Jun 28 2011 12:20

05/28/2011 13:05 8504145749 DBPR OGA PAGE 03

Stato of Florid ,

Department of Business and Prohs, ional Reg, lation Division of Hotels and R s• aurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

SACHI SUSHI RESTAURANT & BAR

Respondent.

------- /

license Numl er 5301230

License Type 20 o

Case Numbe 2!10029557

Administrative Con"' int

The DEPARTMENT OF BUSINESS AND PROFESSIONAL RI G LATION. C !VISION OF HOTELS AND

RESTAURANTS. ("Petitioner"). flies this Administrative Compl int against SA HI SUSHI RESTAURANT & BAR, ("Respondent"), and says:

1. Petitioner is the stale agency charged with regulating the ope ation of pul lie lodging establishments and public food service establishments, pursuant to Section 20.16 and Chap er 509, Florida Statutes.

2. Respondent is, and has been at all times material hereto, I ce!sed by or subject to the jurisdiction of the

   Division of Hotels and Restaurants. The respondent's bus ne s address f record is 3508 SE FEDERAL HWY, STUART, FLORIDA 34997.The mailing address of ec rd is SAO I SUSHI RESTAURANT & BAR. at 3508 SE FEDERAL HWAY. STUART, FLORIDA 34997

3. Inspection of this establishment conducted pursuant to Se(. 5 9.032. Flo da Statutes. tevealed violations of the provisions of Chapter 509, Florida Statutes. and I or h 1 rules prom lgaled thereto governing operation of the establishment. The violation(s) found and ap licable law are described in Exhibit "A," attached hereto and Incorporated herein by reference. lns1ec ion documents are attached :;,s Exhibit "B", incorporated herein by reference.

A

WHEREFORE. Petitioner respectfully requests entry of an Ord r imposing on or more of the following penalties: administrative fine not to exceed $1,000 per offensE s spension, revocation. or refusal of a license issued pursuant to this Chapter. and/or any other relief authori. ed by Chapter 509. Florida Statutes, or the

rules promulgatl!,(l thereto. . Signed June 16

2010

.('

_

.!llL..

,K-e1n1-BCu-c:k:,:Do.i,.:ric=:t :M:a;n,a.g-+e-r ,-1,-..,..,.--+ ­

By delegation of he Director or designee Division of Ho el & Restauri nts

Department o B siness & P ofessional 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 Servi<:e

BY CERTIFIED U.S, MAIL, ARTICLE NUMBER:

I HEREBY CERTIFY that a true and correct copy of the tcregoing ADMINISTI ATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of                                     -+--+-- 2( 10.

Received b,:-+----± ­

lperator's i ignature

Title itle

Case Nurttber: 2010029557 FIi• Number: 206836

Uoanoe Number: 5301230 2010

Dlst ct Number: 02 Form revise<J 10.15.09

Jun 28 2011 12:20

05/28/2011 13:05 8504145749 DBPR OGA PAGE 04

Exhibit A

License Number: 5301230

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010029557

"FC" as cited herein references specific provisions of the Food C de, Recom endations of the United States Public Health Service, Food and Drug Administration, incorpor le by Chaple 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisiMs of th Nationel Pi e Protection Association Life Safety Code, incorporeled by reference al Chapter 4A-3, "Fire r vention, G eral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative

"*" denotes a critical violation.

It is alleged that on March 3, 2010, May 10, 2010 the licensee a in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flo ida Adminlstra ive Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced i spbction(s) ar attached hereto and incorporated by reference as Exhibit B.

• 1. 05-08-1 4-302.12 FC:: FOOD TEMPERATURE MEA U ING DEVI ES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINME T AND MAIN ENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. (B) MPERAT RE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT IS DE IG ED TOM ASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY AC E SIBLE TO CCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES ND FISH FIL TS.

OBSERVEO NO THERMOME't"ER PROVIDED TO MEASUR T MPERAT RE OF FOOD PRODUCT,

• 2. 20A-10-1 4-501,114(A) FC:: MANUAL AND MECHA ICtL WAR ASHING EQUIPMENT, CHEMICAL SANITIZATION· TEMPERATURE, PH, CONCEN R TION, AN HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MAN A OR MEC ANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703 11 CJ SHALL E LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDAN E '/VITH THE PA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHA L BE USED S FOLLOWS: (A) A CHLORINE SOLUTION SHAI.L HAVE A MINIMUM TEMPERATURE BAS iN THE C NCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [S M ARIZED S FOLLOWS: MINIMUM CONCENTRATION 25 MG/LAT 120 DEGREES FAHRENHEI ATER TEMPERATURE. PH 10 OR LESS; 50 MG/LAT 100 DEGREES FAHRENHEIT WATER TEMPER T RE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS): 100 MG/LAT 55 DEGREES A'RENHEIT ATER TEMPERATURE, PH 10 OR LESS.]

OBSERVED DISHMACHINE CHLORINE SANITIZER NOT A P OPER Ml IMUM STRENGTH.

Ce c Number: 201002 667 FIie Number: 20 3ij

Lioenso Numbet. ,301;130 2010

Pistriet Number: 02

Form revised 10.15.09

Docket for Case No: 11-003281