. . . j lead ~- tay Be — O1-17100 “ED STATE OF FLORIDA ” DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4 £ ; DIVISION OF HOTELS AND RESTAURANTS i 4 > DEPARTMENT OF BUSINESS AND | , h IS fi OF PROFESSIONAL REGULATION , colt a / ye Petitioner, vs. : ‘BRUNCHERY RESTAURANT & CATERING — /oo"se we2010 Respondent. Case No. 2008067208 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against BRUNCHERY RESTAURANT & CATERING, ("Respondent"), and says: 1. 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 py or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record Is 16706 NORTH DALE MABRY HWY, TAMPA, FLORIDA 33618. The mailing address of record |s BRUNCHERY RESTAURANT & CATERING, at 2901 N, DALE MABRY HWY-#2207, TAMPA, FLORIDA 33607-2481. 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 violatian(s) found and applicable law are described In Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "8", 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, Ay Signed December 42, 2906 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, 0163831 Depariment of Business & Professional Regulation * 1940 North Monroe Street = tified Article Number - Tallahassee, Florida 32399-1007 . . CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: SENDERS RECORD | HEREBY CERTIFY that a true and correct ‘copy of the fofegaing 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: 2006067206 : : District Number; 03 License Number!-3915453 2040 Form revised 10.10.06 BRUNCHERY RESTAURANT & CATERING Exhibit A License Number: 3915453 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2006067206 ’ FC as cited herein references specific provisions of the Food Cade, 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 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. * denotes a critical violation, Itis alleged that on August 21, 2006, November 22, 2008 the licensee was in.violation of Florida Statute 609(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the reports) for the above referenced Inspectlon(s) are attached hereto and incorporated by reference as Exhibit B. * 4.08A-28-1 3-305.11 FC:; FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT {S NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY: BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC GRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR IN THE WALKIN COOLER. * 2A, 1208-1 81C-4.010(1)(E) FAC! (4)(E) A COPY OF THE WRITTEN OPERATIONAL _ PROCEDURES MUST BE MADE AVAILABLE IN EACH FOOD ESTABLISHMENT AT ALL TIMES FOR USE BY THE PERSON IN CHARGE AND FOR REVIEW BY THE REGULATORY AUTHORITY UPON REQUEST. THE OPERATIONAL PROCEDURES MUST BE REVIEWED BY: THE OPERATOR ANNUALLY AND MODIFIED AS NECESSARY, A VERIFICATION OF THE ANNUAL REVIEW MUST BE RECORDED AS PART OF THE WRITTEN PROCEDURES. ESTABLISHMENT DOES. NOT HAVE A WRITTEN COPY OF THEIR APPROVED ALTERNATIVE OPERATING PROCEDURE FOR BARE-HAND CONTACT WITH READY TO EAT FOOD. * 2B, 12A-08-1 61C-4,010(1)(D)(5) FAG:: -(1)(D)(5) THE OPERATIONAL PROCEDURES MUST PROVIDE AN EFFECTIVE WAY TO MONITOR EMPLOYEES' TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THE FOOD CODE AND THE SPECIFICATIONS OF THE WRITTEN PROCEDURES. THE WRITTEN PROCEDURES MUST DESCRIBE THE CORRECTIVE ACTIONS THE OPERATOR MUST TAKE WHEN PROCEDURES ARE NOT FOLLOWED. ALL EMPLOYEES’, INCLUDING THE OPERATOR, MANAGER, OR ANY SUPERVISORY POSITION, WHO HANDLES READY-TO-EAT FOODS WITH BARE HANDS MUST COMPLY WITH ALL REQUIREMENTS OF THE FOOD CODE AND THE ESTABLISHMENT'S WRITTEN OPERATIONAL PROCEDURES, PERSON IN CHARGE NOT MONITORING EMPLOYEES REGARDING ALTERNATIVE OPERATING ‘PROCEDURE FOR BARE-HAND CONTACT WITH READY TO EAT FOOD. * 3.27-16-1 — 6-202.12(A) AND (B) FC::, HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE MAY NOT BE USED AT A‘HANDWASHING LAVATORY. HOT WATER NOT PROVIDED/SHUT OFF AT EMPLOYEE HAND WASH SINK IN BOTH REST ROOMS. * denotes critical violation : Co District: 03 Case Number: 2006067206 License Type: 2010 License Number: 3915453 : : File Number: 172755 BRUNGHERY RESTAURANT & CATERING Exhibit A - 4, 13-03-41 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (8) 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 A 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. * denotes critical violation District: 03 Case Number. 