ag/1e/ 2018 8:56 8584146749 Feb 19 2010 14:14 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation D DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5. SPICE MODERN STEAKHOUSE Respondent. f ee {vision of Hotels and Restaurants License Number. Be10165 License Type 2010 Case Number 2009055608 Administrative Complaint lata The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SPICE MODERN STEAKHOUSE, ("Respondant’}, and says: 4, 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, Respondentis, and has been at all times material hereto, Iicansed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respandent'’s business address of record is 407 E CENTRAL BLVD, ORLANDO, FLORIDA 32801.The mailing address of record is SPICE MODERN STEAKHOUSE, at PO. BOX 520085, LONGWOOD, F 3. Inspection of this establishment conduct of the provisions of Chapter 509, Flor aperation of the establishment. The vi attached hereto and incorporated herein incorporated herein by reference. LORIDA 32752. , ed pursuant to Sec, 509.032, Florida Statutes, revealed violations Statutes, and / or the rules promulgated thereto governing iolation(s) found and applicable law are described in Exhibit “A,” by reference. Inspection documents are attached as Exhibit "6", 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, suspensicn, revocation, or refusal of a license issued pursuant to this Chapter, and/or any otter relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. t= COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 igned Noverhber 10, 2009- a Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Department of Business 8 Professional Regulation 14940 North Monroe Street Tallahassee, Florida 39309-2202 Certificate of, Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2009. hand served by me on this, Inspector's Signature Title Case Number: 2009055608 Fila Number: 212305 Llcahea Number 5810185 2010 SPICE MODERN STEAKHOUSE day of Received by: Operator's Signature — Tithe District Number: 04 Form revised 10,15.02 a3/ay Feb 19 2010 14:15 @2/18/2818 88:56 8584146749 DEPR OGA PA GE ad/ay Exhibit A License Number: 5810165 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009055606 FC 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 616, Florida Administrative Cade. NFPA as cited herein references specific provisions af the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Preventlon, General Provisions, Florida Administrative Code, and 61C-1.004{5), Florida Administrative Code. * denotes a critical violation. itis alleged that on April 29, 2009, October 6, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rutas of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the follawing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. «4. 02-22-1 3601.17(A) FO (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ANO HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1, AND . 92-07-1 3-304.16(8) AND (C) FC: (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, SELF-SERVICE CONSUMERS MAY NOT BE ALLOWED TO USE SOILED TABLEWARE, INCLUDING SINGLE-SERVICE ARTICLES, TO OBTAIN ADDITIONAL FOOD FROM THE DISPLAY AND SERVING EQUIPMENT, (C) DRINKING CUPS AND CONTAINERS MAY BE REUSED BY SELF SERVICE CONSUMERS IF REFILLING IS A CONTAMINATION-FREE PROCESS AS SPECIFIED UNDER SECTION 4 204.13(A)(B) AND (D). READY TO EAT POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS WAS NOT DATE MARKED (COOKED POTATOES, PASTA, AND RIGE). ALSO, READY TO EAT POTENTIALLY HAZARDOUS PROCESSED FOOD THAT WAS HELD MORE THAN 24 HOURS WAS NOT DATE MARKED AFTER OPENING (DELI MEAT). * 2.02-26-1 3-302.12FC: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD, WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. WORKING CONTAINERS OF FOOD (BULK CONTAINERS