Dec 7? 2010 13:55 12/07/2018 14:43 8504146749 DBPR OGA PAGE @3 State of Florida Department of Business and Professional Regulation Division of Hotets and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. i Ni , 5811441 NEW MAY FLOWER RESTAURANT reonse OO. Respondent. Case Number 2010003399 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against NEW MAY FLOWER RESTAURANT, (“Respondent’), and says: 1 Petitioner Is the state agency charged with regulating the operation of public lodging establishments and public food 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 275 S CHICKASAW TRAIL #3, ORLANDO, FLORIDA 32825.The mailing address of record is NEW MAY FLOWER RESTAURANT, at 275 S CHICKASAW TRAIL #3, ORLANDO, FLORIDA 32825. 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 violation(s) 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. 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, Florida Statutes, or the cules promulgated thereto. Signed January 22, 2010 Je er Valerie Freeman, 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 Florida 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 corract 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 Case Number: 2010003399 Fite Number 231660 Oistric| Number: 04 License Number: 5811441 2010 Form revised 10.15.09 NEW May FLOWER RESTAURANT Dec ? 2010 13:55 12/7/2018 14:43 8504146749 DBPR OGA PAGE 84 Exhibit A License Number: 5811441 License Type’ 2010 PERMANENT FOOD SERVICE Case Number: 2010003399 FC as cited herein references spacific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cade. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 4A-3, Fire Prevention, Ganeral Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on December 3, 2009, December 7, 2009 the licensee was in violation of Florida Statute §09(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), In the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.” * 1.02-05-1 3-601.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELO IN A 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. PORK AND CHICKEN COOKED THE PREVIOUS DAY WAS NOT DATE MARKED INSIDE THE WALK IN COOLER. (OBSERVED 12/3/09 AND 12/7/09). * 2.09-04-1 3-301.11(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. THE COOK WAS HANDLING READY TO EAT PROCESSED VEGETABLES WITH THEIR BARE HANDS. (OBSERVED 12/3/09 AND 12/7/09). 3. 13-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOCD, CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED A COOK WITH NO HAIR RESTRAINT. (OBSERVED 12/3/09 AND 12/7/09). * denotes critical violation District: 04 Case Number: 2010003389 License Type: 2010 License Number: 5811441 File Number: 231660 NEW MAY FLOWER RESTAURANT Dec 7? 2010 13:55 12/87/2818 14:43 8504146749 DBPR OGA PAGE @5 Exhibit A 4. 23-05-1 4-602.13 FC: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES THE LIDS OF THE FOOD STORAGE BUCKETS IN THE WALK IN COOLER HAD OLD FOOD DEBRIS ON THEM. (OBSERVED 12/3/09 AND 12/7/09). *_§.35A-03-1 6-501.112 FC::_ REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS. DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS SHALL BE | REMOVED FROM CONTROL DEVICES AND THE PREMISES AT A FREQUENCY THAT PREVENTS THEIR ACCUMULATION, DECOMPOSITION, OR THE ATTRACTION OF PESTS. OBSERVED TWO DEAD ROACHES BY THE BACK DOOR AND BY THE REACH IN COOLER. (OBSERVED 12/3/09 AND 12/7/09). * 6.35B-04-1 6-202.45 FC:: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS | OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST 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 A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER 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 SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS 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 AND | 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. THE BACK DOOR WAS BEING LEFT OPEN FOR AN EXTENDED PERIOD OF TIME. (OBSERVED 12/3/09 AND 12/7/09). * 7,52-01-1 509.282(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: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT IS 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 DOES NOT CONFORM TOA DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. THE RESTAURANT WAS ADVERTISING SCALLOPS ON THE MENU. HOWEVER, THEY WERE USING IMITATION SCALLOPS (ASIAN STYLE BRAND) WITH THE MAIN INGREDIENT BEING FISH PROTEIN. (OBSERVED 12/3/09). “ denotes critical violation District: 04 Case Number: 2010003399 License Type: 2010 License Number: 5811444 File Number: 231660 NEW MAY FLOWER RESTAURANT

Docket for Case No: 10-010499