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: Feb. 23, 2025
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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
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Exhibit A
License Number. 1606671
License Type: 2010 PERMANENT FOOD SERVICE
Case Number 2009061305
Jun 21 2010 9:24
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"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
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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
Issue Date |
Proceedings |
Aug. 02, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Jul. 30, 2010 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jul. 19, 2010 |
Petitioner's Witness List filed.
|
Jul. 19, 2010 |
Petitioner's Exhibit List (exhibits not available for viewing) filed.
|
Jun. 30, 2010 |
Order Concerning Hearing Exhibits, Witnessess, and Dispute Resolution.
|
Jun. 30, 2010 |
Notice of Telephonic Final Hearing (hearing set for August 4, 2010; 9:00 a.m.).
|
Jun. 24, 2010 |
Response to Initial Order filed.
|
Jun. 21, 2010 |
Initial Order.
|
Jun. 21, 2010 |
Election of Rights filed.
|
Jun. 21, 2010 |
Administrative Complaint filed.
|
Jun. 21, 2010 |
Agency referral filed.
|