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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs TAVERNA EROS, 07-005759 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005759 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: TAVERNA EROS
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Dec. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 15, 2008.

Latest Update: Jun. 17, 2024
Dec 20 2007 14:54 12/26/2887 14:58 8584146749 DEPR OGA PAGE 3/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : License No, 6019237 TAVERNA EROS ” “License Typa 2010 : Respon ent. Gase No, 2007061883 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint agalnst TAVERNA EROS, (‘Respondent’), and says: . “elt 4. Petitloner is the state agency charged with requlating the operation of public lodging establishments and public food service establishments, pursuarittd'Section 20.165 and Chapter 509, Florida Statutes. 2. Raspondent ts, and has been at all times material hereto, llbensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 8 E ATLANTIC AVE, DELRAY BEAGH, FLORIDA 33444. The mailing address of record is TAVERNA EROS, at 8 E ATLANTIC AVE, DELRAY BEACH, FLORIDA 33444. Oo Le : : 3. Inspection of this establishment conducted pursilant to Sac, 509.022, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violatlon(s).found ard applicable law are described in Exhiblt"A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by reference. B WHEREFORE, Petitioner respectfully requests entryof an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 par offense; mandatory attendance at Respondant's exparise at an aducational program sponsored by thé Department's Hospitality Education Program; suspension, revocation, or refusal of a license {pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, ‘o (es promulgated therate. Signed Novernber 13, 200; roan COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney . Florida Bar No. 0163824 a ate Department of Business & Professional Regulation 1940 North Monroe Street ; Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE . . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER;.,, 4 LL THEREBY CERTIFY that 2 true and correct cop he foregoing: ADMINISTRATIVE COMPLAINT has been n : 2007. hand served by me on this. day of “ , Inspector's Signature “Operator's Signature 7 wos ' Title ces Title Case Number: 2007061863 Elle Nurmbar: 1807685 : Distriet Number: 02. License Number: 6019287 2010 : Form revised 07.19.07 TAVERNA EROS Dec 20 2007 14:54 12/26/2887 14:58 8584146749 DEPR OGA PAGE Exhibit & License Number: 601 9237 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007081883 , : “EC” ag cited herein references spacific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61G, Florida Administrative Code. "NFPA" as clted herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by. reference at Chapter. 4A-3, “Fire.Pravention, Genaral Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “« denotes a critical violation. It is alleged that-on July 13, 2007, October 16, 2007 the licensee-was in violation of Florida Statute 506(F 5) andor the Rules of tha Division of Hotels and Restaurants, Florida Administrative Gode (FAG), in the following particulars, Copy(s) of the report(s) for the above enced Inspaction(s) ara attached hereto and incorporated by reference as ExhibitB. ~ ' - . * 4. 