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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs MAYUMI JAPANESE RESTAURANT, 06-003047 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003047 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: MAYUMI JAPANESE RESTAURANT
Judges: J. D. PARRISH
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 21, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 25, 2006.

Latest Update: Sep. 30, 2024
Aug 21 2006 14:43 @a/21/20686 14:38 8584146749 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, V5. MAYUMI JAPANESE REST reense WD peoniea Respondent. Gase No, 2006031589 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MAYUMI JAPANESE REST, (‘Respondent’), and says: 1. Patitioner 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 fa, 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 12374 SW 127 AVENUE, MIAMI, FLORIDA 33186.The mailing address of record Is MAYUMI JAPANESE REST, at 12374 SW 127 AVE, MIAMI, FLORIDA 33186. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed viclations of the provisions of Chapter 509, Flerida 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 hereln 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 folfowing penalties: administrative fine net 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 therato. Signed June 8, 2006 Shannie Kallas, District Manager . By delagation 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. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7180 3901 8849 2725 9592 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2006, Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2008031569 Distriet Number: 04 Lleanse Number: 2390675 2010 Fortn revised 03,08,06 MAYUMI JAPANESE REST PAGE @4/11 Aug 21 2006 14:43 @a/21/20686 14:38 8584146749 DEPR OGA PAGE 5/11 Exhibit A License Number: 2330675 License Type: 2010 PERMANENT FOOP SERVICE Case Number: 2006031569 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Services, 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-% ,004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on April 17, 2006, and May 18, 2006, the licensee was in violation of Florida Statute 509(F3} 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) aré attachad hereta and incorporated by reference as Exhibit B. * §4,05-09-1 4-204.112FC: (A) IN A MECHANICALLY REFRIGERATED ‘OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT 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 LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY, (C) PARAGRAPH (8) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. . OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. 2.22-20-1 4-602.11(E) FC: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BF CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA . DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD, OBSERVED BUILD-UP OF SLIME IN THE INTERIOR OF ICE MACHINE. * denotes critical violation Case Number: 2006031569 District: 02 License Number: 2320675 License Type: 2010 MAYUMI JAPANESE REST Aug 21 2006 14:43 @a/21/20686 14:38 8584146749 DEPR OGA PAGE 46/11 Exhibit A 3,25.04-1 4-903,11(C) AND (D) FO! (C) SINGLE-SERVICE AND.SINGLE-USE ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD _ PROTECTION FROM CONTAMINATION UNTIL USED. (D) ITEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204. 122. OSSERVED SINGLE-SERVIGE ITEMS STORED ON FLOOR, * 4.45354 NFPA, 13.1.5AND10.2.2:; DETAILED RECORDS DOCUMENTING ALL SYSTEMS AND EQUIPMENT TESTING AND MAINTENANCE SHALL BE KEPT BY THE PROPERTY OWNER AND SHALL BE MADE AVAILABLE UPON REQUEST FOR REVIEW BY THE AHJ, THE AHJ SHALL BE PERMITTED TO REQUIRE THE OWNER, OPERATOR, OR OCCUPANT TO PROVIDE TESTS OR TEST REPORTS, WITHOUT EXPENSE TO THE AHJ, AS PROOF OF COMPLIANCE WITH THE INTENT OF THIS CODE. OBSERVED NG CURRENT HOOD FIRE SUPPRESSION SYSTEM INSPECTION REPORT AVAILABLE. * denotes critical violatian Case Number. 