State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . License Number 1619476 LESTER'S DINER #3 dent License Type 2010 espon , Case Number 2010059964 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner’), files this Administrative Complaint against LESTER'S DINER #3, ("Respondent’), and says 1 Petitioner 1s 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 1393 NW 136 AVE, SUNRISE, FLORIDA 33323 The mailing address of record is LESTER'S DINER #3, at 1393 NW 136 AVE, SUNRISE, FLORIDA 33323 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 excead $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief “Ot by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed December 06, 2010 | Ken Buck, District Manager By delegation of the Director, or designee Dwision 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 2010059964 File Number 179128 District Number 02 License Number 1619476 2010 Form revised 10 04 10 LESTER'S DINER #3 Filed December 8, 2011 3:31 PM Division of Administrative Hearings Exhibit A License Number 1619476 License Type 2010 PERMANENT FOOD SERVICE Case Number 2010059964 “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), Flonda Admmistrative Code “* denotes a critical violation Its alleged that on May 21, 2010, November 10, 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 03A-07-1 3-501 16(A)FC* (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME [S 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 13856 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: LIQUID EGGS ON COOKLINE AT 65 DEGREES FAHRENHEIT. * 2 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, OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. OBSERVED RAW STEAK OVER GARLIC SAUCE IN REACHIN COOLER, ALSO RAW SHELL EGGS OVER MATZO BALLS IN WALKIN COOLER, AND RAW BEEF OVER BREAD IN WALKIN FREEZER. . 3 13-03-1 2-40211FC* 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 OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT: EMPLOYEE CUTTING CABBAGE. Case Number 2010059964 File Number 179128 District Number 02 License Number 1619476 2010 Form revised 10 04 10 LESTER'S DINER #3 * 4 22-21-1 4-602 11(E) FC’ (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603 11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED, (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES, (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS, (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD OBSERVED SOIL BUILDUP INSIDE ICE BIN: ON SERVICE LINE. * §,32-10-1 5-501.17FC* TOILET ROOM RECEPTACLE, COVERED A TOILET ROOM USED BY FEMALES SHALL BE PROVIDED WITH A COVERED RECEPTACLE FOR SANITARY NAPKINS OBSERVED WASTE RECEPTACLE NOT PROVIDED IN WOMEN'S BATHROOM. Case Number 2010059964 File Number 179128 Oistrct Number 02 License Number 1619476 2010 Form revised 10 04 10 LESTER'S DINER #3

Docket for Case No: 11-006229