Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: KBQ, INC., D/B/A ORIENT CHEF
Judges: CATHY M. SELLERS
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: May 20, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 14, 2015.
Latest Update: Oct. 05, 2024
State of Florida
Department of Business and Professional Regulation
Division of Hotels and Restaurants.
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner, :
VS... ; . Case Number: _ 2015008401
: : License:Number: 1621918
KBQ INC j .
dibfa ORIENT CHEF, cer se Yee ats
Respondent. . mber-
/
: Administrative Complaint
The DEPARTMENT. OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against KBQ.INC d/b/a ORIENT CHEF,
(“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 16999 SW 16 ST,
PEMBROKE PINES, FLORIDA 33027.The mailing address of record is KBQ INC d/b/a ORIENT CHEF at
16999 SW 16 ST, PEMBROKE PINES, FLORIDA 33027.
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 2, 2015
- Stewart Shapirs, District Manager
By delegation of the Director, or designee
Division of Hotels & Restaurants Fee,
: 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 :
Taliahassee, Florida 32399-2202
‘Cértified Article
444 bb Corry BOLE 4673 73
Certificate of Service ee SENDERS RECORD Poe
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ee .
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me.on this. day of a , 2015: : :
Received by:
Inspector's Signature Operator's Signature...
Title Title
District Number: 02
Case Number: 2015008401 File Number: 212115
7 Form revised 01.04.13
License Number: 1621918 2040
ORIENT CHEF 7
Exhibit A
License Number: 1621918
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2015008401
It is alleged that on November 21, 2014, January 23, 2015 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 high priority violation.
* denotes an intermediate priority violation.
1. 06-04-4 3501.13 FC: Basic; Potentially hazardous (time/temperature control for safety) food shall be
thawed: (A) Under refrigeration maintaining food temperature at 41 degrees Fahrenheit or less; or (B)
Completely submerged under running water: (1) At a water temperature of 70 degrees Fahrenheit or less (2)
With sufficient water velocity to agitate and float off loose particles in an overflow and.(3) For a period of time
that does not allow thawed portions of ready-to-eat food to rise above 41 degrees Fahrenheit, or (4) For a period
of time that does not allow thawed portions of a raw animal food to be above 41 degrees Fahrenheit for more
than 4 hours including: (a) the time the food is exposed fo running water and time needed for preparation for
cooking, or (b) The time it takes under refrigeration to lower the food temperature io 41 degrees Fahrenheit; (C)
As part of a cooking process if the food that is frozen is: Cooked or Thawed in a microwave and immediately
transferred to conventional cooking equipment, with no interruption in the process; or (D) Using any procedure if
a portion of ready-to-eat food is-thawed and prepared for immediate service in response to an individual
consumer's order.
Observed: Potentially hazardous (time/temperature control for safety) food thawed at room temperature.
Observed raw tuna and salmon being thawed at room temperature on the floor in a container under a
hand sink. On 1/23/15. Observed whole fish thawing at room temperature at 3 compartment sink with non
food grade tools. .
* 99 42A-03-4 2-301.15 FC "Intermediate: Food employees shall clean their hands in a handwashing sink
or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or
warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar
’ fiquid waste. ; :
Observed: Employee washed hands in a sink other than an approved handwash sink. Observed a
kitchen empioyee wash hands in the 3 compartment sink. On 1/23/15 Observed prep cook washing hand
in 3 compartment sink. : : : :
2b. 12A-20-4 2-301.12(B)(2) FG High Priority: (B) Food employees shall use the following cleaning
procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate
prosthetic devices for hands and arms: 2) Apply an amount of cleaning compound recommended by the
cleaning compound manufacturer; :
Observed: Employee washed hands with-no soap. Kitchen employee. On 1/23/15 Observed. prep cook
wash hand in 3 compartment sink with no soap.
3. 21-10-4 3-304.14(B) FC: (B). Basic: Cloths in-use for wiping counters and other equipment surfaces shall
be: (1) Held between uses in a chemical sanitizer solution at a concentration specified under Section 4-501.114;
and (2) Laundered daily as specified under Paragraph 4-802,41(D).
Districi Number; 02
Case Number: 2015008401 File Number: 212115 -
. . Form revised 01.01.13 -
License Number. 1621918 2010
ORIENT CHEF
Observed: In-use wet wiping cloth/towel used under cutting board. Observed wet wiping cloths under 2
cutting boards in the kitchen. On 1/23/15 Observed violation not complied due to wet wiping cloth used
under the cutting board
4,22-19-4 4-602.12 FC’ Basic: (A) The food-contact surfaces of cooking and baking equipment shall be _
cleaned at least every 24 hours. This section does not apply to hot oil Cooking and filtering equipment ¥ it is
cleaned as specified in Subparagraph 4-602. 11(D)(6). (B) The cavities and door seals of microwave ovens shall
be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure. _
Observed: Interior of microwave soiled with encrusted food debris on the cook's line. On 1/23/15
Observed microwave soiled with encrusted food debris.
* §.31A-03-4 5-205.11(A)FC Intermediate: (A) A handwashing sink shall be maintained so that it is
accessible at all times for employee use. -
Observed: Handwash sink not accessible for employee use due to items Stored in the sink. Observed a
plastic container with water in it stored in the hand sink behind the front counter. On 1/23/15 Observed
plastic container with sponge in it stored in the hand sink behind the front counter.
*°@. 53A-05-5 61C-4,023(1) FAC Intermediate: Each licensed establishment shall have a minimum of one
certified food protection manager responsible for all periods of operation. When four or more 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 all times when said activities are taking place.
Observed: No curréntly certified food service manager on duty with four or more employees engaged in
food preparation/handling. A list of accredited food manager certification examination providers can be
found at hitp:/Awww.myfloridalicénse.com/dbpr/hr/food-lodging/managercertification.html. Upon arrival
at 12:55, observed 4 people working in the kitchen with no Certified Food Manager present. Food
manager arrived at 13:29. On 1/23/15 Observed No currently certified food service manager on duty with
5 employees working.
2115 sO District Number: 62
Case Number: 2015008401 File Number: 21
Form revised'01.01.13
License Number: 1621918 2010
ORIENT CHEF
Docket for Case No: 15-002810
Issue Date |
Proceedings |
Aug. 28, 2015 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
|
Aug. 14, 2015 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Aug. 14, 2015 |
(Petitioner's) Notice of Voluntary Dismissal filed.
|
Jul. 30, 2015 |
CASE STATUS: Hearing Held. |
Jul. 21, 2015 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Jul. 17, 2015 |
Petitioner's (Proposed) Exhibit List filed.
|
Jul. 17, 2015 |
Petitioner's Witness List filed.
|
Jul. 17, 2015 |
Transmittal Letter regarding Petitioner's exhibits filed.
|
May 27, 2015 |
Order of Pre-hearing Instructions.
|
May 27, 2015 |
Notice of Hearing by Video Teleconference (hearing set for July 30, 2015; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
|
May 26, 2015 |
Response to Initial Order filed.
|
May 21, 2015 |
Initial Order.
|
May 20, 2015 |
Order Relinquishing Jurisdiction and Closing File filed.
|
May 20, 2015 |
Election of Rights filed.
|
May 20, 2015 |
Administrative Complaint filed.
|
May 20, 2015 |
Agency referral filed.
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