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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SPICE MODERN STEAKHOUSE, 11-002446 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002446 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SPICE MODERN STEAKHOUSE
Judges: LINZIE F. BOGAN
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: May 13, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 15, 2011.

Latest Update: Dec. 24, 2024
11002446AC-051311-12003800

Ma 13 2011 10:21

05/13/2011 11:05 8504146749 DBPR OGA PAGE 07


State of Florida

Department of Business and Professional Regulation

Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.


SPICE MODERN STEAKHOUSE

Respondent.

---------'


License Number 5810165

license Type 2010

Case Number 2010044393

Admlnistr:ativa Complaint

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

RESTAURANTS, (''Petitioner"), files this Administrative Complaint against SPICE MODERN STEAKHOUSE.

("Respondent"), and says·

1 Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food servjce establishments. pursuant to Section 20.165 and Chapter 509, Florida Statutes.

  1. 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 407 E CENTRAL BLVD, ORLANDO, FLORIDA 32801.The malling address of record is SPICE MODERN STEAKHOUSE. a1 PO BOX 520085, LONGWOOD, FLORIDA 32752.

  2. Inspection of this establishment conducted pursuant to Sec 509.032, Florida Statutes, revealed v1olat1ons

    of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of lhe establishment. The violation(s) found and applicable law 1s described in Exhibit ''A," attached hereto and incorporated herein by reference Inspection documents are attached as Exh1b1t "8", incorporated herein by reference.

    WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more of the following penalties: ·admirislrative 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 September 03, 2010 • (

    V (,0-r-- ) _.,.

    -V-a.Ie0r:ie.F.r.e.e.m.a:n:,:D.i.st.ri.c.t CM.a.n-a-g-er-=-------------

    By delegetion of the Director, or des1gnee Division of Hotels & Restaurants

    Department of Business & Professional Regulation

    COUNSEL FOR THE DEPARTMENT:

    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 servec by me on this    


    Inspector's Signature

    day of                                                         , 2010

    Recerved by:                                                            _

    Operator's Signature


    Title Title


    Case Number: 2010044393 F,le Number: 2123D5 License Number: 5810185 2010

    SPICE MODERN STEAKHOUSE

    Dis1r,ct Number: D4

    Fnrm rr.vl ,:id 10.15 09


    05/13/2011 11:05 850414674g

    Ma 13 2011 10:21

    DBPR OGA PAGE 08


    Exhibit A


    License Number: 5810165

    License Type: 2010 PERMANENT FOOD SERVICE

    Case Number: 2010044393


    FC as cited herein references specific provisions of the Food Cade, Recommendations of the Umted 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 al Chapter 4A-3, Fire Prevention. General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.


    • denotes a crltlcal violation.


    It is alleged that on October 6, 2009, March 2, 2010, June 3, ,2010, August 6, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the D1v1s10n of Hotels and Restaurants, Florida Admini9trative Code (FAC), in !he following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exh1b1t B


    • 1. 02-07-1 3-501.17(8) FC:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED. READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED. AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD IS HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLO, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1, ANO (2) THE

    DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURERS

    USE BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY


    THE DELI MEAT ROUNDS SLICED AND WRAPPED IN THE MEAT COOLER WERE NOT PROPERLY DATE MARKED. (OBSERVED 10/6109, 6/3/10, AND 8/6/10).


    " 2. OJA-07-1 3-501.16(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, EXCEPT 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) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;


    ON 10/8/0Y, LINGUINI WAS 50 DEGREES F, CHEESE WAS 45 DEGR ES F, BEEF WAS 54 DEGREES F, CHICKEN WAS 55 DEGREES F, PROSCUITTO WAS 52 DEGRU:S F, SAUSAGE WAS 53 DEGREES F, TURKEY WAS 52 DEGREES F, HAM WAS 53 DEGREES F, AND RICE WAS 12.5 DEGREES F. ON 3/2/10, DELI HAM WAS 48 DEGREES F, DELI TURKEY WAS 48 DEGREES f, COOKED CHICKEN WAS 48 DEGREES F, flSH WAS 48 DEGREES F, AND COOKED BAKED POTATOES WERE 80 DEGREES F. ON 6/3(10, PASTA WAS 50 DEGREES F, CALAMARI WAS 48 DEGREES F, CHICKEN WAS 48 DEGREES F, MASHEO POTATOES WER 117 O GREES F, SWEET POTATOES WERE 132 DEGREES F, SUSHI RICE WAS 100 DEGREES F, PASTA WAS 44 DEGREES F, TURKEY WAS 50 DEGRf:ES F, AND HAM WAS 50 DEGREES F. ON 8/6/10, COOKED ONIONS WERE 60 DEGREES F, CHEESE WAS 50 DEGREES F, PASTA WAS 48 DEGREES F, CHICKEN WAS 46 DEGREES F, AND BUTTER WAS 54 DEGREES F.


    • denotes critical violation Case Number: 2010044393 License Number: 5810165

      SPICE MODERN STEAKHOUSE

      District: o

      License Type. 2010

      File Number: 212305

      May 13 2011 10:21

      05/13/2011 11:05 850414574'3 DBPR OGA PAGE 0'3


      Exhibit A


      1. 14-37-1 4-501.12 FC:: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONG':R BE EFFECT!VEL Y CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED.


        THE CUTTING BOARD WAS HEAVILY SOILED AND GROOVED. (OBSERVED 3/2/10, 6/3/10, AND

        8/6/10).


      2. 51-16-1 61C-1.002(B)(C)(1) FAC'.: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHME H TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL suaM1T PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING.


THERE WAS NO PLAN REVIEW SUBMITTED FOR RENOVATIONS MADE TO THE FACILITY. A SUSHI

BAR WAS ADDED IN THE DINING AREA. (OBSERVED B/3/10 AND 8/6/10).


    • denotes critical vlolallon Case Number: 2010044393 License Number: 5810165

SPICE MODERN STEAKHOUSE

District 04

License Type. 2010

File Number: 212305


Docket for Case No: 11-002446
Source:  Florida - Division of Administrative Hearings

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