Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GUANGDONG CHINESE RESTAURANT
Judges: JAMES H. PETERSON, III
Agency: Department of Business and Professional Regulation
Locations: Lake City, Florida
Filed: Jan. 25, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 22, 2011.
Latest Update: Jan. 09, 2025
Jan 25 2011 10:53
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State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
VS.
GUANGDONG CHINESE RESTAURANT = ers eo
_ Respondent. Case Number 2010012729
Ul
Administrative Complaint
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GUANGDONG CHINESE
RESTAURANT, (“Respondent”), and says: :
4. Petitioner is the state agency charged with regulating the operation of publi¢ 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 2469 W US HWY 80
#148, LAKE CITY, FLORIDA 32055. The mailing address of record is GUANGDONG CHINESE
RESTAURANT, at 2469 W US MWY $0 #148, LAKE CITY, FLORIDA 32055.
3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations
of the provisions of Chapter 509, Florida Statutes, and for the rules promulgated thereto governing -
operation of the establishment. The violation(s) found and applicable law is 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 nat to exceed $1,000 per offense, suspension, revocation, or fefusal of a license
issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the
rules promulgated thereto. : ,
Signed March 15, 2010
teven Yan Bodungen, 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 correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
2010,
hand served by me on this. day of :
: Received by:
Inspector's Signature Operator's Signature
Title Title
Cage Number: 2010012729 — File Number: 198081 District Number: 05
License Number: 2200217 20410 Form revised 10.15.09
GUANGDONG CHINESE RESTAURANT
AS
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Exhibit A
License Number: 2200217
License Type: 2010 PERMANENT FOOD SERVICE
Gase Number: 2010012729 -
- ——-—-F¢-as-citect herein-refarences-specific-provisions-of-the Food Gode; Recommendations-of the-United States——-— --—-----~
Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative
Code. NEPA as cited herein references specific pravisions of the National Fire Protection Association Life
Safely Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
* denotes a critical violation.
{tig alleged that on May 21, 2009, July 20, 2009, February 22, 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
(FAG), in the following particulars. Copy(s) of the report(s) for the abave referenced inspection(s) are attached
herate and incorporated by reference as Exhibit B. : :
“ 4.03A-07-1 3-501.46(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501,19,
AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD
SHALL BE MAINTAINED: (1} AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEFT THAT ROASTS
COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR
REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130
DEGREES FAHRENHEIT OR ABOVE; OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A)
4{ DEGREES FAHRENHEIT OR LESS;
OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. CHICKEN AND
FISH BATTER IN TWO DIFFERENT AREAS BY SUSHI PREP, AT 55°F/62°F, SUSH! AT BUFFET BAR AT
59°F /64°F. REPEAT VIGLATION.
* 3A OBAO4-1 3-302.11(A)(8) FG: (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (8) SEPARATING FRUITS AND VEGETABLES, BEFORE THEY ARE WASHED AS
SPECIFIED UNDER SECTION 3-302.15 FROM READY-TO-EAT FOOD.
OBSERVED UNWASHED BUT PREPARED VEGETABLES STORED IN A CARDBOARD BOX THAT HAD
CONTAINED RAW CHICKEN AND/OR BEEF. REPEAT VIOLATION. INSPECTIONS DATED 07/20/09 AND
o2/22/10.
+ 2B. O8A-29-1 3-302.11(A)'4) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOQD IN PACKAGES, COVERED CONTAINERS, OR
WRAPPINGS, .
OBSERVED UNCOVERED FOOD IN WALK-IN COOLER AND FREEZER. REPEAT VIOLATION.
3.10-04-1 3-304.12(E) FC: IN-USE UTENSILS, BETWEEN-USE STORAGE. DURING PAUSES IN
FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE
STORED: (€) INA CLEAN, PROTECTED LOCATION IF THE UTENSILS, SUCH AS ICE SCOOPS, ARE
USED ONLY WITH A FOOD THAT IS NOT POTENTIALLY HAZARDOUS,
OBSERVED IN USE UTENSILS FOR NON-POTENTIALLY HAZARDOUS FOOD NOT STORED IN A
CLEAN, PROTECTED LOGATION. BETWEEN REACH-IN COOLER AND PREP TABLE, REPEAT
VIOLATION,
© 4.20A40-1 4-501.114(A) FC:: MANUAL AND MEGHANICAL WAREWASHING EQUIPMENT,
CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL
SANITIZER USED IN A SANITIZING SOLUTION FOR & MANUAL OR MECHANICAL OPERATION AT
EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010
SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED
* denotes critical violation District: 05
Case Number: 2010012729 License Type: 2010
License Number: 2200217 ; File Number: 198084
GUANGDONG CHINESE RESTAURANT
Jan 25 2011 10:53
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Exhibit A
MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE
SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF
THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS. MINIMUM
CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS;
50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES
on PAH RENHEIT-(PH-8-@R41ESS);100-MG/L-AT-55-DEGREES-FAHRENHEI-WATE R-FEMPERATURE;-PH -1.—--—-——nenen sons
OR LESS.)
OBSERVED DISH MACHINE CHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH. REPEAT
VIOLATION. INSPECTIONS DATED 07/20/09 AND 02/22/10.
* denotes critical violation District: 05
License Type: 2010
Case Number: 2010012729 i
License Number: 2200217 File Number: 198081
GUANGDONG CHINESE RESTAU RANT . :
Docket for Case No: 11-000435
Issue Date |
Proceedings |
Mar. 22, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Mar. 18, 2011 |
Joint Motion to Relinquish Jurisdiction filed.
|
Feb. 08, 2011 |
Order of Pre-hearing Instructions.
|
Feb. 08, 2011 |
Notice of Hearing (hearing set for March 29, 2011; 10:00 a.m.; Lake City, FL).
|
Feb. 01, 2011 |
Response to Initial Order filed.
|
Feb. 01, 2011 |
Response to Initial Order (filed in Case No. 11-000435).
|
Jan. 27, 2011 |
Order of Consolidation (DOAH Case Nos. 11-0434, 11-0435).
|
Jan. 25, 2011 |
Initial Order.
|
Jan. 25, 2011 |
Election of Rights filed.
|
Jan. 25, 2011 |
Administrative Complaint filed.
|
Jan. 25, 2011 |
Agency referral filed.
|