DIVISION OF ABMENISTRATIVE HEARINGS F : pare____ YP soy State of Florida : . : Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND oo : | |-5 { ad PROFESSIONAL REGULATION Patitioner, vs. : HIP HOP FISH & CHICKEN rigense Teno 16 Respondent. ” Case Number 2010052724 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, {"Petitioner’), files this Administrative Complaint against HIP HOP FISH & CHICKEN, (‘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 1603 W TENNESSEE ST, TALLAHASSEE, FLORIDA 32304. The mailing address of record Is HIP HOP FISH & CHICKEN, at 1603 W. TENNESSEE ST, TALLAHASSEE, FLORIDA 32304: 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 are 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 October 21, 2010 Ken Hensal IStrict Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: . Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 4840 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5574 6157 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of __ , 2010. Récelved by: Inspector's Signature . . - Operator's Signature Title Title Gase Number: 2010052724 File Number: 214416 Olstriot Number: 06 License Number: 4703116 2070 ~ Form revised 10.04.10 HIP HOP FISH & CHICKEN : Filed October 5, 2011 2:49 PM Division of Administrative Hearings Exhibit A License Number: 4703116 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010052724 *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 Cade, and 61C-1,004(5), Florida Administrative Code. . “” denotes a critical violation. Itis alleged that on August 30, 2010, August 31, 2010, February 1, 2010, September 28, 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. * 1,05-09-1 4-204.112 FC: (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TC 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 FOGD 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 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. (E) FOOD TEMPERATURE MEASURING DEVIGE 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 GONSPICUOCUSLY LOCATED THERMOMETER IN HOLDING UNITS; REACH-IN COOLER ON COOK'S LINE, WALK-IN COOLER, REPEAT VIOLATION, 2/1/10. * 2.08A-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; . OBSERVED UNCOVERED FOOD IN A HOLDING UNIT/ DRY STORAGE AREA; WHITE FLOUR AND BREADING TUBS IN STORAGE ROOM. REPEAT VIOLATION, 2/1/10, Case Number; 2010052724 — File Number: 214416 District Number: 06 License Number: 4703116 2010 . Form revised 10.04.10 HIP HOP FISH & CHICKEN * 3.12A-16-1 2-301.14FC::, WHEN TO WASH, FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN GLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B), (D} EXCEPT AS SPECIFIED IN PARAGRAPH 2-401,11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING: (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; {F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H} BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (1) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVE EMPLOYEE FAIL TO WASH HANDS WHEN DONNING GLOVES. REPEAT VIOLATION, 2/1/10. * 4.32-47-1 6-301.11 FC: HANDWASHING CLEANSER, AVAILABILITY, EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY; RESTROOM, REPEAT VIOLATION, 2/4/10. Case Number; 2010052724 File Number: 214416 District Number: 06 License Number: 4703116 2010 Form revised 10.04.10 HIP HOP FISH & CHICKEN

Docket for Case No: 11-005124