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
Issue Date |
Proceedings |
Jan. 20, 2012 |
Order Closing File with Leave to Reopen. CASE CLOSED.
|
Jan. 20, 2012 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 20, 2012 |
Order of Pre-hearing Instructions.
|
Jan. 20, 2012 |
Notice of Hearing by Video Teleconference (hearing set for February 29, 2012; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
Jan. 13, 2012 |
Response to Initial Order filed.
|
Jan. 10, 2012 |
Initial Order.
|
Jan. 09, 2012 |
Agency referral filed.
|
Jan. 09, 2012 |
Election of Rights filed.
|
Jan. 09, 2012 |
Administrative Complaint filed.
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