03A-07-1 3-501.18(A)FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIG HEALTH CONTROL AS SPECIFIED UNDER BECTION 3-801.19, AND EXCEPT AS SPEGIFIED IN PARAGRAPH (2) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPEGIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT ATEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; ~s ‘ , OBSERVED POTENTIALLY HAZARDOUS FOOD GOLD HELD’AT GREATER THAN FORTY-ONE (41) DEGREES FAHRENHEIT. * 2. O8A24-1 3:302.11(A\(2) FC: (A) FOOD.SHALL BE PROTECTED FROM CROSS CONTAMINATION. (2) EXCEPT WHEN COMBINED AS INGREDIENTS, SEPARATING. TYPES OF RaW ANIMAL FOODS FROM EACH OTHER SUCH AS ‘BEEF, FISH, LAMB, PORK, AND POULTRY DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY BY: (4) USING SEPARATE EQUIPMENT FOR EACH TYPE, OR (B) ARRANGING EACH TYPE OF FOOD IN EQUIPMENT SO THAT GROSS . CONTAMINATION OF ONE TYPE WITH ANOTHER'S PREVENTED, AND (G) PREPARING EACH TYPE OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS, OBSERVED RAW ANIMAL FOODS NOT PROPERLY.SEPARATED FROM EAGH OTHER IN HOLDING ‘ UNIT/ DURING PREPARATION....BEEF OVER SHRIMP IN WALK-IN COOLER. 3. 10-0404 3-304,12(E} FC: IN-USE UTENSILS, BETWEEN-USE STORAGE.’ DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD RREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (E}IN A CLEAN, PROTECTED LOCATION IF THE UTENSILS, SUCH AS ISE SCOOPS, ARE USED ONLY WITH A FOOD THAT IS NOT POTENTIALLY HAZARDOUS; OBSERVED IN-USE UTENSIL FOR NON-POTENTIALLY HAZARDOUS FOOD NOT STORED'IN A CLEAN, PROTECTED LOGATION....ICE SCOOP ON TOP OF IGE MACHINE. 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 GONTACTING EXPOSED FOOD; GLEAN EQUIPMENT, UTENSILS, AND LINEN ND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT A ‘© FOOD EMPLOYEES' SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPE OR-PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OR, GONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS; AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. ” ; Case Number; 2007061883 File Number: 180765 : Distriet Number: 02 License Number: 4019237 2010 . Form revised 07.19.07 TAVERNA EROS ad4/12 [es ers - Dec 20 2007 14:55 12/26/2887 14:58 8584146749 DEPR OGA PAGE an OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. . * 547-091 2-103.11()) FC: PERSON IN.CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT: (1) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT-WATER SANITIZING, AND CHEMIGAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING; OBSERVED LACK OF USE OF CHEMICAL TEST KIT WHEN-USING CHEMICAL SANITIZER AT THREE- COMPARTMENT SINK/ WARE WASHING MACHINE: ; “4 f . * 6. 20Re10-1 44-501.114(A) FG: MANUALSANID' MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PHpGONGENTRATION, 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 CFR 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 MG/L 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 OR LESS] — * OBSERVED DISHMACHINE CHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH....0 PPM AT DISH WASHER. * 7,30-07-1 5-204.12FC: BACKFLOW PREVENTION DEVICE, LOCATION. A BACKFLOW PREVENTION DEVICE SHALL BE LOCATED $@-THAT IT MAYBE SERVICED AND MAINTAINED. OBSERVED BACKFLOW DEVICE NOT LOCATED.FOR CONVENIENT SERVICE OR MAINTENANCE AGCESS.,..MOP SINK. Lo « g.538-08-/ §09.049 FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION'STANDARDS FOR THE TRAINING OF ALL FOOD SERVIGE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY. OR SERVING OF FOODS TO THE PUBLICIN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD, HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIG FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSBE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS-FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST-RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE/EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FO