State of Florida Department of Business and Professional Regulation Division of Hotels.and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 6804954 CHINA WOKERY BUFFET INC License Type 2010 Respondent. Case Number 2011007524 Administrative Complaint The DEPARTMENT ‘OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CHINA WOKERY BUFFET INC, ("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 4411 AIDAN LN, NORTH PORT, FLORIDA 34287.The mailing address of record is CHINA WOKERY BUFFET INC, at 3904 BULA LN, NORTH PORT, FLORIDA 34287. 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 is 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 February 14, 2011 g Claudia‘Fields, Deputy 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: _71603901984911005402 - | 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: ’ Inspector's Signature Operator's Signature Title Title Case Number: 2011007524 File Number: 200445 District Number: 07 License Number: 6804954 2010 Form revised 02.02.11 CHINA WOKERY BUFFET INC Filed January 20, 2012 11:32 AM Division of Administrative Hearings Exhibit A License Number: 6804954 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011007524 “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 Cade. “*" denotes a critical violation. It is alleged that on November 13, 2009, January 13, 2010, April 5, 2010, November 29,.2010, December.20, 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. * 4A. 08A-23-4 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 IMPROPER VERTICAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS, OBSERVED RAW POULTRY AND RAW BEEF STORAGE OVER RTE'S (READY-TO- EAT)WASHED CUT VEGETABLES IN WALK-IN COOLER. REPEAT VIOLATION CITED ON INSPECTION(S) DATED 11/29/10 AND 12/20/10, WAS COMPLIED ON 3/15/10.. * 1B. O8A-24-1 3-302.11(A)(2) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION. (2) EXCEPT WHEN COMBINED AS INGREDIENTS, SEPARATING TYPES OF RAW ANIMAL FOODS FROM EACH OTHER SUCH AS BEEF, FISH, LAMB, PORK, AND POULTRY DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY BY: (A) USING SEPARATE EQUIPMENT FOR EACH TYPE, OR (B) ARRANGING EACH TYPE OF FOOD IN EQUIPMENT SO THAT CROSS CONTAMINATION OF ONE TYPE WITH ANOTHER !S PREVENTED, AND (C) PREPARING EACH TYPE _ OF FOOD AT DIFFERENT TIMES OR IN SEPARATE AREAS; OBSERVED RAW ANIMAL FOODS NOT PROPERLY SEPARATED FROM EACH OTHER IN HOLDING UNIT/DURING PREPARATION. OBSERVED RAW POULTRY STORAGE OVER RAW SHRIMP IN WALKIN COOLER. REPEAT VIOLATION CITED ON INSPECTION(S) DATED 11/29/10 AND 12/20/10, WAS . COMPLIED ON 3/15/10.. “ 40, 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 POULTRY AND RAW BEEF OVER WASHED RTE’S VEGETABLES IN WALKIN COOLER. REPEAT VIOLATION CITED ON INSPECTION(S) DATED 11/29/10, 1/13/10 AND 12/20/10, WAS COMPLIED ON 3/15/10. Case Number; 2011007524 — File Number: 200445 : District Number: 07 License Number: 6804954 2010 Form revised 02.02.11 CHINA WOKERY BUFFET ING ™“ 1D. O8A-28-1 3-305.11FC:: 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) INA CLEAN, DRY LOCATION; (2) WHERE IT IS 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. OBSERVED FOOD STORED ON FLOOR. OBSERVED CARROTS BAG STORAGE ON WALK-IN COOLER FLOOR. REPEAT VIOLATION CITED ON INSPECTION(S) DATED 11/29/10 AND 12/20/10, WAS COMPLIED ON 2/2/11. . * 2.09-04-1 3-301.11(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 WASHED CELERY REPEATEDLY TOUCHED BAREHANDED BY HISPANIC KITCHEN FOOD HANDLERS EMPLOYEE. REPEAT VIOLATION CITED ON INSPECTION(S) DATED 11/13/09, 1/13/10, 4/5/40 AND 12/20/10 WAS COMPLIED ON 3/15/10, AT STIP CB INSPECTION DATED 8/13/10 AND 2/2/11. Case Number: 2011007524 — File Number: 200445 District Number: 07 License Number: 6804954 2010 Form revised 02.02.11 CHINA WOKERY BUFFET INC

Docket for Case No: 12-000337