State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. COZY CABIN FAMILY RESTAURANT rivense Type oO Respondent. Case Number 2013008903 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against COZY CABIN FAMILY RESTAURANT, ("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 8165 SR 52, HUDSON, FLORIDA 34667. The mailing address of record is COZY CABIN FAMILY RESTAURANT, at 8165 SR 52, HUDSON, FLORIDA 34667. 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 March 05, 2013 Joe Perez, 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 db F008 Wi s0e2 2412 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 , 2013. Received by: inspector's Signature Operator's Signature Title Title Case Number: 2013008803 File Number: 246699 District Number: 03 License Number: 6102085 2010 Form revised 01.01.13 COZY CABIN FAMILY RESTAURANT Exhibit A License Number: 6102085 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2073008903 itis alleged that on December 17, 2012, February 27, 2013 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. ™ 1.03B-04-1 3-501.16 (A)(1} 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 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; Cooked meats or poultry not held at 135 degrees Fahrenheit or above; sausage held at 85 degrees F. ** 2, 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, halding, 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 meat stored over milk and produce. ™ 3,12A-12-1 2-301.14 FC:: When to Wash. Food EMPLOYEES’ shall clean their hands and exposed portions of their arms as specified under Section 2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single- use articles and: (A) After touching bare human body parts other than clean hands and clean, exposed portions of arms; (B) After using the toitet room; (C) After caring for or handling service animals or aquatic animals as specified in Paragraph 2-403.11(B); (D) Except as specified in Paragraph 2-401.11(B), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; (E) After handling soiled equipment or utensils; (F) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; (G) When switching between working with raw food and working with ready-to-eat food; (H) Before donning gloves for working with food; and (1) After engaging in other activities that contaminate the hands. Observed employee switch from working with raw food to ready-to-eat food without washing hands. 4, 13-03-1 2-402.11 FC:: Effectiveness. (A) Except as provided in Paragraph (B) of this section, FOOD EMPLOYEES' shail wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES. (B) This section does not apply to FOOD EMPLOYEES’ such as counter staff who only serve BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a minimal risk of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES. Observed employee with no hair restraint. District: 03 Case Number: 2013008903 License Type: 2010 License Number: 6102085 File Number: 246699 COZY CABIN FAMILY RESTAURANT Exhibit A §.14-51-1 4-101.11FC:: 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. Observed single use vanilla bottle used for food storage. 6. 15-38-1 5-203.13FC:: Service Sink. At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. No mop sink or curbed cleaning facility provided. 7.21-12-1 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 4-501.114, and used for wiping spills from FOOD-CONTACT and nonFOOD-CONTACT SURFACES of EQUIPMENT. Wet wiping cloths not stored in sanitizing solution between uses, Wiping cloth stored on counters and prep area. 8. 31-09-1 5-205.11(A) FC:: (A) A handwashing lavatory shall be maintained so that it is accessible at all times for EMPLOYEE use. ~ Handwash sink not accessible for employee use at all times; sponges stored in handsink. 9. 37-01-1 61C-1.004(6) FAC:: (6) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. Celling tile missing in dry storage area. 10. 38-07-1 6-202.11 FC:: Light Bulbs, Protective Shielding. (A) Except as specified in Paragraph (B) of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES. (B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing FOOD in unopened packages, if: (1) The integrity of the packages can not be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. Lights missing the proper shield, sleeve coatings or covers. * 11. 41B-01-1 7-204.11 FC:: Chemical sanitizers and other chemical antimicrobials applied to food- contact surfaces shall meet the requirements specified in 21 CFR 178.1010 sanitizing solutions. Observed wiping cloth sanitizing.solution exceeding the maximum concentration. 12. 51-11-1 61C-1.004(9)(d) FAC:: (D) Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety. Carbon dioxide/helium tanks not adequately secured. District: 03 Case Number: 2013008903 License Type: 2010 License Number: 6102085 File Number: 246699 COZY CABIN FAMILY RESTAURANT Exhibit A “* 13, 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. 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. No proof of required employee training. : District: 03 Case Number: 2013008903 : License Type: 2010 License Number: 6102085 File Number: 246699 COZY CABIN FAMILY RESTAURANT

Docket for Case No: 13-001750