State of Florida .

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND

· PROFESSIONAL REGULATION

Petitioner,

vs.

CHINA SUN

Respondent.

License Number 5811934 License Type 201O

Case Number 2011020457

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CHINA SUN, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and pu lic 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 Dil.!ision of Hotels and Restaurants. The responden'st business address of record is 1737 OAKRIDG!= ROAD, ORLANDO, FLORIDA 32809.The malling address of record is CHINA SUN, at 1737 OAKRIDGE ROAD, ORLANDO, FLORIDA 32809. ,

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 opl;lration of the establishment. The violation(s} found and applicable law are described ln Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B", Incorporated herein by reference. 1

WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of th following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license Issued pursuant to thls Chapter, and/or any other relief authorized by Chapter 509; Florida statutes, or the rules promulgated thereto.

Signed April 19, 2011

COUN$EL FOR THE DEPARTMENT:

Marc Qrexler, Lead Attorney Florida.Bar No. 0487058

Valerie Freeman, District Manager

By delegation of the Director, or deslgnee Division of Hotels & Re taurants · 1

Department of Business & Professional ReQulation

Departinent of Business & Professional Regulation 1940 N,orth Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY f?E°flTIFIED U.S. MAIL, ARTICLE NUMBER: ....,...-,------ 1

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMP AINT has been hand served by me on this_ day of                                                _.2011.

Received by:                              _

Inspector's Signature Operator's Signature

Title Title

Case Number: 2011020457 FIie Number: 210277

License Numbar: 5811934 2010

CHINA SUN

District Number: 04

Form revised 02.02.11

I

Filed February 20, 2012 3:19 PM Division of Administrative Hearings

Exhibit A

License Number: 5811934

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2011020457

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 f,\dministrative 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 Provision , Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

• denotes a critical violation.

  
  

  It is alleged that on March 2, 2011, April 5, 2011 the licensee was in violation of Florida Statu.te 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particu.lars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B.

  
  

• 1. 09-04-1 3-301.11(6) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMlj'LOYEES' 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. '

ON 3/2/11, OBSERVED THE COOK HANDLE COOKED PORK WITH THEIR BARE HANDS ON THE COOK LINE. 'ON 4/5/11, OBSERVED THE EMPLOYEE HANDLING BROCCOLI WITH THEIR BARE HANDS.

• denotes critical violation Case Number: 2011020457 License Number: 5811934 CHINA SUN

i

. Dis/rict: o4

License Type: 2010

File Numbe'r: 210277

Docket for Case No: 12-000703