Jul 20 2007 12:45 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE @4/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VS. HARRY'S OF GAINESVILLE tenes Wa ant0 Respondent. Case No. 2007028190 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitloner’), files this Administrative Complaint against HARRY'S OF GAINESVILLE, ("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 20,185 and Chapter 509, Florida Statutes. 2. Respondentis, and has been at all times material hereto, licensed by or subjact to the Jurisdiction of the Division of Hotels and Restaurants. The raspondent's business address of record Is 110 SE i ST, GAINESVILLE, FLORIDA 326016825.Tha mailing address of record is HARRY'S OF GAINESVILLE, at 110 SE 1ST, GAINESVILLE, FLORIDA 326016825. : 3. Inspection of this establishment conducted pursuant fo Sec. 509.032, Florida Statutes, revealed violations — "of the provisions of Chapter 509, Florida Statutes, and / or tha 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 Exhlblt “B", incorporated herein by referenca. ' ' 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 al an educational program sponsored by the Deparimant’s Hospitality Education Program; suspension, revocation, or refusal of a llcense Issued pursuant to this Chapter, and/or any ather relief authorized by Chapter 509, Florida Statutes, or the rulas promulgated thereto. . Signed May 11, 2007 ; Steve VonBodungen, Distriet Manager By delegation of the Director, or designea Division of Hotels & Restaurants Department of Business & Profassional Regulation GOUNSEL FOR THE DEPARTMENT: Gharles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 2113 0330 | HEREBY CERTIFY that 4 ttue and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007. — Recelved by: - Inspector's Signature . ; Operator's Signatura rt Title Title District Number: 05 Case Number: 2007026190 Form revised 10.10.06 Lleangs Number: 1102437 2010 HARRY'S OF GAINESVILLE Jul 20 2007 12:45 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE Exhibit A License Number: 1102437 License Type: 2010 PERMANENT FOOD SERVICE Gase Number: 2007028490 “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 61C, Florida Administrative Code. "NFPA" as clted herain 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 67C-1.004(5), Florida Administrative Code. “” danotas a critical violation, Itig alleged that on March 28, 2007, April 4, 2007 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. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. , . * 4,09-04-1 4-301.11(B) FC: (6) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE . SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT = WAIT STAFF GUTTING LEMONS AND PUTTING THEM ON BEVERAGE CUPS. Distriet Number: 05 Case Number: 2007028780 Form raviaed 10.10.06 Lleanse Number: 1102437 2010 HARRY'S OF GAINESVILLE a5/12 Jul 20 2007 12:45 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE §6/12 Paga 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXHI B iT B DIVISION OF HOTELS AND RESTAURANTS ~wenwimyflorida.com/dhpr CALL BACK INSPECTION REPORT LEGAL NOTICE ' Fallure to.comply with this Notice niny Initiate an adnainistrative complaint that may resol fh susperiston or revecation of your Hcense and fines, 047at/o7 02:32 PM Wong 3102437 seat GalbackinspeciionDateand Tine SSS ‘Jnspection Reason ‘Loree Number HARRY'S OF GAINESVILLE LLC FERNS THATIVE COMPLAINT Tocaniended. _(252)57 2-555 me . Area Tode/Telephone Number HARRYS SOF GAINESVILLE . ‘Busnnce Nain Tnspecdon Resiit 198 03/28/2007 Wimbar of Unit Requested Callback Date/Time , Tattle Warting Date wig se 1ST GAINESVILUE, Sze01d025 Kociess /Uiy7 sate Zip yet. Camments mations marked "Time Extension” must ba in compliance by tha Next routine