Feb 19 2010 14:26 g2/1e/281e egy 8584146749 DEPR OGA PAGE 83/87 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. SZECHUAN PANDA Il tone treed Respondent. Case Number 2009045776 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND _ RESTAURANTS, (‘Petitioner’), files this Administrative Complaint agalnst SZECHUAN PANDA II, (‘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. Respondentis, and has been at all times material hereto, licensed by or subject to the Jurisdiction ofjthe Division of Hotels and Restaurants. The respondent's business address of record is 2031 NW 13 ST, GAINESVILLE, FLORIDA 326093410.The mailing address of record is SZECHUAN PANDA II, at 2031 NW 13 ST, GAINESVILLE, FLORIDA 326093410. 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 Is described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspection documents are altached as Exhibit "B’, incorporated herain 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, 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 August 31, 2009 f f Stéven Von Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attomey Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 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 Io, hand served by me on this. day of ' Received by: Inspector's Signature Operator's Signature Title Title Cage Number: 2008045776 Fila Number: 99202 District Number: 05 Ligenge Number: 1102560 2010 Form revised 07,15,09 SZECHUAN PANDA II Feb 19 2010 14:26 g2/1e/281e egy 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number, 1102560 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009045776 FC as cited herein references specific provisions of the Food Cade, 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 Coda, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61G-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on December 1, 2008, May 8, 2009, July 14, 2009 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) ara attached hereto and incorporated by reference as Exhibit B. * 4,02-22-1 3-501.47(A) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARROUS FOOD PREPARED AND HELD IN 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. OBSERVED READY-T0-EAT POTENTIALLY HAZARDOLIS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. INSPECTIONS DATED 5-8-09 AND 7-14-09. * 2.09A-07-1 3-S01.16(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 t j 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) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. PORK 44°F, RAW CHICKEN 56°F AND COOKED CHICKEN 48°F IN WALKIN GOOLER. GARLIC AND OIL 89°F ON COOKLINE, BEEF 52°F INREACHIN COGLER. REPEAT VIOLATION. wo © 304-041 4301.11 FC: COOLING, HEATING, AND HOLDING CAPACITIES, EQUIPMENT FO COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT nN NUMBER AND GAPAGITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURE DURING CALL BACK INSPECTION. COOKLINE REACHIN ‘ COOLER. REPEAT VIOLATION. * 4.06-01-1 3501.13 FC THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1) AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR 4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD * denotes critical viclation District: 05 Case Number: 2008045776 ‘ License Type: 2010 License Number: 1102560 File Number: 99202 SZECHUAN PANDA II Feb 19 2010 14:26 g2/1e/281e egy 8584146749 DEPR OGA PAGE Exhibit A REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) TO BE ABOVE ° 41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD IS EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (B) THE TIME iT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 41 DEGREES FAHRENHEIT; (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT |S FROZENIIS: (1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) OR SECTION 3-401.12, OR o THAWED IN A MIGROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED IN AN IMPROPER MANNER. FOOD NOT COMPLETELY SUBMERGED UNDER RUNNING WATER. INSPECTIONS DATED 5-8-09 AND 7-14-09, 5, 10-02-1 3-304.12(C) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (G) ON A CLEAN PORTION OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ONLY IF THE IN-USE UTENSIL AND THE| FOOD-CONTACT SURFACE OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ARE CLEANED AND SANITIZED AT A FREQUENCY SPECIFIED UNDER SECTIONS 4-602.11 AND 4-702/11; OBSERVED IN-USE UTENSILS NOT STORED ON A CLEAN PORTION OF FOOD PREPARATION 0; COOKING EQUIPMENT. TONGS HOOKED ON OVEN HANDLE. INSPECTION DATED 5-8-09. 6.14-37-1 4-501,12FC: 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. OBSERVED CUTTING BOARD GROOVED/PITTED AND NO LONGER CLEANABLE. INSPECTION DATED 5-8-09 AND 7-14-09. 1451-4 4-101.11 FG: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFAGES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES T' FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT: (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE) AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED NONFOOD-GRADE GONTAINERS USED FOR FOOD STORAGE. USING CARRY-OUT BAGS FOR FOGD STORAGE. INSPECTIONS DATED 5--09 AND 7-14-09. * 7,.20A10-4 4501.114(A) FO: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, 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 27 CFR 174.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A)A CHLQRINE 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 19 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.] : OBSERVED DISH MACHINE SANITIZER NOT AT PROPER MINIMUM STRENGTH. 8.24-12-41 3-304,14(B)(2) FC: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER * denotes critical violation District: 05 Case Number: 2009045776 License Type: 2010 License Number: 1102560 File Number; 99202 SZECHUAN PANDA II a5/a7 Feb 19 2010 14:27 g2/1e/281e egy 8584146749 DEPR OGA PAGE 86/a7 Exhibit A AT ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USAGE. KITCHEN, PREP AND WAIT AREAS, REPEAT VIOLATIONS. * 9.22.97-1 4-B01,11(A)FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHAUL BE CLEAN TO SIGHT AND TOUCH. OBSERVED FOOD CONTACT SURFACES ENCRUSTED WITH GREASE AND/OR SOIL DEPOSITS. WOODEN CUTTING BOARDS AND SCCOPS USED FOR POWDERED FOOD PRODUCT. INSPECTIONS DATED 5-8-09 AND 7-14-09. 40. 23-06-1 4-601.44(C) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED BUILDUP OF DUST OR DIRT ON NON-FOOD CONTACT SURFACE (FAN IN KITCHEN) INSPECTIONS DATED 5-8-09 AND 7-14-09. © 44. 32-151 6-30.14 FC AND 61G-1,004(2)(C) FAC: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT AL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE T' FOOD EMPLOYEES’. OBSERVED NO HAND WASHING SIGN PROVIDED AT HAND SINK USED BY. FOOD EMPLOYEES - GOOQKLINE. REPEAT VIOLATION. District: 05 Lieanse Type: 2010 Fila Number: 89202 * denotes critical violation Case Number: 2009045776 License Number: 1102560 SZECHUAN PANDA II

Docket for Case No: 10-000908