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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs Q KITCHEN, 10-003340 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-003340 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: Q KITCHEN
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Deerfield, Florida
Filed: Jun. 21, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 2, 2010.

Latest Update: Jun. 26, 2024
B6/ 26/2818 ad: ad dun 21 2010 8584146749 DEPP OGA State of Florida ! 9:24 PAGE Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS License Number 16066 Q KITCHEN License Type 2010 Respondent yl Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Q RESTAURANTS, (‘Petitioner’), files ths Administrative Complaint, agarnst says 4 Petitioner rs the state agency charged with regulating the operation of pub: public food service establishments, pursuant to Section 20 165 and Ch 2 Respondentis, and has been at all times maternal hereto, hcensed by = Case Number 2009061305 lor VISION OF HOTELS AND ITCHEN, (‘Respondent’), and ic lodging establishments and er 509, Flonda Statutes pject to the yunsdiction of the ap Division of Hotels and Restaurants The respondent's business address of record is 206 N FEDERAL HWY, DEERFIELD BCH, FLORIDA 334413612 The mailing address FEDERAL HWY, DEERFIELD BCH, FLORIDA 334413612 3 Inspection of this establishment conducted pursuant to Sec 509 032, of the provisions of Chapter 509, operation of the establishment The violatian(s) found and applicable lof record 1 Q KITCHEN, at 208 N i Florida Statutes, revealed violations Florida Statutes, and / or the rules promulgated thereto governing law are described in Exhibit "A," attached hereto and incorporated herein by reference Inspection doclimehts are attached as Exhibit “B", incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order Imposing penaltes administrative fine ; issued pursuant to this Chapter, rules promulgated thereto Signed November 30, 2008 and/or any other relief authorized by Cha f not to exceed $1,000 per offense, suspension, one or more of the following vocation, or refusal of a license ter 509, Florida Statutes, or the Ken Buck, District bet By delegation of the Direc Division of Hotels;& Rast Department of Business COUNSEL FOR THE DEPARTMENT ' Marc Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regutation 1940 North Monroe Street ! ‘Tallahassee, Florida 32399-2202 . Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and Or, lor designee rants Professional Regulation ee correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of __} 2009 Received by oe inspector's Signature Operator's Signature Title Title Gase Number 2009051305 File Number 102318 License Number 1506671 2010 Q KITCHEN District Number 02 Form revised 10 15 09 63/86 G6/ 26/2018 Gd: ad B5e4146749 Exhibit A License Number. 1606671 License Type: 2010 PERMANENT FOOD SERVICE Case Number 2009061305 Jun 21 2010 9:24 DEPR OGA PAGE | | i . "EC" as cited herein references specific provisions of the Food Code, Recommendatiens of the United States Public Health Service, Food and Orug Administration, incorporated by Chapter @1iC, Florida Administrative Code “NEPA” as cited herein references specific provisions of the Natonal Fire Protection Association Life Satety Gode, incorporated by reference at Chapter 44-3, “Fire Prevention), General Provisions”, Florida Administrative Code, and 61G-1 004(5), Flonda Administrative Code “” denotes a critical violation itis alleged that on May 12, 2009, November 12, 2009 the licensee was If) and/or the Rtules of the Division of Hotels and Restaurants, i \ : wratation of Florida Statute 509(FS) Florida Admumistrative Cade (FAC), 1n the following I particulars Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 4 02-22-14 3-601.17(A) FC 4 (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 SHALLIBE CL ARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOCD SHALL BE CONSUMED ON TH! PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME GOMBINATIONS SPECIFIED BELOW (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS, THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1 A. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS|FOOD PREPARED ON SITE AND HELO MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...VARIOUS FOODS IN WALK-IN COOLER. B. OBSERVED WORKING GONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY GOMMON NAME. “ 9 OBA26-1 3-302 11(A)(1) FO (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLOING, AND DISPLAY FROM (A) RAW READY-TO-EAT FOOD INGLUDING OTHER RAW ANIMAL, FOOD SUGH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FQ OD; A, OBSERVED RAW ANIMAL FOOD STORED OVER READY OE FO@D...RAW EGGS OVER PREPARED PRODUCE, RAW CHICKEN OVER PREPARED PRODUCE AND COOKED MEAT IN WALK-IN COOLER. B. OBSERVED FOOD STORED ON THE FLOOR...CARROTS " WALK-IN COOLER. C. OBSERVED UNCOVERED FOOD IN HOLDING UNIT/ COVERED IN WALK-IN COOLER. * 3 12A-02-1 5-205.11(B) FC" DRY STORAGE AREA...FOOD NOT PROPERLY USING A HANDWASHING taciLiTy, ®) A HANDWASHING FACILITY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING OBSERVED HAND WASH SINK USED FOR PURPOSE OTHER THAN HAND WASHING... STORAGE. Case Number 2009061305 File Number 102318 Licanga Number 1606671 2010 O KITGHEN | District Number 02 | Form revised 10 15 09 t a4/G6 Jun 21 2010 9:24 86/20/2018 84:84 8584146749 DEPR OGA PAGE 85/86 | | | 413-031 2-402.11FC EFFECTIVENESS (A) EXCEP7)| AS PROVIDED IN PARAGRAPH (8) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RES) RAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND GLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEFP THEIR HAIR IFROM ONTACTING EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS, AND LINENS, AND UNWRAPPED SINGLE” SERVICE AND SINGLE-USE ARTICLES (2) THIS SECTION DOES NOT APPLY TO FOOD EMPLOVEES' SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED Fao, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS, AND UNWRAPPED SINGLE-SERYICE AND SINGLE-USE ARTICLES OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. | 5 14-49-17 4-202 11 FC FOOD-CONTACT SURFACES (A) mulrube 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 OR CLEANING AND INSPECTION BY ONE OF THE FOLLOWING METHODS (A} WITHOUT BEING DISA; SEMBLED, (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 OILISTORAGE TANKS, DISTRIBUTION LINES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES | OBSERVED SINGLE-USE CONTAINERS (BOXES AND/ OR CANS) REUSED FOR THE STORAGE OF FooD, * 6 2219-1 4-602 12 FC: COOKING AND BAKING EQUIPMENT {A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS THIS SECTION DOES NOT APPLY TQ HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602 11(D)X(6) (B) THE AVITIES AND DOOR SEALS OF MIGROWAVE OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE OBSERVED INTERIOR OF MICROWAVE SOILED. ' 7 29-031 4-801 11(C) FC: _(C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT. FOOD RESIDUE, AND OTHER DEBRIS OBSERVED BUILD-UP OF GREASE ON NON-FOOD CONTACT SURFACE!.HOOD FILTERS. * 3 52.01-1 509292(1)FS. (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT [TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT THE IDENTITY OF FOOD OR A FOOD PRODUCT I$ MISREPRESENTED IF (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS'FALSE|OR MISLEADING IN ANY PARTICULAR, (B) THE FOOD OR FOOD PRODUCT 1S SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT, OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT bogs NOT GONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND! USAGE OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED..CRAB RANGOON, CRAB MEAT IN SEAFOOD DELIGHT AND HAPPY FAMILY BUT ESTABLISHMEN USES IMITATION CRAB MEAT. Case Number 2009061305 File Number 102818 ' Oistriet Number D2 License Number 1606671 2010 . Ferm revised 10 15 08 QXITGHEN

Docket for Case No: 10-003340
Source:  Florida - Division of Administrative Hearings

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