inspection, ¢ faliaving item(s) have been recommended for Adminixwathve Complaint: ‘Matationt TA ‘Dbeerved employes Improperly washing hands. Less than 20 seconds & tailed to tura off faucet with papertowef . [Moteton: 124-6-1 pserved employne engage In food preparation, handle clean equipment or utensils, or touch unwrapped single-servioe tents, without washing fends. Wren changing gloves ‘Wiolatton: 09-0%-2 04-04-07 ; 5 T a — — Date Signature of Reciplant Inspector Slanatere ‘Peclptents Steve Farrel For farther Information please contact . Judy Mantgea, 555 Tite Manager 7960 Arlington Expy Ste 610 Jacksonville, Fi, 32211 f x 5558 Phone: 450972 1555 BSD 48i- 1395 /hax 904-727-555 DPR Form Hi S022-005 Jul 20 2007 12:45 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE @7/12 Page 2 STATE OF ror EXHIBIT B car “eee 102437 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTE Business Name -werumyforida.cont/dipr HARBYS SOP.GAINESVILLE CALL BACK INSPECTION REPORT tnepectton Date LEGAL NOTICE 04/04/07 02:32 PM Failore to comply with this Notice tray fiitiate an sdmfalstrative complaint that may resuft' tr suspension or revocation of your license and fines. pbsenved bare hand contact of ready-to-eat food by emplayaes and establishment has no approved Altarttative ‘Opersting Procedure in affect. Walt Staff cutting Tamers and putting them (pit bavarage cups. 2 following item(s) have bean recommended for Time Extension: fatlon: 25-04-41, . ' ‘Dtserved eingte-service tems stored on floor. Cups In storage room olation: 24-08-34, Fuulnment and erenslls not properly alr-dried, prep pang ‘Molatlon: 1429-4 bserved equipment in poor repalr, Utawer under cooking equipment (Molation: 14-33-1 berved aquipment In poor repalr. Basting brush e following Hhem(s) are in compfanes: lation: 46-OF-4 Observed. obstructed cvtte, stalre, hallways.or egress. Exit.out of kitchen fatlon: 45°35-2, ‘fh fo current heed fire suppression system Ingpadtion report avaliable, Heed suppression Is undergoting hydro text. lation: 478-03+t f bserved unlabeled epray bottle. giase cleaner fntlon: 41A-02-1 : parved tixie tem stored ky food. Glass Cleaner near ketchup # condiments ation: 32-15-1 lo handwashing sign provided at a handsink used by fagd employees. Corrected On Site, ‘Vetotton: 14-27-2 AWater treatment.device-has not been-Inspected oF serviced according-to manufacturer's instructions, Water Fiters expinadt 2/07 lolation: 12A-L2-1 ‘BBPR-Form- HR SOzeM05 Jul 20 2007 12:45 a7/26/2687 12:41 8584146749 DEPR OGA PAGE ag/ie f Page 3 _AHIBIT B Ukense Nutnber STATE GF FLORIDA SEAT 1102437 DEPARTMENT OF BUSINESS AND PROFFESIONAL REGULATION : Butineas Name DIVISTON OF HOTELS AND RESTAURANTS HARRYS SOF GAINESVILLE swwwanieflarida.com/dbpr Inspection Date CAML HACK INSPECTION REPORT . LEGAL NOTICE oqn9/t7 02:22 PM failure te comply with this Netice mty fnfttate an administrative complaint that may result in guapension or rayoeation of your Ulcense and fines, served amployes awitch from workIng with raw food ta ready-to-ent food without washing hands. Corrected On Sita. iolation: 124-10-1 ‘Bhserved foud employes touch Bere body part then engage In food preparation, handle lean aqulpment or utendlls, or tauch unwrapped singte-service items, without waehing hands, watt) fatf member touched halrthet famen, Camectad On Site, * i iolation: O9-05-1 : Jbbservad improper use.of bowl/plastic food conte iner-or-other container wit tio fhandieused to-dispense fond-that Ie not readystoveat, Walt staff dtagging-cups through fee to-fAl. fation: OBA-29-1 heared uncovered fond In holding unit/ery storage area. Potatose & creole In ‘walldn cooler lolation: OBA-26-1 ‘Pbserved raw anilinal fond storad over ready-to-eat food, Walkin Fraozer tation: O26 - rking containers of food removed fran original container nok Identified by common name, Flour, atigar & spices. ‘Wiolstion: 02-06-8 JDbaerved combined ready-to-eat potentially hazardous: food hek morethan 24-hours not date-marked according reaticst-date:of-opaning/preparation, DBPR Form HR 5022-005 arf2e/2ae7y 12:41 8584146749 Jul 20 2007 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . DIVISION OF HOTELS AND RESTAURANTS 12:46 PAGE 9/12 Page 1 ~ EXHIBIT B www.myflorida,com/dbpr FOOD SERVICE INSPECTION REPORT - LEGAL NOTICE Fallure to comply with this Netice may initiete an administrative complaint that may result in suspension or revocation af your licertsé and fines. 03/28/07 11:47 AM Bouting 1102437 SEAT inspection Date and Time Inspection Reason License Number HARRY'S OF GAINESVILLE WARNING: Ownar Name ‘Violations In the operation of your establish 882 3721555 HABBY'S OF GAINESVILLE Area Gode/Telephone Number Business Name Inspection Result 29/2007 08:00 AM OBIOT/07 Nurnber of Unite Callback Oxte/Tine, License Expiration 410 5E 1ST GAINESVILLE, $2601 Address / City / Stata / Zip / atc. ltam 03: Food Temperatures lam 532; Cert, Food Managers ftam 20: Warewashing Sanitization ttem 45: Fire Eadinguishers and Fite n Systems Daten paper dyencing, reach in esoler, 42 Deprees P. blue chamac dressing , regch Ih canter, 41 Manager Name: Steven R Farrell Certification Date: 6/17/06 Certified Sanitizer Type: Chlorine found at concentration of §0 PPM. A Claes K typa Fira Extinguisher, found invat Higher hes 8 cartiicatian date of 2707 Dagrana F, A lpas ABC type Fire Exilnguieher, found Infat ‘Soup+PHE, ataam tables/bain marie, 140 hy: National Ragistry of Food Safety alarage room hee 6 ceriifestion cata of 2A07 Dagraoa F, Professionals Blant foods, paam iebiestoaln marie, 120 Dagrees F. geusage , Mach In cooler, 29 Degeaes F, ‘] pater, ranch In cooler, 37 Oagrass F. NOTE: Items markad above with an asterisk (*) indicate a violation Inspactor’s Comments OILER/HOTWATER HEATER INFO; PE: Electric ATER CAPACITY: 100 gallons AX H20 TEMP: AX BTU: OCATION: Next to office Employees trained by Other Approved Corporate Tralning S acknowledge receipt of this Inspection form and comments. er Va : a pa? - 03-28-07 — ‘ Date : Signature of Recipient __Inspector Signature Recipient: Michael Pappas For further information plaase contact: dudy Hentges, SSS ‘Tite f ; Corporate Che! 7980 Arlington Expy Ste 610 Jacksonville, Fl. 32241 Phone: 352 972 1555 850-487-1395/Fex 904-727-5598 SOURCE STATUS PHF TEMPERATURE CONTROL "01a Approved source “03a Cold food at proper temperatures during storage, display, service,’ *03b Hot food at proper temperaiuirs, “Nac Footis properly copked/raheated *03d Foods properly cooled *04 Facilities to maintain product temperature : 705 Thermomatera provided and consplcugualy placed | F068 Potentially hazardous foods propatly thawed. | *d1b Wholesome, sound condition +02 Original container, properly labeled, date markin #214 Consumer advisory an paw/underconked oysters 702-13 Consumer advisory on rew/undercooked animal Violations markad with an eatarisk aro ertical violations. ftems marked JN are in compllanca, Items Marked OT are violations. Spacifia detatia of violation are fisted on DEPR Form HR 5022018 arf2e/2ae7y 12:41 8584146749 Jul 20 200° 12:47 DEPR OGA PAGE EXHwlT B Page 2 License Number 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 1402837 DIVISION OF HOTELS AND RESTAURANTS . www, myfloride.comidbpr FOOD SERVICE INSPECTION REPORT Business Name HARRY'S OF GAINESVILLE Inspection Date 03/28/07 11:47 AM Fellura to comply with this Notes may Initate an administrative rh 1 hey result In suspension of revecation of your license and fines. . GARBAGE AND REFUSE DISPOSAL 07 