State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. so . CHINA LEE EXPRESS’ rigense twee ones Respondent. ‘Case Number 2012012896 ’ Administrative Complaint The DEPARTMENT OF BUSINESS.AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CHINA LEE EXPRESS, ("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-Secttorr20:165and-Chapter509-Florida Statutes.— 2 Respordentis, and has beer at all times material hereto, licens6d by or subject to the jurisdiction of the Division-of Hotels-and-Restaurants--The-respondent's-business-address of record is 2338 S KIRKMAN -“---ROAD, ORLANDO,-FLORIDA- 3281-1..The mailing address of record-is GHINA-LEE-EXPRESS;- at 2338 S KIRKMAN ROAD, ORLANDO, FLORIDA 32811. 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 relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. (aseee Qe Signed | March 15, 2012 Valerie Freeman, 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 copy of the foregoing ADMINISTRATIVE COMPLAINT has been ’ hand served bym me on this. day of , 2012 nn Received by: : Inspector's Signature . Qperator’s Signature: Title ~ : : : Title Case Number: 2012012896 — File Number: 240537 , Olstrict Number: 04. License Number: 6810470 2010 Form revised 09.10.11 CHINA LEE EXPRESS Filed March 28, 2012 1:52 PM Division of Administrative Hearings Exhibit A License Number: 5810470 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012012896 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 Cade. 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 ts alleged that on December 12, 2011, January 13, 2012, January 18, 2012, February 17,2012 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. PARAGRAPHS (B) AND TORIN T-EXPQSED-70:SPLASH-DUST= OR et i :WHERE-IT=|S:NOT-E) OTHER CONTAMINATION: AND (3) A ‘AT ‘LEAST 6 INCHES ABOVE THE FLOOR; (8) 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. FOOD WAS STORED ON THE FLOOR. 2. 10-07-1 3-304,12(F) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) INA CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER IS CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D)(7). THERE WAS AN. IN-USE UTENSIL STORED IN STANDING WATER LESS THAN 135 DEGREES F. (RICE SCOOP) 3. 13-01-1 2-304.11 FC:: CLEAN.CONDITION, FOOD.EMPLOYEES' SHALL WEAR CLEAN OUTER CLOTHING TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE- SERVICE AND SINGLE-USE ARTICLES. THE COOKS HAD NO HAIR RESTRAINT. (OBSERVED 12/12/11, 01/13/12, AND 02/17/12) 4, 24-12-1 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 A CONCENTRATION SPECIFIED IN SECTION 4-804.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES. 5, 23-03-71 4-601.11(C) FC: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE ° KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. THERE WAS A BUILDUP OF GREASE ON THE HOOD FILTERS. * denotes critical violation ©” . District: 04 Case Number: 2012012896 License Type: 2010 License Number: 5810470 File Number: 240537 CHINA LEE EXPRESS Exhibit A * 6, 32-15-1 6-301.14 FC AND 61C-1.004(2)(C) FAC:: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES' AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES'. THERE WAS NO HAND WASHING SIGN PROVIDED AT THE HAND SINK USED BY FOOD EMPLOYEES. * 7. 53A-19-1 61C-4.023(1) FAC:: (1) ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED ‘A CERTIFICATION TEST. APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. THE FOOD MANAGER CERTIFICATE WAS EXPIRED. 5 DISPLAY SERVING OF FOODS TO THE PUBLIC. IN ESTABLISHMENTS REGULATED. UNDER THIS CHAPTER, THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS. “SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF REQUIRED EMPLOYEE FOOD HANDLER TRAINING PROVIDED. * denotes critical violation District: 04 Case Number: 2012012896 License Type: 2010 License Number: 5810470 File Number: 240537 -CHINA LEE EXPRESS

Docket for Case No: 12-001127