rules promulgated thereto. State of Florida Department of Business and Professional Regulation : Division of Hotels and Restaurants j DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . License Number 5910971 i GARLIC CRAB HOUSE/FRESH CARIBBEAN SEAFOOD License Type 2010 Respondent Case Number 2011027747 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against GARLIC CRAB HOUSE/FRESH CARIBBEAN SEAFOOD, ("Respondent"), and says: ‘ 4. 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 4371 E OSCEOLA PKWY, KISSIMMEE, FLORIDA 34744.The mailing address of record is GARLIC CRAB HOUSE/FRESH CARIBBEAN SEAFOOD, at 13724 HAWK LAKE DR, ORLANDO, FLORIDA 32837. | 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 yiolation(s) found and applicable law are described in Exhibit “A,” attached hereto and incorporated hérein 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 thé following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license tssued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the (Wp D— Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Signed June 01, 2011 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 : Gertificate of Service . . i 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: ! inspector's Signature Operator's Signature Title Title | . . . { i Case Number: 2011027747 — Fite Number: 240661 District Number: 04 License Number; 5910974 2010 Form revised 02.02.11 GARLIC CRAB HOUSE/FRESH CARIBBEAN SEAFOOD i Filed March 21, 2012 1:41 PM Division of Administrative Hearings Exhibit A License Number: 5910971 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011027747 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, FloridalAdministrative Code, NFPA as cited herein references specific provisions of the Nationat Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisionis, Florida Administrative Code, and 64C-1.004(5), Florida Administrative Code, : * denotes a critical violation. ' Itis alleged that on October 5, 2010, April 20, 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. * 1.08A-26-1 3-302.11(A)(1) FG:; (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; ON 10/5/10, RAW CHICKEN WINGS WERE STORED OVER FRENCH FRIES AND RAW FISH WAS STORED OVER COOKED PASTA. ON 4/20/11, RAW EGGS WERE STORED OVER MILK AND OTHER READY TO EAT FOODS. 2. 14-37-1 _4-501.12 FC:: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFAGED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. THE CUTTING BOARD WAS GROOVED/PITTED AND NO LONGER EASILY oLeannate, * 3,41A-08-1 7-201.11 FC:: SEPARATION. POISONOUS OR TOXIC MATERIALS SHALL BE STORED SO THEY CAN NOT CONTAMINATE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE: SERVICE AND SINGLE-USE ARTICLES BY: (A) SEPARATING THE POISONOUS OR TOXIC MATERIALS BY SPACING OR PARTITIONING; AND (B) LOCATING THE POISONOUS OR TOXIC MATERIALS IN AN AREA THAT IS NOT ABOVE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE/OR SINGLE-USE ARTICLES. THIS PARAGRAPH DOES NOT APPLY TO EQUIPMENT AND UTENSIL CLEANERS AND SANITIZERS THAT ARE STORED IN WAREWASHING AREAS FOR AVAILABILITY AND CONVENIENCE IF THE MATERIALS ARE STORED TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES. i ON 10/5/10, DEGREASER WAS STORED BESIDE RICE ON THE SHELF AND AIR FRESHENER WAS STORED WITH SINGLE SERVICE BOWLS. ON 4/20/11, A CHEMICAL CLEANER WAS STORED BY UTENSILS AND AIR FRESHENER WAS STORED IN THE FOOD PREP AREA. | | * denotes critical violation District: 04 Case Number: 2011027747 License Type: 2010 License Number: 5910971 File Number: 240681 GARLIC CRAB HOUSE/FRESH CARIBBEAN SEAFOOD , ;

Docket for Case No: 12-001063