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State of Florid Department of Business and Pro es
lonal R,;,g
latlon
Division of Hotels and
DEPARiMENT OF BUSINESS AND PROFESSIONAL REGULATION
Petitioner,
es aurants
vs.
CHEFS SOUPAREE
Respondent.
I
License Num er 6019712
License 1ype 20 o
Case Numbe 2 10028099
The DEPARTMENT OF BUSINESS AND PROFESSIONAL R
RESTAURANTS, ("Petitioner"), files this Administrative Compl ("Respondent"), and says:
/VISION OF HOTELS AND HEFS SOUPAREE,
Petitioner is the state agency charged with regulating the pe iition of pu lie lodging establishments and public food service establishments, pursuant to Section 20 16 and Chap er 509, Florida Statutes.
Respondent is, and has been at all times material hereto, Ice sed by or ubject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's bus ne s address I record is 6338 LANTANA RD STE 60, LANTANA, FLORIDA 33462.The mailing addres of record is 2 HEFS SOUPAREE, at 6338 LANTANA RD STE 60, LANTANA, FLORIDA 33463.
Inspection of this establishment conducted pursuant to Se . 5 9.032, Flo ida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or h ules prom lgated thereto governing operation of the establishment. The violat1on(s) found and ap licable law are described 1n Exhibit "A," attached hereto and incorporated herein by reference, Ins ec ion docum nts are attached as Exhibit "B", incorporated herein by reference
WHEREFORE, Petitioner respectfully requests entry of an Ord r I posing on or more of the following penalties: administrative fine not to exceed $1,000 per offens s spension, r-vocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authori ed by Chapter 509, Florida Statutes, or the
WL--
rules promulgated thereto. J
Signed June 07, 2010
c-'----c--l--!----1----------
Ken Buck, Di ri I Manager
By delegation of he Director or designee Division of H I & Restaur nts
Department o B siness & P o/essional Regulation
COUNSEL FOR THE DEPARTMEcNT:
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 foregoi DMINIST TIVE COMPLAINT has been
hand served t,y me on this day of -1-1-- • 20 0.
Inspector's Signature
Title itle
C.ase Numbe-1. 201002aoa9 FIie- Number: 199531 License Number: 6019712 010
District N1,1m r: 02
Form revised 10.1.5.09
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Exhibit A
License Number: 6019712
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2010028099
l
"FC" as cited herein references specific provislMS of the Foo C de, Recom endations of the United States Public Health Service, Food and Drug Administration, incorpor te by Chaple 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of thJ National Fi e Protection Association life Safety Code, Incorporated by reference at Chapter 4A-3, "Fire rJvention, General Provisions", Florida Administrative Coile, and 61C-1.004(5), Florida Administrative o\Je.
""" denotes a critical violation.
II is alleged that on March 15, 2010, May 17, 2010 the license w s in violalio of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flo id Administra ive Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced i sp ction(s) ar attached hereto and incorporated by reference as Exhibit B.
1. 02-06-1 3-501.17(F) FC:; (F) A REFRIGERATED, RE D -TO-EAT, OTENTIALL Y HAZARDOUS FOOD INGREDIENT OR A PORTION OF A REFRIGERATED, R ADY-TO-E T, POTENTIALLY HAZARDOUS FOOD THAT IS SUBSEQUENTLY COMBINED I H ADDITI NAL INGREDIENTS OR PORTIONS OF FOOD SHALL RETAIN THE DATE MARKING O THE EAR !EST-PREPARED OR FIRST PREPARED INGREDIENT.
OBSERVED COMBINED READY-TO-EAT POTENTIALLY H DOUS F OD HELD MORE THAN 24
HOURS NOT DATE MARKED ACCORDING TO EARLIEST A E OF OPE ING/ PREPARATION,,ALL
ITEMS IN WALK-IN COOLER.
2. 03B-03-1 3-501.16 (A)(1) FC:: (A) EXCEPT DURING P EPARATIO , COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTR L S SPECIF ED UNDER SECTION 3- 501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) 0 IS SECTI N, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED; (1) AT 135 D G EES FAH ENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIF ED IN PARAGRAPH 3-
401.11(6) OR REHEATED AS SPECIFIED IN PARAGRAPH 3 40 .11(E) MA BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOV ;
OBSERVED POTENTIALLY HAZARDOUS FOOD NOT HEL A
ABOVE,,.TOMATO SOUP.
!
3. 03C-09-1 3-403.11(D) FC:: (D) REHEATING FOR H T OLDING HALL BE DONE RAPIDLY AND THE TIME THE FOOD IS BE1WEEN THE TEMPERATURES E(j:IFIED UN ER PARAGRAPH 3-501.16(8) AND 165 DEGREE:S FAHRENHEIT MAY NOT EXCEED 2 HO RS.
OBSERVED REHEATED FOOD FOR HOT HOLDING NOT R Ali:HING 165 EGREES FAHRENHEIT
WITHIN 2 HOURS...TOMATO SOUP.
* 4. 09-04-1 3-301.11(8) FC:: (8) EXCEPT WHEN WASH N FRUITS ND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERW S APPROV D, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH TH I BARE HA DS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, O;GS, SINGL -USE GLOVES, OR DISPENSING EQUIPMENT.
OBSERVED BARE HANO CONTACT OF READY-TO-EAT F O BY EMPL YEES AND
ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OP R TING PRO EOURE IN EFFECT...DISHWASHER, AND PERSON PREPARING ONIO SAND PEEL NG POTATOES.
Case Number. .W 1 D□.28099 1=11 N1,1mber: 199531
License Number: 6019712 2010
Dl$trlct Numbor: 02
form revised 10.15.09
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24-06-1 4-903.11(A) FC:: (A) EXCEPT AS SPECIFI D IN PARAGR PH (D) OF THIS SECTION, CLlcANED EQUIPMENT AND UTENSILS, LAUNDERED LIN N , AND SIN LE-SERVICE AND SINGLE USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY O ATION; (2 WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATl N; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR.
OBSERVED CLEAN UTENSILS/ EQUIPMENT STORED IN IR DRAWE S, RACKS, VESTIBULES OR TOILET ROOMS, OR BETWEEN EQUIPMENT/ WALLS...IC S OOP ON OP OF ICE MACHINE.
37-14-1 61C-1.004(6) FAC:: (6)ALL BUILDING STR C URAL CO PONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEA A D FREE O OBSTRUCTIONS. OBSERVED CEILING IN DISREPAIR...MOLDY DAMAGE A O E SLICER REPARATION AREA.
38-07-1 6-202.11 FC:: LIGHT BULBS, PROTECTIVES IELDING. A) EXCEPT AS SPECIFIED IN PARAGRAPH (Bl OF THIS SECTION, LIGHT BULBS SHALL E SHIELDED COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPO E FOOD; C EAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SI G E-USE A ICLES. (B) SHIElDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS E D NOT BE SEO IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) T E INTEGRI OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; A D (2) THE ACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEF R THE PAC AGES ARE OPENED. (CJ AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTE A AINST B AKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO H T ONLY T E FACE OF THE BULB IS EXPOSED.
OBSERVED LIGHTS MISSING THE PROPER SHIELD, SLE V COATING OR
COVERS..,PREPARATION AREA BETWEEN WALK-IN CO L RAND FR J;ZER BY SLICER.
C1;1:se Number: 2010028099 Filo Numbet: 1995 1
Ucens Number: 801871.i :W10
District Number; 02
Form revised 10.15.09
