State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. NOODLES ITALIAN CAFE & SUSHI BAR rigense Tyen0Io Respondent. Case Number 2010057233 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Petitioner’), files this Administrative Complaint against NOODLES ITALIAN CAFE & SUSHI BAR, ("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 1585 PINE RIDGE RD, NAPLES, FLORIDA 34109.The mailing address of record is NOODLES ITALIAN CAFE_& SUSHI BAR, at 1585 PINE RIDGE RD, MISSION SQUARE PLAZA , NAPLES, FLORIDA 34109. 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 17, 2010 . coated [<= C = Manager By delegation of the Director, or designee Division of Hotels & Restaurants : . Department of Business & Professiorial Regulation COUNSEL FOR THE DEPARTMENT: Mare 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: 71603901984554668552 | 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: 2010057233 File Number: 182959 District Number: 07 License Number: 2102766 2010 Form revised 10.04.10 NOODLES ITALIAN CAFE & SUSHI BAR : Filed November 21, 2011 11:44 AM Division of Administrative Hearings Exhibit A License Number: 2102766 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010057233 “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 Cade, 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. It is alleged that on December 3, 2009, July 20, 2010, October 1, 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, 02-26-1 3-302.12 FC:: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED, ; WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME. BULK WHITE POWDERS IN BACK PREP LINE NEAR PIZZA OVEN AND BULK WHITE POWDERS IN DRY STORAGE ROOM. REPEAT VIOLATION CITED ON INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10, * 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; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. SAUCES IN ICE BINS AT END OF COOKLINE. ONE SAUCE FOUND AT 47 DEGREES, ANOTHER FOUND AT 46 DEGREES, COOKED.CHICKEN FOUND AT 63 DEGREES AND COOKED SAUSAGE FOUND AT 62 DEGREES !N COOKLINE REACH-IN COOLER TOP ON COOKLINE, COOKED PASTA FOUND AT 50 DEGREES IN ICE BIN ON COOKLINE, LUNCHMEAT FOUND AT 61 DEGREES SITTING OUT AT COOKLINE. ON CALLBACK, SAUCES IN COOKLINE ICE BATH OBSERVED AT 60 DEGREES, 57 DEGREES, AND 61 DEGREES. REPEAT VIOLATION CITED ON INSPECTIONS DATED 12/3/09 AND 10/1/10, WAS COMPLIED 2/9/10. * 3,09-04-1 3-304.11(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 BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. OBSERVED EMPLOYEE HANDLE CHEESE WITH BARE HANDS ON COOKLINE. REPEAT VIOLATION CITED ON INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10, . . Case Numbér: 2010057233 File Number: 182959 . District Number: 07 - License Number: 2102766 2010 Form revised 10.04.10 NOODLES ITALIAN CAFE & SUSHI BAR * 4A: 12A-13-1 2-301.14 FC:;, WHEN TO WASH. FOOD EMPLOYEES' SHALL GLEAN 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 CLEAN 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 (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS, OBSERVED EMPLOYEE HANDLING SOILED EQUIPMENT OR UTENSILS THEN ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. DISHWASHER HANDLED DIRTY FOOD WARES THEN RINSED HANDS IN 3-COMPARTMENT SINK BEFORE HANDLING CLEAN FOOD WARES. REPEAT VIOLATION CITED ON INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10. * 4B, 12A-16-1 2-301.14 FC:;, 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 CLEAN 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 (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. OBSERVED COOKLINE EMPLOYEE TAKE OFF PAIR OF GLOVES THEN PUT ON NEW PAIR WITHOUT WASHING HANDS FIRST. “REPEAT VIOLATION CITED ON. INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10. " * §.27-16-1 5-202.12(A) AND (B) FC:;, HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING - LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY. HOT WATER NOT PROVIDED/SHUT OFF AT EMPLOYEE HAND WASH SINK. SUSHI BAR HANDSINK, REPEAT VIOLATION CITED ON INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10. . * 6. 32-16-1 6-301.12 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING DEVICE. . HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS AT SUSHI BAR. REPEAT VIOLATION CITED ON INSPECTION DATED 12/3/09, WAS COMPLIED 2/9/10. Case Number: 2010057233 _ File Number: 182959 : District Number: 07 License Number: 2102766 2010 : Form revised 10.04.10 NOODLES ITALIAN CAFE & SUSHI BAR

Docket for Case No: 11-005992