Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GUANGDONG CHINESE RESTAURANT
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Mar. 21, 2012
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 1, 2012.
Latest Update: Jan. 11, 2025
State of Florida :
Department of Business and Professional Regulation
Division of Hotels and Restaurants
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs. - .
GUANGDONG CHINESE RESTAURANT rigense Type portal
Respondent. Case Number 2011027483
: : Administrative Complaint
The DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GUANGDONG CHINESE
RESTAURANT, (“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.
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 2469 W US HWY 90
#148, LAKE CITY, FLORIDA 32055.The mailing address of record is GUANGDONG CHINESE
RESTAURANT, at 2469 W US HWY 90 #148, LAKE CITY, FLORIDA 32055,
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. ‘
2.
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
tules promulgated thereto.
Signed May 31, 2071
& a
Michelle Haynes, 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:
| HEREBY CERTIFY that a true and correct co
hand served by me on this. day of
py of the foregoing ADMINISTRATIVE COMPLAINT has been
: : 4.
Inspector's Signature
Title
Case Number: 2011027483 File Number: 198081
License Number: 2200217 2010
GUANGDONG CHINESE RESTAURANT
Filed March 21, 2012 2:04
Received by:
Operator's Signature
Title
District Number: 05
Form revised 02.02.11
PM Division of Administrative Hearings
Exhibit A
License Number: 2200217 :
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2011027483
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.
It is alleged that on May 19, 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.
* 1.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR
WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 .19,
AND EXCEPT AS SPECIFIED'IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD
SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS
COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.1 1(B) OR
REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130
DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A)
41 DEGREES FAHRENHEIT OR LESS;
OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. IN GLASS
COOLER: EGGROLLS AT 48°F - 50°F AND PORK AT 48°F.
" 2A, 08A-28-1 3-305,11 FC:: 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) IN A 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. CHICKEN, MEAT AND KRAB MEAT ON FLOOR IN WALK-IN
FREEZER, SAUCE ON FLOOR IN WALK-IN COOLER,
* 2B. 08A-29-1 3-302.11(A)(4) FC::. (A) FOOD SHALL BE PROTECTED FROM CROSS
CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR
WRAPPINGS;
OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. CHICKEN, RICE, SHRIMP
AND MEAT.
* 3. 12A-22-1 61C-4.010(1)(D) FAC AND 3-301.11(B) FC:: NO BARE HAND CONTACT OF EXPOSED
READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR
BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE
ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (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.
* denotes critical violation District: 05
Case Number: 2011027483 License Type: 2010
License Number: 2200217 File Number: 198081
GUANGDONG CHINESE RESTAURANT
Exhibit A
OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS AND THE
ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. FOOD WORKER
TOUCHED COOKED EGGROLLS WITH BARE HANDS WHILE ATTEMPTING TO CHECK PRODUCT ©
TEMPERATURE.
4.14-51-1 4-101.41 FC:: 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 NON-FOOD GRADE CONTAINERS USED FOR FOOD STORAGE IN BOTH WALK-IN AND
REACH-IN UNITS.
5.21-12-4 3-304.14(B)(2) FC::_ (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET
AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER
AT ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM
FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT.
OBSERVED WET WIPING CLOTHS NOT STORED IN SANITIZING SOLUTION BETWEEN USES. ON
COUNTER TOPS THROUGHOUT KITCHEN. .
6. 36-13-1 6-501.12(A) FC: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL
FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN.
OBSERVED GREASE ACCUMULATED UNDER COOKING EQUIPMENT.
District: 05
License Type: 2010
File Number: 198081
* denotes critical violation
Case Number: 2011027483
License Number: 2200217
GUANGDONG CHINESE RESTAURANT
Docket for Case No: 12-001066
Issue Date |
Proceedings |
May 01, 2012 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 01, 2012 |
Joint Motion to Relinquish Jurisdiction filed.
|
Apr. 19, 2012 |
Order of Pre-hearing Instructions.
|
Apr. 19, 2012 |
Notice of Hearing (hearing set for June 4, 2012; 9:30 a.m.; Tallahassee, FL).
|
Mar. 26, 2012 |
Response to Initial Order filed.
|
Mar. 22, 2012 |
Initial Order.
|
Mar. 21, 2012 |
Agency referral filed.
|
Mar. 21, 2012 |
Election of Rights filed.
|
Mar. 21, 2012 |
Administrative Complaint filed.
|