaces ean Yes 50 Curent leenge properly dleplayed Yes [24 Storage/handiing of clean equipment, utensils V¥es S2 Other conditions sanitary and safe operation STATUS “~~ SINGLE SERVICE ARTICLES Yes 52 False/imisleading statements publlshed or advertsed relating Yes “125 Serves foams properly stored, handled, lapensed tp food/beverage Yes 26 Single service articles nokreused === SSS Yes “lF6ga Food managemant certification valid STATUS ~__ WATER AND SEWAGE/PLUMiING ~~ No *53b Employee training validation eR "27 Water source cafe, hot and cold under pressure ~+(|Yes. ~~~ ‘(84 Horida Claan Indoor Ar Act Yes "28 Sewage and Waste water disposed properly ~~—~—~‘t'Yes 55 Automatic Gratuity Notice SSCS Yas 25 Plumbing Installed and maintained Yes ‘(56 Copy of Chapter 509, Florida Statutes, available Yes "30 Cross-connection, back siphonage, backiow sTaTus | GENERAL a TOILET AND HANDWASHING FACILITIES Yes __|S7 Hospitality Education Program Information provided Yes 31. Toilet and handwashing faciities, number, convenient, [Vas 58 Smoke Free — designed, Inetalled ' " Flt clea, spl with anteay, Gapoeabh care Total Number of COS Violations: = drying devices, tlesue, covenad waste receptacles ‘Total Number of Repeat Vislations: 0 a —_ I. ele, Vielations marked with an asterisk ara crticel violations. Items marked VES ore In c ‘ofnpliance, Items Marked NO are violations, Specific details of violation are listad_ on-subsaquent- pages; Items marked: N/A-are Not Applicable: Iter NNTOAM AT eA is Marked"as N/O are Not Observed, and were not being conductad at the time of Inspection, PRSZEPESSE STIET B0C/60/28 Page 3 of 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Licanse Number DIVISION OF HOTELS AND RESTAURANTS SEAT 4801933 EXHIB IT B FOOD SERVICE INSPECTION REPORT Inspection Date LEGAL NOTICE 7/29/04 11:42:14 AM Failure to comply with this Notice may inkiate an administrative complaint that may result In suspension or revocation of your licans and fines. Warning(s): O3A-03 - Observed patentially hazardous food cold held at greater than 41 F, Cooked pasta s/i, temp. 55 dF, This violation must be corracted by : 07-30-04, ISSUED STOP SALE 03A-03 - Observed potentially hazardous food cold hald at greater than 41 F. Pre-cooked chicken at 48 df. in ¥/] cooler. ISSUED STOP SALE. ‘This vielation must b corrected by : 07-30-04, 034-03 - Observed potentially hazardous food cold held at greater than 41 F, Raw beat Issued stop gale, This violation rust be corracted by 1 07-30-04, 04-02 ~ Observed cold holding equipment is incapable of maintaining potentially hazardous food at proper temperatures. 2 door 1/1 cooler This violation must be corrected by : 07-30-04. 538-01 - Observed no proof of required employés training. This violation must be corrected by | 08-29-04, Violatlan(s): 06-02 - Observed potentially hazardous food thawed in an improper manner, 09-02 - Observed improper use of bow!/plastic food container ar other Nor-handied container for dispensing food. Rice and Bplee bins. 21-02 - Observed wet wiping cloth not stored in sanitizing solution between uses, 23-01 - Observed build-up of grease on nonfond-contact surface, On hood fitters. 32-02 » Observed lack of handwashing sign at a handsitk used by food employees. 3201 - Observed bathroom facility not cuan. Toilet. 354-01 - Obsarved rodent activity as evidenced by rodent droppings found. Found approx, 600 rodent droppings throughout the kitchen areas, (Cook's area, water heater area and behind equipment). Observed rub marks in Water heater Team, by kitchen hand sink and Walls at tha cook's line. 358-03 - Observed establishment with outer openings that cannot be properly eeated whan not in operation, Gaps in back door. 37-02 - Observed attached equipment saffed with accumulated grease, Exhaust vent system. 53B-02 « Observed employees not Informed of acceptable sanitary practices, Not knowledgable about 3 Bink method. ve FV NOTSSY 7 PPSZEPESSE ZTiET paac/62/L8 DEPARTMENT OF STATE OF FLORIDA tacit ea seamen" EXHIBIT B www. hospitalityeducation,org STOP SALE ORDER LEGAL NOTICE 7/29/04 12:46:36 PM CHINA WOK . 4501933 SEAT Tnspection Date and Time Business Name License Number NUN YI WENG . ; ; Owner Name * Number of Units License Expiration . 352-343-5188 Area Code/Talsphone Number — 342 W, BURLEIGH BLVD TAVARES FL 32778 Address (City [State / 2ip 7 etc. = , . ‘ . The division may step the sale, and supervise the proper destruction, of any food or food product when the director or designee determines tha such food or foad product represents a threat to the public safety or Welfare, If the operator of @ public food service extablishment Weensed under thls chapter hes received official notification from health authority that a food ar food product from that establishment has potentially contribubed to any instance ar outbreak of foodborne iliness, the food or food product must be inalntalaed in safe storage in the establishment unul the reaponslbis health authority has examined, sampled, selzed, or requested destruction of the food or food product, Subsection 509,.032(4) Florida Statutes YOU ARE HEREBY NOTIFIED TQ IMMEDIATE STOP THE SALE OF THE FOLLOWING PRODUCTS | Artlale Brand m Number. Manufacturer Quantity Cooked Pasta Sibs, Pre-cooked Chieksn idibs, Raw Beef ibs. REASON FOR ISSUE: The division finds that an immediate danger to the public safety or welfare exists, based on the following conditions found for the above listed food item(s): . Food not maintaining cold holding temperature of at least 41 Degrems F or less for more than 4 hours, Per management product stored for more than 4 hours. Feod not maintaining cold holding temperature of at laast 41 Degres F or less for more than 4 hours. ADDITIONAL ARTICLES, REASONS, OR COMMENTS ON ADDENDUM Aoi Mantes 07/29/04 12:54 PM Date ~ Signature of Recipient Tnspectar Signature Recipient: Yinun Weng For further information plense contact: Title mgr Kevin Martin . : Sanitation and Safty Specialist 400 West Phonet 352-343-5188 Robinson St, Sulte B02 Oriando , Fy 32804 ~. 850-487-1395. DBPR FORM HR 5022-77? meee Mintoas! W1 ppGZEpecce ZT:ET peHe/62/28

Docket for Case No: 06-001090