Oct 29 2010 16:27 laf/2e/281ea 11:44 8584146749 DEPR OGA PAGE 83/14 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v8. SZECHUAN PANDA II rieense tye 2010 02560 Respondent. Case Number 2010050883 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against SZECHUAN PANDA II, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, 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 2031 NW 13 ST, GAINESVILLE, FLORIDA 326093410.The mailing address of record is SZECHUAN PANDA Il, at 2031 NW 13 ST, GAINESVILLE, FLORIDA 326093410. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The vialation(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. WHEREFORE, Patitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 par 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 tules promuigated thereto. : Signed October 11, 2010 Division of Hotels & Restaurants Deparment of Business & Professional Regulation COUNSEL FOR.THE DEPARTMENT: Mare Drexier, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32390-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 0947 0366 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2010. Received by; Inspector's Signature Operator's Signature Title : Title District Number: 05 Case Number: 2010050883 0 File Number: #8202 i Form revised 10.04.10 License Number: 1102568) 2010 SZECHUAN PANDA II Oct 29 2010 16:27 1la/28/2616 11:84 8584146749 DEPR OGA PAGE 84/18 Exhibit A License Nurmber: 1102560 Licanse Type: 2010 PERMANENT FOOD SERVICE Case Numiber: 2010050883 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Heaith 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 Lite Safety Code, incorporated by reference at Chapter 44-3, Fire Prévention, General Provisions, Florida Administrative Code, and 610-1,004(5), Florida Administrative Code. * denotes a critical violation. lt is alleged that on December 31, 2009, March 9, 2070, June 7, 2010, September 16, 20.110 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the repart(s) for the above referanced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.02-22-1 3-S01.17(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. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON-SITE AND HELD MORE THAN 24 HOURS WITHOUT BEING PROPERLY DATE MARKED. CHICKEN ON TOP SHELF OF WALK-IN GOOLER, REPEAT VIOLATION, INSPECTIONS DATED 12/31/09, 06/07/10 AND 09/16/10. * 2,03A-07-1 3-501,16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEFT 48 SPECIFIED IN FARAGRAPH {B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 125 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR ATIME SPECIFIED. IN PARAGRAPH 3-401.17(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. BEEF AT 44°F, GARLIC/OIL MIX AT 59°F, CORNSTARCHMWATER MIX AT 82°F, SHRIMP AT 61°F, SPROUTS AT 80°F ON COOKLINE, SHRIMP AT 53°F, CHICKEN BACON WRAP AT 44°F, SHRIMP AT 73°F IN WALK-IN COOLER. CUT MELON AT 57°F ON BUFFET. REPEAT VIOLATION. : * 3.06-01-1 3507.13 FC THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1} AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B} TO BE ABOVE 41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD IS EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (B) THE TIME IT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TOD 41 DEGREES FAHRENHEIT: (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT IS FROZEN IS: * denotes critical violation District: 05 Case Number: 2010050883 , License Type: 2010 License Number: 1102560 File Number: 99202 SZECHUAN PANDA I! Oct 29 2010 16:28 laf/2e/281ea 11:44 8584146749 DEPR OGA PAGE 45/18 Exhibit A (1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR {B) OR SECTION 3-401.12, OR (2) THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS, OR (D) USING ANY PROGEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER, ; OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED IN AN IMPROPER MANNER. SHRIMP AND FISH IN PREP AREA. REPEAT VIOLATION. INSPECTIONS DATED 12/31/09, 06/07/10 AND 09/16/10. * denotes critical violation District: 05 License Type: 2010 Case Number: 2010050883 License Number: 1102580 File Number, 99202 SZECHUAN PANDA II

Docket for Case No: 10-009949