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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JIN HO RESTAURANT, 10-002668 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002668 Visitors: 5
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
Issue Date Proceedings
May 27, 2010 Order Closing File. CASE CLOSED.
May 25, 2010 Notice of Voluntary Dismissal filed.
May 18, 2010 Initial Order.
May 17, 2010 Election of Rights filed.
May 17, 2010 Administrative Complaint filed.
May 17, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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