State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 5806980 ASIAN BUFFET dent License Type 2010 spon . Case Number 2010036031 Administrative Comptaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ASIAN BUFFET, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent ts, 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 7403 ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32809.The mailing address of record is ASIAN BUFFET, at 7403 ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32809. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 609, Florida Statutes, and / or 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 penalties: administrative fine not to exceed $1,000 per offerise,’s ‘evocation, or\efusal of a license issued pursuant to this Chapter, and/or any other relief aathorized rules promulgated thereto. Signed July 22, 2010 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: | 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's Signature Operator's Signature Title Title . Case Number: 2010038031 — File Number: 218790 . District Number: 04 License Number; 5806980 2010 Form revised 10.15.09 ASIAN BUFFET Filed July 18, 2011 4:00 PM Division of Administrative Hearings Angela Carragher fo: Valarie Freeman Exhibit A License Number: 5806980 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010036031 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 Coda. NFPA as cited herein references specific provisions of the Nationa! 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. [tis alleged that on June 23, 2009, December 10, 2009, April 12, 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. * 4.01B-23-1 3-402.11 FC:: PARASITE DESTRUCTION. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, BEFORE SERVICE OR SALE IN READY-TO-EAT FORM, RAW, RAW-MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH OTHER THAN MOLLUSCAN SHELLFISH SHALL BE FROZEN THROUGHOUT TO A TEMPERATURE OF: (1) -4 DEGREES FAHRENHEIT OR BELOW FOR 168 HOURS (7 DAYS) IN A FREEZER; OR (2) -31 DEGREES FAHRENHEIT OR BELOW FOR 15 HOURS IN A BLAST FREEZER. (B) IF THE FISH ARE TUNA OF THE SPECIES THUNNUS ALALUNGA, THUNNUS ALBACARES (YELLOWFIN TUNA), THUNNUS ATLANTICUS, THUNNUS MACCOYII (BLUEFIN TUNA, SOUTHERN), THUNNUS OBESUS (BIGEYE TUNA), OR THUNNUS THYNNUS (BLUEFIN TUNA, NORTHERN), THE FISH MAY BE SERVED OR SOLD IN A RAW, RAW-MARINATED, OR PARTIALLY COOKED READY-TO-EAT FORM WITHOUT FREEZING AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION. ON 12/10/09, THERE WAS NON-EXEMPT FISH THAT HAD NOT UNDERGONE PROPER PARASITE DESTRUCTION. ALSO, ON 4/12/10, THERE WAS SALMON SERVED RAW AND THERE WERE NO RECORDS OF PARASITE DESTRUCTION. : * 2.03A-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 6/23/09, SHRIMP WAS 50 DEGREES F, CHICKEN WAS 47 DEGREES F, COOKED CRAB WAS 48 DEGREES F, TUNA SUSHI WAS 70 DEGREES F, OCTOPUS WAS 50 DEGREES F, CHICKEN WAS 109 DEGREES F, FISH WAS 110 DEGREES F, COOKED PIZZA WAS 99 DEGREES F, AND PORK WAS 100 DEGREES F. ON 12/10/09, SUSHI WAS 67 AND 68 DEGREES F, PORK WAS 48 DEGREES F, SHELL EGG WAS 68 DEGREES F, CHICKEN WAS 47 DEGREES F, AND SUSHI RICE WAS 77 DEGREES F. ALSO ON 4/12/10, FRESH GARLIC AND OIL MIXTURE WAS 82 DEGREES F, AND SUSHI RICE WAS 131 DEGREES F. * denotes critical violation District: 04 Case Number: 2010036031 License Type: 2010 License Number: 5806980 File Number: 218790 ASIAN BUFFET Exhibit A * 3,08A-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 (B) COOKED READY-TO-EAT FOOD; ON 12/10/08, RAW CHICKEN WAS STORED OVER DUMPLINGS IN THE WALK IN FREEZER. ALSO, ON 4/12/10, RAW BEEF WAS STORED OVER LETTUCE, RAW CHICKEN WAS STORED OVER RAW SEAFOOD, RAW SEAFOOD WAS STORED OVER COOKED MEAT, AND RAW BEEF WAS STORED OVER COOKED OCTOPUS. * 4,08A-29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; ON 12/10/08, THERE WERE ITEMS UNCOVERED IN THE REACH IN AND WALK IN FREEZER. ALSO ON 4/12/10, THERE WAS UNCOVERED FOOD IN THE WALK IN FREEZER. * §.62-01-1 609.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT, THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. THE MENU ADVERTIZED CRAB MEAT IN SEAFOOD DELIGHT AND HAPPY FAMILY. HOWEVER, IMITATION CRAB MEAT WAS USED. (OBSERVED 4/12/10). * denotes critical violation District: 04 Case Number: 2010036031 License Type: 2010 License Number: 5806980 File Number: 218790 ASIAN BUFFET

Docket for Case No: 11-003479