Jun 4 2008 14:42 B6/ad/2aee 16:42 8584146749 DEPR OGA PAGE 5/13 STATE OF FLORIDA , , . BEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ‘DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. License No. 1819830 CHICKEN KITCHEN : Licanse Type 2010 ‘ Respondent. Casa No. 2008022149 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CHIGKEN KITCHEN, ‘ ("Respondent"), and says: 4, Patitloner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Ghapter 509, Florida Statutes. 2. Respondent fs, and has been at all times material hereto, licensed by or subject ta the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 5071 SHERIDAN ST, HOLLYWOOD, FLORIDA 33021.The malting address of record is CHIGKEN KITCHEN, at 5074 SHERIDAN SF, HOLLYWOOD, FLORIDA 33021. 3. ‘Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, ravealed violations of the provisions of Chapter 509, Florida Statutes, and/or the rules promulgated thereto governing operation of the establishment, The vlolation(s) found and applicable law are desoribed in Exhibit "A," attached hereto and Incorporated herein by reference, Inspection documents are attached as Exhibit "B”, incorporated hereln by reference. WHEREFORE, Petitloner respectfully requests entry of an Order imposing one or mors of the followirig penalties: administrative fine not to exceed $1,000 par offense; mandatary attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Pragram; 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. Signed April 15, 2008 Ken Buck, District Manager By delagation 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 - GERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been : 2008. hand served by me on this___ day of ; : : Received by: Inspactor's Signature Operator's Signature Title j : Title Gasa Number: 2008022149 File Number: 192139 District Number: 02 Form revised 07.07.07 Keange Numbar: 1619830 2010 CHICKEN KITCHEN Jun 4 2008 14:42 Exhiblt A License Number: 1619830 mn , License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008022149 "EC" as olted herein references specific provisions of the Food Coda, Recommendations of the United States Public Health Service, Food and Drug Administration, ncorporated by Chapter 610, Florida Administrative ” Code, "NFPA" as sited herein references spacific provisions of the National Fire Protection Association Life Safaty Code, incorporsted by reference at Chapter 4A-3, "Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Coda. ™ denotes a critical violation. Itis alleged that on January 28, 2008, March 31, 2008 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. : * §4.00-01-1 3301.14(B) FC: (8) 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. A. OBSERVED IMPROFER USE OF BOWL/ PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD....RICE CONTAINER IN KITCHEN. B. OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD....OREGANO CONTAINER IN KITCHEN, >. 1303-1 2402.11 FC: 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 CLCTHING 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 EMPLOYERS! 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... TWO (2) EMPLOYEES IN SERVICE AREA. * 3.92-10-1 4-602.11(A) AND (B) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS. {A) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE GLEANED: (1) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE EACH USE WITH A DIFFERENT TYPE OF ‘RAW ANIMAL FOOD SUGH AS BEEF, FISH, LAMB, PORK, OR POULTRY; (2) EACH TIME THERE |S 4 CHANGE FROM WORKING WITH RAW FOODS TO WORKING WITH READY-TO-EAT FOODS; (3) BETWEEN USES WITH RAW FRUITS OR VEGETABLES AND WITH POTENTIALLY HAZARDOUS FOOD; (4) BEFORE USING OR STORING A FOOD TEMPERATURE MEASURING DEVICE: AND (8) AT ANY TIME