66/19/2688 18:82 8584146749 Jun 19 2008 17:02 DEPR OGA PAGE 83/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. ‘ FU WA CHINESE RESTAURANT rgense tyoeaein ; Respondent Case No. 2008009839 . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FU WA CHINESE RESTAURANT, ("Respondent"), and says: 1. Petitloner 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. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 2465 - 2467 NW 40 AVE, LAUDERHILL, FLORIDA 33313.The mailing address of recard Is FU WA CHINESE RESTAURANT, at 2465 - 2467 NW 40 AVE, LAUDERHILL, FLORIDA 33313. “3. Inspection of this establishment cohducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules Promulgated therete governing Operation of the establishment. Tha violation(s) found and applicable law are described In Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “Br incorporated herein by reference, WHEREFORE, Patitioner respectfully requests antry 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 ofa license issued pursuant to this Chapter, and/or any other relief authorizad by Chapter 509, Florida Statutes, or the rul promulgated thereto, : Signed February 18, 2008 ec ] Ken Buck, DistreL. Manager : Ken Fe de By delegation of the Director, or dé sired oS Division of Hotels & Restaurant 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 32309-1007 CERTIFICATE OF SERVICE . . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that 4 true and correct capy of the foregoing ADMINISTRATIVE COMPLAINT has heen hand served by me on this day of , 2008, Received by: Inspector's Signature Operator's Signature Title ; Tite Case Number: 2008008839 Fils Number: 210048 District Number 02 - Licanse Nurnber, 1674997 2040 Form ravised 07.07.07 FU WA CHINESE RESTAURANT . . Jun 19 2008 17:02 DEPR OGA PAGE B6/19/2888 1e:82 8584146749 Exhibit A License Number; 1614997 : License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008008839 "PC" as cited herein references specific Provisions of the Food Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative Code, "NFPA" as cited herein 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 61C-1.004(5), Florida Administrative Code, ""* denotes a critical violation, Itis alleged that on February 7, 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. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B, * 4, 52-01-1 509.292(1) FS;; (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT, THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR iS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A. DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE, : OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED... [IMITATION CRABMEAT ADVERTISED AS CRAB. Case Number: 2008008838 File Number: 210048 Distriet Number: 02 License Number: 1644997 2010 Farm revisad 07.07.07 - PU WA GHINESE RESTAURANT ad4/1a Jun 19 2008 17:02 86/19/2088 18:82 s5adldera9 DEPR OGA PAGE 5/18 vom poe oe pre Depenmeni ; Division of Hotels and Restaurants usiness7 by) : Bureau of Flaid Services Pro fass id} an | 5080 Coconut Craak Parkway, Sulte A profes: . Margate, Flotida 33063-3042 egu ation ; Phone: 954.956.5694 « Fax: 450.617.4452 Chuck Drago, Interim Secratary : ; Charlie Crist, Governar HAND SERVICE MEMORANDUM TO: Novelette Williams, Sanitation and Safety Specialist FROM: Kenneth €, Buck, District Manager SUBJECT: Case Number # 2008008839 Business Name: Fu Wa Chinese Restaurant , Control number: 1614997 DATE: March 17, 2008 COMPU CUR ROT RR armas ERA ER REPO Mena EER DEES RE EE OOK SERENE EEE A ROEDER ARES ROEM EEMER RHEE aEDE, Please HANDSERVE the attached Adfninistrative Complaint JMMEDIATELY. Certified mail was elther returned or no service has been racelved at this time. Please DOCUMENT SERVICE: Date of Service: ae 4 - OF . . Name and title of person served HOG TAZ Qu \ ( Sy T™ 6 ' . Signature for person served: Sa G St “) LABY : . Current Phone Number: Return ONLY this form to David Shareef, Staff Assistant. LICENSE EFFICIENTLY. REGULATE FAIRLY. WWA.MYELORIDALICENSE.COM Jun 19 2008 17:02 PAGE 46/18 a/19/2889 19:62 s58d14e749 DEPR OGA poe Oe ae Titar ' STATE OF FLORIDA it P EI pk age ofd DEPARTMENT OF BUSINESS AND PROFESSIO} aELOW- DIVISION OF HOTELS AND RESTAURANTS i FouLow: UP INSPECTION REQUIRED www. MyFlorlda.convdbpr/ar =itica{lemplactor determined violations require “{fitither review, but are not an immediate FOOD SERVICE INSPECTION REPORT] {neal to the public, Failure to comply with this Noti complainant ply with thts Notice may inflate an administrative compfaint that may regult in sttaension or ravacation of your lleenge and fines, | 02/07/08 11:31 AM Complaint Eun 1814997 SEAT fnapection Date and Time FLUWa CORPORATION Owner Name FU WA CHINESE RESTAURANT Business Name Inspeetlan Result 58 : ‘ 01-DEC-O8 Number of Units Callback Date/Tima Llcense Expiration 2465 - 2467 NW 40 AVE LAUDERHILL, 33313 Address / City/ State /7Ip / ete, Nem 53a: Cert, Food Managers inspection Reason ADMINISTRATIVE COMPLAINT “or Litense Nurmber 954.730.7442 Area Gode/Telephone Number Item 03: Food Temperatures item 20: Warewashing Sanitization | item 45: Fire Extingulehers and Fite Rico, cagk fine, 175 Dagrans F, Manager Name: Sul Ling Tsang Sanitizer Type: Not Set Up found at |AHood Suppression iypa Fir extinguleher, ‘Shrimpa , wolk in gobter, 40 Degrees F. Cartiicetion Date; 1/4/08 Certified | concentration of D PPM, Found let kitchan had & cortification dale of Chicken , walk In cobler, 39 Dpgreea F, Ribo, walk In cooler, 41 Dagmes F, Panta, welk In eaoler, 41 Dagroms F, Beef, oath In cooler, 47 Dogars F, Chitkan , romch in cooler, dO Gagrama F, Shits raveh in esolat, 41 Degman F, Ham, taach in cooter, 40 Dapteed F. 1207 JA ClegeK Iype Fira Extinguisher, found! In/al Wiehan baw certifeallon date of 12/07 ACitan ARG type Fira Extinguleher, found Infat hallway hes a ceninealion date of 07 by: National Ragistry of Food Safety Professionals ‘NOTE: items marked above with an asterfak (*) Indicate a voloton inspectors Comments 'e; Complaint Nbr: 2008005896 Chi Ming Lal, Kwal Man Yeung, SHUI Ping Taang-2/13/07, Employers tralned by National Registry of Food Safety rofessionals No Boiler Gn Site, lacknowledge récelpt of thie Inspection form and comments. 62-07-08 Date Signature of Recipient . Inspector Signature ; Recipient: Sui Tsang For further Information plaese contact: i Novelette Willams Tith ithe Manager Sonior Sanitation & Safaty Specialist 5080 Coconut C Phone: 554 730 7442 860-487-1395 PHP TEMPERATURE CONTROL In “09a Gold food at proper temperatures during storage, .| display, service, ‘ SOURCE “1a Approved source "01b Wholasome, sound condition P02 Original contalner, properly labeled, date marking “02-11 Consumer advisory on rewundercooked oysters "02-13 Consumer advisory on raw/underceoked animat io “ab Hot food at Proper temperature *03¢ Foors properly cooked/raheated In “03d Foods properly cooled "04 Facilities to malntaln product tampersture *06 Tharmometers provided snd conspicuously placed DBPR Form HR 8022-076 . g6/19/ 2888 LEGAL NOTICE FOOD SERVICE INSPECTION REPORT Jun 19 2008 17:03 18:42 8584146749 DEPR OGA PAGE 87/16 i _ a Page 2 of 4 . mA ERAT fa stare or monpall EXHIBIT & - oense Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ¢ 4: AT 1614987 DIVISION OF HOTELS AND RESTAURANT St ienuhe nh lusiness Name wen myficrida com/dapy arse unbrsesemat FL WA CHINESE RESTAURANT inspection Dete 02/07/08 11:37 AM Fafiure to Comply with this Nolice may inilate an administrative cam plaint that may result in suapension or revocation of your IIcense and fines. PHF TEMPERATURE CONTROL * [_sTaTus STATUS GARBAGE AND REFUSE DISPOSAL In Out PO? Unwrapped