2006067206 _ License Type: 2010 License Number: 3916453 : File Number: 172755 BRUNCHERY RESTAURANT & CATERING Page 1 . STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - DIVISION OF HOTELS AND RESTAURANTS _ Www. mnyflantda.coni/dbpr FOOD SERVICE INSPECTION REPORT : ; . . LEGAL NOTICE , : Fallure to comply with this Notica may initiate an administrative complaint that may result in suspension or ravacation of your license and fires. 08/21/06 08:27 AM Routine _. garsasa SEAT Inspaction Date and Time {nspactlon Reason : License Number . AS HYDE PARK INC WARNING: . Owner Name Violations fn the operation of your establish S130648143 BRUNCHERY RESTAURANT & CATERING must be corrected by: Area Code/Telephone Number Business Name . tnspection Result . ‘ : A 11/21/2006 OB:00 AM 20107 Number of Units Callback Date/Time License Expiration 15706 NORTH DALE MABRY HWY ‘ "_TAMPA, 33618 Addrass / City / State / Zip / etc. . Item 03; Food Temperatures item 53a: .Gert. Food Managers Item 20; Warewashing Sanilization: n A A Head Suppresaton type Fire Extinguisher, found frvat Kitchen hes # cenification date cl 308 A Clase K type Fir Exilngutshor, found Inat Kitchan hes a certification date of /06A Clara. ABC type Fire Extinquishar, found Infnt cfiriag roam has a certification dota of 2/08 Roady ta eat-PHF, walk In cooler, 34 Dagrees F, Ready to oat-PHF, walk in coolar, 34 Dagraes F, Ready to et-PHF, reach in canler, 34 Degrees Routly to aat-PHF, mach in cooler, 34 Dagreas F Roody to eat-PHF, roach in cootar, 34 Dagreea F : Raady to eal-PHP, roach In cooler, 34 Ongrees _ | Plant fooda, steam tableshain maria, 153 Dagrogs F.Cut Matons, cook line, 36 Dagrens F, Dalty products, ranch in cooler, 37 Degrees F, NOTE: Items marked above with an asterisk (*) Indicate a viclation Inspector's Comments : ALL 1 866 372 7233 TO SIGN UP FOR CERTIFIED FOOD MANAGER TEST AND TO ORDER EMPLOYEE TRAINING MATERIAL unicipal/Utillty. Sewage: Municipal/Utllity. Provided Web Site: www.myllorida.com/dbpr ‘ S Water Source; | acknowledge receipt of this Inspaction farm and comments, 08-21-06 . . Signature of Recipient Inspector Signature Date Recipient; Symantha Ferm . For further Infarmation plesse contact: Title y Rich Decker , warker 850 487 1305 Phone: 964 8143 STATUS SOURCE STATUS . PHF TEMPERATURE CONTROL *03a Cold food at proper temperatures during storage, display, service, . [in *0ib Wholesome, sound condition *02 Original container properly labeled, date marking *03b Hot food at proper temperawre a : ry on raw/undercooked oysters In ‘03c Foods properly cooked/reheated Jou _—_—‘f*02-13 Consumer advisory on raw/undercooked animal | N/O “03d Foods properly cooled : [__ (04 Facies to maintain productiempersture | Pf *05 Thermometers provided and conspicuously placed =~ "O65 Potentially hazardous foods properly thawed Violations marked with an asterisk are critlcal violations, ligms marked IN are in compliance. (tems Merked OUT are vlofations. Specific detalls of violation are IIsted on *Ota Approved source | OBPR Form HR 8022-016 . . STATE OF FLORIDA .. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wew.myfiorda.comidbpr — - FOOD SERVIGE INSPECTION REPORT EXHIBIT B License Number SEAT 3915453 _ Business Name Inspection Date TIGE 08/21/06 08:27 AM ; LEGAL Nt Fallure to comply with this Notice may Initiate an administrative Complaint that may result in suspension or ravecatlon of your license and thes. PHF TEMPERATURE CONTROL In "07 Unwri Wrapped of potentially hazardous food "08a Food protection during storage, preparation, alsplay,* service, transportation not re-served j GARBAGE AND REFUSE DISPOSAL 33 Containers covered, adequate number, Insect andsodent ‘proof, emptied at proper intervals, clean’ 34 Outside storage area clean, enclosure properly OBb Cross-contamination, equipment, personnel, storage constructed "08c Potentlal for cross-contamination; storage practices; jdamaged food segregated 09 Foods handled with minimum contact PERSONNEL "14 Personnel with infections restricted "12a Hands'washed and clean, good hyglanic practices (observed), alternative operating plan 37 Walls, callings, and tached Hequlpment, constructed, clean fovided as required, Fixtures shlelded “2b Proper hyglenle practices, ealing/drinking/smoking . (evidence) I39 Rooms and equipmant - vented as required OTHER AREAS 13 Clean clothes, hair restraints 440 