State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : License Number. 5911115 MAIN GATE FLEA MARKET FOOD COURT #1 | icanse Type 2010 Respondent. : Case Number 2010055797 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MAIN GATE FLEA MARKET FOOD COURT #1, ("Respondent"), and says: 14. 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 5407 W IRLO BRONSON MEMORIAL HWY,-KISSIMMEE, FLORIDA 34746.The mailing address of record is MAIN GATE FLEA MARKET FOOD COURT #1, at 212 RIOMENA COURT, ORLANDO, FLORIDA 32809, 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 November 08, 2010 Valerie Freeman, District Manager By delegation of 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: | 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: 2010058797 File Number: 235995 District Number: 04 License Number: 5911115 2010 : Form revised 10.04.10 MAIN GATE FLEA MARKET FOOD COURT #1 Filed November 21, 2011 11:38 AM Division of Administrative Hearings Exhibit A License Number: 5911115 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2010055797 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 April 23, 2010, October 19, 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. : * 4.02-06-1 3-501.17(F) FC:: (F) A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD INGREDIENT OR A PORTION OF A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD THAT IS SUBSEQUENTLY COMBINED WITH ADDITIONAL INGREDIENTS OR PORTIONS OF FOOD SHALL RETAIN THE DATE MARKING OF THE EARLIEST-PREPARED OR FIRST- PREPARED INGREDIENT. THERE WAS COMBINED READY TO EAT POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS WAS NOT DATE MARKED ACCORDING TO THE EARLIEST DATE OF OPENING/PREPARATION,. * 2.08A-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER,.SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS. SWEET COOKIES AND FRIED NOODLES WERE DISPLAYED WITHOUT PROPER PROTECTION FROM POSSIBLE CONTAMINATION. * 3,08A-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) IN A CLEAN, DRY LOCATION; (2) WHERE IT 1S 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. ON 4/23/10, ONIONS WERE STORED ON THE FLOOR. ON 10/19/10, ONIONS, SHELLED EGGS, AND CABBAGE WERE STORED ON THE FLOOR. * denotes critical violation District: 04 Case Number: 2010055797 License Type: 2010 License Number: 5911115 File Number: 235995 MAIN GATE FLEA MARKET FOOD COURT #1 Exhibit A * 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 4/23/10, ABAG OF VEGETABLES AND EGG BATTER WERE UNCOVERED IN THE REACH IN COOLER. ALSO ON 10/19/10, THE NOODLES WERE UNCOVERED IN THE REACH IN COOLER. 5. 13-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE | ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES' SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. THERE WAS AN EMPLOYEE PREPARING FOOD WITHOUT A HAIR RESTRAINT. 6.21-12-1 3-304.14(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. THERE WAS A WET WIPING CLOTH NOT STORED IN THE SANITIZING SOLUTION BETWEEN USES. * 7, 22-28-1 4-601.11(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. . THE INTERIOR OF THE REACH IN COOLER WAS SOILED WITH AN ACCUMULATION OF FOOD RESIDUE. 8. 24-11-17 4-903.11(A) AND (B) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED: (1) INA SELF-DRAINING POSITION THAT ALLOWS AIR DRYING; AND (2) COVERED OR INVERTED. SALAD BAR PLATES AND BOWLS WERE NOT PROPERLY PROTECTED OR INVERTED TO PREVENT POSSIBLE CONTAMINATION. 9. 29-05-1 6-306.10 FC:: AVAILABILITY. A SERVICE SINK OR CURBED CLEANING FACILITY SHALL BE PROVIDED AS SPECIFIED UNDER CHAPTER 5-203.13 FC; AND 5-203.13 FC: AT LEAST 1 SERVICE SINK OR 1 CURBED CLEANING FACILITY EQUIPPED WITH A FLOOR DRAIN SHALL BE PROVIDED AND CONVENIENTLY LOCATED FOR THE CLEANING OF MOPS OR SIMILAR WET FLOOR CLEANING TOOLS AND FOR THE DISPOSAL OF MOP WATER AND SIMILAR LIQUID WASTE. THERE WAS NO MOP SINK INSTALLED OR AVAILABLE AT THE ESTABLISHMENT. * denotes critical violation District: 04 Case Number: 2010055797 License Type: 2010 License Number: 5911115 File Number: 235995 MAIN GATE FLEA MARKET FOOD COURT #1 Exhibit A 10. 3613-1 6-601.12(A) FC (A) CLEANING; FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. | THERE WAS A GREASE ACCUMULATION UNDER THE COOKING EQUIPMENT. * denotes critical violation . District: 04 Case Number: 2010055797 License Type: 2010 License Number: 5911115 File Number: 235995 MAIN GATE FLEA MARKET FOOD COURT #1

Docket for Case No: 11-005991