fing, ES STATE OF FLORIDA 4 Mp va) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a DIVISION OF HOTELS AND RESTAURANTS , 4ofiys 4, ta DEPARTMENT OF BUSINESS AND | WeeissQy Q: 2p PROFESSIONAL REGULATION ~| igh ve Petitioner, ; Goll f, Vs. Ss eS SUSHI HOUSE JAPAN Licence Tyas 2010. Respondent. Case No. 2008066330 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SUSHI HOUSE JAPAN, ("Respondent"), and says: : 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 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 13820 ST AUGUSTINE RD #145, JACKSONVILLE, FLORIDA 32258.The mailing address of record is SUSHI HOUSE JAPAN, at 13820 ST AUGUSTINE RD #145, JACKSONVILLE, FLORIDA 32258. 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 incorporated herein by reference. Inspection documents are attached as Exhibit “B’, incorporated herein by reference. - WHEREFORE, Petitioner 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 thereto. Signed December 10, Le) Steven von Bodungen, District'Manager 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: 7160 3901 9845 7126 6908 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of s , 2008. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2008066330 File Number: 196363 District Number: 05. License Number: 2613614 2010 Form revised 07.07.07 SUSHI HOUSE JAPAN Exhibit A . Ay 'y dp, 4A fe ny License Number: 2613614 ” tg “ oO License Type: 2010 PERMANENT FOOD SERVICE epi ~ Case Number: 2008066330 Ange by, ‘ “iy! Sip 4 Qa FC as cited herein references specific provisions of the Food Code, Recommendations ays States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida J tA ive Code. NFPA as cited herein references specific provisions of the National Fire Protection Associ Sn CE Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, Generat Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. : <0 * denotes a critical violation. Itis alleged that on April 15, 2008, April 16, 2008, November 3, 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.03B-03-1 3-501.16 (A)(1) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED. UNDER SECTION 3- 501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) 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 SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD ATA TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OBSERVED POTENTIALLY HAZARDOUS FOOD NOT HELD AT 135°F OR ABOVE - SUSHI RICE AT 4127eF IN HOT HOLDING AT SUSHI BAR. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. . . : * 2.08-08-1 4-302.12 FC:: FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. (B) A TEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT IS DESIGNED TO MEASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS. OBSERVED NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. * 3,08A-24-1 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 OURING STORAGE, PREPARATION, HOLDING, AND DISPLAY BY: (A) USING SEPARATE EQUIPMENT FOR EACH TYPE, OR (B) ARRANGING EACH TYPE OF FOOD IN EQUIPMENT SO THAT CROSS CONTAMINATION OF ONE TYPE WITH ANOTHER IS PREVENTED, AND (C) PREPARING EACH TYPE OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS; OBSERVED RAW ANIMAL FOOD NOT PROPERLY SEPARATED FROM EACH OTHER IN HOLDING UNIT - RAW FISH SITTING DIRECTLY ON RAW CHICKEN IN WALKIN COOLER. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. * 4.09-05-1 3-301.11(D) FC: PREVENTING CONTAMINATION FROM HANDS. (D) FOOD EMPLOYEES’ SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM. ; OBSERVED IMPROPER USE OF PLASTIC FOOD CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-TO-EAT - RICE. REPEAT VIOLATION. * denotes critical violation District: 05 Case Number: 2008066330 License Type: 2010 License Number: 2613614 : File Number: 196363 SUSHI HOUSE JAPAN Exhibit A * 5.412A-22-1 61C-4.010(1)(D) FAC AND 3-301.11(B) FC:: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES' MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) 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. . OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH BARE HANDS AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE PREPPING LETTUCE FOR SALADS WITH BARE HANDS. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. : * 6.22-17-1 4-602.11(C) AND (D) FC:: (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS. (D) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF: (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED WHEN THEY ARE EMPTY; (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND: (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/CLEANING FREQUENCY] THAT CORRESPONDS TO THE TEMPERATURE: [AT 41 DEGREES FAHRENHEIT OR LESS - 24 HOURS; GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS; GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16 HOURS; GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT. (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME FOOD THAT IS AT THE REQUIRED TEMPERATURE, AND THE - CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS; (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DELI FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3; (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES; (6) THE CLEANING SCHEDULE IS APPROVED BASED ON CONSIDERATION OF: (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE RAPID AND PROGRESSIVE MULTIPLICATION OF PATHOGENIC OR TOXIGENIC MICROORGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE; OR (7) IN-USE UTENSILS ARE INTERMITTENTLY STORED INA CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED SOILED REACHIN COOLER GASKETS - COOKLINE REACHIN COOER - REPEAT VIOLATION. * 99-20-41 4-602.14(E)FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) * denotes critical violation District: 05 Case Number: 2008066330 License Type: 2010 License Number: 2613614 File Number: 196363 SUSHI HOUSE JAPAN Exhibit A BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MQLD. OBSERVED BUILDUP OF SLIME IN THE INTERIOR OF ICE MACHINE. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. * 29-24-4 4-602.11(E) FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS. NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. OBSERVED BUILDUP OF SLIME ON THE SODA DISPENSING NOZZLES - IN KITCHEN. REPEAT VIOLATION. INSPECTIONS DATED 04/15/08 AND 11/03/08. * denotes critical violation District: 05 Case Number: 2008066330 License Type: 2010 License Number: 2613614 File Number: 196363 SUSHI HOUSE JAPAN

Docket for Case No: 09-001126