2006021569 District: 01 License Number: 2330675 License Type: 2010 MAYUMI JAPANESE REST @a/21/20686 14:38 8584146749 DIVISION OF Aug 21 2006 14:44 DEPR OGA PAGE ar/l1 EXHIBIT B Page 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOTELS AND RESTAURANTS www, inyfloride.com/abpr CALLBACK INSPECTION REFORT LEGAL NOTICE Fallure to comply with Hide Notice may dnitiote an administrative complaint that tay result In suspension oF revecation of your ficense and fines, B/4KNS 12:57:35 PM waming SEA2330675 SEAT Calleack Inspection Dete and Time Tnepection Reason Licanse Number MAYIMT INC ADMINISTRATIVE COMPLAINT recommended | 2052477287 Owrer Narre Area Code/Telephone Mumber MAVIIMI JAPANESE REST Business. Narre Inspection Resuit 60 04/17/2006 Nursber of Units ” Requested Callback Outa/Time Tnitial Warning Date - 12374 SW 127 AVENUE MIAMI FL 33186 Aadieas | city] State 7 Zip 7 etc, Comments IThe following item(s} have been recommended for Administrative Complaint: iclation: G5-09=1, jo conspicudusly located thermometer In holding unit. jolation: 22-201 observed huikdup of slime In tha interlor of ice machina. Molation: 25-041 518/08 : Bete Sigroture of Recipient Tnepector Signature Recipient: raymond feag For further information please contact: Tite Leonanto Hemande2 owner Sanitation And Satety Specialist 8685 NW S3rd Ter Phone: 305-238-7748 sult 111 Miamé florida 33166 DBPR Form HR, 5022-005 850-487-1395 Aug 21 2006 14:44 G8/21/2066 14:38 B5e4146749 DEPR OGA PAGE 88/11 EXHIBIT B mie STATE OF FLORIDA, LUcense Mumber DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEAZIIOG75 OTVISION OF HOTELS AND RESTAURANTS: , weew.myfiorida.cam/dbpr Business Name MAYUME JAPANESE REST CALLBACKCINGE pechlin REPORT Inspection Date 5/18/06 12:37:35 FM Failure to comply with thia Notice may Inttlete ay aciainistrative complaint that my result In suepenaion of revoeation of your license and fines. bpserved single-service terns stored on floor. Kealution: 45-35-1 le current hood fire suppression system Inspaction report available. ree Ttarn(s) are tn compliance: jolation: 02-05-1 served ready-to-eat, potentially hazardous food prepared on-site and Frozen nit properly date marked. jolation: 02-13-1 Required consurner advisory for raw/urdarcooked animal food not provided. folation: DBA-2B+1 ‘ JOtwerved food stored on floor. Mejation: 10-08-1 lobeerved len scoop with handle in contact with Ice, Miolation: 17-09-1 : {ack of use ‘of chemical tast Kit when using chemical sanitizer at Unree-compartment eink/Wwarewashing machina, fetetion: 29-08-41 Plumbing systern In disrepalr, diswasher sanitager not being discharged whan cycle comes up Molation; 32-15-21 lo handwashirig sign provided at a handsink used by food employess. Cre 37-1441 Observed calling in disrepair. vant Miolation: 37-201 nod not cleaned to bare metal prior ty surfaces becoming heavily contaminated with grease or olly sludge, ret 45-07-1 (Observed misalignment ef hood suppraesion system nozzles. DGPR, Form HR 5022-005 Aug 21 2006 14:44 ag/2l/ : 2866 14:38 8584146749 DEPR OGA PAGE STATE OF FLORIDA Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www, myfiorda.comadbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may Initiate an administrative complaint that may fesuit In suspanalon or ravocetion ofyour license and fines, 41706 1131215 AM Rouiine : 2930575 SEAT Inspection Date and Thme Inspection Reason License Number MAYUMLING re WARNING: Owner Name ng in the operation of your 305-238-7748 . MAYUMI JAPENESE RESTAURANT esta bliahment a corrected by: Area Code/Telaphona Numbe Business Name . Inspection Result 05/17/2006 08:00 AM Number of Units Callback Date/Time License Expiration 12374 SW 127 AVENUE MIAMI FE 33986 Address / City / State / Zip / ete, tam 03: Food Temperatures item 53a: Cert. Food Managers item 20; Warewashing Sanitization | tern 45: Fire Extinguishers and Suan, frontline, 39. Dagrena F Maneger Nama: masake hody Céientlon Date: | Sanitzer Type: Not Sat Up toured at A