Aug 9 2006 14:05 ge/ag/ 2886 13:59 8584146749 DEPR OGA PAGE 83/86 poo STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ) DEPARTMENT OF BUSINESS AND ‘PROFESSIONAL REGULATION, > Patitioner, V5. - : LOUIE LOUIE TOO * License No. 8012142 Respondent. Profession Na. 2010 ! ; " Case No, 2008058840 ADMI TIV! MPLAINT ‘he DEFARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Patitioner’), files this Administrative Complaint against: LOUIE LOWE TOO, (‘Respondent’), and says: 4. Patitioner is the stata agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec, 20.185 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 201 EAST ATLANTIC AVENUE, DELRAY BEACH, FL 33444.The mailing address of record Is 201 EAST ATLANTIC INVESTMENTS, 201 EAST ATLANTIC AVENUE, DELRAY BEAGH, FL 33444, Inspection of this establisnment conducted pursuant to Sec. 509.032, Flarida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules pramulgated thereto governing operation of the establishment. The violaiion(s) found and applicable law are described In Exhibit “A”, attached hereto and incorporated herein by refererice, io WHEREFORE, Patitianer respectfully requests eriry of an Order Imposing one or more of the following penalties: administrative fine not to excead $1000 per offense, mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspensicn, fevocatian, 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 April 23, 2003 { : Keck Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Businags & Professional Regulation GOUNSEL FOR THE DEPARTMENT: Gail Seott-Hill, Senior Attorney Florida Bar No. 0508289 Department of Business & Frofessional Regulation | 1940 North Monros Strest, Tallahassee, Florida 32399-1007 _ Telephone 850 - 488-3140 / Facsimile 660 - 488-5074 cE! ATE OF SERVIC BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_7002 0460 Q00T 5562 2886 HEREBY GERTIFY that a tue and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of H , 2003, Received by: Inspector's Signature Operator's Signature . : Title : : Title -. Case Na: 2003056640 ‘ Revised 5/12/2003 Business Name: LOUIE LOWE TOO at both a MMos 2g 1447 PmreTaRe Re nT cy ine 8 4 Aug 9 2006 14:05 ge/ag/ 2886 13:59 8584146749 DEPR OGA PAGE @4/@6 Licanse #: 6012142 Case #: 2003056640 ’ Exhibit A “FC” as citad herein references specific pravisions of the 1999 Food Code, Recommendations ofthe : 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 4A-3, “Fire Pravention, General Provisiona”, Florida Administrative Coda, and 61C+1.004(5), Florida Administrative Code. ‘Itis alleged that on May 9, 2000, September 14, 2000, March 30.2004, May 30, 2001. October 23, 2001, December 18, 2001. May 17, 2002, September 19, 2002, Maren 18, 2008 and March 20, 2003 the licensee wag in vidtation of Florida Statute 509(F'S) and/or the Rules of the Division of Hatels and Restaurants, Florida Administrative Code{FAC}, in the following particutars: 1. ' 7038-3 2-601.16(B) FC Except during preparation, cooking, or coaling, of whdén tine is used a8 the public health control as specified under § 3-507.79, POTENTIALLY HAZARDOUS FOOD shall be maintained: (B) At 6°C (41°F) or less, except as specified under {| (6) of this section and $3501.17, 3-501.18, and 4.204.111. : OBSERVED POTENTIALLY HAZARDOUS FOOD ITEMS NOT WITHIN AGGEPTASLE TEMPERATURE RANGE: SAUSSAGE HELD ABOVE 41 DEGREES FAHRENHEIT. "ORa=2 3.302_11(Ad2) PC (A) FQOD shail be protected from crose contamination... (2) Except when combined as ingredients, separating types of raw animal FOODS from agen other such as beef, FISH, lamb, pork, and:POULTRY during storage, preparation, holding, and _display by: * (a) Using separate EQUIPMENT for each type, at (b) Arranging each type of FOOD in EQUIPMENT 30 that cross contamination of one type with another is prevented, and (¢} Preparing each type of FOOD at different times or in separate areas) ‘ OBSERVED FOOD NOT PROTECTED FROM CROSS CONTAMINATION, RAW SHELL EGGS STORED OVER FRESH PRODUCE IN WALK-IN GOOLER. | *OBa-20 3.305.11 FG FOOD Storage. (A) Except as specified in Jf (2) and (C) of this section, Foon shail be, protected from contamination by storing the FOOD: {1} Ina clean, dry lecation; : (2) Where it Is not expased to splash, dust, or other contamination; and (3) At least 15 orn (6 inches} above the floor. (B) FOOD in PACKAGES and working containers may be stared jags than 15 om (6 inches) above thé floor on ease lot handting EQUIPMENT as specified under § 4 204. 1ae. (C) Pressurized BEVERAGE ¢ontainers, eased FOOD in waterproof containers such a hotites or carts, and milk containers itt plastie crates may be stored on a floor that fs clean . and not exposed to floor movsture. a OBSERVED FOOD ITEMS STORED ON FLOOR IN WALKIN GOQLER AND FREEZER. Exhibit A Page 1 of 2 An sateen " i iia tint feist! succes SpeT_) Theos: XE oy 404d % 400 Lda Aug 9 2006 14:04 ge/ag/ 2886 13:59 8584146749 DEPR OGA PAGE 85/86 mama Sm came Licanse #; 6012142 Case #; 2003086640 3. 10-3 3-304,12(C) FC During pauses In FOOD preparation or dispensing, FOOD . oo preparation and dispensing UTENSILS shall be stored: (C} On a dean portion of the FOOD preparation table or cooking EQUIPMENT orily if the in-use UTENSIL and the FOOD-CONTACT surface of the FOOo preparation table or seeking equipment are cleaned and SANITIZED at a frequency specified uncer §§ 4= 602.11 and 4-702,11; OBSERVED IN-USE (KNIVES) STORED BETWEEN PIECES OF EQUIPMENT. 4. *41 26-1 2-494,417 FO Eating, Otinking, or Using Tobarca.* {A) Except as specified in {] (B) of thia sechon, an EMPLOYEE shall eat, drink, or use any form of tobacce only in designated areas where the contamination af exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; unwrapped SINGLE- SERVICE and SINGLE- USE ARTICLES; or other tems needing protection can nat result, (8) A FOOD EMPLOYEE may drink from a closed BEVERAGE container ifthe container is handled to prevent contamination of (1) The EMPLOVEE'S hands; (2) The container; and (3) Expased FOOD, clean EQUIPMENT, UTENSILS, and LINENS. and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. OBSERVED EMPLOYEE DRINKING FROM AN OPEN CONTAINER. 21-2 3-304, 14(B) FC “ Glothe used for wiping FOOD spillg snall be. (1) Dry and used far wiping FOOD spills fram TABLEWARE and carry-Out containers; or (2) Wet and cleaned as specified under 4) 4-802.14(0), stored in a cherigal sanitizer at 2 concentration speelfled in § 4-507.114, and used for wiping spllis from FOOD-contact and nenFOOD- CONTACT SURFACES of EQUIPMENT. OBSERVED IN-USE WIPING GLOTHS NOT STORED IN SANITIZING SOLUTION BETWEEN WSES. 6. "31-10 §-205.11(A} FC A handwashing lavatory shalt be maintained.so that itis accessible at all tires for EMPLOYEE use. OBSERVED KITCHEN HANDWASH SINK NOT ACCESSIBLE = CRITICAL VIOLATION Exhibit A Page 2 of 2 ES coy ima sad laa

Docket for Case No: 06-002864