EARS. aM OBSERVED NO PROOF OF REQUIRED EMPLOVEE-TRAINING PROVIDED. ALL PUBLIG FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED -TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. s ‘ oe a Distriet Number: 02 Case Number: 2007061883 — File Number: 180765 Form revised 07.78,07 Licensa Number: 6079237 2010 TAVERNA EROS a5/12 Dec 20 2007 14:55 12/28/2087 14:58 8584146749 DEPR OGA STATE OF FLORIDA wnw.mnyliorids.com/dbpr CALL BACK INSPECTION REFORT LEGAL NOTICE Feflave bo cotipty with thie Notice may Initiate aft administrative complaint that may result (n DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS PAGE §6/12 Page Lot % te suspension or revocation of your Ieones and fines. , SEAT 10/16/07 03:43 PM Warning ea : . Ealiback Inspection Date ahd Time Thepection Reasant icenss Number baGule ADMINISTRATIVE COMPLAINT recommended. 505-868-0360 Winer Mame ‘Area Code/ Telephone Numbar TAVERNA EROS: . Buslness Mame Inspection Result SE ATLANTIC AVE . DELRAY BEACH, 33444 aes P Comments Fite folowing Rem(a) have been recommended for ‘Adtinistrativa Complalnt: fA NO PROOF CF ROOD EMPLOYEE TRAINING FOR ALL FOOD EMBLOYEES FHF NOT COLD HELD @ 41F-0R BELOW: SALMON 477: RIC BY GRILL, BEEF STORED GVER SEAFUOD: WIC CESCOOP ON SOILED SURFACE: @ ICEMACHINE OUTDOOR er SE OF CHEMICAL TEST KIT TO TEST DISH MACHINE FLOW PREVENTOR MISSING FROM MOP SINK Ne todiab shown ofa hour ingot olf aodlep. 4 1607 =o ie ee Date. Signature of Reciplant Tnepecter Sigheture Rechient FOMCAS yf. Mace rill For further Infomation please contact: , Dazhl Sut Te vere Spnitation & Safety ‘Specialist $080 Caconut Crack Pkwy, Ste A Phone: margate, Fiasoes paean7-1395 (SO 14-2 - V0 APR Form HR 5072-005 _ # Dec 20 2007 14:55 12/26/2887 14:58 8584146749 DEPR OGA PAGE 87/12 4 Paya 2of 2 po ‘nie i H An me Ne STATE OF FLORIDA t iT 8H ‘ag 6019237 DEFARTMEN' OF BUSINESS AND PROFESSIONAL REGU me iv i Liked ; DIVISION OF HOYELS AND RESTAURANTS | , aa por tame wan nryflorida.com/dbpr . enna EROS ' CALL BACK INSPECTION REPORT "1! sh ge tey gi, 0" aa an Data LEGAL NOTICE —_ JOIST 03:43 PM _Fallira to comply with this Notice may initiate an administrative complnint that may result Th suspension or revocation of your icone: and fines. ISH MACHINE NO SANITIZER: OFPM io HAIR, RESTRAINT @ Following Item(s) are In compliance: Enter Violation Text Here, 0 Enter Violation Text Hera, 1 Entar Vielation Text Here. 2 Enter Violation Text Hera, Enter Vielation Text Hare, 4 Enter Violation Text Here. 5 Enter Violation Text Here. 6 Enter Violation Text Here. 7 Enter Viotntion Text Here, 18 Enter Violation Text Here, 5 Enter Violation ‘Text Here. is Enter Viokition Text Here. 21 Enter Violathin Text Here. ‘DSPR Forth HB SOZz-005 Dec 20 2007 14:56 12/28/2687 14:58 8584146749 DEPR OGA PAGE 88/12 ° . Page 1 of 4 fz STATE OF FLORIDA i ” 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI bene ‘ DIVISION OF HOTELS AND RESTAURANTS i 1 EXP atl B wow. myfords.com/dbpr ah ght) FOOD SERVICE INSPECTION REPORT a LEGAL NOTICE © rpmmftany csaetieae ron ture Sie Failure to comply with this Notice may initiate an administrative complaint that may rasutt in suspension ‘of fdr’ iiéahea and fines. . 