State of Florida . Department of Business and Professional Regutation Division of Hotels and Restaurants _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 4508514 1 LOVE NY PIZZA SALAD INC License Type 2010 Respondent. ‘Case Number 2013025855 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against | LOVE NY PIZZA SALAD INC, (“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 532 CAGAN PARK AVE, CLERMONT, FLORIDA 34714.The mailing address of record is } LOVE NY PIZZA SALAD ING, at 532 CAGAN PARK AVE, CLERMONT, FLORIDA 34714. : 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. vae 7 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Signed June 21, 2013 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 8939 9284 | 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: 2013025855 File Number: 253555 District Number: 04 License Number: 4508514 2010 Form revised 01.01.13 I LOVE NY PIZZA SALAD INC Exhibit A License Number: 4508514 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013025855 Itis alleged that on March 13, 2013, May 17, 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 teferenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. ** denotes a high priority violation. * denotes an intermediate priority violation. “ 4. 03F-02-4 3-501.19(B)(2) and (4) FC High Priority: (B) If time without temperature control is used as the public health control up to a maximum of 4 hours: (2) The food shail be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is removed from temperature control; (4) The food in unmarked containers or packages, or marked to exceed a 4-hour limit shall be discarded. Potentially hazardous (time/temperature control for safety) food that was held using time as a public health control had no time marking (display pizza). ** 2.09-01-4 3-301.11(B) FC High Priority: (B) Except when washing fruits and vegetables as specified under Section 3-302.15 or as specified in Paragraphs (D) and (E) of this section, 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. The employees were touching ready-to-eat food with their bare hands and the establishment did not have an approved Alternative Operating Procedure. On 03/13/13, the cook cut lettuce for salad with his bare hands. On 05/17/13, the cook was observed touching ready to eat pizza. 3. 13-03-4 2-402.11 FC Basic: (A) Except as provided in Paragrpah (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 had no hair restraint while engaging in food preparation. Case Number: 2013025855 File Number: 253555 . District Number: 04 License Number: 4508514 2010 Form revised 01.01.13 | LOVE NY PIZZA SALAD ING “ 4.44-01-4 3-304.12(A) and (B) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (A) Except as specified under Paragraph (B) of this section, in the food with their handies above the top of the food and the container, (B) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon; 14-04-4 4-202.11FC Intermediate: (A) Multiuse food-contact surfaces shall be: (1) Smooth, (2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; (3) Free of sharp interna! angles, corners, and crevices; (4) Finished to have smooth welds and joints; and (5) Except as specified in Paragraph (B) of this section, accessible for cleaning and inspection by one of the following methods: (a) Without being disassembled, (b) By disassembling without the use of tools, or (c) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open- end wrenches, and Allen wrenches. (B) Subparagraph (A)(5) of this section does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes. A. On 03/13/13, a single service cup with no handle was used to scoop seasonings. On 05/17/13, a single service cup with no handle was used to scoop salt. B. The microwave was missing a fan guard cover/splatter shield. * 5.22-07-4 4-601.11(A) FC Intermediate: (A) Equipment food-contact surfaces and utensils shail be clean to sight and touch. The slicer blade guard was soiled with old food debris. 6. 23-17-4 4-602.13FC Basic: Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues. 23-25-4 4-601.11(C) FC Basic: (C) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. A. There was a soil residue buildup on the surface of the hand sink/faucet at the dining room drink station. B. There was an accumulation of food debris/soil residue on the paper towel dispenser. C. There was an accumulation of food debris/soil residue on the soap dispenser. D. There was a buildup of grease/dust/debris on the hood filters. 7. 24-10-4 4-903.11(A)FC Basic: (A) Except as specified in Paragraph (D) of this section, cleaned equipment and utensils, laundered tinens, and single-service and single-use articles shall be stored: (1) Ina clean, dry location; (2) Where they are not exposed to splash, dust, or other contamination; and (3) At least 6 inches above the floor. There were clean knives/utensils stored in crevices between the equipment at the cookline. 8. 25-06-4 4-903.11(B) FC Basic: (B) Clean equipment and utensils shall be stored as specified under Paragraph (A) of this section and shail be stored: (1) In a self-draining position that allows air drying; and (2) Covered or inverted. On 03/13/43, the take out trays were not stored inverted on the cookline. On 05/17/13, to-go tin foil containers and lids were not inverted on the cookline. 9. 29-18-4 5-205,15FC Basic: (A) Repaired according to law; and (B) Maintained in good repair. The drain cover was missing under the three-compartment sink. * 10.31A-13-4 5-205.11(B) FC Intermediate: (B) Using a Handwashing Facility. A handwashing sink may not be used for purposes other than handwashing. "The employee used the handwash sink as a dump sink at the dining room drink station. Case Number: 2013025855 File Number: 253555 District Number: 04 License Number. 4508514 2010 Form revised 01.01.13 | LOVE NY PIZZA SALAD INC 11. 38-07-4 6-202.11 FC Basic: (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 cannot 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. - The lights were missing the proper shield, sleeve coatings or covers. 12. 40-06-4 6-501.110 FC Basic: (A) Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment. (B) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions. On 03/13/13, an employee personal item (jacket) was stored in the food preparation area. On 05/17/13, an employee's cell phone was stored on a shelf with the food. * 13. 53A-02-4 509.039 FS and 61C-4.023(1) FAC Intermediate: 509.039 FS All managers employed by a food service establishment must have passed an approved test and received a certificate attesting thereto. Managers have a period of 30 days after employment to pass the required test. All public food service establishments must provide the division with proof of food service manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment. 61C-4.023(1)'FAC All food service managers who are responsible for the’ storage, preparation, display, or serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted in this chapter. Each licensed establishment shall have a minimum of one certified food protection manager responsible for all periods of operation. The operator shall designate in writing the certified food protection manager or managers for each location. . 53A-07-4 61C-4.023(1) FAC and 2-102.12(A) FC Intermediate: 61C-4.023(1) FAC All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted by the division. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. A current list of certified food protection managers shall be available upon request in each establishment. 2-102.12 (A) FC At least one employee that has supervisory and management respronsibility and the authority to direct and control food preparation and service shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. 53A-05-4 61C-4.023(1) FAC intermediate: (1) All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted by the division. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. Each licensed establishment shall have a minimum of one certified food protection manager responsible for all periods of operation. When four or mare employees, at one time, are engaged in the storage, preparation or serving of food in a licensed establishment, there shall be at least one certified food protection manager present at ail times when said activities are taking place. A. The manager was lacking proof of food manager certification and no other certified food service manager was employed at this location. ~ B. There was no certified food manager on duty with four or more employees engaged in food preparation/service. Case Number: 2013025855 File Number: 253555 District Number: 04 License Number: 4508514 2010 Form revised 01.01.13 1 LOVE NY PIZZA SALAD INC . * 44. 53B-13-4 509.049(5) FS Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees 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. Proof of training for each food service employee shail include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. No proof of required state approved employee training was available. Case Number: 2013025855 File Number: 253555 District Number: 04 License Number: 4508514 2010 Form revised 01.01.73 { LOVE NY PIZZA SALAD INC

Docket for Case No: 13-003333