Unwrepped or potentially hazardous food not re-served 33 Containers covered, adequate numbar, Insect and rodent K0ga Food protection during storage, preparation, display, proof, emptied at proper Intarvals, cleen service, rangportation 34 Outside storage area clean, enélosure properly wel Croge-contamination, equipment, personnel, storage constructed . h0He Potential for crose-contamination; storage practices; |_STATUS INSECT ANE RODENT CONTROL damaged focd seqregsted 95a Presence of insects/rodents. Animals prohibitad Out OS Foods bandied with minimum contact, "356 Outer openings protected from Insects, rodent proof 10 In use food diapansing wensils properly stared STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL 36 Floors properly constructed, clean, drained, coved lin —_ [+14 Personnat with infections restricted 37 Walle, ceilings, and attached equipment, conatuctad, Out *12e@ Hands washed and clean, good hyglenic practices clean os (observed), altemative operating plan 98 Lighting provided as required. Flxturas shielded In *t2b Proper hygienic practices, eating/drinking/smokind 99 Rooms and equipment - vented as raquiradd evidence) STATUS OTHER AREAS a 43 Clean clothes, hair rastraints 40 Employee lockers provided and. used, clean STATUS FOOD EQUIPMENT AND UTENSILS Out 41a Toxic Items properly stored Out 14 Food contact surfacas designed, constructed, maintained, installed, located . 15 Non-lood contect surfaces designed, constructed, malntained, installed, located Out *41b Toxi¢ items labeled and used properly 42 Premises maintained, free of litter, unnecessary articles. Cleaning and maintanance equipment properly stored. Kitehen restricted to authorized personnel +46 Dishwashing facilities designed, constructad, operated 4.Wash 2, Rinse 3. Sanitize 43 Complete separation from tving/sieeping arsa, laundry "17 Thermometers, gauges, test kits provided 44 Clean and solled linen segregated and properly stored 18 Pre-fushed, scraped, soaked 19 Wash, rinse water clean, proper temperature ‘20a Sanitizing eancentratian *20b Sanitizing temperature 24 Wiping cloths clean, used properly, stored i +92 Food contact surfaces of equipment and utensils clean STATUS SAFETY Out "45 Fire extinguishers - proper and sufficlent Out +46 Exiting systam - adequate, good repalr tA? Etectrical wirlng - adequate, good rapalr | 48 Gas appliances - properly installed, maintalned *49 Flammable/combustibie materials « properly stored STATUS. GENERAL 23 Non-food contact surfaces clean PSO Current license properly displayed 51 Other conditions sanitary and safe operation Out 124 Storage/handling of clean equipment, utensils | STATUS | SINGLE SERVICE ARTICLES “STATUS #5? Falsa/misiaading statements published of advariised relating to fond/haverage "S8q Food management certification valid Out 25 Service lems properly stored, handled, dispensed 26 Single service articles not re-used In STATUS WATER AND SEWAGE/PLUMBING In "Sab Employee training valldation +27 Water sours safe, hot and cold uncer pressure 54 Florida Clean Indoor Air Act "28 Sewage and weate water disposed properly 29 Plumbing installad and maintained P30 Gross-connedtion, back sighonage, backflow 55 Automatic Gratuity Notice 56 Copy of Chapter 509, Florda Statutes, avellable STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES 87 Hospitality Education Program Information provided *31 Toilet ane! handweshing facilities, number, convenlent, ‘iqned, Install . : : eesianed, Installed Tatal Number of COS Violations: 3 Out "42 Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with handsvep, disposable towels or hand drying devices, Issue, covered waste Total Number of Rapeat Violatlons: Violations marked with an esteriak are erities! violations. hems