Dec 16 2010 12:46

12/15/2010 13:34 8504145749 DBPR OGA PAGE 03

State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND

PROFESSIONAL REGULATION

Petitioner,

vs.

WOKN ROLL

Respondent

License Number. 2612887

License Type 2010

                                           I Case Number 2010004840 Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against WOK N ROLL, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the oper;,\ion 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 1680 DUNN AVE #4, JiACKSONVILLE, FLORIDA 32218.The mailing address of record is WOK N ROLL, al 1680 DUNN AVE #4, JACKSONVILLE, FLORIDA 32218.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations f tl7e provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing Qperallon 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", ihcorporaled herein by reference.

WH REFORE, 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 issu d pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Stetutes, or the

ruleS promulgated thereto. /)     

Signed February 01, 201---' """"':-c",.,,.. ,...-..l..,._,.f;i.'""',.._.,.._,.,,._,"""'-+F== ­

Steven vbn Bodungen, Dlst Manager By delegetlon of the Director, or designee Division of Hotels .& Restaurants

'

coJNSEL FOR THE DEPARTMENT:

Mare Drexler, Lead Attorney­ Flori8a Bar No. 0487058

Department of Business & Professional Regulation

Dep1rtment of Business & Professional Regulation

194d North Monroe Street Tallahassee, Florida 32399-2202

Certificate of Service

BY tl:ERTIFIED U,S, MAIL, ARTICLE NUMBER: 7160 3901 9848 6393 36?4

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has bee

han4 served by me on this     

day of , 2010.

lnsp ctor's Signature Title

Received by:, ---,--=--, ­

Operator's Signature

Title

Ca••Number: .0 1□□04S40 FIie Number: 118400

License Number: 2612887 2010

Ols!rlc;:I Nt,imber: 05 Form revtsed 10.15,0S

Dec 16 2010 12:46

12/15/2010 13:34 8504145749 DBPR OGA PAGE 04

i;;xhibi1 A

License Number: 2612887

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010004840

''FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health 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 Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

"'" denotes a crilical violation.

It is alleged that on October 29, 2009, January 5. 201O 1he 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 report(s) for the above referenced inspection{s) are attached hereto and incorporated by reference as Exhibit B.

' 1. OBA-26-1 3-302.11(A](1) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE. PREPARATION, HOLDING. AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKi;D READY-TO-EAT FOOD;

OBSERVED RAW ANIMAL FOOD STORED OVER READY-TD-EAT FOOD IN WALK-IN COOLER.

' 2. 088-04-1 3-304.13 FC:: LINENS AND NAPKINS MAY NOT BE USED IN CONTACT WITH FOOD UNLE:SS THEY ARE USED TO UNI; A CONTAINER FOR THE SERVICE OF FOODS AND THE LINENS AND NAPKINS ARE Rl;;PLACED EACH TtME THE CONTAINER IS REFILLED FOR A NEW CONSUMER. OBSERVED CLOTH USED AS A FOOD CONTACT SURFACE. AT SIX CONTAINERS IN THE FREEZER,

' 3. 09-01-1 3-301.11(8) 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.

OBSERVED IMPROPER USE OF BOWL/FOOD CONTAINER/OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD. BULK RICE.

• 4. 53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTl;;;RED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFl;;CTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPl;;RVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000. MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.

Case N1,1mber: 2010004840 File Numbar: 118400

Ue;ense Number: 2612887 2010

District Number. OS

Form revised 10.15.09

Docket for Case No: 10-010695