07/13/07 05:26 PM Routine 6018237 SEAT Inspection Date and Tima Ingpactlon Reason License Numbar D&G&LLG WARNING: Owner Name Vintailoné In tha oparatlon af your establishment 305-868-8380 ‘ TAVERNA EROS. must be eomraciad Dy: Area Code/Telephone Number Business Neme ‘Inspaction Result 1 . as1a/2007,08-00 AM Number of Units Callback Date/Time Licanse Expiration BE ATLANTIC AVE DELRAY SEACH, 34444 Address / Chy / State / Zip / ate. tter 02: Food Temperatures ftem 53a: Cen, Food Managers hem 20: Warewashing Sanitization | Item 45: Fire Extinguishers and Fire "Soafood, riach in cosler, 46 Dacraes F Manager Name: DAVID BELLAMY | DISH WASHEH:*Senttlzer Type: — |AFatd Supproafon tyre Fira Extinguisher, ‘Baal, rosoh In cooler, 40 Dograas F, Carliffeation Data: 9-13-06 Certified Chloting found at concentration of 0 round invat kitchen hee pcortfeation date of Pauly, ranch In cooler 40 Cegrans F. by: National Regletry of Foad Safety * PPM, A Clasa K (ype Fire Extingutntrer, found irvnt Bina, mach In colar, 24 Degrees F, Professlonalé ORDERED Ta USE 3-08 UNTIL kitchen hag 6 cartifientlan date of 3-07 Manager Name: WILLIS MICH4EL | THE DW FIXED Gin ABE en Cartlfieation Data: 6-5-03 Gartiled | SANITIZER BUCKET: *Sanitizer by: National Registry of Food Safety | Type: Chlorine found at Professionals . concentration of 400 FFM. Manager Nama: JONATHAN KIRSCHNER Certiicatian Date: NOTE: tems marked above with an asterisk (*} Indicate a violation inspector's Comments LL VIOLATIONS MUST BE CORRECTED BY 9-13-07 No Boller On Sito, lacknowledge receipt of this inspection form and comments, . 07-13-07 4 >. os. Date Signature of Reciplent Inspector Signature Recipient: DAVID BELLAMY ‘ For further information please contact: Title CHEF ‘ Dezhl Sul hone: Sanitation & Safety Speciaitst 5020 Coconut Creek F Phone: 561-272-8220 850-487-1385 an . . STATUS | ' SOURCE STATUS. PHE TEMPERATURE CONTROL In “01a Approved source Out *03a Gold fond at proper temperstures during storage, In ‘Oi Wholesome, sound condition display, service, +02 Original container; propsly tabeled, date marking No *Qab Hot fod at proper temperature "0211 Consumer advisory an raw/undarcooked oysters, NiO *0S¢ Foods properly cooked/rahaated _ : *02-13 Gonsumer advisory an raw/undersooked animal NiO "Odd Foods proparly cooled ‘ lout *O4 Faoiiities to maintain product temperature Out “05 Tharmameters provided and conspicuously placed {Out fos Potentially hazardays foods propery showed Violations marked with an ostorisk are critical violations, tems marked IN are In compllanés. tems Marked OUT ara violations, Spactic datalis ot vinlotten aa listed on subsequent paged, Iteme marked N/A ars Nat Applicable. tame Marked ea N/O are Not Observed, and were not bolng conducied at the time efinepection, | DBPR Form HR 5022-016 i ur _— 0 12/28/2687 14:58 8584146749 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIDNAL REGULATION DIMISION OF HOTELS AND RESTAURANTS www. riyforida.com/dbpr . FOOD SERVICE INSPECTION REPORT. Dec 20 2007 14:55 id EXHIBIT Bs | | Page 2 of 4 H nga Number § SEAT 8019237 falniess Name on TAVERNA EROS Inspection Date 07/13/07 06:28 PM 2 LEGAL NOTICE ' Failure to comply with this Notica may Iniflate an administrative complaint that may result In suspension or revecatlon of your license and fines. STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL | In ho? Unwrapped or potentially hazardous food not re-served 99 Containers covered, adequate number, insect and rodent Out aa Food protection during storage, preparation, display, lproof, emptied at proper Intervals, clean L_. servicn, transportation 34 Outside storage area clean, endosure popey In Hah Cross-contamination, equipment, personnal, storage _foonatructed . + 0Be Potential for craaé-contamination; storage practicas; STATUS - _INSECT AND RODENT CONTROL damaged food segregated { +35a Presence of Insscts/rodents. Animals prahibited ut 09 Foods handled with minimum contact hash Cuter apanings protactedl from Insects, rodent proot_ Out 10 In use food diapansing utensils properly storad STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL 96 Floors properly constructed, clean, drajned, coved In 44 Personnel with Infections restricted : Out 37 Walle, callings, and attached equipment, constructed, Out Mia Hants washed and clean, good hygienic practices clean tebserved), altemative operating plan be Lighting provided as raquited. Fixturag ehlelded in "126 Proper hyglente practloes, eating/drinking/amoking 39 Rooms and equipment. vented a5 raquired : (evidence) : STATUS OTHER AREAS Out 13 Clean clothes, halt restraints 40 Employes lockers provided and uged, clean STATUS, FOOD EQUIPMENT AND UTENSILS In "41a Toxle Itams properly stored Out 14 Food contact surfaces designed, constructed, +4 1b Toxic tema labeled and used properly malniained, Installed, locatad 42 Promisas maintained, free of litter, unnecessary articles, 75 Non-fpod contact surfaces dealgnad, constructed, Cleaning and maintenance equipment properly stored. malntained, inatalled, located Kitchan restricted to authorlzed personnel #16 Dishwashing facilities designed, constructed, aperated 43 Complete separation from living/sleaping ares, laundry __[ Wash 2. Rinse 3, Sanitize 44 Claan and solled linen segregated and —e out "17 Thermometers, gauges, test kits provided STATUS SAFETY_- 18 Pre-flushed, scraped, soaked 19 Wash, rinse water clean, proper temperature *48 Fire oxtinguishers - proper and sufficient "4g Exiting system - adequate, good repatr | = 47 Etactrcal wirlng adaquate, good repair {Out 206 Sanitizing concentration, +20b Sanhizing temperature, 48 Gas appllances~ properly Installed, malntained L- 21 Wiping cloths clean, used properly, stored "49 Flammable/combustibla materials « properly stored {h *92 Food contact surfaces of equipmentand utensilg clean | STATUS GENERAL 23 Non-food contact surfaces clesn : [*50 Currant icense properly displayed . 24 Storepe/handing of clean equinmant, utensils 51 Other conditions sanitary and safe operation, STATUS SINGLE SERVICE ARTICLES 52 False/mislaading statements published or advertisad Out 25 Service items properly stored, handled, dispensed relating to fand/beverage i 26 Singla service articles not re-used In Eda Food management certification valld svaTes_| _ WATER AND SEWAGE/PLUMBING Out "53b Employee training validation 97 Water source safe, hotand cold under pressure B4 Florida Clean Indoor Alr Act : "28 Sewage and waste water dispased properly 5 Automatlc Gratuity Notice 59 Copy of Chapter $09, Florids Statutes, available : Out 29 Plumbing installed and maintained i out "30 Croge-connection, back sighonage, backflow. STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES 57 Hospitality Education Program Information provided °34 Tollet and handwashing facilitias, number, conventent, designed, installed But 32 Restrooms with self-closing doors, fixtures operate properly, fecliity clean, supplied with handsoap, disposable howels of hand drying devices, tissue, covered waste Total Number of COS Violations: Total Number of Repeat Viclatlons: = 2 —! Violations marked with a4 aatertsk ore cltical violations, tems marked IN nfe In compllance. tama Marked OUT ara violetipns. Seneitic detalls of violation ara Matad on subsequent pages. Items marked NA are Nat Applinable, [hanna Marked a NO are Not Observed, and were not being conducted at the ime of inspection. RAPR Form HA 50z2-015 PAGE ag/12 Dec 20 2007 14:57 12/26/2887 14:58 8584146749 DEPR OGA PAGE f 1la/12 ' a tt ahah, woe ‘ Page 3 Heanse Number @ STATE OF FLORIDA SEAT aot EXHIBIT B . San EEA ERNE ATON ors ae reste www. mivforda.cam/dbpr ; AER MC OT 2 inspection Dat FOOD SERVICE INSPECTION REPORT . LEGAL NOTICE 07/13/07 05:28 PM Fallure to comply with this Notes may initiate an administratve comptalnt that may result In auspenalon or evocation of your {leenge and fines. ‘Worning(a): 536-08-1:No proof of required employaa iralning previded, All public faced aervicn eslebllehmants must provide the division with proof of amptoyae training Upon raquest, Including, but net Iimited to, at the time of any diviston Inspection af the ealablishment 3 OISH WASHING WORKERS. Repeat Violallon. This violation must be coftected by : 9-43-07, Violation(s): O3A-07-1:Observed patantially hazardous food cold held at qreater than 41 degrees Fahranhelt. ALL PHF ORDERED TO TRANSFER TO A WORKING COOLER CBA-24-t:Observed raw animal foods nat proparly seperated from each other In hetding unk/during preparation. BEEF OVER SHRIMP, WIC 09-05-1:Observad nonready-ta-eat food handled by emplayaes without the use of glovea, del paper, scanps, tongs or athar utanailg, BARE HAND TOUCHES CLEAN PLATES WHEN RE-SHELVING 124-47-1:Obsarvad employee Impmperly washing hands, NO SOAP AT HWS, DISHROOM 42-47-1-Handwashing Gleanaer tecking at handwashing lavatory, DISHROOM D4-01+1:Cold holding equipment Incapable of malntetning potentially hazérdeuws food at proper temparaturas, PREP-DRAWERS, ALL PHF ORDERED TO TRANSFER TOA WORKI COOLER : . 05-09-1:Ne congpicuously tocaled tharmometer in holding unit. ALL alee . 06-01-1:Observad potantlefly hazardous food thawed in an tipraper manner. GEEF IN STANDING WATER @3-C8 13-03-1 Obsnrved employee with no heir restraint, 1O-O4e1:In-use utengll far nonpolandally hezardous food nol stored in & clean, protected location, ICE SCOOP ON TOP OF ICE MACHINE 14-384 sObaervad gaskete/seals on cold halding unit in poor repair. PREP-URAWERS & RICS 17-D8-1:Lack of uae of chemleal tast kit when using ehamical sanitizer at thre-compariment sintdwarewashing machine. 25<02-1:Unwrapped single-service utensils not prasented.so that only the Handles ara tauehed. STRAWS & COFFEE STIRRERS AT BAR Repant violation. 20-09-4:Ohserved waler draining onto fleet surface. MOP SINK 26-07+1:PlumbIng systam Impraperly repatred. HOT WATER POINTING TO FINK EDGE, NOT INTO MOP SINK 20-19-4:-Equipment compartment not equipped to proparly drain Recumulation af metsture. MOP DRAIN TQ0 FAR AWAY FROM MOF SINK : DAPR Form HR 5022-075 12/26/2887 14:58 NOTICE Fallure to comply with this Notice may Initiate an adminigirative complaint that may result in suspension or revocation of your Neanse and fines. 30-07-1:Beckfow device nol located for convenient service or malnienanca aesasa. MOP SINK 87-03-1:Dbgerved wall in disrepalr. HALLWAY ACROSS MENS RESTROOM 2OA-10+1:Dishmachine chterine sent OPPM @ CISH WASHER: ORDERED TO 8 3-05 INSTEAD UNTIL THE DW 1S FIXED 208-091 :Chioring sanilizer not DBPR Farm HR 5022-015 ger not At propar minimum strength. at proper minimum strength for WIPING CLOTHS, GREATER THAN 400 PPM Dec 20 2007 14:57 8584146749 DEPR OGA PAGE 11/12 of mmenborenat nny ny we! “pages d ie ee ] Ucenge Nu Number oy EXHIB! T B | STATE OF FLORIDA DEPARTMENT GF BUSINESS AND PROFESSIONAL REGULATION Business Nome Meat Ts De DIVISION OF HOTELS AND RESTAURANTS: Baia ua aw mytiorida. conde TAVERNA ERO! race De MOH Inspection Dats Foon SERVICE INSPECTION REPORT 07/13/07 05:26 PM ¢ ii nen EE <1 = =

Docket for Case No: 07-005759
Source:  Florida - Division of Administrative Hearings

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