Apr 12 200? 12:04 @4/12/28e87 @e:59 8584146749 DEPR OGA PAGE @4/a7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND ‘PROFESSIONAL REGULATION Patitioner, vs. . License No, 6009362 SAPPORO JAPAN | ondent Lisense Type 2010 i . Case No. 2007013363 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SAPPORO JAPAN, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public fodging 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. Tha respondent's business address of record is 1801 PALM BCH LAKES #890, WEST PALM BEACH, FLORIDA 33401.The mailing address of record is SAPPORO JAPAN, at 1807 PALM BCH LAKES #890, WEST PALM BEACH, FLORIDA 33401. 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 eniry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory atlendance 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 ths Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or | ules prom@lqa hereto. Signed March 09, 2007 Ken Buck, 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 Attomey Florida Bar No. 0153831 Department of Business & Professional Requlation 7940 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 200 hand served by me on this, day of Received by: Inspector's Signature Operator's Signature Title Tithe Case Number, 2007013363 District Number. 02 License Number: 6908362 2010 . Farm revised 10.10.06 SAPPORO JAPAN Apr 12 200? 12:04 Q4/12/2087 88:59 8584146749 DEPR OGA PAGE 85/87 Exhibit A License Number: 6009362 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007013363 “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 81C, 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, “" denotes @ critical violation. It is alleged that on December 14, 2006, February 21, 2007 the licensee was in violation of Florida Statute 508(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 hereta and Incorporated by reference as Exhibit B. * 4,02-13-1 3-603.11 FC:; CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOQKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH |S SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, E!THER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TASLE TENTS, PLAGARDS, OR OTHER EFFECTIVE WRITTEN MEANS, (B) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS),” "RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER):” OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION (5 AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. OBSERVED CONSUMER ADVISORY ON RAW/ UNDERCOOKED ANIMAL PRODUCTS NOT POSTED. District Number: 02 Case Nurnber: 2007013363 Form revised 10.70.08 Licence Number: 8009362 2010 SAPPORO JAPAN Apr 12 200? 12:05 DEPR OGA PAGE 86/a7 @4/12/28e87 @e:59 8584146749 THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD !3 THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. : OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED IN AN IMPROPER MANNER... THAWING CHICKEN AND PORK AT ROOM TEMPERATURE, LARGE QUANTITY OVER TWO HUNDRED (200) POUNDS. 3. 10-08-1 —3-304.12(A) AND (B)FC:; DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISFENSING UTENSILS SHALL BE STORED: (A} EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, IN THE FOOD WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD AND THE CONTAINER: {B) IN FOOD THAT IS NOT POTENTIALLY HAZARDOUS WITH THEIR HANDLES ABOVE THE TOP OF THE FOOD WITHIN CONTAINERS OR EQUIPMENT THAT CAN BE ’ CLOSED, SUCH AS BINS OF SUGAR, FLOUR, OR CINNAMON; OBSERVED ICE SCOOP WITH HANDLE IN GONTAGT WITH ICE....FRONT LINE, 4, 13-03-1 2-402.11 FO: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES, (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT 4 MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS: AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT, §.14-50-1 4-107.11 FC: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL, BE: (A) SAFE; (B) DURABLE, CORROSION. RESISTANT, AND NONABSORBENT: (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE: AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED A NON-FOOD GRADE BASTING BRUSH USED IN FOOD, Oase Number: 2007013363 District Number: 02 License Number, 6008362 2010 Form revised 10.40.08 SAPPORO JAPAN Apr 12 200? 12:05 Q4/12/2087 88:59 8584146749 DEPR OGA PAGE 87/87 * 6,.20A-09-1 4-501.114(A) FC: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION » TEMPERATURE, FH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 GFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MGIL AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS}; 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 R LESS.) OBSERVED CHLORINE SANITIZER NOT AT A PROPER MINIMUM STRENGTH FOR MANUAL WARE WASHING....0 PPM. 7.21-18-1 4401.16 FC:: SPONGES, USE LIMITATION. SPONGES MAY NOT BE USED IN CONTACT WITH CLEANED AND SANITIZED OR IN-USE FOOD-CONTACT SURFACES. A. OBSERVED SPONGE VSED AS A WIPING CLOTH ON A FOOD-CONTACT SURFACE, B, OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. * 8.22-19-1 4.80212 FCG:: COOKING AND BAKING EQUIPMENT. (4) THE FOOD-CONTACT SURFACES OF GOOKING 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(0)(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 MICRO-WAVE SOILED. 9. 23-061 4-601.11(G) FG:; (C) NONFOOD-CONTACT SURFAGES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEGRIS. OBSERVED BUILD-UP OF FOOD DEBRIS, DUST OR DIRT ON NON-FOOD CONTACT SURFACE,,,.SIDE OF FRYER, STOVE TOP, WALL BEHIND STOVE RANGE AND FLOOR BEHIND STOVE RANGE. * 10.28-17-1 5-402.13FC:. CONVEYING SEWAGE, SEWAGE SHALL BE CONVEYED TO THE POINT OF DISPOSAL THROUGH AN APPROVED SANITARY SEWAGE SYSTEM OR OTHER SYSTEM, INCLUDING USE OF SEWAGE TRANSPORT VEHICLES, WASTE RETENTION TANKS, PUMPS, PIPES, HOSES, AND CONNECTIONS THAT ARE CONSTRUCTED, MAINTAINED, AND OPERATED ACCORDING TO LAW. OBSERVED IMPROPER MOP WATER DISPOSAL AT FLOOR ORAINS/ SINKS IN KITCHEN FLOOR AND! OR FOOD PREPARATION AREA. * 944.30-07-1 5-204.12 FC:; BACKFLOW PREVENTION DEVICE, LOCATION. A BACKFLOW PREVENTION DEVICE SHALL BE LOCATED SQ THAT IT MAY BE SERVICED AND MAINTAINED. OBSERVED BACK FLOW DEVICE NOT LOCATED FOR CONVENIENT SERVICE GR MAINTENANCE ACCESS. Case Number: 2007013363 : District Number: 02 License Number: 6009362 2010 Form revised 10.10.06 SAPPORQ JAPAN

Docket for Case No: 07-001671