. State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 6904537 BEEF O BRADY dent License Type 2010 espondent. Case Number 2011038357 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF Hi RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BEEF O BRADY, and says: OTELS AND (‘Respondent’), 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 2960 W STATE ROAD 426 #1056, OVIEDO, FLORIDA 32765.The mailing address of record is BEEF O|BRADY, at 2960 W STATE ROAD 426 #1056, OVIEDO, FLORIDA 32765. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, révealed 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 th e 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 August 03, 2011 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 by me on this day of , 2011 Received by: Inspector's Signature Operator's Signature Title ‘Title Case Number: 2011038357 File Number: 215002 District Number: 04 License Number: 6804537 2010 Form revised 92.02.11 BEEF 0 BRADY Filed April 23, 2012 4:39 PM Division of Administrative Hearings Exhibit A License Number; 6904537 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011038357 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. Itis alleged that on March 29, 2011, June 13, 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. 1.14-27-1 §-205.13 FC:: SCHEDULING INSPECTION AND SERVICE FOR A WATER SYSTEM DEVICE. A DEVICE SUCH AS A WATER TREATMENT DEVICE OR BACKFLOW PREVENTER SHALL BE SCHEDULED FOR INSPECTION AND SERVICE, IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND AS NECESSARY TO PREVENT DEVICE FAILURE BASED ON LOCAL WATER CONDITIONS, AND RECORDS DEMONSTRATING INSPECTION AND SERVICE SHALL BE MAINTAINED BY THE PERSON IN CHARGE, 14-41-1_ 4-101.11 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. A. BOTH MICROWAVES ON THE COOK LINE HAD RUST ON THE INSIDE. B. SHELVES IN THE REACH IN COOLER WERE RUSTED AND ‘FLAKING. C. THE WATER FILTER TREATMENT DEVICE WAS NOT CHANGED ANNUALLY. * denotes critical violation District: 04 Case Number: 2011038357 License Type: 2010 License Number: 6904537 ; . File Number: 215002 BEEF O BRADY Exhibit A * 2.22-22-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. 22-24-14 4-602.11(E) FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. A. THERE WAS SLIME BUILDUP ON THE SODA GUN AT THE BAR. B. THE CAN OPENER HAD FOOD DEBRIS ON IT AND WAS RUSTED. 3. 23-03-1 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. THE SODA GUN HOLSTER AT THE BAR HAD SLIME DEBRIS ON IT. ALSO, THERE WAS GREASE BUILDUP ON THE SIDES OF THE FRYERS. : 4/24-10-1_4-903.11(A) AND (B) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED: (1) IN A CLEAN, DRY LOCATION; (2) WH NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 BRE THEY ARE INCHES ABOVE THE FLOOR. (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED: (1) IN A SELF-DRAINING| ALLOWS AIR DRYING; AND (2) COVERED OR INVERTED. KNIVES WERE STORED BETWEEN CREVICES OF THE REACH IN COOLER AND TABLE. POSITION THAT * §,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 FOOD EMPLOYEES’. VISIBLE TO * 32-17-1 6-301.11 FC:: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. THERE WAS NO SOAP AT THE HAND SINK IN THE BACK PREP AREA. ALSO, THERE EMPLOYEE HAND WASH SIGN AT THE HAND SINK IN THE BACK PREP AREA. WAS NO * denotes critical violation District: 04 Case Number: 2011038357 License Ty; License Number: 6904537 BEEF O BRADY He: 2010 File Number: 215002 Exhibit A * 6.35B-05-1 6-202.15FC:: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS. SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM|THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BYITHE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT 1S NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST) THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS.AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. THE'BACK KITCHEN DOOR HAD A GAP AT THE BOTTOM OF THE DOOR. 7. 38-10-1_ 61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A. THE LIGHT SHIELD WAS FILLED WITH LIQUID/WATER. B. THERE WAS BLACK DEBRIS ON THE WALL AT THE MOP SINK. ©. GREASE WAS ACCUMULATED ON THE FLOOR UNDER THE FRYERS. * 8.53A-01-2 509.039 FS AND 61C-4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUSTT PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... . THERE WAS NO PROOF OF FOOD MANAGER CERTIFICATION FOR THE ESTABLISHMENT. * denotes critical violation District: 04 Case Number: 2011038357 License Type: 2010 - License Number: 6904537 File Number: 215002 BEEF O BRADY Exhibit A * 9.53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING oF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION| DISPLAY, OR 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 EMPLOYEE TRAINING FOR EMPLOYEES WORKING AT ESTABLISHMENT OVER 60 DAYS. * denotes critical violation District: 04 Case Number: 2011038357 License Type: 2010 License Number: 6904537 File Number: 215002 BEEF O BRADY

Docket for Case No: 12-001522