Gina type Fire Exeinpuiaher, fount! In/at luna yebow (1M, fronting, 32 Degrees F, august] 172004 Cartitied by: Natlonal Ragiitry of conceritration of 0 PPM. Ritetian Abe & carthigntion date of Dressings, PHF, sanch In eveler, 3¢ DegreakF. | Food Sataty Profession sts septamber/2005 Pasioee, kiehen, 144 Dagrens F. A Hood Suppression type Fite Extinguisher, ound ivan Kiighan hed 8 eariiiication dato of octoberatys A Clasa BC type flee Extinguighor, found Infel hdtchan has a ceriifianiion dete of maptemberao0s A Cleat ABC ype Fine Extinguisher, found in/at halwiy hes cartitigation date at Anptambar/2o0s NOTE: items marked above with an asterisk (*) Indicate 6 violation Inspector'a Comments Employees trained by Florida Restaurent Association Tacknowlecige receipt of this ingpection form and cornments. ant 7106 bate ecient: emnueatRecren ror futher irae ss ste: . Leonardo HarnandaZ, Title owner . Sanitotign And Safety Specitiat 4648 NW Save Tar Suite 114 Migr Phone: 305-238-7748 fone 39198 Srarus. | —sss—~CtCSt*CS SOURCE __|_ STATUS PHP TEMPERATURE CONTROL Yes roved sources. Yes 936 Hot food at proper temperature Yes *O1b Wholesome, sound cendion Yas "De Foods properly cookedirehaated 02 Original eonteinat properly labeled, date marking _ Yes *0ad Fonts properly cogled STATUS PHF TEMPERATURE CONTROL Yee *04 Facilities to maintain product temperature Yes 7O3e Cold food at proper temperatures during storage, No ‘05 Thermometers provided and consplouauisly placed display, service, transport, and cold halding Yes *06 Potentially hazardous foods properly thawed Violations marked with an aetérisk are eriticat violations. ites marked YES are Incompllance, Itoma Marko NO are olatons. Spacife detaiia of violation are fisted on subsaquent pages. llems marked N/A are Not Applleable, Itaris: Marked ag N/O ara Nat Obaerved, and were not being conducred at the tlme ef inspection, DPR Farm HB 5022-015 gal. Aug 21 2006 14:44 8/21/2686 14:38 8584146749 DEPR OGA PAGE EXHIBIT B STATE OF FLORIDA Page? DEPARTMENT OF BUSINESS AND PROFESSIONALREGULATION License Number DIVISION OF HOTELS AND RESTAURANTS: SEAT | 2330675 we hyforida.comvdbpr . Inspection Date FOOD SERVICE INSPECTION REPORT AIOE 11:12:15 AM LEGAL NOTICE Fallure te comply wih this Notes may intiate an administrative complaint that may reduit In suspension or revocation of your llcanse and fines, PHF TEMPERATURE CONTROL STATUS: GARBAGE AND REFUSE DISPOSAL Yes “a3 Containers covered, adequate number, nsec! and rodent No ‘08a Food protection during storage, praparation, display, proof, emplied at proper Intervals, clean service, transportation 34 Outside storage area clean, enclogura properly ‘Yes Fokb Cross-contamination, equipment, personnel, storage constructed Yes “OB Potential for erass-contamination; storage practices; BYATWS | INSECT AND RODENT CONTROL damaged food segregated + 35a Pregance of Insecta/rodents. Animals prohibited Yes “09 Foods handied with minimum contact es fa5b Outer openings protected from Insects, rodent praot No 10 Inuse food dispensing utensils properly stored STATUS: FLOORS, WALLS, CEILINGS STATUS PERSONNEL Yes —p8 Floors properly constructed, clean, drained, coved Yes M11 Personnel with Infections resiricted No 37 Walls, ceilings, and attached equipment, constructed, Yas “12a Hands washed and clean, good hygianic practices clean (observed), alternative operating plan Yas 38 Lighting provided as required, Fixtures shielded _| Yes 12b Proper hygienic practices, éating/drinkIng/smoking Yes 89 Rooms and equipment - vanted ga required {evidence) STATUS OTHER AREAS Yes 13 Clean clothes, halr restraints Me 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS Yes tata Toxic tems properly stored Yas 44 Food cantact surfaces designed, constricted, [Yos (41h Toxte items labeled and used properly maintained, indtalled, located Yes 42 Premises maintained, free of liffar, unnecassaty articles. Yes +5 Non-feed contact surfaces designed, cangiructed, Cleaning