Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: LA CHINA
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Oct. 22, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 14, 2007.
Latest Update: Jan. 27, 2025
Oct 22 2007 12:53
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
: License No, 5811292
LA CHINA Re: dent , License Type 2010
Spongent Case No. 2007035643
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (“Patitioner’), files this Administrative Complaint against LA CHINA, ("Respondent’), and
says:
1, Petitioner ig the state agency charged with requiating the operation of public lodging establishments and
public food service establishments, pursuant to Section 20.163 and Chapter 509, Florida Statutes.
2, Respondent Is, and has been at all times material hereta, licensed by or subject to the jurisdiction of the
Division of Hotels and Restaurants. The respondent's business address af record is 6473 S CHICKASAW
TRAIL, ORLANDO, FLORIDA 32829. The Malling address of record is LA CHINA, at 6473 S CHICKASAW
TRAIL, ORLANDO, FLORIDA 32829.
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 incorparated herein by reference, Inspection documents are attached as Exhibit "B’,
incorporated herein by reference.
WHEREFORE, Petitloner 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 therata,
Signed June 20, 2007
A
. Valerie. Freeman, District Manager... . .. ey we tee ceeeeeeete
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, 0153831
Department of Business & Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
THEREBY CERTIFY that a true and correct copy ©
hand served by me on this, day of
{the foregoing ADMINISTRATIVE COMPLAINT has bean
, 2007,
Recaived by:
Inspector's Signature Operator's Signature
Title Title
Gase Number: 2007035643 Distrist Number: 04
License Number; 5811292 2070 Form ravined 10.40.06
LA CHINA
Oct 22 2007 12:53
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Exhibit A
License Number: 5811292
License Type: 2010 PERMANENT FOOD SERVIGE
Case Number. 2007035643
FC as cited herein references specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Faod and Drug Administration, incorporated by Chapter 61, Florida Administrative
Code. NEPA 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 May 23, 2007 the licensee was if violation of Florida Statute 509(FS) and/or the Rules of
the Divisian of Hotels and Restaurants, Florida Administrative Cade (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.
* 4024061 4602.14(C) FC: (C) BULK FOOD THAT IS AVAILABLE FOR GONSUMER SELF-
DISPENSING SHALL BE PROMINENTLY LABELED WITH THE FOLLOWING INFORMATION IN PLAIN
VIEW OF THE CONSUMER: (1) THE MANUFACTURER'S OR PROCESSOR'S LABEL THAT WAS
BROVIDED WITH THE FOOD: (2) A CARD, SIGN, OR OTHER METHOD OF NOTIFICATION THAT
INCLUDES THE INFORMATION SPECIFIED UNDER SUBPARAGRAPHS (B)(1), (2), AND (5) OF THIS
SECTION.
BULK FOOD WAS NOT PROPERLY DATE MARKED, (PROCESSED CHICKEN, NOODLES, AND PORK
INSIDE THE WALK-IN COOLER},
2. OBA-22-1 3-302.11(A)(1) FG: (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION,
HOLDING, AND DISPLAY FROM; (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL
FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT
FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-BAT FOOD:
THERE WAS IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT ,
FOODS, RAW EGGS WERE STORED NEXT TO COOKED NOODLES INSIDE THE WALK-IN COOLER.
* denotes critical violation District o¢
Case Number, 2007035643 : License Type: 2010
File Number: 186488
License Number: 5811292
LA CHINA
Oct 22 2007
laf22/28e87 12:46 8584146749 DEPR OGA PAGE 5/11
Exhibit A
License Number, 5811292
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2007035643
FC. as cited herein references specific provisions of tha Food Gade, Recommendations of the United States
Public Health Service, Food and Drug Administration, incerporated 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 61G-1,004(5), Florida Administrative Code. ‘
* denotes a critical violation.
itis alleged that on May 23, 2007 the licensee was in violation of Florida Statute 509(FS) andor the Rules of
the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the fallowing particulars.
Copy(s) of the repart(s) for the above referenced inspection(s) are attached hereto and incerporated by
reference as Exhibit B.
* 1.0240 S4902.11(C) FG?) (C) BULK FOOD THAT |S AVAILABLE FOR CONSUMER SELF-
DISPENSING SHALL BE PROMINENTLY LABELED WITH THE FOLLOWING INFORMATION IN PLAIN
VIEW OF THE CONSUMER: (4) THE MANUFACTURER'S OR PROCESSOR'S LABEL THAT WAS
PROVIDED WITH THE FOOD: (2) A CARD, SIGN, OR OTHER METHOD OF NOTIFICATION THAT
INCLUDES THE INFORMATION SPECIFIED UNDER SUBPARAGRAPHS (8)(1), (2), AND (8) OF THIS
SECTION.
BULK FOOD WAS NOT PROPERLY DATE MARKED. (PROCESSED CHICKEN, NOODLES, AND PORK
INSIDE THE WALK-IN COOLER}. .
2, 0BA-22-1 3+-302.11(A)(1) FC: {A} FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, FREPARATION,
HOLDING, AND DISPLAY FROM; (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL
FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT
FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD;
THERE WAS IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL, FOODS AND READY-TO-EAT
FOODS. RAW EGGS WERE STORED NEXT TO COOKED NOODLES INSIDE THE WALK-IN COOLER.
* denotes critical violation ui ee ae
. 7035643 : icense Type:
ance Hint File Number: 188486
License Number; 5814292
LA CHINA
Oct 22 2007 12:54
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Page 1
STATE Of FLORIOA
DEPARTMENT OF BURINERS ARE PROFESSIONAL REGULATION
BIVISTOR OF HOTELS AND RESTAURANTS
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Trapector Signature
Date Reciglent: on or acihiens Por further information plasse contact:
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Orlando, F 32809
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BFR Form HR 2022-016
Oct 22 2007 12:54
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