State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. CHINA LEE EXPRESS ticanse toe 210 Respondent. Case Number 2012051318 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 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 2338 S KIRKMAN ROAD, ORLANDO, FLORIDA 32811.The mailing address of record is CHINA LEE EXPRESS, at 2338 S KIRKMAN ROAD, ORLANDO, FLORIDA 32811, . 3. Inspection-of this-establishment conducted-pursuant to Sec;-609:032;-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, Var > Signed December 14, 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 by me on this day of , 2012. Received by: Inspector's Signature . Operator's Signature Title Title Case Number: 2012051318 File Number: 240537 District Number: 04 License Number: 5810470 2010 Form revised 11.11.12 CHINA LEE EXPRESS Exhibit A License Number: 5810470 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012051318 It is alleged that on August 16, 2012, August 17, 2012, October 22, 2012 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. “*" denotes a critical violation. * 1. 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. On 08/16/12 and.08/17/12, observed.containers.of sauces.and.-oil-stored-on-the floor On-10/22/12; observed containers of sauces stored on the floor of the walk-in cooler. 2. 14-37-1 4-501.12 FC:: Cutting Surfaces. Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded If they are not capable of being resurfaced. The cutting board at the prepline cooler was very soiled, grooved, pitted and no longer easily cleanable. 3. 23-07-1 4-602.13 FC:: NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned ata frequency necessary to preclude accumulation of soil residues. The gaskets on the makeline cooler were soiled with a slimy/mold-like substance, * 4, 53B-08-1 509.049 FS: Food service employee training. The division shall adopt, by rule, minimum i 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 shail not include an examination, but shalt 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 shallbethe ° 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. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. The operator was not able to provide proof of the employee food handler training upon request. Case Number: 2012051318 Fite Number: 240537 District Number: 04 License Number: 5810470 2010 : Form revised 11.11.12 CHINA LEE EXPRESS

Docket for Case No: 13-001438