Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JIN HO RESTAURANT
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 17, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 27, 2010.
Latest Update: Dec. 24, 2024
May 1? 2010 13:41
5/16/2616 88:23 8584146749 DEPR OGA PAGE 83/86
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
JIN HO RESTAURANT License Number moses
Respondent YP
ponent Case Number 2009082274
Administratlve Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (Petitioner), files this Administrative Complaint against JIN HO RESTAURANT,
("Respondent"), and says:
1. Petitioner is the state agency charged with regulating the operation of public ladging 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 4646 S KIRKMAN:
ROAD, ORLANDO, FLORIDA 32814. The mailing address of record is JIN HO RESTAURANT, at 10623
BOCA POINTE DRIVE, ORLANDO, FLORIDA 32836. ;
Inspection of this establishment conducted pursuant to Sec. 609.032, Florida Statutes, revealed violations
of the provisions of Chapter 609, 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 attached as Exhibit “B”,
incorporated herein by reference.
bad
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 October 08, 2009
Valerie Freeman, District Manager
By delegation of the Directer, or designee
Division of Hotels & Restaurants
Department of Business & Professional Regulation
COUNSEL FOR THE DEPARTMENT:
. Mare Drexler, Lead Attorney
Figrida 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
hand served by me an this. day of , 2009
Received by:
Inspector's Signature Operator's Signature
a
Title Title
Case Number 2009052274 File Number: 209701 District Number: 04
License Number: 5804665 2010 Form ravised 07.15.09
JIM HO RESTAURANT
May 1? 2010 13:42
5/16/2616 88:23 8584146749 DEPR OGA PAGE 84/86
Exhibit A
License Number: 5804665
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2009052274
FG 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 Cade.
* denotes a critical violation.
Itis alleged that on November 12, 2008, February 3, 2009, September 14, 2009 the licensee was in violation of.
Florida Statute S09(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative
Code (FAC), in the fallowing particulars. Copy(s) of the report(s) for the above referenced inspection(s) ara
attached hereto and incorporated by reference as Exhibit B.
* 4,02-22-4 3-501.17(A)FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION,
REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA
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.
COOKED SHRIMP, COOKED PORK, AND COOKED NOODLES IN THE WALK IN COOLER HELD MORE
THAN 24 HOURS WERE NOT DATE MARKED. (OBSERVED 2/3/09 AND 9/14/09),
* 2. 0BA-23-1 9-302.11(A)1) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION,
HOLDING, AND DISPLAY FROM: {A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL
FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT
FOOD SUCH AS VEGETABLES, AND (8) COOKED READY-TO-EAT FOOD; .
RAW BEEF AND RAW SEAFOOD WERE STORED OVER COOKED CHICKEN IN THE WALK IN COOLER.
RAW GHIGKEN WAS STORED OVER COOKED BEEF IN THE WALK INCOOLER. ALSO, RAW EGGS
WERE STORED OVER READY TG EAT SAUCES IN THE REACH IN COOLER. (OBSERVED 2/3/09 AND
9/14/09).
* 3.084-29-1 3-902.11(A)(4) FC:; (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR
WRAPPINGS; ,
RIGE IN THE WALK IN COOLER AND CHICKEN IN THE REACH IN COOLER WERE NOT COVERED.
(OBSERVED 2/3/09 AND 9/14/09),
* 4.09-05-1 3-301.11(D) FO: 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.
A BOWL WITHOUT A HANDLE WAS USED TO SCOOP FRIED CHICKEN PIECES ON THE COOK'S LINE.
(OBSERVED 11/12/08, 2/3/09, AND 9/14/02),
* denotes critical violation District: 04
Case Number: 2009052274 License Type: 2010
License Number: 5804665 File Number: 209701
JIN HO RESTAURANT
May 1? 2010 13:42
5/16/2616 88:23 8584146749 DEPR OGA PAGE 85/86
Exhibit A
5.14-37-1 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 BOARD WAS BADLY GROOVED, (OBSERVED 2/3/09 AND 9/14/09).
B.27-12-1 3-304.14(BYK2) 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 4-501.114, AND USED FOR WIPING SPILLS FROM
FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT.
THE WET WIPING CLOTHS WERE STORED ON COUNTERS, NOTIN THE SANITIZING BUCKET.
(OBSERVED 2/3/09 AND 9/14/09).
* 731-001 5-205.11(A) FC: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT
IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE.
THE HAND SINK IN THE REAR PREP ROOM WAS BLOCKED BY BIG STORAGE CONTAINERS.
(OBSERVED 11/12/08, 2/3/09, AND 9/14/09).
* denotes critical violation District: 04
Case Number: 2009052274 License Type: 2010
Licanse Number: 5804665 File Number: 208701
JIN HO RESTAURANT
Docket for Case No: 10-002668