State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION / Petitioner, vs. License Number 6500519 RAINTREE REST License Type 2010 Respondent. nun oe Gage Number. 2042000476 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against RAINTREE REST, (“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. 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 102 SAN MARCO AVE, ST AUGUSTINE, FLORIDA 320843261 .The mailing address of record is RAINTREE REST, at 102 SAN MARCO AVE, ST AUGUSTINE, FLORIDA 320843261. 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. : Signed February 29, 2012 ¢ Michelle Haynes, District Ver 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: 7196 9008 9111 2135 3107 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of 2012, a Received by: inspector's Signature Operator's Signature Title Title Case Number: 2012009476 File Number: 145050 District Number: 05 License Number: 6500519 2010 Form revised 09.10.11 RAINTREE REST Filed July 31, 2012 2:10 PM Division of Administrative Hearings Exhibit A License Number: 6500519 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012009476 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on July 28, 2011, September 29, 2011, January 31, 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. * 4A. 02-07-1 3-501.17(B) FC:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER !S OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD IS HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. MILK. REPEAT VIOLATION. * 4B. 02-22-1 3-601.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON-SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. SOUPS, MEATLOAF, PASTAS, RICE,NUMEROUS COOKED ITEMS THROUGHOUT, REPEAT VIOLATION. * 40, 02-26-1 3-302.12 FC:: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED, OBSERVED WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME, FLOUR, SUGAR, BREAD CRUMBS. REPEAT VIOLATION. * 2.03A-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 * denotes critical violation District: 05 License Type: 2010 Case Number: 2012009476 License Number: 6500519 File Number: 145050 RAINTREE REST . Exhibit A COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(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. CLARIFIED BUTTER AT ROOM TEMPERATURE, 72°F. CREPE BATTER AT 49°F IN REACH-IN COOLER. REPEAT - VIOLATION, * 3:05-09-1 4-204.112 FC:: (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE FHE-AIR- TEMPERATURE OR A -SIMULATED-PROBUGT-TEMPERATURE-IN-THE-WARMEST-PART-OF-A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. THREE UNITS IN KITCHEN, REPEAT VIOLATION. * 4,08A-26-1 3-302.11(A)(1) FC:: (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; OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. RAW GROUND BEEF OVER READY-TO-EAT FOOD IN WALK-IN COOLER, RAW CHICKEN OVER READY-TO-EAT FOOD IN GRILL COOLER. REPEAT VIOLATION. INSPECTIONS DATED 07/28/11 AND 01/31/12. * §.09-01-1 3-307.11(B) FC:: (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. OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE TO DISPENSE READY-TO-EAT FOOD. SUNFLOWER SEEDS IN SALAD AREA, FROZEN BERRIES AT CREPE STATION. REPEAT VIOLATION. INSPECTIONS DATED 07/28/11 AND 01/31/12. * 6.12B-07-1 2-401.11 FC:: EATING, DRINKING, OR USING TOBACCO. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE AND SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION CAN NOT RESULT. (B) A FOOD EMPLOYEE MAY DRINK FROM A CLOSED BEVERAGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1) THE EMPLOYEE'S HANDS; (2) THE CONTAINER; AND (3) EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE * denotes critical violation District: 05 Case Number: 2012009476 License Type: 2010 License Number: 6500519 . File Number: 145050 RAINTREE REST Exhibit A ARTICLES; AND 386.204 FS: A PERSON MAY NOT SMOKE IN AN ENCLOSED INDOOR WORKPLACE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 386.2045 FS. ; OBSERVED AN OPEN BEVERAGE CONTAINER ON A FOOD PREPARATION TABLE, OR OVER/NEXT TO CLEAN EQUIPMENT/UTENSILS. OVER FOOD PREP ON COOKLINE. REPEAT VIOLATION. INSPECTIONS DATED 07/28/11 AND 01/31/12. * denotes critical violation District: 05 License Type: 2010 Case Number: 2012009476 License Number: 6500519 File Number: 145050 RAINTREE REST

Docket for Case No: 12-002578