AND SQUEEZE BOTTLES) WERE NOT LABELED, * denotes critical violation , District: 04 Case Number: 2009055606 License Type: 2010 Licanse Number: 5810165 File Number: 212305 SPICE MODERN STEAKHOUSE Feb 19 2010 14:15 g2/1e/2818 88:56 8584146749 DEPR OGA PAGE 85/87 Exhibit A * 3.03A-07-1 .3-501.16(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME I$ 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 AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPEGIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; BEEF WAS 54 DEGREES FAHRENHEIT, CHICKEN WAS 55 DEGREES FAHRENHEIT, PROCIUTTO AND TURKEY WERE 52 OEGREES FAHRENHEIT AND SAUSAGE AND HAM WERE 53 DEGREES FAHRENHEIT, IN THE WALK IN COOLER. ALSO, LINGUINI WAS 50 DEGREES FAHRENHEIT AND CHEESE RAVIOLI WAS 45 DEGREES FAHRENHEIT IN THE REAGH IN COOLER. * 4. 08A-24-1 3-302.11(A)(2) FE: (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: (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 EAGH TYPE OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS; : RAW GHICKEN WAS STORED NEXT TO RAW BEEF. §.14-37-1 4-501,12 FC: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. THE CUTTING BOARDS AT THE MAKETABLES WERE HEAVILY STAINED AND GROOVED. * 6.20A01-1 4-701.10 AND 4-702.11 FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE SANITIZED. BEFORE USE AFTER CLEANING. UTENSILS AND FOOD-CONTACT - SURFAGES OF EQUIPMENT SHALL BE SANITIZED BEFORE USE AFTER CLEANING. THE DISH MACHINE CHLORINE SANITIZER WAS NOT AT PROPER STRENGTH (OPPM). 7. 21-16-1 3-304,14(B)(2) FC AND 4-501,114(C) FC: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (1) DRY AND USED FOR WIPING FOOD SPILLS FROM TABLEWARE AND CARRY-OUT CONTAINERS; OR (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT, 4- 501.114(C): A QUATERNARY AMMONIUM COMPOUND SOLUTION SHALL: (1) HAVE A MINIMUM TEMPERATURE OF 75 DEGREES FAHRENHEIT, (2) HAVE A CONCENTRATION AS SPEGIFIED UNDER SECTION 7-204.11 AND AS INDICATED BY THE MANUFACTURER'S USE DIRECTIONS INCLUDED IN THE LABELING, AND (3) BE USED ONLY IN WATER WITH 500 MG/L HARDNESS OR LESS OR IN WATER HAVING A HARDNESS NO GREATER THAN SPECIFIED BY THE MANUFACTURER'S LABEL; 7- 204,11: SANITIZERS, CRITERIA, CHEMICAL SANITIZERS AND OTHER CHEMICAL ANTIMICROBIALS APPLIED TO FOOD CONTACT SURFACES SHALL MEET THE REQUIREMENTS SPECIFIED IN 21 CFR 178.1010 SANITIZING SOLUTIONS. THE WIPING CLOTH QUAT SANITIZER WAS NOT AT PROPER STRENGTH (OPPM). * denotes critical violation . District: 04 Case Number, 2009055606 Licanse Type: 2010 License Number: 5810165 File Number: 212305 SPICE MODERN STEAKHOUSE Feb 19 2010 14:16 2/18/2018 @8:56 s85edi4e7d 82/1 : 4 DEPR OGA PAGE @6/a7 Exhibit A © 8.3217-1 &301.11 FC: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITHA SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. HAND WASHING CLEANSER WAS LACKING AT THE HAND WASHING SINKS ON THR COOKLINE AND AT THE BACK PREP AREA. * 9 4{A02-1 7-201.11FC:: SEPARATION. POISONOUS OR TOXIG MATERIALS SHALL BE STORED 80 THEY CAN NOT CONTAMINATE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES BY: (A) SEPARATING THE POISONOUS OR TOXIC MATERIALS BY SPACING OR PARTITIONING; AND (B) LOCATING THE POISONOUS OR TOXIC MATERIALS IN AN AREA THAT IS NOT ABOVE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE OR SINGLE-USE ARTICLES. THIS PARAGRAPH DOES NOT APPLY TO EQUIPMENT AND UTENSIL CLEANERS AND SANITIZERS THAT ARE STORED IN WAREWASHING AREAS FOR AVAILABILITY AND CONVENIENCE IF THE MATERIALS ARE STORED TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES. WINDOW CLEANER WAS STORED ON THE FOOD PREP SHELF. * denotes critical violation District: 04 Case Number: 2009055606 . License Type: 2010 Licanse Number: 5810165 * File Number: 212305 SPICE MODERN STEAKHOUSE

Docket for Case No: 10-000906