State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ; 5803750 LANDMARK CENTER /OMEGA DELL rigense Type” 3010 Respondent. Case Number 2013021495 ; Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LANDMARK CENTER / OMEGA DELI, (“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 315 ROBINSON AVE #155, ORLANDO, FLORIDA 32801.The mailing address of record is LANDMARK CENTER / OMEGA DELI, at 315 E ROBINSON ST STE 155, ORLANDO, FLORIDA 32801-1948, 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-b er 509, Florida gtutes, or the rules promulgated thereto. Angela Carragher Signed May 17, 2013 for Valerie Freernan i eat fhe 0 & 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 , 2013, . : Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013021495 . File Number: 131872 District Number: 04 Llcense Number: 5803750 2010 Form revised 01.01.13 LANDMARK CENTER / OMEGA DELI CY Exhibit A License Number: 5803750 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013021495 Itis alleged that on November 28, 2012, April.24, 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. “ 4,03A-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 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) Ata temperature specified In the following: (a) 41 degrees Fahrenheit or less; On 11/28/12, creamers in the frontline service area were 76 degrees F. On 04/24/13, creamers on the frontline were 74 degrees F and butter on the frontline was 69 degrees F. ** 2,05-08-1 4-302.12 FC:: FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. (B) A TEMPERATURE MEASURING DEVICE with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin FOODS such as MEAT patties and FISH filets. No probe thermometer was provided that was able to go below 50 degrees F. 3. 13-03-1 2-402.11 FC:: Effectiveness. (A) Except as provided in Paragraph (B) of this section, FOOD EMPLOYEES' shall 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. . The employee was preparing food without proper hair restraint. 4, 15-31-1 4-501.11(A) and (B) FC:: Goad Repair and Proper Adjustment, (A) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified in Parts 4-1 and 4-2. (B) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturers’ specifications. The hand sink in the back kitchen was cracked. Case Number: 2013021495 — File Number: 131872 District Number: 04 License Number: 5803750 2010 Form revised 01.01.13 LANDMARK CENTER / OMEGA DELI () ) ** 5.22-21-1 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. . Observed a soil buildup inside the ice machine. 6. 24-06-1 4-903,11(A) 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) Where they are not exposed to splash, dust, or other contamination; and (3) At least 6 inches above the floor. : Observed clean utensils stored in a dirty container on the rack above the three-compartment sink. 7. 40-04-1 7-209.11 FC:: Storage. Except as specified under Sections 7-207.12 and 7-208,11, EMPLOYEES' shall store their PERSONAL CARE ITEMS in facilities as specified under Paragraph 6- 305.11(B), 40-03-1 6-403.11(B) FC:: Employee Accommodations. Designated Areas, (B) Lockers:or other suitable facllities shall be located in a designated room or area where contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES can not occur. . Observed a call phone stored next to food in the kitchen area. Case Number: 2013021495 — File Number: 131872 District Number: 04. License Number: 5803750 2010 Form revised 01.01.13 LANDMARK CENTER / OMEGA DELI

Docket for Case No: 13-002955