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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs LA CHINA, 07-004816 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004816 Visitors: 1
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 laf22/28e87 12:46 8584146749 DEPR OGA PAGE 3/11 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 laf22/28e87 12:46 8584146749 DEPR OGA PAGE @4/11 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 laf22/28e87 12:46 8584146749 DEPR OGA PAGE 46/11 Page 1 STATE Of FLORIOA DEPARTMENT OF BURINERS ARE PROFESSIONAL REGULATION BIVISTOR OF HOTELS AND RESTAURANTS wreninyforide.com/dipr + 7 la em, fear Oey FOO SERVICE INSPECTION REPORT | 8 LEGAL NOTICE Fairs to comely wha le Rosie may Rint en ndrlastrative complet tat may Math et me fof Ponr Rename and Ten aan AF ea io 05/23/07 04:59 PM Rovtiins O7 ie . seAT InecorGkandte pon a Tnber LA CHINA GROUP CORP ‘Samer Harne Lt 4072079676 WCiNA Arex Gode/Telephone Number Boake Nari: Hunioer of Unb Deora ipratscn 6473 8 CHICKASAW TRAIL cookie! Hoa, Mont hid, 25) Darna, Manager Narie: Shyer Yip Cottication srmposte, 3 Saya Date: 2-20-13 Cored by National Reales rent Frid, onok st, 4. agree F of Pood Safety Profeanionale mad, walk in cokers $3 Dania mariced aberen wikis aa dis i) Inepector's Commonte jaiet Source: MUNKIpaVULRRY, SeWroge: Muniipayinamy. Empkpess Gained by serve Sate Tacknowledga Focuipt of thie nagrection Horr mana comhanaatan. OF 7217 y, j HTH Trapector Signature Date Reciglent: on or acihiens Por further information plasse contact: : Steven. ‘Alforiee 1, Rute ™ Baneger Pasa _Specialat I 900 W Ainbingon 2. Ste BO2N Orlando, F 32809 Phone: 407-207-8678 y Re RCE " RAT ORI 20Ga Cold food Rt proper ténivaerstured during storage, diepiny, service, tranaport, and cold hokding "Od TCahiiar Siveay on enone Spot met Ory on riw/lndercocned animal protucts BFR Form HR 2022-016 Oct 22 2007 12:54 laf22/28e87 12:46 8584146749 DEPR OGA PAGE 7/11 Paga x License Number STATE OF FLORIDA SEAT = BRANDS? DEPARTMERT OF IATA? AND PROFESSIONAL REGULATION Bunirers Nate DIVISION OF HOTELS AND RESTAURANTS. vrrwanyfiorida.com/dbpr EXty IB 7 sneton Ot FOOD SERVICE INSPECTION REPORT uss MOTICE OSLO? a1:58 Pea LEGAL Fatture to comply with thle Hotice muy eldate an adirrinletrative complaint thet mur cent ie auepenalon or fevecrdes of your Doemen and flees. 3 Containers covered, adaquate umber, fgoct and roo ‘7 Unwire Potentially RAPArHS reed oped OF " sod at ee lorocd, empied at piper intarvale, clan Pe Food protection during ftaripo, praparstion, dierday, rarvicn, traneportation “ode Pobnitial for crew-onntemination; storkge practi, dnineed food segregates FOG Foods handled with mirimurn contact jou _([io in ese food ¢ pensing Utensils property

Docket for Case No: 07-004816
Issue Date Proceedings
Dec. 14, 2007 Order Closing File. CASE CLOSED.
Dec. 13, 2007 Joint Motion to Relinquish Jurisdiction filed.
Dec. 06, 2007 CASE STATUS: Hearing Held.
Nov. 15, 2007 Petitioner`s Witness List filed.
Nov. 15, 2007 Petitioner`s Exhibit List filed.
Oct. 30, 2007 Order of Pre-hearing Instructions.
Oct. 30, 2007 Notice of Hearing (hearing set for December 6, 2007; 9:00 a.m.; Orlando, FL).
Oct. 29, 2007 Response to Initial Order filed.
Oct. 23, 2007 Initial Order.
Oct. 22, 2007 Election of Rights filed.
Oct. 22, 2007 Administrative Complaint filed.
Oct. 22, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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