Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NEW CENTURY BUFFET, 11-004225 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-004225 Visitors: 16
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NEW CENTURY BUFFET
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Aug. 18, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 10, 2012.

Latest Update: Jun. 22, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. License Number 1103053 NEW CENTURY BUFFET ; License Type 2010 espon a . Case Number 2011031749 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against NEW CENTURY 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 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 6795 W NEWBERRY RD, GAINESVILLE, FLORIDA 32605.The mailing address of record is NEW CENTURY BUFFET, at 6795 W NEWBERRY RD, GAINESVILLE, FLORIDA 32605, 3. 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 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 or more of the following penalties: 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 June 23, 2011 Michelle Haynes, District Manager By delegation ef the Director, or designee 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: _7196 9008 9111 0476 1080 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2011. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2011031749 — Fite Number: 236446 District Number: 05 License Number: 1103053 2010 Form revised 02.02.11 NEW CENTURY BUFFET Filed August 18, 2011 2:55 PM Division of Administrative Hearings Exhibit A License Number: 1103053 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011031749 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 November 20, 2010, February 9, 2011, March 29, 2011, March 30, 2011, June 7, 2011 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, 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; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. IN GLASS DOORED REACH-IN UNIT: WINGS AT 44°F, NOODLES AT 47°F. IN COOKLINE REAGH-IN UNIT: SHRIMP AT 46°F - 47°F. IN TOP OF REACH-IN UNIT: BEEF AT 44°F, CHICKEN AT 44°F, ON COOKLINE: GARLIC AND OIL AT 76°F, CORNSTARCH AND WATER AT 80°F. ON SHELF IN KITCHEN: TUBS OF CHICKEN AT 45°F - 48°F. IN WALK-IN COOLER: WINGS AT 59°F - 61°F, ON SALAD BAR: COOKED CABBAGE AT 54°F, REPEAT VIOLATION. INSPECTIONS DATED 11/20/10, 02/09/11 AND 03/29/11. * 2.03B-03-1 3-60.16 (A)(1) 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 (8) 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; OBSERVED POTENTIALLY HAZARDOUS FOOD NOT HELD AT 135°F OR ABOVE. CHICKEN, SHRIMP, EGGROLLS, SCALLOPS AND SAUSAGES AT 72°F IN OVEN. CHICKEN AT 87°F OVER WOK, ON BUFFET: WINGS AT 101°F AND EGG FU YOUNG AT 127°F, REPEAT VIOLATION. INSPECTIONS DATED 44/20/10 AND 03/29/11. * 3.05-09-1 4-204.112 FC:: (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR * denotes critical! violation District: 05 Case Number: 2011031749 License Type: 2010 License Number: 1103053 File Number: 236446 NEW CENTURY BUFFET Exhibit A MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (&) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETERS IN HOLDING UNITS. COOKLINE REACH-IN UNITS. