9/22/2616 16:27 8584146749 St Department of Busin Sep 23 2010 15:49 DEPR OGA PAGE ite of Florida ss and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. SHUCKER'S OYSTER BAR Respondent. / license Number, 5501031 License Type 2010 Case Number 2009061574 dministrative Complaint The DEPARTMENT OF BUSINESS AND PROFE RESTAURANTS, ("Petitioner’), files this Administ (Respondent’), and says: SSIONAL REGULATION, DIVISION OF HOTELS AND rative Complaint against SHUCKER'S OYSTER BAR, 1. Petitioner is the state agency charged with ra public food service establishments, pursuant 2. Respondent is, and has been at all times mai Division of Hotels and Restaurants. The res NASSAUVILLE RD, FERNANDINA BEACH, FLORIDA SHUCKER'S OYSTER BAR, at 95415 BARI 3. Inspection of this establishment conducted pi of the provisions of Chapter 509, Florida Stat operation of the establishment. The violation ulating the operation of public ladging establishments and © Section 20.165 and Chapter 509, Florida Statutes. rial hereto, licensed by or subject to the jurisdiction of the ondent’s business address of record is 942699 OLD 32034.The mailing address of record is ELL RD, FERNANDINA BEACH, FLORIDA 32034, rsuant to Sec. 508.032, Florida Statutes, revealed violations tes, and / or the rules promulgated thereto governing )found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by reference. penalties: administrative fine not to exceed $1,0 0 per offense, suspension, revocation, or refusal of a license WHEREFORE, Petitioner respectfully requests 10 of an Order imposing one or more of the following Issued pursuant to this Chapter, and/or any othe! rules promulgated thereto. Signed November 30, 20 COUNSEL FOR THE DEPARTMENT; Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Reguiatia! 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER’ | HEREBY CERTIFY that a true and corract cop hand served by me on this day of Inspector's Signature Tithe Case Number; 2009081574 File Number: 217725 License Number: 5501031 2010 SHUCKER'S OYSTER BAR By delegation of the Director, or designee relief authorized by Chapter 509, Florida Statutes, or the téven von Bodungen, Distriét Manager ivision of Hotels & Restaurants partment of Business & Professional Regulation mn 7160 3901 9845 1454 G777 of the foregoing ADMINISTRATIVE COMPLAINT has been Received by: Operator’s Signature Title Diskict Number: 05 Form revised 10.15.08 63/66 ag/22/2818 1e:27 8584146749 Exhibit A License Number: 6501031 License Type: 2010 PERMANENT FOOD SERVI Case Number: 2009061574 FC as cited herein references specific provisions ‘Public Health Service, Food and Drug Administra Sep 23 2010 15:50 DEPR OGA PAGE CE of the Food Code, Recommendations of the United States ion, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific pravisions of the National Fire Protection Association Life . Safety Code, incorporated by reference at tla A 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 610-1.004(5), Florida * denotes a critical violation, It is alleged that on August 3, 2009, August 4, 20) Statute 509(FS) and/or the Rules of the Division (FAG), in the following particulars. Copy(s) of the! hereto and incorporated by reference as Exhibit 5. CHARACTERISTICS. MATERIALS THAT ARE USED IN THE 1.14-51-1 4107.11 FC: ministrative Code, 9, Octaber 13, 2009 the licensee was in violation of Florida f Hotels and Restaurants, Florida Administrative Code report(s) for the above referenced inspection(s) are attached CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFAGES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE: (B} DURABLE, CORROSION- RESISTANT, AND NONABSORBENT, (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED T! (E) RESISTANT TO PITTING, CHIPPING, GRAZ! DECOMPOSITION. OBSERVED NONFOOD-GRADE CONTAINERS 2. 18-05-1 4-03.12 FC: SHALL BE SCRAPPED OVER A WASTE DISP: REMOVED IN A WAREWASHING MACHINE W EFFECTIVE CLEANING, UTENSILS AND EQUI SCRUBBED WITH ABRASIVES. HAVE A SMOOTH, EASILY GLEANABLE SURFACE; AND NG, SCRATCHING, SCORING, DISTORTION, AND USED FOR FOOD STORAGE, BULK CONTAINERS. SAL UNIT OR GARBAGE RECEPTAGLE OR SHALL BE HAPREWASH CYCLE. (B) IF NECESSARY FOR MENT SHALL BE PREFLUSHED, PRESOAKED, OR aera FOOD DEBRIS ON EQUIPMENT AND UTENSILS OBSERVED OLD FOOD STUCK TO CLEAN DISHWARE/UTENSILS. KNIVES ON RACK. * BA 22-47-1 4-502.14(C) AND (BD) FC: (C SECTION, IF USED WITH POTENTIALLY HAZ, SURFACES AND UTENSILS SHALL BE CLEAN (D) SURFACES OF UTENSILS AND EQUIPME BE CLEANED LESS FREQUENTLY THAN EVE POTENTIALLY HAZARDOUS FOOD AND THE! SPECIFIED UNDER CHAPTER 3 AND THE CO UTENSILS AND EQUIPMENT ARE USED TO P AREA THAT IS MAINTAINED AT ONE OF THE THE UTENSILS AND EQUIPMENT ARE CLEAN [TEMPERATURE/GLEANING FREQUENCY] TH DEGREES FAHRENHEIT OR LESS - 24 HOUR FAHRENHEIT - 6 HOURS, GREATER THAN 5 EXCEPT AS SPECIFIED IN PARAGRAPH (2) OF THIS RDOUS FOOD, EQUIPMENT FOOD-CONTACT D THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS. T CONTACTING POTENTIALLY HAZARDOUS FOOD MAY RY 4 HOURS IF; (1) IN STORAGE, CONTAINERS OF R CONTENTS ARE MAINTAINED AT TEMPERATURES TAINERS ARE CLEANED WHEN THEY ARE EMPTY; (2) EPARE FOOD IN A REFRIGERATED ROOM OR EMPERATURES IN THE FOLLOWING CHART AND: (A) ED AT THE FREQUENCY IN THE FOLLOWING CHART T CORRESPONDS TO THE TEMPERATURE: [AT 41 ; GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT DEGREES FAHRENHEIT - 20 HOURS; Taaw THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES - 10 HOURS] (B) THE CLEANING FREQUENC BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS IS DOCUMENTED IN THE FOOD ESTABLISHMENT, (3} CONTAINERS IN SERVING SITUATIONS S§ HOLD READY-TO-EAT POTENTIALLY HAZAR TEMPERATURES SPECIFIED UNDER CHAPT) ADDITIONAL SUPPLIES OF THE SAME FOOD * denotes critical violation Gase Number: 2008061574 License Number: 5501031 SHUCKER'S OYSTER BAR CH AS SALAD BARS, DELIS, AND CAFETERIA LINES OUS FOOD THAT IS MAINTAINED AT THE R 3, ARE INTERMITTENTLY COMBINED WITH [THAT IS AT THE REQUIRED TEMPERATURE, AND THE District: 05 License Type: 2010 File Number: 217725 a4/a6 ag/22/2818 1e:27 8584146749 Exhibit A CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS, Sep 23 2010 15:50 DEPR OGA PAGE (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH ines sees AS WHEN LEFT IN A CONTAINER OF DELI FOOD OR IN A ROAST, HELD AT TEMPERATURES THE EQUIPMENT 15 CLEANED AT A FREQU SOIL RESIDUES; (6) THE CLEANING SCHED CHARACTERISTICS OF THE EQUIPMENT AND PECIFIED UNDER CHAPTER 3: (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR REGLEhCY FOOD SUCH AS A REACH-IN REFRIGERATOR AND E CY NECESSARY TO PRECLUDE ACCUMULATION OF LEIS APPROVED BASED ON CONSIDERATION OF: (A) ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND MULTIPLICATION OF PATHOGENIC OR TOX! CAUSING FOODBORNE DISEASE: OR (7) IN- CONTAINER OF WATER IN WHICH THE WAT! MORE AND THE UTENSILS AND CONTAINER HE POTENTIAL FOR THE RAPID AND PROGRESSIVE ENIC MICROORGANISMS THAT ARE CAPABLE OF SE UTENSILS ARE INTERMITTENTLY STORED IN A R 1S MAINTAINED AT 135 DEGREES FAHRENHEIT OR ARE CLEANED AT LEAST EVERY 24 HOURS OR ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED SOILED REACH-IN COOLER GASKETS. * B.22-22-1 4-601,11(A) FO: CLEAN TO SIGHT AND TOUCH. OBSERVED ENGRUSTED MATERIAL ON CAN * ©. 22-28-1 4-601.11(A) FO: CLEAN TO SIGHT AND TOUCH. OBSERVED INTERIOR OF REACH-IN COOL 4,23-03-1 4601.41(C) FO: KEPT FREE OF AN ACCUMULATION OF DUS! OBSERVED BUILD-UP OF GREASE ON NON. §, 36-13-1 6-601.12(A) FC:: FACILITIES SHALL BE CLEANED AS OFTEN OBSERVED GREASE ACCUMULATED UND 6.37-10-1 610-1.004(6) FAC:: (6) ALL AND FIXTURES SHALL BE KEPT IN GOOD R OBSERVED ATTACHED EQUIPMENT SOILE! R 7. 38-07-71 6-202.11 FC:: PARAGRAPH (B) OF THIS SECTION, LIGHT EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE OPENER. EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE R SOILED WITH ACCUMULATION OF FOOD RESIDUE. (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE , DIRT, FOOD RESIDUE, AND OTHER DEBRIS. FOOD CONTACT SURFACE, HOOD FILTERS. (A) GLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL 5S NECESSARY TO KEEP THEM CLEAN, COOKING EQUIPMENT. BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS PAIR, GLEAN AND FREE OF OBSTRUCTIONS. WITH ACCUMULATED GREASE, HOOD PIPES. LIGHT BULBS | PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN ULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS, OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2} THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKE INFRARED OR OTHER HEAT LAMP SHALL B SURROUNDING AND EXTENDING BEYOND EXPOSEO. OBSERVED LIGHTS MISSING THE PROPER STORAGE AREA. . * denotes critical violation Case Number: 2008061574 License Number: 6501031 SHUCKER'S OYSTER BAR BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN PROTECTED AGAINST BREAKAGE BY A SHIELD HE BULB SQ THAT ONLY THE FACE OF THE BULB IS SHIELD, SLEEVE COATINGS OR COVERS. IN DRY District: 05 License Type; 2010 File Number: 217725 85/86

Docket for Case No: 10-009289