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS 448 Toxic Items properly stored” 14 Food contact surfaces designed, constricted, malntatned, Installed, located * 15 Non-food contact surfaces designed, constructed, fmaintalned, Installed, located “17 Thermometers, gauges, tast kits provided 42 Premises maintained, free of Uttar, unnaceesary aries, Cleaning and maintenance equipment properly stored, Kitchen restricted to authorized personne! SAFETY 18 Pre-flushad, scraped, soaked {*45 Fira extinguishers ~ proper and sufficient — 19 Wash, rinse water clean, proper temperature P46 Exiting sysism - adequate, good repalr "20a Sanitizing concentration "20b Sanitizing temperature 21 Wiping cloths clean, used properly, storad + 47 Electrical wiring - adequate, good. repair 48 Gas appliances - properly installed, maintained "22 Food contact surfaces of equipment and utensils clean 23 Non-food contact. surfaces: clean 24 Storage/handiing of claan equ pment, utensils 49 Flammable/combustible materlals - properly stored SINGLE SERVICE ARTICLES: 25 Service Items proparly stored, handled, dispensed 26 Single service’articles not re-usad WATER AND SEWAGE/PLUMBING STATUS |. GENERAL : °60 Currant licansé properly displayed : Out 54 Other candillons sanitary and safe operatlon "52 False/misisading statements published or advertised ralating to food/beverage Out "53a Food management certification valid Out "53b Employee training validation ‘27 Water source safe, hot and cold under pressure. 54 Florida Clean Indoor Air Act 55 Automatic Gratuity Notice 29 Plumbing Installed and maintained Out {sd “28 Sewage and waste water disp osad:proparly £30 Cross-connection, back siphonage, backflow 56 Copy of Chapter 509, Florida Statutes, avaliable GENERAL | STATUS TOILET AND HANDWASHING FACILITIES #31 Toilet and handwashing facllitles, number, conventent, designed, installed "32 Restrooms with self-closing doors, fixtures operate properly, facility claan, supplied with handsoap, disposable towels ar hand drying davices, tissue, covered waste 57 Hos} tal Education Program Information provided ‘Total Number af COS Violations: Total Number of Rapeat Violations: Violations marked with an asterisk afe critical violations, Items merked IN are in compliance. ams Marked OUT are violations, Specific detaits of viotation are-listed on subsequent pages, Items marked N/A are Not Applicable. tems Marked as N/O are Not Observed, and were riot belng conducted al the tima of lnspecilon, DBPR Form HR 5022-018 BRUNCHERY RESTAURANT & CA, sens EXHIBIT B License Number STATE OF FLORIDA SEAT 3918453 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Bu cinese Name DIVISION OF HOTELS AND RESTAURANTS ’ www myfirida,com/depr BRUNCHERY RESTAURANT & CA Inspection Date FOOD SERVICE INSPECTION REPORT 08/21/06 08:27 AM LEGAL NOTICE Fallure ta comply with this Notice may Initlata an admintetrative complaint that may reeult In suspension or revocation of your licanse and fines. Wamina(s): 13-03-4:;Observed employee with no halr restraint. 36B-03-1:Outer openings not protected with self-closing doors, 41A-02-1:Observed loxic Item stored by food, 38-11-1;Floors no! maintelned smooth and durable, Tiles missing by back door area ‘ 08A-28-1:Ohsarved fond stored on floor, cooler, ‘ , 83A-01-1:Manager lacking proof of Food Manager Cerllfication, 53B-08-4:No proof of required employee training provided, All public foad service establishments must provide the division with proot of employes training upon request, including, but not tmited to, at the time of any division Inspection of the ostablishment, . 02-13:Consumer advisary on rawhindercookad animal products 424-118-1 Establishment does not have a weltian copy af thelr appreved Altamative Operating Prosadure for bare-hand contact with ready-Io-eat food, 42A-06-1:Person fn charge not monitoring employees regarding Alternativa Operating Procedure for bare-hand contact ‘wth readysto-oat food, 61-11-1;Carbon dloxide/halium tanks not adequately secured, . : uf . 36-07-1:0bserved carpeting Installed fn an Improper location, dry storage. 27-16+1:Hot water not provided/shut aff at employee hand wash sink In both rest rooms, REFERENCE TEXT; 5-202,12(A) and (B) FC; Handwashing Factilly, Installation, (A} A handwashing lavatory shall be equipped to provid waler at a temperature of at least 100 degrees Fahrenhalt through a mixing valve ar combinatlon faucet, (B) A steam mixing valve may nal ba used al a handwashing lavatory, DBPR Form HR 5022-015 . STATE OF FLORIDA ; . