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State of Florida

Department of Business and Professional Regulation Division of Hotels and Re5taurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

IAI SUSHI

Respondent.

License Number. 3912703

License Type 2010

                                        I Case Number 2010036729

Administrative Cornplal11t

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

RESTAURANTS, ("Petilioner"), files this Administrative Complain! against IAI SUSHI, ("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.

:i. 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 3691 W WATERS AVE, TAMPA, FLORIDA 33614.The mailing address of record is IAI SUSHI, at 3691 W WATERS AVE, TAMPA, FLORIDA 33614.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing operation of the establishment. The vlolalion(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.

p

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per Qffense, suspension, revocation, or refusal of a license issued pursuant t<i this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.

Signed July 27, 2010

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 048705B

,_..    

Joe Perez, Istrrct nager

By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regulation

1940 North Monroe Street tfi¥@. Q

Department of Business & Professional Regulation ="""""""""""',,.,.,_,,.,,. ,.,,,,.,.,,,,..,.,

Tallahassee, Florida 32399-2202 7160 3"!01 67hlJD'l4?

Certificate of Service j:;:i!f,¥ili!ijtjii.lW '\\.J.)>iij

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: i;:, ::ti£1i/lfil 4{},1;V

IHEREBY 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

Case Number: 201003e7w FIio Number: 216042

License Numbec-; J, 1270'3 201o

IAI SUSHI

District Number: 0

Fonn revise 10.15.09

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PAGE 04

Exhibit A

License Number: 3912703

License Type: 2010 PERMANENT FOOD SERVICE

Case Number. 2010036729

"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. "Nl"PA" as cited herein references $pacific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter4A-3, "Fire Prevention, General Provisions", Florida Administr.itive Code, and 61C-1.004(5), Florida Administrative Code.

"*" denotes a critical violation.

It is alleged that on May 17, 2010, May 18, 2010 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 report(s) for the above referenced lnspection(s) are attached hereto and incorporated by reference as Exhibit B.

• 1. 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 (C) 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 STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE.

1. IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED; "CRAB" LISTED ON MENU AS INGREDIENT OF MANY SUSHI SELECTIONS; ARTIFICIAL KRAB SERVED.

   
   

2. IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED; "WHITE TUNA" LISTED ON MENU, ESCOLAR BEING SERVED,

C••• Numbor: 2010036729 File Number; ,!16042

liCJc'.!,nse Numbet: 3912703 2010

11\1 SUSHI

Oi:strlct Number: 03

fc;itm revised 10.15.09

Docket for Case No: 11-000175