Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establishment The violatlon(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.
WHEREFORE, Petitioner respectfully requests entry of an Order iniposing one or more of the following penaltie$: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal 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 April 29, 201o (
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..,......... -
COUNSEL FOR THE DEPARTMENT:
Marc Drexler, Lead Attorney Florida Bar No, 0467058
- ().. ,..•l, ..-- ,,,
Valerie Freeman, District Manager
By delegation of the Director, or designee Division of Hotels & Restaurants
Department of Business & Professional Regulation
Department of Business & Professional Regulation· 1940 North Monroe Street
Tallahassee, Florida 32399-2202
Certificate of Sorvlce
BY CEATIFIED 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 day of · , 2010,
Received by:....,.. ,.... _
Inspector', Signature Operator's Signature
Title Title
C se Number: 2010021748 F"l!e Nt.tmMr: 19061$1
Lio1:1:n e Number: 150513-S 20i0
,<ONG KONG SUPER BUFFET AT MELBOIJRNE
Ois\r'ict Number; 04
Forrn re.vised 10.15.09
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PAGE 04
Exhibit A
License Number: 1505135
License Type: 2010 PERMANENT FOOD SERVICE
Case Number. 2010021746
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 May 21, 2009, July 22, 2009, October 8, 2009, March 25, 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 inspection(s) are attached hereto and incorporated by reference as Exhibit B.
1. 03A,07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, DR 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, EXCEPT THAT ROASTS COOKED TOA TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403,11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;
ON 7/22109, SUSHI ROLLS ON THE BUFFET WERE 69 DEGREES FAHRENHEIT, ON 1018/09, CUT MELONS WERE 52 DEGREES FAHRENHEIT, AND KRAB SALAD WAS 51 DEGREES FAHRENHEIT ON THE BUFFET. ON 3/25110, BEAN SPROUTS ON THE COOKLINE WERE 67 DEGREES FAHRENHEIT.
' 2. 06-04-1 3-501.13 FC:: THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (0) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY
. SUBMERGED UNDER RUNNING WATER: (1) AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT DR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERF'LOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHE.IT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) TO BE ABOVE 41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD IS EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR
(8) THE TIME IT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 41 DEGREES FAHRENHEIT; (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT IS FROZEN IS:
(1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) OR SECTION 3-401.12, OR (2) THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING 1::QUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER.
FROZEN AND RAW CHICKEN WAS THAWING IN STAGNANT WATER ON 1018109 AND AT ROOM TEMPERATURE IN THE KITCHEN ON 3/25/10.
denotes critical violation Case Number: 2010021746 License Number: 1505135
HONG KONG SUPER 8UFFET AT MELBOURNE
District: o 4
License Type: 2010
File Number: 190661
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PAGE 05
Exhibit A
3, OSA-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 (8) COOKED READY-TO-EAT FOOD;
ON 7/22109, RAW FISH WAS STORED OVER ICE CREAM. ON 3125110, UNSEALED BAGS OF RAW PORK WERE STORED NEXT TO ICE CREAM CARTONS, ALSO, RAW PORK WA$ STORED OVER COOKED EGGROLLS IN THE WALK IN COOLER.
' 4, DBA-29-1 3-302.11(A)(4) PC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS;
ON 7122/09, UNCOVERED FOOD WAS STORED IN THE WALK IN COOLER. ON 3125110, COOKl!D CHICKEN, SAUCES AND CLEAN DICED VEGETABLES IN THE WALK IN COOLER WERE STORED UNCOVERED.
5. 09-05-1 3-301.11(D) FC:: PREVENTING CONTAMINATION FROM HANDS. (D) FOOD EMPLOYEES' SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM.
A HANDLELESS SCOOP WAS USl:D TO DISPENSE FOOD. (OBSERVED 5121109, 7122/09, 1018/09, AND
3125/10).
6.12B-06-1 2-401.11 FC:: EATING, DRINKING, OR USING TOBACCO. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE ANO SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION CAN NOT RESULT. (8) A FOOD EMPLOYEE MAY DRINK FROM A CLOSED BEVER.AGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1} THE EMPLOYEE'S HANDS; (2) THE COl'JTAINER; ANO (3) EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES: AND 386.204 FS: A PERSON MAY NOT SMOKE IN AN ENCLOSED INDOOR WORKPLACE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 386.2045 FS.
THERE WAS EVIDENCE OF EMPLOYEI: SMOKING IN A NON-DESIGNATED AREA. ON 10/8/09, THERE WAS A CIGARETTE BUTT IN THE MOP SINK, AND ON 3/25110, THERE WAS A CIGARETTI: BUTT IN THE EMPLOYEE TOILET,
OSSERVED OPEN EMPLOYEE DRINKS ON 7122109 AND 3/25/10, ANO ON 10/8109 OBSERVED EMPLOYEE DRINKING FROM AN OPEN Bl':VERAGE COTAINER ON THE COOKLINE.
denotes critical violation Gase Nurnber: 20100217 6 License Number: 1505135
HONG KONG SUPER BUFFET AT MELBOURNE
District: 04
License Type: 2010
File Nurnt>er: 190001
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PAGE 05
Exhibit A
13-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOlHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTAC-rlNG EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE·USE ARTICLES. (BJ 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 ANO SINGLE-USE ARTICLES.
ON 7/22/09, THE COOKS WERE NOT Wl:ARING HAIR RESTRAINTS. ON 3125110, THE SUSHI CHEF
WAS NOT WEARING A HAIR Rl:STRAINT,
14-50•1 4·101.11 FC:: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELl=TERIOUS SUBS1ANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (8) DURABLE, CORROSION RESISTANT, AND NONABSORBENT; (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND
