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State of Florida

Department of Business and Professional Regulation

Olvlsioo of l-lotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

V$.

lAI SUSHI

Respondent.

l\cense Number. 3912703

License lype 2010

-- -----'

Case Number 2010008722

Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against IA! 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.

2. Respondent is, ant;I 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 336'\4.

3, Inspection of this establishment conducted pursuant to Sec, 509,03:2, Florida Statutes, revealec:I violations of the provisions of Chapl'.er 509, Florida Statutes, and I or the rules promulg:;ited thereto governing operation of the establishment. The viotation{s} found and applicable law are described in Ex.hfbit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B'', incorporated herein by reference.

WHEREFORE. Petitioner respet:.tfully 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 lssued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.                 

Signed February 23,

Joe Perez, 1s n anager

By delegation of he Director, or designee

Division of Hotels & Restaurants

Department of Business & Profsssional Regulation

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney

b. •t-::ll

Florida Bar No. 0487058

Department of Business & Profession<:ll Regulat o · .

□

1940 North Monr?e Street

Tallahassee, Florida 32399-2202 ? J.6 3901 984Ei 6709 lU4S

Cert1fieate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ' ;,.r.

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

h nd served by me on this_·     

Inspector's Signature

day of                                                       ,2010.

Received by; -- -:-- ----

Operator's Signature

Title Title

Case Number: 201000!!722 ila Numb r· 216042 Lice-nse Numl;l!!'r: 3912703 010

District Nurnber; OS

Form rev ed 10.15.09

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Exhibit A

License Number: 3912703

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010008722

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 critical violation.

It is alleged that on December 15, 2009, February 17, 201O 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 inspection(s) are attached hereto and incorporated by reference as Exhibit B,

• 1. 02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD 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 THI" TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 1 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1.

  READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24

  HOURS NOT PROPERLY DATE MARKED.

  
  

  2. 13-03-1 2-402 11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD i;cMPLOYEES' 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 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.

  
  

  3A. 14-49-1 4-202.11 FC:: FOOD-CONTACT SURFACES. (A) MULTIUSE FOOD-CONTACT SURFACES SHALL BE: (1) SMOOTH; (2) FREE OF BREAKS, OPEN SEAMS, CRACKS, CHIPS, INCLUSIONS, PITS, AND SIMILAR IMPERFECTIONS; 3) FREE OF SHARP INTERNAL ANGLES, CORNERS, AND CREVICES; (4) FINISHED TO HAVE SMOOTH WELDS AND JOINTS; AND (5) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, ACCESSIBLE FOR CLEANING AND INSPECTION BY ONE OF THE FOLLOWING METHODS: (A) WITHOUT BEiNG DISASSEMBLED, (B) BY DISASSEMBLING WITHOUT THE USE OF TOOLS, OR (C) BY EASY DISASSEMBLING WITH THE USE OF HANDHELD TOOLS COMMONLY AVAILABLE TO MAINTENANCE AND CLEANING PERSONNEL SUCH AS SCREWDRIVERS, PLIERS, OPEN-END WRENCHES, AND ALLEN WRENCHES. (B) SUBPARAGRAPH (A)(5) OF THIS SECTION DOES NOT APPLY TO COOKING 01L STORAGE TANKS, DISTRIBUTION LINES FOR COOKING OILS, OR BEVERAGE SYRUP LINES OR TUBES,

  OBSERVED SINGLE-USE CONTAINERS (BOXES AND/OR CANS) REUSED FOR THE STORAGE OF FOOD.

  
  

  
  

• denot<;,s critical violation

  Case Number: 2010008722 Ucen3e Number; 39127□3

  
  

  District: 03

  License Type: 2010

  File Number: 216042

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  Exhibit A

  
  

  36. 14-3B-1 4-501.11 FC:: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENr SHALL BE MAINTAINED IN A SrATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHr, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED,

  OBSERVED GASKETS/SEALS ON COLO HOLDING UNIT IN POOR REPAIR.

  
  

  4. 21-12-1 3-304.14(6)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL Bia: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(0), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USJ;;D FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENr.

  WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION 13ETWEEN uses.

  
  

  • 5. 22-28-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH.

    OBSERVED INTERIOR OF ReACHIN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE,

    
    

    6. 37-18-1 61C-1.0D4(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED DUSTY CEILING TILES AND/OR AIR CONDITIONING VENT COVERS.

    
    

  • 7. 538°08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION srANDARDS 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 EXAMINArlON, BUT SHALL PROVIDE FOR A FOOD SAFETY rRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES ro BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE 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 ESTABLISHMENr TO PROVIDE rRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. rHE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGJ;;R 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 AFrER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS.

NO PROOF OF REQUIRJ::O EMPLOYEE TRAINING.

• denotes critical violation Case Number: 2010008722 License Number: 3912703

District: 03 License Type: 201o File Number: 216042

Docket for Case No: 11-000176