DURING THE OPERATION WHEN CONTAMINATION MAY HAVE OCCURRED. (B) SUBPARAGRAPH (A)(1) OF THIS SECTION DOES NOT APPLY IF THE FOOD-CONTACT SURFACE OR UTENSIL 1S IN CONTACT WITH A SUCCESSION OF DIFFERENT RAW ANIMAL FOODS EACH REQUIRING A HIGHER COOKING TEMPERATURE AS SPECIFIED UNDER SECTION 3-401.11 THAN THE PREVIOUS FOOCD,, SUCH AS PREPARING RAW FISH FOLLOWED BY CUTTING RAW POULTRY ON THE SAME CUTTING BOARD. . OBSERVED FOOD-GONTACT SURFACES NOT GLEANED BETWEEN CONTACT WITH DIFFERENT RAW ANIMAL PRODUCTS.,..OVEN IN KITCHEN. Case Number: 2008022149 File Number: 192139 Distret Number: 02 Form revised 07.07.07 License Number: 1619830 2010 CHICKEN KITGHEN B6/ad/2aee 16:42 8584146749 DEPR OGA PAGE 46/ 6/13 Jun 4 2008 14:43 a6/ ad/ Page DEPR OGA 16:42 8584146749 4,36-12-1 6201.11 FC: FLOORS, WALLS, AND CEILINGS. EXCEPT AS SPECIFIED UNDER 6- 201.14, THE FLOORS, FLOOR COVERINGS, WALLS, WALL COVERINGS, AND CEILINGS SHALL BE DESIGNED, CONSTRUCTED, AND INSTALLED 80 THEY ARE SMQOTH AND EASILY CLEANABLE, EXCEPT THAT ANTISLIP FLOOR COVERINGS OR APPLICATIONS MAY BE USED FOR SAFETY REASONS, OBSERVED FLOORS NOT CONSTRUCTED EASILY GLEANABLE....WALK-IN COOLER, 5 37-151 61C-1.004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. OBSERVED CEILING SOILED WITH ACCUMULATED FOOD DEBRIS....KITGHEN AREA. B. OBSERVED WALL SOILED WITH ACCUMULATED GREASE....KITCHEN. * 6,45-36-1 NFPAQ6, 11.2.1: AN INSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 8 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. A. OBSERVED HOOD SUPPRESSION SYSTEM TAG QUT-OF-DATE. B. OBSERVED NO CURRENT HOOD FIRE SUPPRESSION SYSTEM INSPECTION REPORT AVAILABLE. Distrlet Number: 02 Gase Number: 2008022149 File Numbers 492130 Form revised 07.07.07 License Number: 1818830 210 CHICKEN KITGHEN PAGE arf/lg Jun 4 2008 14:43 86/84/2689 16:42 8584146749 DEPR OGA PAGE 8/1 3 "page Lat STATE oF Fuor” ¢ DEPARTMENT s. _ PSINESS: AND PROFESSIONA! OIVIGIGH OF HOTELS ANG RESTAURANTS www. MyFlorida.com/dhor/ br LLOW-LIP INSPECTION REQUIRED Inspector determined viclations require further review, but are not an Immediate threat to the meee | Be CALL GRepReiia ” enone Fallara te comply with thi# Notice may Inidate an sdrilnistrative compliint ‘that may cate In suspension ‘OF Tevocation of your fcange and fines, 09/94/oe a:27 Att Werning baa AT eH pl Gaibeck inepaction Data and Time Tnepection Reman ° Licenee Number JEP & ASSOCIATES LLG AOMINISTRATIVE COMPLAINT recommended. a5aganet46 ‘twner Name Hrea Codes Telephon: Number CHICKEN KITCHEN ‘Business Wate BpeSdan Result 48 : 01/28/2008 amber at Une Requested Callback Date/Time ital Warning Data 5071 SHERIDAN ST HOLLYWOOD, 33021 ress ip fete. Comments ‘following Ramés) hava bear recommended for Administrative Complatirt: (ation: 50-05-2 Jeonse expired more than 30 days, but not more than 60 daya, after eepiration date, This vislatfon must be corracted by : 4/28/08, dation: 436-1 jood suppression eystam tag out-of-date ation: 4535-1. —) ae 03-32-08 Data Signature of Reciptent Inspector Signature Reabent John Benamor For furtnar information please contact Anthony Gray ‘Title Manager 850-407-1305 Phone: 954-080-0446 DBPR Form HR 502-005 B6/ad/2aee 16:42 8584146749 Jun 4 2008 14:43 DEPR OGA of rorbneaiee as wescnonm EXHIBIT DEPARTMENT OF BUSINESS AND PROFESSIONAL REG! Hs DIVISION OF HOTELS ANG RESTAURAL ha SAN Maat AAND Fah KEN KITCHEN Fallure to comply with be Wotice may Inflate an administraths complaint thet may result tn snapension or revocation No current ood fire suppression eyatem Inspactian raport available. fatntien: 37-251, beerved celling sofled with accumulated food debris, It Michen areaé . Nation: Sé= 12-1 a not constructed eastiy cleanable, In wic Repeat Violatan. Malation: 32-224