and malntanance equipment properly atored, maintained, Installed, located : Khchen restricted te authorized personnel Yes *16 Dishwashing faciiltlas designed, constructed, oparatad [Yes 43 Complete separation from llving/steeping gree, laurd 1, Wash 2. Ringe 3. Santige : 44 Clean and soiled linen segregated and nroperty stored | Ne "17 Thermometers, GHupOS, test kite provided STATUS | SAFETY. Yes 18 Pre-flushed, scrapad, soaker +45 Fire extingulghers - proper and sufficient >| pes 49 Wash, ringe water clean, proper temperature "88 Exiting system - adequate, good rapat, Yes "202 Sanitizing concentration Yes +47 Electrical wiring » adequate, good repel Yes *20b Sanitizing ampersture ves 48 Gas appliances - property Installed, maintaingd Yes 21 Wiping cloths cigan, yred properly, stored Yes "49 Flammablecombustible materials - properly stored No 22 Food contact suriaens of aquipmentand utensits clean _| STATWS GENERAL ml yee 23 Non-focd contact surfaces clean Yes "56 Current ticanse properly displayed | Yes 24 Storage/haqdiing of clean agquipment, utensils, Yes 51 Other conditions sanitary end safe operation STATUS SINGLE SERVICE ARTICLES Yes 52 Falsa/misiaading atatemants published or advertised Na 28 Service items properly stored, handled, dispensed relating to food/beverage es 26 Single service arficies not re-used _|vas 53a Food management certification yalid STATUS | _ WATER ANO SEWAGE/PLUMBING yas Sab Employae training validation Yes (-27 Water source safe, hot and cold under pressure. yes 64 Florida Clean Incioor AirAct yes h28 Sewage and waste water dispased properly ves (2S Automatic Gratuity Noties No 29 Plumbing installed and maintained Yea 56 Copy of Chapter 508, Florida Statutes, available Yes "30 Cros-connaction, back sishonage, backflow STATUS | GENERAL STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospltallty Education Program Informetion provided yes #31 Tollet and handwashing facilities, number, convenlent, Yee 5& Smoke Free designed, Installed Po ier mer srearone, even an TotalNurberef COS Vators: 9 | drying devices, Wsaue, covered waste ecentacios | rota Number of Repeat Violattans: 0 Violationg marked with an asierisk are critical violations, Items marked YES ard in compliance. llams Marked NO are Vielatlong, Spectfic donils of violation are listed on subsnquant pages, Items marked N/A aro Not Appticable. items Marked aa N/O ara Not Cibrerved, and ware not bing condusted at the tima of inspection. OAPR Form HR 5022045 14/11 Aug 21 2006 14:45 @a/21/20686 14:38 8584146749 DEPR OGA PAGE 11/11 EXHIBIT B STATE OF FLORIDA . Page 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — License Number DIVISION OF HOTELS AND RESTAURANTS SEAT = 2330875 wenw myflorida.cam/dbpr Inapertion Date ANTT06 11:12:15 AM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with thie Notice may initiate an administrative complaint that may result in suspension of ravecation of your teense and fines, Violption{=): 2-1-1 - Requirad consumer advisory for rawuncercooked animat food not provided, REFERENCE TEXT: 3803.11 FG; Consumption of Animal Foods that ara Row, Undercooked, or Not Otherwise Processed to Eliminate Pathogens, (A) Except oa specified in Paragraph 3-401.11(C) and Subparagraph 3-401.11(0)(3) and under Pamgraph 3801.1 1(C), H ant animal food such as beef, agga, Nah, dan, milk, pork, poultry, oF shollfish [Is sarvad o¢ a6ld raw, undercocked, or without othenina being processed to eliminate pathogens, either In ready-te-rot forin af as an Ingradiant in anather ready-to-eat food, the parmit holder shall Inform consumers of he algnificantly Inerasaed risk of consuming such foods by woy of 4 disclosure and raminder, as apectiad (n paragraphs (8) and 1) of this section, uring brachuras, dell case or menu advisories, Inbal statements, table tants, placards, or other effective written maens. (8) Glsctonere shall include: (1).A description of the animal-derived foods, such as “oysters on