12/al/28le 12:19 8584146749 DEPR OGA Dec 1 2010 11:41 PAGE | State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION i Petitioner, : vs CHINA DRAGON RESTAURANT License Number '1601623 ‘ License Type 2010 . Respondent Case Number 2009059558 : f i : Administrative Complaint ; The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND ‘ RESTAURANTS, ("Petitioner’), files this Administrative Complaint ‘against CHINA DRAGON RESTAURANT, (‘Respondent’), and says : ' 1 Petrtoner ts the state agency charged with regulating tha operation of public lodging establishments and public food service establishments, pursuant to Section 20 166 and Chapter 509, Florida Statutes 2 Respondent is, and has been at all times material hereto, icensed by ar subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record ts 4051 N FEDERAY HWY, POMPANO BEACH, FLORIDA 33064 The mailing address of recard is CHINA DRAGON RESTAURANT, at 4051 N FEDERAY HWY, POMPANG BEACH, FLORIDA 33064 3 Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed violations of the provisions of Chapter 509, Flonda Statutes, and / or the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are desorbed in Exhibit “A,” attached hereto and Incorporated herein by reference Inspection documents are attached as Exhibit “B”, incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Flonda Statutes, or the tules promulgated thereto ‘ Signed November 17, 2009 ) = i Ken Buck, District Manager | By delegation of the Director, or designee Division of Hotels;& 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: _ i THEREBY CERTIFY thata true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2 hand served by me on this day of , 2009 Received by __- . Inspectors Signature Operator's Signature | | i Title Title Cage Number 2008059558 File Number 213338 Distriet Number 02 License Number 1601823 2010 Form revised 10 15 09 CHINA DRAGON RESTAURANT AS 12/al/28le 12:19 8584146749 DEPR OGA Dec 1 2010 11:41 PAGE Exhibit A 1 i License Number. 1801623 : License Typa 2010 PERMANENT FOOD SERVICE Case Number. 2009059558 “EC” as cited herein references speciiic provisions of the Food Cade, Recommendations of the United States Public Health Servica, Food and Drug Administration, incorporated by Chapter 616, Florida Admimstrative Code. “NFPA” as cited herein references specific pravisions of the! National Fire Protectan Association Life Safaty Code, neorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions", Florida Administratwe Code, and 61C-1,004(5), Florida Administrative Code \ | ' “ denotes a ontical violation Itis alleged that on May 12, 2009, November 4, 2009 the licensee was in vielation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Admimstrative Code (FAC), in the follawing particulars Copy(s) of the report(s) for the above referenced inispection(s) are attached hereto and incorporated by reference as Exhibit B : ; * 4 02-26-41 3-302.12FC,. FOOD STORAGE CONTAINERS, DENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED A, OBSERVED WORKING CONTAINERS OF FOOD REMOVED: FROM ORIGINAL CONTAINER NOT \ IDENTIFIED BY COMMON NAME. ! B. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED...PORK, COOKED RICE IN WALK-IN COOLER. ; 1 * 9 OBA28-1 3-305.11FC: FOOD STORAGE {A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (CG) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD (1)IN A GLEAN, DRY LOCATION, (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER GONTAMINATION, AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 8 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204 122] (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK GONTAINERS IN PLASTIC CRATES MAY BEISTORED ON A FLOOR THAT 1S CLEAN AND NOT EXPOSED TO FLOOR MOISTURE i ! A, OBSERVED FOOD STORED ON THE FLOOR OF WALK-IN COOLER AND FREEZER. i B. OBSERVED UNCOVERED FOOD IN HOLDING UNIT/ DRY STORAGE AREA...WALK-IN COOLER AND FREEZER. : C. OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOQD...RAW CHICKEN STORED ON TOP OF SAUCE IN WALK-IN COOLER. ' i * 3°09-01-4 3-301 14(B) FC. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT : ' A. OBSERVED IMPROPER USE OF BOWL/ PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO OISPENSE READY-TO-EAT FOOD,,.SQY SAUCE. | Case Number 2009059558 File Number 213338 ' Distnet Number 02 License Numbar 1601623 2010 jl Form revised 10 15 09 CHINA DRAGON RESTAURANT t i i i i I Ad 12/al/28le 12:19 8584146749 Dec 1 2010 11:42 DEPR OGA | B. OBSERVED IMPROPER USE OF BOWL! PLASTIC FOOD CONTAINER be OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-TO-EAT RAW RICE, CORNSTARCH. 