marked IN ara Ih compliance. Itama Marked OUT are violailons, Specific detalls of Vielatlon are lated ari subsequent pages. Hems marked N/A sre Not Applicabis, lems Marked 8& IO are Not Observed, ane were not belng conducted at the tlme of inspection, DEPR Form HR 5022-076 1a/12 Jul 20 200° 12:47 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE 11/12 XH oT B pages License Number STATE OF FLORIDA SEAT 1102437 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Nami DIVISION OF HOTELS AND RESTAURANTS yg OF GAINESVI www myflorida.comdbpr \ mane bs ILLE ton te FOOD SERVICE INSPECTION REPORT Peet amor t:a7 AM LEGAL NOTICE . Fallure to comply with this Notlee may initiate an acminletrativa complaint that may reeult in suspension or ravecation of your Iicenee and fines. waringie): 44 A02-1:Obgerved toxic item stored by food. Glass Cleaner near ketchup & condiments 418-03-4:Observed unlabeled apray bottle, glass clearer 09-04s1:Obsarved bare hand contact of ready-to-eat food by employaas and eétabliehment hag no approved Alternative Cipdrating Procedure in effect, Wak Staff cutting Jemang and putting them on beverage cups. 09-05-1:Cbaarvad improper usé of Row)/plastic food container or ather contalner with ne handle used to dispans® food that is not ready-tn-eat, Wall staff dragging cups Ahrough lea ta fill. : 084-26-1:Obsarved raw animal food stored evar ready-to-aat fod, Watkin Freezer 25.04-1:Obeerved single-service items stored an floor, Cups in storage room O8A-28-1:Observed food stored an flaor. Potaloos 46-05-4:Obsarvad obstructed exits, stale, hallways or ogress, Exit out of kitchen OBA.28-1:Obaervad uncovered food in holding univfdry storage area. Potatoes & creel: In walkin cooler 02.06-1:Obearved combined ready:lo-gat patentially hazardous food held mara than 24 hours not date marked according to earliest date of ‘opening/preparallan, 124-17-1:Observad employes Improperly washing hands, Less than 20 seconds & falled to umm off faucet with paperiourel , : 02-26-1; Working containers of food removed from orginal contalner net identifled by common ABM. Flour, sugar & spices. 24.08-1:Equipment and ptanslls nol properly alr-dried, prap pans 4427-1 -Woloe {reatment device has not been inspected or serviced according to manufacturer's Instructions, Water Filters axpirad 2/07 12461061 :Observed food amployar touch bere body part then engage In food preparation, handle clean equipment or wlaneits, of touch unwrapped elngle-cervice Items, without washing hands, Walt staff member touchad hair hen lemon. Corrected On Bile, 42,4-12-TiObserved amplayne awiteh from working with raw food to raadystoreat food without washing hands, Corrected On Sita. {4035-1:Obaerved equipment tn poor repalr, Drawer under cooking equipment 14-33-1:Observed equipment In poor repair. Gasting brush DBPR Form HR 5022-015 Jul 20 200° 12:47 arf2e/2ae7y 12:41 8584146749 DEPR OGA PAGE 12/12 EXHIB]! B ciconce wma STATE OF FLORIDA SEAT 11024: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name ld , DIVISION OF ote Ne RESTURANTS HARRY'S OF GAINESVILLE | Inspection Date FOOD SERVICE INSPECTION REPORT : 4 LEGAL NOTICE Oaf2e/0? 11:47 AM Fallura to comply with this Notics may Initiate an administrethye complaint that may resutt In siiepansion or revocation of your license and fines, 32-15-1:No handwashing aign provided ata Randsink used by food employess. Corrected On Sita. 45-36-4:Ne current hood fira suppreselon system Inspection réporl available, Hood suppraselén is undergoing hydro ast. 72A=16-1:Cbserved employe engage in food preparation, handla claan equipment or utensils, or lauch unwrapped singla-service Items, without washing hands. When changing gloves: DBPR Form HR 8022-015 :

Docket for Case No: 07-003374