or potentially hazardous food not re-cetved "08a Food protection during storage, preparation, display, aervice, transportation . Out fe "08h Cross-contamination, equipment, personnel, storage #4 Gontalners covered, adequate number, insect and todant proof, emptied at proper intervals, clean 84 Outside storage area clean, enclosure Properly constricted — —|.. - *08c Potential far cross-contam|nation; storage practices; INSECT AND RODENT CONTROL __faarnaged food segregated "35a Presence of insecta/rodents, Animals prohibited Out "08 Foods handled with minimum contact P35 Outer openings protected from insects, rodent proof | 11 Personnal with infecilons restrletad 10 In use food dispensing utensils properly stpred STATUS FLOORS, WALLS, CEILINGS PERSONNEL fou 36 Floors property constructed, clean, drained, coved 47 Walls, callings, and attached equipment, constructed, clean "12a Hands washed and clean, good hyglenic practices (observed), allarnative operating plan. . rovided ae required, Fixtures shielded = In *42b Proper hyglenle practices, eatlng/drinking/smoking 89 Rooms and equipment - vented as raquired — L (evidence) STATUS OTHER AREAS Out 13 Clean clothes, hair restraints Our 0 Einployee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS In 41a Toxic items properly stored 14 Food contact surfaces designed, constructed, i f4ib Toxle items labeled and aed properly maintained, instaited, locpted 42 Premises maintained, trae of litter, unnecessary articles, Out 15 Non-food contact surfaces designed, constructed, Clasning and malntenence equipment properly stored, maintsined, instated, located Kitchen restricted te authorized personnel "18 Dishwashing facilities designed, constricted, operated 43 Complete separation from Iiving/sleeping area, laundry __| 1. Wash 2, Rinse 3. Sanitize 44 Clean snd solled.Jinen segregated and properly stored "i7 Thermometers, gauges, test kits provided STATUS 1 SAFETY 18 Pre-flushed, scraped, soaked 46 Fire extinguishers - proper and sufficient 49 Wash, ringe water clagn, proper temperature Out P46 Extting system ~ adequate, goad repair (20a Sanitizing concentration Out M47 Electrical wiring - adequate, good. repair {| "20b Sanitizing tatmperature 48 Gas appliances - properly Installed, malnigind 21 Wiping cloths clean, used properly, stored Out P49 Flammable/combustible materials - properly stored P22 Food contact surfaces of equipment and utensils clean STATUS GENERAL 23 Non-food contact surfaces clean fou 24 Storage/handiing of clean equiprnant, utensils Fs0 Current llcense properly displayed SINGLE SERVICE ARTICLES 51 Othar conditions sanitary and safe operation 52 False/misleading stataments published or advertised relating to tood/beveraga 25 Service items properly stored, handled, dispensed 26 Single service anicias not re-used : Se Food management certificaton valid WATER AND SEWAGE/PLUMBING *33b Employee training validation "27 Water source safe, hot and cold under pressure 54 Floris Clean Indoor Air Act °28 Sewage and waste water disposed properly S55 Automatic Gratulty Notice 28 Plumbing Installed and maintained 56 Copy of Chapter 509, Florida Statutes, available 30 Crose-connection, back siphonage, backflow STATUS TOILET AND HANDWASHING FACILITIES GENERAL 57 Hospitally Education Program Information provided STATUS 31 Toilet and handwashing facilities, number, conventent, designed, Installed . 32 Restrooms with seli-closing doors, fixtures operate towels or hand drying devices, tissue, covered waste properly, facility clean, supplied with handsoap, disposable Total Number of Repeat Violations: Total Numbar af COS Vigletions: 1 Viglations marked with ay asterisk ere critical Violations, fem moerked IN ore In compitance, tteme Matha subsequenl pages, llams marked N/A are Mot Applieable, lems Marked ag N/O ang Not Observed, and wi BBPR Form HR 5022-015 id QUT ere vielations. Specie details of vialation are fisted on ere nol being condueled al the time of Inspection, Jun 19 2008 17:03 66/19/2688 18:82 8584146749 DEPR OGA i EXHIBIT B . b Page 3 of 4 . ity Licafise Number STATE OF FLORIDA $ Sesser cof Num ees? PAGE 88/148 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU souls Name DIVISION OF HOTELS AND RESTAURANTS ad wwemyterida.comitipr FU WA CHINESE RESTAURANT FOOD SERVICE INSPECTION REPORT nro on Oe HaaM LEGAL NOTICE Failure to eotnply with this Notice may Intlate sn administrative complaint thet thay result in suspension or revocation of your license and fines. Administrative Complatnt(s): 52-01-i:ldentiy of food or food product misrepresented, imitation crabmeat advariised as erat, Violation(s};, 48-O8-T:ERH signe not properly iluminated, In dining room, - 47-05-1:;Observed 3 spilter‘mult-plog adapter in use, by wait station. 49-02+7:Observed benzo matic stored in kiichan. 02-26-1-Roast ducks re sipred In Winn Dixie plasile bag. 37-05-7;Observed wall salted with accumujated food dabrig, kilehen, 87-06-1;Ohserved wall solled with accumulated graaga, kitehon, 37-14-1:Observed celling in disrepalr, kitehan. OBA. 19-1:Obsarved lam packages/bags of fred exposing the contents to contamination, rica. ' . ! 15-81-:Observed naniged-contect equiamant In poor repels, reachin rapper - Frigidaire. . 22-18-1:Obseryed soll residue in siorsge coniainers. 3-12-1:Floars. net conatructad oaslly cleanable, kitchen, 38-71-1-Floora not malntained sinoath and durable, cardboard on kitchen finor by cooktine, 13-01-4:Gbservad amplayee with anilad clothing, apron. Corested On Site, 47-067 ‘Observed exiansion card in Use for non-temporary period, with GE refrigerator ireazer, 22-27-7:Observed food-contact surfaces encrusted with graese and/or aol deposits, shelves, 09-04-1:Obrervad bare hand contact of ready-to-ent food by employees and eatablishtent has no Bpproved Allornalive Operating Procedure in effect, 08-03-1:Observed nanready-to-aat food handled by employoes without the use of gloves, dell paper, scoops, tongs ar athar utensils. OBPR Form HR 5022-075 Jun 19 2008 17:04 PAGE 86/19/2088 18:82 8584146749 DEPR OGA rent a Ti ADR BIEN TF : i i: ; f Page 4 of 4 ie hy a STATEOF FLORIDA ‘HIB iT Dvir DEPARTMENT OF BUSINESS AND PROFESSIGNA! DIVISION OF HOTELS AND RESTAURANTSiccquiea ce act Gustiess Name www. myflorida.com/dbpr , inspection Date FOOD SERVICE INSPECTION REPORT . LEGAL NOTICE 02/07/08 11:31 AM Fallure to comply with thig Notlea May Inflate an administrative complaint that May result in Buspenslon or revocation of your Heanse and fines, 098-04-1; Observed cloth vsed as a fond-eantact surface, 00-.01-1:Obsenved Impmper use Of bowl/plastic food container or cthar Conteinar with ne handle used to dispense ready-to-eat food, cornstarch. 4001-t:No sulteble faciitias provided ta store ‘SMiployne clothing and bther pospasions, OFA-28-7-Observed food slored on floor, in walkin eecler. 23-081 Observed bulld-up offood dabris, dust or dirt on Tonfooc-esntact surface, slove Shield, 32-27-:O served food-contact surfaces encrusted with geese and/or soltdeposits, eniire cooking, 2a-26-1:Observed bufidup of solled meterial on racks in'tha reseh-in cooter, 32-17-:Observad aoiied raach-In cooler gaskets, 22-78-1:Observed soled mach-In cooler shalves, 02-06-1;Obgerved combined Faadyloseat potentially hazardous food held mare than 24 hours nat date marked according to earilest date ‘Of opaning/praparation,. 24.10-1 Observed utenatts stored (n crevices batwoon equipment, knives between tables, 70-07-1:Observed in-use uenall stored In standing water lass than 136 deurees Fahrenhalt, 47-16-1:Bleetrical pullet missing cover plate, in dining room, QBFR Form MR 5022-015 ag/1a “EME WA CHINESE RESTAURANT

Docket for Case No: 08-003015