Elawyers Elawyers
Ohio| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs WONG'S AUTHENTIC CHINESE FOOD, 12-000105 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000105 Visitors: 6
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: WONG'S AUTHENTIC CHINESE FOOD
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Jan. 09, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 20, 2012.

Latest Update: Sep. 20, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS WONG'S AUTHENTIC CHINESE FOOD eens NO Oe Respondent toense type fi Case Number 2011004128 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against WONG'S AUTHENTIC CHINESE FOOD, (“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 8237 W SUNRISE BLVD, PLANTATION, FLORIDA 333225403 The mailing address of record Is WONG'S AUTHENTIC CHINESE FOOD, at 8237 W SUNRISE BLVD, PLANTATION, FLORIDA 33322 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 ne authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed January 26, 2011 Le Buck, District 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 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 , 2011 Received by (nspector's Signature Operator's Signature Title Title Case Number 2011004128 File Number 104372 Distinct Number 02 Licanse Number 1616666 2010 Form revised 10 04 10 WONG'S AUTHENTIC CHINESE FOOD Filed January 9, 2012 1:22 PM Division of Administrative Hearings Exhibit A License Number 1616666 License Type 2010 PERMANENT FOOD SERVICE Case Number 2011004128 “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 {ts alleged that on January 27, 2010, October 28, 2010, January 5, 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 * 4 02-22-14 3-50117(A)FC (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW (1) 414 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS, THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1 READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED: OBSERVED NO DATE MARKING IN WALKIN COOLER, * 2 08A-19-1 3-20215FC PACKAGE INTEGRITY FOOD PACKAGES SHALL BE IN GOOD CONDITION AND PROTECT THE INTEGRITY OF THE CONTENTS SO THAT THE FOOD IS NOT EXPOSED TO ADULTERATION OR POTENTIAL CONTAMINANTS OBSERVED TORN PACKAGES/BAGS OF FOOD EXPOSING THE CONTENTS TO CONTAMINATION. * 3 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 (8) COOKED READY-TO-EAT FOOD, OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD: OBSERVED RAW SHELL EGGS OVER SAUCES IN WALKIN COOLER. 4 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: OBSERVED EMPLOYEE MAKING WONTONS WITHOUT HAIR RESTRAINT. Case Number 2011004128 File Number 104372 District Number 02 License Number 1616666 2010 Form revised 10 04 10 WONG'S AUTHENTIC CHINESE FOOD § 14-51-1 4-10111FC CHARACTERISTICS MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE (A) SAFE, (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT, (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING, (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE, AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION OBSERVED NONFOOD-GRADE CONTAINERS USED FOR FOOD STORAGE. 6 15-32-1 4-501 11(A) AND(B) 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 OBSERVED WALK-IN COOLER GASKET TORNIIN DISREPAIR, * 7 22-19-1 4-60212FC COOKING AND BAKING EQUIPMENT (A) THE FOOD-CONTACT SURFACES OF COOKING AND BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND FILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602 11(D)(6) (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED AT LEAST EVERY 24 HOURS BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE OBSERVED INTERIOR OF MICROWAVE SOILED, * 8 22-28-1 4-60111(A)FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH OBSERVED INTERIOR OF REACH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE. 9 23-03-1 4-60111(C)FC (CC) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS OBSERVED BUILD-UP OF GREASE ON NONFOOD-CONTACT SURFACE: OBSERVED ON HOOD FILTERS. 10 25-01-1 4-90411FC (A) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE HANDLED, DISPLAYED, AND DISPENSED SO THAT CONTAMINATION OF FOOD AND LIP-CONTACT SURFACES IS PREVENTED (B) KNIVES, FORKS, AND SPOONS THAT ARE NOT PREWRAPPED SHALL BE PRESENTED SO THAT ONLY THE HANDLES ARE TOUCHED BY EMPLOYEES' AND BY CONSUMERS IF CONSUMER SELF- SERVICE IS PROVIDED (C) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, SINGLE-SERVICE ARTICLES THAT ARE INTENDED FOR FOOD- OR LIP-CONTACT SHALL BE FURNISHED FOR CONSUMER SELF- SERVICE WITH THE ORIGINAL INDIVIDUAL WRAPPER INTACT OR FROM AN APPROVED DISPENSER OBSERVED SINGLE-SERVICE ARTICLES HANDLED, DISPLAYED, OR DISPENSED IN A MANNER THAT ALLOWS FOR CONTAMINATION. Case Number 2011004428 File Number 104372 District Number 02 License Number 1616666 2010 Form revised 10 04 10 WONG'S AUTHENTIC CHINESE FOOD

Docket for Case No: 12-000105
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