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. * 4,06-04-1 3-501.13 FC:: THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (D) 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 OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT 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 (B) 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 fQUIPMENT, 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. . OBSERVED POTENTIALLY HAZARDOUS FOOD THAWED AT ROOM TEMPERATURE. CHICKEN. INSPECTIONS DATED 03/29/11 AND 03/30/11. * BA. 08A-27-1 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; OBSERVED RAW ANIMAL FOOD STORED OVER COOKED FOOD, RAW CHICKEN OVER NOODLES IN GLASS DOORED REACH-IN UNIT ON COOKLINE. RAW BEEF OVER COOKED SHRIMP IN COOKLINE REACH-IN UNIT. RAW EGGS AND MEAT OVER SAUCES IN WALK-IN COOLER. REPEAT VIOLATION, INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. * 5B. 08A-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122, (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR, BUCKETS OF FOOD IN WALK-IN COOLER. PAN OF FOOD IN WALK-IN FREEZER. District: 05 License Type: 2010 File Number: 236446 * denotes critical violation Case Number: 2011031749 License Number: 1103053 NEW CENTURY BUFFET Exhibit A * 6, 08B-04-1 3-304.13 FC: LINENS AND NAPKINS MAY NOT BE USED IN CONTACT WITH FOOD UNLESS THEY ARE USED TO LINE A CONTAINER FOR THE SERVICE OF FOODS AND THE LINENS AND NAPKINS ARE REPLACED EACH TIME THE CONTAINER IS REFILLED FOR A NEW CONSUMER, OBSERVED CLOTH USED AS A FOOD CONTACT SURFACE. CLOTH UNDER CUTTING BOARD. * 7.09-01-1 3-301.11(B) FC: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED IMPROPER USE OF BOWL/PLASTIC CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD. SALT. INSPECTIONS DATED 03/29/11, 03/30/44 AND 06/07/11. * 8A. 12A-04-1 3-501.19(A)(4) FC::, WRITTEN PROCEDURES SHALL BE MAINTAINED IN THE FOOD ESTABLISHMENT AND MADE AVAILABLE TO THE REGULATORY AUTHORITY UPON REQUEST, THAT ENSURE COMPLIANCE WITH: (A) SUBPARAGRAPHS (A)(1) - (4) OF THIS SECTION, AND (B) SECTION 3-501.14 FOR FOOD THAT IS PREPARED, COOKED, AND REFRIGERATED BEFORE TIME IS USED AS A PUBLIC HEALTH CONTROL. OBSERVED ESTABLISHMENT UTILIZING TIME AS A PUBLIC HEALTH CONTROL WITHOUT HAVING WRITTEN PROCEDURES. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. * 8B. 12A-22-1 61C-4.010(1)(D) FAG AND 3-301.11(B) FC: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS AND THE ESTABLISHMENT HAS NO ALTERNATIVE OPERATING PROCEDURE. INSPECTIONS DATED 03/29/14, 03/30/11 AND 06/07/11, 9A. 14-33-1 4-501.11 FC:; GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE.REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2, (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS! SPECIFICATIONS, (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED. OBSERVED EQUIPMENT IN POOR REPAIR. INTERIOR LID OF CHEST FREEZER. INSPECTIONS DATED 03/29/41, 03/30/11 AND 06/07/11, 9B. 14-36-1 4-501.11 FC:: GOOD REPAIR AND PROPER ADJUSTMENT. (A).EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPEGIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED, OBSERVED GASKETS/SEALS ON COLD HOLDING UNIT IN POOR REPAIR. ON REACH-IN UNITS. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. District: 05 License Type: 2010 File Number: 236446 * denotes critical violation Case Number: 2011031749 License Number: 1103053 NEW CENTURY BUFFET Exhibit A 10, 21-12-1 3-304,44(B)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. INSPECTIONS DATED 02/09/11, 03/29/11, 03/30/11 AND 06/07/11. 11, 24-08-41 4-901.11 FC:: EQUIPMENT AND UTENSILS, AIR-DRYING REQUIRED. AFTER CLEANING AND SANITIZING, EQUIPMENT AND UTENSILS: (A) SHALL BE AIR-DRIED OR USED AF TER ADEQUATE DRAINING AS SPECIFIED IN PARAGRAPH (A) OF 21 CFR 178.1010 SANITIZING SOLUTIONS, BEFORE CONTACT WITH FOOD; AND (B) MAY NOT BE CLOTH DRIED EXCEPT THAT UTENSILS THAT HAVE BEEN AIR-DRIED MAY BE POLISHED WITH CLOTHS THAT ARE MAINTAINE D CLEAN AND DRY. OBSERVED EQUIPMENT AND UTENSILS NOT PROPERLY AIR DRIED. BEVERAGE GLASSES WET NESTED. INSPECTIONS DATED 11/20/10, 03/29/11, 03/30/11 AND 06/07/11. ; * 42A, 35A-03-1 6-501.112 FC:: REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS. DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS SHALL BE REMOVED FROM CONTROL DEVICES AND THE PREMISES AT A FREQUENCY THAT PREVENTS THEIR ACCUMULATION, DECOMPOSITION, OR THE ATTRACTION OF PESTS. OBSERVED DEAD ROACHES TOO NUMEROUS TO COUNT ON PREMISES. ON KITCHEN FLOOR BY COOKLINE HANDSINK, IN DRY STORAGE AND IN BULK RICE CONTAINER. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. * 128. 35A-04-1 6-501.111 FC::, CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED RODENT ACTIVITY AS EVIDENCED BY RODENT DROPPINGS FOUND, RODENT DROPPINGS TOO NUMEROUS TO COUNT. LOCATED ON/IN SALT BIN, ON FLOORS IN DRY STORAGE AND IN WATER HEATER CLOSET. INSPECTIONS DATED 03/29/11 AND 03/30/11. * 42C, 35A-05-1 6-501.111 FC:;, CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES By: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206,12, AND 7-206,13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED ROACH ACTIVITY AS EVIDENCED BY LIVE ROACHES FOUND. ONE LIVE ROACH NOTED ON KITCHEN WALL BY MOP SINK. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/14. 43, 36-43-71 6-501.12(A) FC:: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. ‘ OBSERVED GREASE AND FOOD DEBRIS ACCUMULATED UNDER COOKING EQUIPMENT, REPEAT VIOLATION. INSPECTIONS DATED 03/29/11, 03/30/11 AND 06/07/11. * 14.52-01-1 509.292(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 TOA District: 05 License Type: 2010 File Number: 236446 * denotes critical violation Case Number: 2011031749 License Number: 1103053 NEW CENTURY BUFFET Exhibit A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED. IMITATION CRAB USED IN HOUSE CRAB DISH BUT SIGN ABOVE ITEM DOES NOT INDICATE IT tS IMITATION. INSPECTIONS DATED 02/09/11 AND 03/29/11. District: 05 License Type: 2010 File Number: 236446 * denotes critical violation Case Number: 2011031749 License Number: 1103053 NEW CENTURY BUFFET

Docket for Case No: 11-004225
Issue Date Proceedings
Jan. 18, 2012 Transmittal letter from Claudia Llado forwarding Petitioner's proposed Exhibits numbered 1-10, to the agency.
Jan. 10, 2012 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jan. 09, 2012 Joint Motion to Relinquish Jurisdiction filed.
Jan. 03, 2012 Order Adjourning Final Hearing.
Dec. 20, 2011 Petitioner's Amended Witness List filed.
Nov. 15, 2011 Order Re-scheduling Hearing by Video Teleconference (hearing set for January 3, 2012; 10:30 a.m.; Orlando and Tallahassee, FL).
Nov. 15, 2011 Order (enclosing rules regarding qualified representatives).
Nov. 15, 2011 CASE STATUS: Hearing Partially Held; continued to January 3, 2012; 10:30 a.m.; Orlando, FL.
Nov. 08, 2011 Petitioner's Witness List filed.
Nov. 08, 2011 Notice of Filing Petitioner's (Proposed) Exhibit List filed.
Nov. 07, 2011 Order Granting Motion to Amend Administrative Complaint.
Nov. 04, 2011 Petitioner's Notice of Scrivener's Error filed.
Sep. 27, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for November 15, 2011; 9:30 a.m.; Gainesville and Tallahassee, FL).
Sep. 21, 2011 Joint Motion for Continuance filed.
Aug. 26, 2011 Order of Consolidation (DOAH Case Nos. 11-4225 and 11-4328).
Aug. 23, 2011 Order of Pre-hearing Instructions.
Aug. 23, 2011 Notice of Hearing by Video Teleconference (hearing set for September 30, 2011; 9:30 a.m.; Gainesville and Tallahassee, FL).
Aug. 23, 2011 Response to Initial Order filed.
Aug. 19, 2011 Initial Order.
Aug. 18, 2011 Agency referral filed.
Aug. 18, 2011 Election of Rights filed.
Aug. 18, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer