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5 it would be since the BOH had already taken action on that particular set of violations and concerns. Mr. Doherty began to recite the violations noted in the reports, "dirty wiping clothes, uncovered food, fish, big dish of chicken parts uncovered at 52 degrees and a pan in the mop sink only be used as a strainer." Mr. Harrington stated that the wiping clothes that they saw did not have any type of sanitizing solution of them. They were dry clothes. They weren't wet. Therefore, you could tell that there was no sanitizer being used. Mr. Doherty asked Mr. Ball if he had any questions. Mr. Ball stated that he did not have any questions at that point in time. He then stated that he might have one on the 5/2/01-inspection report. He asked if that was when the BOH required the Chens to take the ServSafe class. Mr. Doherty said that it was probably after the July inspection report findings. Ms. Warden stated that it was after her inspection. It was December 29th, of 2000. She then orally reviewed the inspection report, "Food and baths on the floor and uncovered. All foods in the coolers uncovered. No gloves worn for food preparation. Eggs at room temperature. No sterilization of cutting boards. Sanitizer not used properly in a three bay sink." Mr. Doherty stated that they placed the situation on the table. He then asked if the BOH members were all set. He wanted to give the restaurant owners a chance to reply. The representative on each of these inspections was Christy Chen. Mr. Doherty asked if she was present this evening. He asked if she would like to address any of these issues. Mr. Chen then stated that she brought their attorney to represent them in this matter. Mr. Doherty asked the attorney for his full name. The attorney responded that he was Dan Neelon. He is a neighbor of the Chens. He had spent quite a bit of time this past weekend meeting with them going over this report and the past reports. The primary thing they would like the Board to know that they had extenuating circumstances. They went from an August report of no violations to this current list. In fact there were three major things that occurred during this time frame. The first one was that Mr. Chen, who is the owner, spent three weeks in the hospital, through most of August. He was coughing up blood and was severely ill. He had a bad back injury that he still has. He after that time from September to the present spent a lot of time away from the business because of his physical condition. He is quite ill and was not on top of the business. The way he had been at the time when there weren't any violations. Secondly, a new chef came in October. This chef that they are talking about was new in October. He has since been fired this weekend in the wake of all this stuff that has happened. Thirdly, Cindy who is the member of the family who speaks English the best and obtained her citizenship last week. She normally would have been a lot more involved and is one of the folks who obtained the certificate for food handling.