Be/27/ 2018 83:38 Jun 28 2010 3:50 8584146749 DEPR OGA PAGE | State of Florida | . Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS L Number |1619007 DONNA'S RESTAURANT License Type 7040 Respondent Case Number 2009063142 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against DONNA'S RESTAURANT, (‘Respondent’), and says 4 Petioner 1s the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20 168 and Chapter 509, Florida Statutes 2 Resgondentis, and has been at all times material hereto, hcensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of recard ts 3294 N SR 7, LAUDERDALE LAKES, FLORIDA 233319 The mailing addresd of record DONNA’S RESTAURANT, at 3204 N SR 7, LAUDERDALE LAKES, FLORIDA 23319: 3 Inspection of this establishment conducted pursuant to Sec’ 509 032, Florida Statutes, revealed violations of the provisrons of Chapter 509, Florida Statutes, and / or the ules Promulgated thereto governing operation of the establishment The violation(s) found and appiicable taw are described in Exhibit “A,” attached hereto and incorporated herein by reference Inspection document are attached as Exhibit “B’, Incorporated herem by reference : WHEREFORE, Fehtioner respectfully requests entry of an Order imposing one or more of the following penalties acmimstrative fine not to exceed 51 .000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authonzed by Chapter 509, Florida Statutes, of the rules promulgated thereto ; Signed December 08, 2009 Ken Buck, Districl Manager By delegation of the Director, or designee Division of Hot Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Flonda 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 on this, day of : . 2009 Recewed by Inspector's Signature Title Case Number 2009063142 File Number 106010 License Number 1619007 2010 BONNA’S RESTAURANT Operator's Signature a i , Title Disinet Number 02 Form revised 10 15 09 63/86 Jun 28 2010 3:50 Be/27/ 2018 83:38 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number 1649007 Licensa Type 2010 PERMANENT FOOD SERVICE Case Number 2009063142 "EC" as cited herain references specific provisions of the FaodiCade, Recommendations of the United States Puble Health Service, Food and Drug Administration, Incorparated by Chapter 61C, Flonda Administrative Code “NEPA” as cited herein references specific provisions of the National Fire Protection Association Life Safely Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions”, Florida Admmustrative Code, and 61C-1,004(5), Florida Administrative Code “" denotes a critical violation | itis alleged that on October 1, 2009, December 2, 2009 the license was In violation of Florida Statute 508(FS) and/or the Rules of the Division of Hatels and Restaurants, Florida Administrative Code (FAC), in the following particulars Gopy(s) of the report(s) for the abave referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B : * 4 05-08-1 4-30212FC FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT ‘AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3 (B) A TEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT IS DESIGNED TO MEASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS OBSERVED NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. * 2 O8A19-1 3202.15FC. PACKAGE INTEGRITY FOOD|PACKAGES SHALL BE IN GOOD CONDITION AND PROTECT THE INTEGRITY OF THE GONTENITS 80 THAT THE FOOD [S NOT EXPOSED TO ADULTERATION OR POTENTIAL CONTAMINANTS , A. OBSERVED TORN PACKAGES! BAGS OF FOOD EXPOSING THE GONTENTS TO CONTAMINATION...RICE, FLOUR. l ‘ | B, OBSERVED FOOD STORED IN A PROHIBITED AREA,,.UNLOCKED REACH-INS WITH RAW MEATS AND VEGETABLES IN CUSTOMER ACCESSIBLE HALLWAY. 3 °14-36-1 4-50117 FCO GOOD REPAIR AND PROPER ADJUSTMENT (A) EQUIPMENT SHALL 8E MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2 (B) EQUIPMENT COMPONENTS SUCH|AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN AGCORDANGE WITH MANUFACTURERS’ SPECIFICATIONS (C) CUTTING ORI PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER I8 OPENED. I ; OBSERVED GASKETS/ SEALS ON COLD HOLDING UNIT IN POOR REPAIR...REACH-IN COOLER. * 497-416-1202 12(A) AND (B) FC = HANDWASHING FACILITY, INSTALLATION (AYA HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET (B)A 8TEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY OBSERVED HOT WATER NOT PROVIDED/ SHUT OF AT EMPLOYEE HAND WASH SINK...KITCHEN. 5 90-14-14 5-205.15FC. SYSTEM MAINTAINED IN GOOD|REPAIR A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW, AND (B) MAINTAINED IN GOOD REPAIR OBSERVED LEAKING PIPE AT PLUMBING FIXTURE BY THREE-COMPARTMENT SINK. Case Number 2009063142 File Number 106010 Distnet Number 02 Licanse Number 1619007 2010 Form revised 10 15 08 BONNA'S RESTAURANT Jun 28 2010 3:50 Be/27/ 2018 83:38 8584146749 DEPR OGA PAGE 85/86 * 6 35B-04-1 6-202 15FC* OUTER OPENINGS, veordeten (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (oor THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAIN T THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO ALARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTAGHED STRUCTURE, SUCH AS A PORCH, AND THE QUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE! ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE 80 THEY ARE NOT USED FOR ENTRANCE OR EXIT FROMTHE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE (DB) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDO' § OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN W j ICH A FOOD ESTABLISHMENT |S LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT |S NOT PROVIDED WITH WINDOWS AND. DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) 16 MESH TO 1 INCH SCREENS, (2) PROPERLY DESIGNED ANDO INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS {E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION OBSERVED OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION...REAR DOOR. 7.37-10-1 810-1 004(6) FAC. (8) ALL BUILDING STRUCTURAL COMPONENTS, ATTAGHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS OBSERVED ATTACHED EQUIPMENT SOILED WITH AccuMU-ATED GREASE...HOOD FILTERS. * 8 53A-09-1 61G-4023(1)FAC (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE onl FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS : OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON'DUTY WITH 4 OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. ‘ Gase Number 2009063142 Fila Number 106010 Dustret Number 02 License Number 1619007 2010 Form revised 10 15 09 DONMNA'S RESTAURANT

Docket for Case No: 10-004139