May 10 2010 14:37 gs/ag/2ale 89:19 8584146749 DEPR OGA PAGE @3/a9 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 5603157 HONG KONG RESTAURANT License Type 2010 Respondent. Case No, 2009024246 ADMINISTRATIVE GOMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (’Petitioner), files this Administrative Complaint against HONG KONG RESTAURANT, ("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 of the Division of Hotels and Restaurants. The respondent's business address of record is 4542 E HWY 20, NICEVILLE, FLORIDA 325789755. The mailing address of record Is HONG KONG RESTAURANT, at 4542 E HWY 20, NICEVILLE, FLORIDA 325789755. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter §09, 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 May 07, 2009 F . Ken Hensdill, 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 9849 7716 0817 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2003. Received by: Inspector's Signature Operator's Signature Title Title Case Number, 2009024246 File Number: 130869 District Number; 06 License Number: 5603157 2010 Form revised 07.07.07 HONG KONG RESTAURANT May 10 2010 14:38 gs/ag/2ale 89:19 8584146749 DEPR OGA PAGE @4/ag Exhibit A Lipense Number. 5603157 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009024246 “FQ” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, 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 June 13, 2008, August 13, 2008, August 14, 2008, December 5, 2008, April 20, 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4. 01BH46-1 610-4.010(2) FAC: (2) EXAMINATION AND CONDEMNATION OF FOOD -- FOOD MAY BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S. 509.032(4), FS. OBSERVED STOP SALE ISSUED ON POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABLISE (SEE STOP SALE NOTICE). REPEAT VIOLATION. * 2.02-22-1 3-501.17(A) FG: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND 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 GOUNTED A& DAY 7. OBSERVED READY-TO-EAT POTENTIALLY HAZARDOUS FOOD PREPAREED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY MARKED - EGGROLLS, COOKED CHICKEN AND COOKED PORK IN WALK-IN COOLER. * 3.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME (S$ 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 2-401.11(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 SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT, SHELLEGGS AT 72 DEGREES FAHRENHEIT, MARINATED CHICKEN AT 57 DEGREES FAHRENHEIT. Case Number 2009024246 File Number: 130869 District Number: 06 License Number: 5603157 2010 . Form revised 07.07.07 HONG KONG RESTAURANT May 10 2010 14:38 5/69/2616 69:19 8584146749 DEPR OGA PAGE 85/89 * 4.05-09-1 4-204.112 FG: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANIGALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, GOLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (GC) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE 1S NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO GONSPICUOUSLY LOCATED THERMOMETER IN REACH-IN COOLER NEXT TO OVEN. REPEAT VIOLATION. OBSERVED CONSPICUOUSLY LOGATED THERMOMETER IN REACH-IN FREEZER NEXT TO OVEN. REPEAT VIOLATION. * 5, 08A-26-1 3-302.11(A)1} FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND BISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSH! OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD IN WALK-IN COOLER, MARINATED CHICKEN OVER READY-TO-EAT VEGETABLES, REPEAT VIOLATION. * 6, 0BA-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM GROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN WALK-IN COOLER - EGG ROLLS. OBSERVED UNCOVERED FOOD IN WALK-IN COOLER - SHRIMP, MARINATED GHICKEN AND BEEF. REPEAT VIOLATION. OBSERVED UNCOVERED FOOD IN WALK-IN FREEZER. Cage Number 2009024246 Fille Number: 130869 District Nurmber: 06 License Number. 6603157 2010 Form revised 07.07.07 HONG KONG RESTAURANT May 10 2010 14:38 gs/ag/2ale 89:19 8584146749 DEPR OGA PAGE 86/a9 ” 7. 412A-16-1 2-301.14 FC: WHEN TO WASH, FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVIGE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.71(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (l) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED EMPLOYEE ENGAGED IN FOOD PREPARATION, HANDLE GLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS, SWITCHING FROM ONE JOB TASK TO ANOTHER WITHOUT WASHING HANDS. 