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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs CLC FOOD, LLC, D/B/A ASIAN BUFFET AND GRILL, 16-004670 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004670 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: CLC FOOD, LLC, D/B/A ASIAN BUFFET AND GRILL
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Aug. 17, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 13, 2016.

Latest Update: Dec. 24, 2024
State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, as Case Number: 2016028416 CLC FOOD LLC License Sonia 1620527 d/b/a ASIAN BUFFET & GRILL, bi a ig 2010 Respondent. ile Number: 280214 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CLC FOOD LLC d/b/a ASIAN BUFFET & GRILL, (“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 materia! hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 240 S FEDERAL HWY, DEERFIELD BEACH, FLORIDA 33441.The mailing address of record is ASIAN BUFFET & GRILL, at 240 S FEDERAL HWY, DEERFIELD BEACH, FLORIDA 33441. 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 is 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 June 21, 2016 Stewart Stapiro, 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 Certified Article Number Tallahassee, Florida 32399-2202 quiy 72bb 3904 2040 S000 88 Certificate of Service Ratplasiusiaeelsi) 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 , 2016. Received by: Inspector's Signature Operator's Signature a Title Title Case Number: 2016028416 File Number: 280214 District Number: 02 License Number: 1620527 2010 Form revised 04.01 16 ASIAN BUFFET & GRILL Exhibit A License Number: 1620527 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016028416 It is alleged that on May 31, 2016, June 01, 2016 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. ** 4.03B-01-4 3-501.16 (A)(1) FC: (A) High Priority: 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 under Paragraph (B) and in Paragraph (C ) of this section, potentially hazardous food (time/temperature control for safety 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; From inspection on 2016-05-31: High Priority - Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Chicken on a stick 97-113° F, fries 103° F, onion rings 118° F, pizza 109° F, honey chicken 95° F-113° F, pork rib 108-109° F, omelet 101°-127° F, general Tsao chicken 101-127° F and string beans 108° F (41°F) all at buffet table. All foods sent back to be reheated to 165° F and then placed back on the steam tables. From follow-up inspection on 2016-06- 01: Chicken on a stick 99° F, sweet and sour chicken 113° F, pork rib 117° F, fish 102° F, tilapia 98° F, spring roll 120° F , clams 112° F , omelette 118° and roast pork 92° F all in buffet. All sent to be reheated to 165° F. Corrective Action taken. 2.06-05-4 3-501.13FC: 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 to running water and time needed for preparation for cooking, or (b) The time it takes under refrigeration to lower the food temperature to 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. From inspection on 2016-05-31: Basic - Potentially hazardous (time/temperature control for safety) food thawed in standing water. Shrimp thawing in standing water at cookline. From follow-up inspection on 2016-06-01: Shrimp thawing in standing water at 3 compartment sink. Running Water turned on. Corrected on site. Case Number: 2016028416 File Number: 280214 District Number: 02 License Number: 1620527 2010 Form revised 04.01.16 ASIAN BUFFET & GRILL

Docket for Case No: 16-004670
Issue Date Proceedings
Oct. 17, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
Oct. 13, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Oct. 13, 2016 Joint Motion to Relinquish Jurisdiction filed.
Oct. 04, 2016 Notice of Transfer.
Oct. 03, 2016 Letter to Judge Creasy from Charles Dewrell enclosing Petitioner's Proposed Exhibits 1-6 filed (exhibits not available for viewing).
Oct. 03, 2016 Transmittal Letter filed.
Oct. 03, 2016 Petitioner's Exhibit List filed.
Oct. 03, 2016 Petitioner's Witness List filed.
Sep. 29, 2016 Pre Hearing Stipulation filed.
Aug. 26, 2016 Notice of Hearing by Video Teleconference (hearing set for October 17, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
Aug. 26, 2016 Order of Pre-hearing Instructions.
Aug. 22, 2016 Joint Response to Initial Order filed.
Aug. 18, 2016 Initial Order.
Aug. 17, 2016 Election of Rights filed.
Aug. 17, 2016 Administrative Complaint filed.
Aug. 17, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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