the half shell (raw nysters)," “rew-egg Caesar nilod,” and “hamburgers (ean be cooked to ‘afeer]:" or (2) Identification of the animal-erived foods by aaterisking them to a footnote thet states that the itera ane served raw or undetegoked, or contain (or may centoin) raw erunderconked Ingredients. (C) Reminder shall indude asteriaking the antmal-derlved foods requiring dlecosure to a footngle thet states: (1) Ragarding tha safety of these ems, written information 1s avallable Upon request; (2) Consuming raw or undercooked meats, poultry, tantocd, shellfish, or wags may Increase your risk atoodborne jtmess; of (8) Conaumiag raw or undercooked meats, poultry, seafood, shellfish, or agga may increase your Tak of foodborte dines, axpectally If you have certain medical conditions." 02.05-1 - Observed ready-to-eat, potentially hazardous food prepared oneaita and frazen not prapecly dale marked, REFERENCE TEXT: 2-501. 17(A) FC: (A) Exeant as apecified In Paragroph (0) af this section, refrigerated, rendy-to-aet, potertelly hazardous food praparod and held in a foad establishment for mora than 24 hours ahall ba clearly marked to indlente the date or day by Which the food shall be consumad on the premises, sold, of discarded, bared on the temperoturé and time combinations specified balow: (1) 41 degrees Fahranhalt of lees for & maximum of 7 dave} The day of preparaiion shall be counted #9 Oay 1. 0S-09-1 - Na conspleyourty located thermometer In halding unit. OBA-28-1 - Observed food stored an fleor, 40-06-1 » Observed Ice scoop with handle in contact wih [ee, “17-081 « Laek of use of chemical test kit when using chemical sanitizer st threa-compartmant sinkfwarewashing machine, REFERENGE TEXT: 2103.11) FG: Person in Charge, The person (n charge shall ensure nat {I} Employees are properly sanitizing cleaned multiuse equipment ard wlenslis before they ara reused, through routine monitoring ‘of solution tamperature and exposure time for hot water Ranitizing, and chamleal concentration, pri, tamperatura, and axpogure tle for chemical sanitizing; 22-204 - Observed buildup of sllme In the Interior of ica machine. BE-04-1 « Observed eingle-servicd itor stored on Moor, 29-08-1 Plumbing system In disrepair, diswasher sunitezer not being dhicharged when cycle comes up REFERENCE TEXT: $205.15 FC: System Maintained In Good Repair, A PLUMBING SYSTEM shall be: (A) Repaited according to LAW: and (8) Malntained in good repair, 92-15-41 - No handwashing sign provided at 4 tondslnk used by food employees. 37-147 « Qhserved céfling in darepair. vant 37-20+1 « Rood met cleaned to bare metal prior to surfaces becoming heavily contaminated with graasa or olly sludge. 45-38¢1 « No current hood fire suppression system Inspection report avaliable. 45.07-1 - Observed misalignment of haod suppraasion system nozzles. DBPA Form HF 5022015

Docket for Case No: 06-003047
Issue Date Proceedings
Oct. 25, 2006 Order Closing File. CASE CLOSED.
Oct. 23, 2006 Joint Motion to Relinquish Jurisdiction filed.
Oct. 09, 2006 Petitioner`s (Proposed Hearing) Exhibit List filed (exhibits not available for viewing).
Oct. 09, 2006 Petitioner`s Witness List filed.
Sep. 29, 2006 Order Granting Motion to Withdraw (T. Spencer).
Sep. 28, 2006 Letter to DOAH from O. Damas-Rodriguez advising they no longer represent the Respondent filed.
Sep. 06, 2006 Motion of Thomas R. Spencer, Esq. to Withdraw as Counsel for Respondent filed.
Aug. 29, 2006 Response to Initial Order filed.
Aug. 29, 2006 Notice of Hearing by Video Teleconference (hearing set for October 30, 2006; 9:00 a.m.; Miami and Tallahassee, FL).
Aug. 29, 2006 Notice of Appearance of Counsel for Respondent and Compliance with Initial Order of August 22, 2006 (filed by T. Spencer).
Aug. 22, 2006 Initial Order.
Aug. 21, 2006 Administrative Complaint filed.
Aug. 21, 2006 Election of Rights filed.
Aug. 21, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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