8.14-49-1 4-202.11 FC:; FOOD-CONTACT SURFACES. (A) MULTIUSE FOOD-CONTACT SURFACES SHALL BE: (1) SMOOTH; (2) FREE OF BREAKS, OPEN SEAMS, CRACKS, CHIPS, INCLUSIONS, PITS, AND SIMILAR IMPERFECTIONS; 3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVICES; (4) FINISHED TO HAVE SMOOTH WELDS AND JOINTS; AND (5) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, ACCESSIBLE FOR CLEANING AND INSPECTION BY ONE OF THE FOLLOWING METHODS: (A) WITHOUT BEING DISASSEMBLED, (B) BY DISASSEMBLING WITHOUT THE USE OF TOOLS, OR (C) BY EASY DISASSEMBLING WITH THE USE OF HANDHELD TOOLS COMMONLY AVAILABLE TO MAINTENANCE AND CLEANING PERSONNEL SUCH AS SCREWDRIVERS, PLIERS, OPEN-END WRENCHES, AND ALLEN WRENCHES. (B) SUBPARAGRAPH (A)(5) OF THIS SECTION DOES NOT APPLY TO COOKING OIL STORAGE TANKS, DISTRIBUTION LINES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES. OBSERVED SINGLE-USE CONTAINERS (BOXES AND/OR GANS) REUSED FOR THE STORAGE OF FOOD, REACH-IN COOLER COOK LINE. REPEAT VIOLATION. 9.21-12-1 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 AT ACONCENTRATION SPECIFIED IN SECTION 4-801.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. REPEAT VIOLATION. District Number: 06 Number: 24246 File Number: 130869 Cae eter 880 Farm ravised 07.07.07 License Number: 5603157 2010 HONG KONG RESTAURANT May 10 2010 14:39 5/69/2616 69:19 8584146749 DEPR OGA PAGE 87/89 * 10.22-20-1 4-802.11(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 SUGH 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 BLACK MOL.D-LIKE SUBSTANCE IN THE INTERIOR OF IGE MACHINE. REPEAT VIOLATION. ~ 44,22-28-1 4601.11(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE NEXT TO OVEN. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH AGCUMULATION OF FOOD RESIDUE COOK LINE, REPEAT VIOLATION. 42. 23-05-1 4-602.13 FC:: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT AFREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED RESIDUE BUILDUP ON OUTSIDE OF REACH-IN COOLER/FREEZER NEXT TO OVEN. REPEAT VIOLATION. * 43.34-08-1 5-205.41(4) FC: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT 1S ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. OBSERVED HAND WASH SINK NOT ACCESIBLE FOR EMPLOYEES USE AT ALL TIMES - BLOCKED BY BOXES. * 44,32-16-1 6-301.12 FC: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) AHEATED-AIR HAND DRYING DEVICE. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS - KITCHEN. REPEAT VIOLATION, * 45.32-47-1 6301.11 FC:; HANDWASHING CLEANSER, AVAILABILITY. EAGH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. OBSERVED HANDWASHING CLEANSER LACKING AT HAND WASHING LAVATORY - KITCHEN. REPEAT VIOLATION. District Number: 06 ase Number: 2009024246 File Number: 130869 ence Num Form revised 07.07.07 License Number, 5603157 2010 HONG KONG RESTAURANT May 10 2010 14:39 gs/ag/2ale 89:19 8584146749 DEPR OGA PAGE @8/ag 16. 91-11-1 610-1.004(9)(D) FAC:: (DB) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY. OBSERVED CARBON DIOXIDE/HELIUM TANKS NOT ADEQUATELY SECURED. REPEAT VIOLATION. * 417, §3B-02-1 610-4,023(4)(C) FAC: (0) LIGENSEES WHO PROVIDE IN-HOUSE EMPLOYEE TRAINING SHALL MAKE AVAILABLE ON THE PREMISES OF THE ESTABLISHMENT, OR IN A THEME PARK OR ENTERTAINMENT COMPLEX IN A CENTRAL LOCATION, UPON THE DIVISION'S REQUEST, THE CURRICULUM AND MATERIALS USED TO CONDUCT TRAINING, IF TRAINING 1S OBTAINED FROM AN OUTSIDE PROVIDER, THE LICENSEE MUST PROVIDE, UPON THE DIVISION'S REQUEST, INFORMATION ABOUT THE SELECTED TRAINING PROGRAM AND METHODS USED TO EVALUATE TRAINING OUTCOMES. TRAINING OUTCOMES INCLUDE EMPLOYEES CORRECTLY APPLYING PROCEDURES AND ANSWERING QUESTIONS RELATIVE TO ASSIGNED DUTIES. EMPLOYEES MUST PERFORM THEIR WORK DUTIES SAFELY IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF THE FOOD CODE. OBSERVED EMPLOYEES PROVIDED INI-HOUSE TRAINING NOT PERFORMING THEIR WORK DUTIES IN A MANNER CONSISTANT WITH THE FOOD CODE REQUIREMENTS, EMPLOYEES NOT WASHING HANDS WHEN NECESSARY. District Number: 05 5 4 File Number: 130869 Case Number: 2009024246 le Nut Form revised 07.07.07 License Number: 5603157 2010 HONG KONG RESTAURANT

Docket for Case No: 10-002479