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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants '

DEPARTMlaNT OF BUSINESS AND PROFESSIONAL REGULATION

PetIt1oner,

VS

CHINA & JAPAN EXPRESS

Respondent

                                      I

License Number 1619598

License Type 2010

Case Number 2010005438

Administrative Complaint

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

RESTAURANTS, ("Pet1t1oner"), files this Adm1n1stral!ve Complaint against CHINA & JAPAN EXPRESS,

{"Respondent"), and says

1. Pet1t1oner IS the stale agency charged with regulating the operation of pubhc lodging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes

2. Respondent 1s, and has be,;,n at all times material hereto, licensed by or sub1ect to the Jurisd1ct1on of the D1v1s1on of Hotels and Restaurants The respondent's business !lddress of record 1s 1680 W HILLSBORO BLVD, DEERFIELD BEACH, FLORIDA 33442 The ma1lIng address of record Is CHINA & JAPAN EXPRESS, al 1680 W HILLSBORO BLVD, DEERFIELD BEACH, FLORIDA 33442

3. Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed v101atIons of the prov1s1ons of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operalton of the establishment The v1olat1on(s) found and applicable law are described In Exhibit "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1t "B", incorporated herein by reference

WHEREFORE, PetIt1oner respectfully requests entry of an Order imposing one or more of the following

penalties adm1n1strat1ve fine not to exceeq $1,000 per offense, suspension, revocation, or refusal of a hcense issued pursuant to this Chapter, and/or any other rehef authorized by Chapter 509, Florida Statutes, or the

rules promulgated thereto ,[ :, l\

Signed February 03, 2010 V\J.- d,l_

,Kce-n-Buck,,.D.1s.tn.c.t ,Mca-na-gce-r="c-c------------

By delegation of the Director, or des19nee D1v1s1on of Hotels & Restaurants

Department ol Business & Professional Regulation

COUNSEL FOR THE DEF'ARTMENT

Marc 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:

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

hand served by me on this     

Inspector's Signature

day of                                                         _.2010

Received by--= ­

Operator's Signature

Title Title

ca,e Number 2010005438 Fil• Number 214277

License Number 1619598 2010

CHINA & JAPAN ol(PR!aSS

District Number 02

orm rev1s1:1d 10 15 09

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Exhibit A

License Number· 1619598

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2010005438

"FC" as rnted herein references spec1f1c prov1s,ons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug AdmInistratIon, incorporated by Chaptei 61C, Florida Adm1nistrat1ve Code "NFPA" as rnted herein references specIfIc provIsIons of the National Fire Protection AssocIallon Life Safety Code, incotporated by reference at Chapter 4A-3, "Fire Pre ention, General ProvIsIons'', Florida Adm1ntstrat1ve Code, and 61C-1.004(5), Florida Adm1n1stratlve Code

"*" denotes a critical vIolalion.

It Is alleged that on August 19, 2009, January 19, 2010 the l1censEk was In v1olat1on of Florida Statute 509(FS) and/or the Rules of the DIvIsIon of Hotels and Restaurants, Florida Administrative Code (FAG), In the following partIoulars Copy(s) of the report(s) for the above referenced InspectIon(s) are attached hereto and incorporated by reference as Exh1b1t B '

• 1 02-27-1 3-402 12 FC RECORDS, CREATION AND RETENTION (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-402 11(B) AND PARAGRAPH (8) OF THIS SECTION, IF RAW, RAW"MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH ARE SERVED OR SOLD IN READY· TO-EAT FORM, THE PERSON IN CHARGE SHALL RECORD THE FREEZING TEMPERATURE AND TIME TO WHICH THE FISH ARE SUBJECTED AND SHALL RETAIN THE RECORDS OF THE FOOD ESTABLISHMENT FOR 90 CALENDAR DAYS BEYOND THE TIME OF SERVICE OR SALE OF THE FISH

  (8) IF THE FISH ARE FROZEN BY A SUPPLIER, A WRITTEN AGREEMENT'OR STATEMENT FROM THE SUPPLIER STIPULATING THAT THE FISH SUPPLIED ARE FROZEN TO A TEMPERATURE AND FOR A TIME SPECIFIED UNDER SECTION 3-402.11 MAY SUBSTITUTE FOR THE RECORDS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION

  OBSERVED FAILURE TO MAINTAIN FREEZING RECORDS ON NON-EXEMPT FISH FOR 90

  DAYS... SALMON.

  
  

• 2 0BA-28-1 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 (6) COOKED READY-TO-EAT FOOD,

  OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD..'.RAW PORK STOMACH ABOVE LETTUCE IN WALK-IN COOLER.

  
  

  3 13-03-1 2-402 11 FC: EFFECTIVENESS (A) EXCEPT AS PROVIDED IN PARAGRAPH (8) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COltERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR F,ROM CONTACTING EXPOSED FOOD; 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 EMPLOYEE WITH NO HAIR RESTRAINT.

  
  

• 4 32-16-1 6-301 12 FC HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH (A) INDIVIDUAL, DISPOSABLE TOWELS, (BJ A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWE;L, OR

(C) A HEATED-AIR HAND DRYING DEVICE

OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS ...BY REAR COOR.

Case NumMt 2010005438 File NumMr 214277

Lu:: nse Number 1619598 2010

CHINA & JAPAN EXPRESS

Distnct Number 02

Form revised 1o 15 oe

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• 5. 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

(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 (CJ THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS 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 SiANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE

OBSERVED THE IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED...IMITA11ON CRAB

1

MEAT MISREPRESENTED ON THE MENU AS "CRAB STICK". '

C.ao Numbor 2010005438 Ftle Number 214277

L,oen,o Number 1619598 2010

CHINA & JAPAN EXPR SS

D1strn:.t Number O?.

fcirrn r v1 et;I 1O 15 0

Docket for Case No: 10-010829