4 10-07-14 3-30412(F)FC DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED. (F) IN A CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER 1S CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602 11(D\7) OBSERVED IN-USE UTENSIL STORED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHEIT. : 1 * 5 12A4-02-1 5-205.11(B) FC.. USING A HANDWASHING FACILITY (B) A HANDWASHING FACILITY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HAND WASH SINK USED FOR PURPOSE OTHER THAN WASHING HANDS...USED FOR STORAGE IN KITCHEN PREPARATION AREA. ' 6 14-37-1 4-50112FC. CUTTING SURFACES SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED ; ' OBSERVED CUTTING BOARD GROOVED/ PITTED AND NO LONGER CLEANABLE. * 7 20a10-1 4-501 114(4) FO: MANUAL AND MEGHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND| HARDNESS | CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C)} SHALL BE LISTED IN 21 CFR 178 1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED S ANUIFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF a AE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS, 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT [PH 8 OR LESS), 100 MG/L AT 85 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS } OBSERVED DISH MACHINE CHLORINE SANITIZER NOT AT THE PROPER MINIMUM STRENGTH. CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR GED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES, (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS, (4) IN EQUIPMEN MT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING GIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT (A) AT AFREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B} ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NEGESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD A. OBSERVED BUILD-UP OF SLIME ININTERIOR OF ICE MACHINE, B. OBSERVED SOILED REACH-IN COOLER GASKETS...ALL REACH:IN REFRIGERATORS, C. OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIOUE...ALL REACH-IN REFRIGERATORS. : : D, OBSERVED INTERIOR OF MICROWAVE. SOILED, ' Case Number 2009058558 File Number 213338 : Distinct Number 02 Licanse Number 1801623 2010 : | Form revigad 10 15 08 CHINA DRAGON RESTAURANT 1 1 | i ‘ PAGE a5 12/a1/2818 Dec 1 2010 11:32 12:19 8584146749 DEPR OGA PAGE E, OBSERVED FOOD-CONTACT SURFACES ENCRUSTED WiTH GREASE AND/ OR SOIL DEPOSITS, ALL COOKING EQUIPMENT. my ‘ | 9 24-10-41 4-903 11(A) AND (8) FC. (A) EXCEPT AS SPELIFIED IN PARAGRAPH (0) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED (1) IN ACGLEAN, DRY LOCATION, (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION, AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) CLEAN EQUIPMENT AND UTENSILS SHALL 8E STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED ‘(1) INA SELF-DRAINING POSITION THAT ALLOWS AIR DRYING, AND (2} COVERED OR INVERTED ‘ j OBSERVED UTENSILS STORED IN CREVICES BETWEEN EQUIPMENT. ; * 40 31-09-1 6-205 11(A) FC (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT 1S ACGESSIBLE AT ALL TIMES FOR EMPLOYEE USE. . ' OBSERVED HAND WASH SINK NOT ACCESSIBLE FOR EMPLOYEE USEIAT ALL TIMES...BLOCKED BY SHEET PAN CART IN PREPARATION AREA. 11 37-05-1 610-1 004(6)FACG (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS A. OBSERVED WALL SOILED WITH ACCUMULATED FOOD DEBRIS THROUGHOUT KITCHEN. J 8. OBSERVED WALL SOILED WITH ACCUMULATED GREASE...KITCHEN. C, OBSERVED WALL NOT SMOOTH AND EASILY CLEANABLE. D, OBSERVED CEILING NOT SMOOTH AND EASILY GLEANABLE. 42 38-07-1 6-20211FC. LIGHT BULBS, PROTECTIVE SHIELDING |(A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, (COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE |S 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 BROKEN BULBS BEFORE: THE PACKAGES ARE OPENED (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED ! OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLEEVE (COATINGS OR COVERS...KITCHEN, “43 52-01-1 509 292(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 IS MISREPRESENTED IF (4) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR, (8) THE FOOD OR FOOD PRODUCT IS SERVED; SOLD, ORIDISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT, OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR |S REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM 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...AOVERTISES CRAB ON MENU AND MENU ON WALL BUT ESTABLISHMENT USES IMITATION GRAB. Case Number 2009059558 File Number 219338 - Disinet Number 2 License Number 1601823 2010 | Form revised 10 15 08 CHINA DRAGON RESTAURANT : AB

Docket for Case No: 10-010460