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State of Florida

Department of Business and Professional Regulation

·Division ·of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

vs.

LANDING STRIP CAFE

Respondent.

- - - - - - - - ·'

License Number 5700658

License Type 2010

Case Number 2012030320

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administra ive Complaint against LANDING STRIP CAFE, ("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. Responqent 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 2800 NW 20 TRL, OKEECHOBEE, FLORIDA 34972.The mailing address of record is LANDING STRIP CAFE, at 2800 NW 20 TRL, OKEECHOBEE, FLORIDA 34972.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I 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.

                        WHEREFORE, Petitioner res ectfull re uests ent of an Order im osing 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 July 11, 2012

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Claudia Fields, Depu istrict Manager By delegation of the Director, ordesignee Division of Hotels & Restaurants

Department of Business & Professional Regulation

Department of Business & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71969008911125884690

I HEREBY-CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT ha been hand served by me on this_ day of                           • 2012. ·

Received by:                             _

Inspector's Signature Operator's Signature

Title Title

Case Number: 2012030320 File Number: 213915

License Number : 5700658 2010 LANDING STRIP CAFE

District Number: 07

Form revised 09.10.11

Filed December 31, 2012 10:18 AM Division of Administrative Hearings

Exhibit A

License Number: 5700658

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2012030320

"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, Ge·neral Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code.

"*" denotes a critical violation.

It is alleged that on June 19, 2012, June 20, 2012 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admini_strative 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. 01B-16°1 61C-4.010(2) FAC:: (2) EXAMINATION AND CONDEMNATION OF FOOD·· FOOD MAY BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S. 509.032(4), FS.

  
  

  STOP SALE ISSUED ON POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABUSE (SEE STOP SALE NOTICE). TUNA SALAD AT 50 DEGREES F, PREPARED YESTERDAY. AT CALLBACK 6/20/12, OBSERVED PAN OF TUNA DATE MARKED 6/13/12; SAME AS PREVIOUS DAY IN REACHIN COOLER. STOP SALE FOOD NOT DISCARDED, STILL IN REACHIN COOLER FROM PREVIOUS DAY. COSATCALL C

  
  

• 2. 08A-23-1 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 IMPROPER VERTICAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS. RAW CHICKEN STORED OVER RAW PORK IN REACH IN (MEAT REACH-IN) CORRECTED ON SITE. AT CALLBACK 6/20/12, OBSERVED CONTAINER OF CHICKEN STORED OVER CONTAINERS OF PORK AND FISH IN REACHIN COOLER AT KITCHEN PREP. COS.

3. 24-07-1 4-903.12(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, CLEANED AND SANITIZED EQUIPMENT, UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE MAY NOT BE STORED: (1j IN LOCKER ROOMS; (2) IN TOILET ROOMS; (3) IN GARBAGE ROOMS; (4) IN MECHANICAL ROOMS; (5) UNDER SEWER LINES THAT ARE NOT SHIELDED TO INTERCEPT POTENTIAL DRIPS; (6) UNDER LEAKING WATER LINES INCLUDING LEAKING AUTOMATIC FIRE SPRINKLER HEADS OR UNDER LINES ON WHICH WATER HAS CONDENSED; (7) UNDER OPEN STAIRWELLS; OR (8) UNDER OTHER SOURCES OF CONTAMINATION.

CLEANED AND SANITIZED EQUIPMENT, UTENSILS, LINENS OR SINGLE-SERVICE NOT PROPERLY STORED; LARGE CLEAN SERVING UTENSIL STORED IN BUCKET WITH FOOD CONTACT END EXPOSED AT CALLBACK, UTENSILS STORED HANDLES DOWN IN OPEN BUCKET.

Case Number: 2012030320 File Number: 213915

License Number: 5700658 2010 LANDING STRIP CAFE

District Number: 07 ',

Form revised 09.10.11

• 4. 35A-08-1 6-501.111 FC:: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY:

  (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS.

  
  

  OBSERVED 2 LIVE FLIES IN KITCHEN. AT CALLBACK 6/20/12, OBSERVED 2 LIVE FLIES IN KITCHEN

  
  

• 5. 41A-02-1 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.

OBSERVED TOXIC ITEM STORED OVER FOOD, HAND SOAP OVER BACON IN KITCHEN.

CORRECTED ON SITE (COS). AT CALLBACK 6/20/12, OBSERVED PACKAGE OF TORTILLAS STORED UNDER SOAP DISPENSER AT KITCHEN HANDSINK. cos.·

Form revised 09.10.11

Case Number: 2012030320 File Number: 213915

License Number: 5700658 2010 LANDING STRIP CAFE .

District Number: 07 J

Docket for Case No: 12-004162