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ‘ wow. myflorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Fatlure to comply with this Notice may initiate an administrative complaint that may result In suspension or revocatlan of your license and fines. 11/22/06 08:35 AM ‘ ” Warning : 39154530 CSEAT Callback Inspection Date and Time Inspection Reason License Number ASHYDE PARICING. ADMINISTRATIVE COMPLAINT 8138648143 Owner Nama recommended, . Area Code/Talephone Number BRUNCHERY RESTAURANT & CATERING : ‘ : Business Name Inspection Result 74 . ‘ . 08/21/2006 Number of Units .Requestad Callback Date/Time initial Waring Date 18708 NORTH DALE MABRY HWY "_TAMPA, 33618 Addrass / City / Stala / Zip / atc, Comments he following kam(s) have buen recommended for Administrative Complatnt: Nolatlon: 36-07-1 . bserved carpeting installed In an Improper location, dy slorage, Nolation: 358-03+4 ute openings Not protactad with self-closing doors, Viteton: 27-161 lol water not pravided/shul off at employee hand wash sink in both restrooms, 11/22/08 Data Signature of Reciplent : Inspector Signeture Recipient: Samantha Farmer For further Information pleese contact: * Rich Decker Tile server Sr Sanitatatlo & Safety Spec 3726 W Grace St, 620 Phone: 964 8143 ° Tampa, FL 33607 BSC 487 1395 _ DBPR Form HR 6022-005 . . : EXHIBIT B Paga 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT . 3915457 DIMSION OF HOTELS AND RESTAURANTS Business Name ‘Wwenwuamyfarida.com{dbpr BRUNCHERY RESTAURANT & CATERING a Inspection Date CALLBACK INSPECTION REPORT LEGAL NOTICE : 11/22/06 08:35 AM Fallura to comply with this Notice may Initiate an administrative complaint that may result In suspansion or revocation of your ticanse and flies, fatlan; 13-03-41 bserved employee with no halr restraint. fiofation: 12A-08-1 istablishment does not have a weillen copy of thelr approved Altemalive Operating Procedure for bare-hand contact with ready-to-eal food. jolatton 12A-06-1 , co etson ii charge not monitoring employees regarding Altematlve Operaling Procedure for bara-hand contact with ready-to-eat food." lolation; O8A-28-1 served food storad an flear, cooler, @ fallowing Itamn(s) are In compliance: - Violation; 83B-08-1 lo proof of required employes {raining provided, All public food servica establishments must provide the division with proal of amployee training upon request, Including, but ot limled to, at the time of any divisten Inspoction of the Sstablishment. . lolation: S3A-O4-1 anager lacking praat of Food Manager Certification, lotation: 51-11-1 ‘ ‘arbon dioxdemetum (anks not adequately secured, jalation: 41A-02-1 . . , . . served toxic flam stored by food, jolatlon: 36-4161 lors not maintained smooth and durable. Tiles missing by back door ares lotatlon: 02-13 ° . ‘ ' jonsumar advisory on raw/undercooked animal products . OBPR Form HR 5022-005 REQUEST FOR ADMINISTRATIVE COMPLAINT Business Name: / License Numb} G . : Bhinchte . : BF) aa Xs3 Owner: License Type. (such ag 2010} , ra hn Inspector Area > Number D3st- Terie manage. D958 = Va22 Ownership (& Mailing Addr. if Possible) Ver : ; Inspection Data Entry Verified by: a Inspection, Type — Routine, Complaint, CB, On-Stip | a oe y ae et Case Data, . “Offender § Status: 7] Researched by: es DS Number of Violations: 7 | Critical: Non-Critical: J | Fine corona 0 Violations Gombineg” YAN | Viol: Nos, Combined for H&R Stats Notes Box: |ZA-US 1 Aahbe-l Exhibit A Dates (Include adequate inspection dates to show compliance with division warning polic Ch Steere) Z _ § fife wy li fer[ve eee , ee Supensor . seas [or CD District Manager lolation: 13-03-14 Dbserved employee with no hair restraint. abtishment does not have a writlen copy of Iheir approved Altematlve Operating Procadure for bare-hand contact with ready-lo-eal food, folation: 12A-06-1 Parson In charge not monitoring employees regarding Altemetive Operating Procedure for bare-hand contact with ready-to-eat food, lolation; O8A-28-1 . M safe. wal Kin Dbsarved food stored on neorpcbder. Stay: GaSe PNSWUY WV UERONIE ORE CoH! GLa LUS T OE IN OUST rs Ur ry erty metres soe are Page 1 of . / -| Revised 07.17.06

Docket for Case No: 07-001700