STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 200b SEP -1) AU fy DEPARTMENT OF BUSINESS AND DIVISION OF PROFESSIONAL REGULATION . ahutres Patitioner ADMINISTRATIVE D LET A DIRE . HEARINGS Vs. License No, 2705932 HOUSE OF LOVE ; License Type 2010 - 4 4 Respondent Case No. 2006037752 O lo - > O ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against HOUSE OF LOVE, (‘Respondent’), and says: ; : : 4. Petitioner is the state agency charged wlth 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 7667 KIPLING ST, PENSACOLA, FLORIDA 32514.The mailing address of record is HOUSE OF LOVE, at 5191 ZACKARY BLVD, PENSACOLA, FLORIDA 32526, ‘ : 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; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, 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 July 12, 2006 y Ken Hensdill, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants. Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation | 1940 North Monroe Street Tallahassee, Florida 32399-1007 ~ GERTIFIGATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74160 3901 9848 5781 1310 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2006037752 District Number, 06 License Number; 2705932 2010 Form revisad 03.08.08 HOUSE OF LOVE Exhibit A | License Number: 2705932 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006037752 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, “NFPA” as cited herein references specific provisions of the National Fire Protection Assoctation Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “*" denotes a critical violation. It is alleged that on February 28, 2006, March 29, 2006 and June 6, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. 1. 36-15-14 6-501.12(A) FC:: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. OBSERVED FOOD DEBRIS ACCUMULATED ON KITCHEN FLOOR UNDER STOOL AND REFRIGERATOR. * 2,45-13-1 NFPA 96, 11.4.12:: WHEN A VENT CLEANING SERVICE IS USED, A CERTIFICATE SHOWING DATE OF INSPECTION OR CLEANING SHALL BE MAINTAINED ON THE PREMISES. OBSERVED NO PROOF OF HOOD CLEANING PERFORMED BY CLEANING SERVICE. * 3,45-36-1 NPFA96, 11.2.1:: AN INSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. OBSERVED HOOD SUPPRESSION SYSTEM TAG OUT OF DATE, LAST INSPECTED 4105. * 4.45-41-1 NFPA 10, 6.3.1:: FREQUENCY, FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE AT INTERVALS OF NOT MORE THAN 1 YEAR, AT THE TIME OF HYDROSTATIC TEST, OR WHEN SPECIFICALLY INDICATED BY AN INSPECTION OR ELECTRONIC NOTIFICATION, OBSERVED FIRE EXTINGUISHERS TAG OUT OF DATE, DATED 10/04. * §,53A 609.039 FS FOOD MANAGEMENT CERTIFICATION VALID OBSERVED NO ONE WAS FOOD MANAGER CERTIFIED. MS FANNIE FINKLEY OWNER/MANAGER MORE THAN 90 DAYS. * 6.53B 609.049FS EMPLOYEE TRAINING VALIDATION OBSERVED NO PROOF OF EMPLOYEE TRAINING, EDNA MILLENDER 3 YEARS/COOK. Case Number; 2006037752 District Number. 06 License Number: 2705932 2010 Form revised 03.06.06 HOUSE OF LOVE STATE OF FLORIDA Page 1 og DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ea DIVISION OF HOTELS AND RESTAURANTS www. nytlorida.corn/dbpr FOOD SERVICE INSPECTION REPORT 2006 SEP) AT 1Yy LEGAL NOTICE Failure ta comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation ot youl) Hense 2/28/08 2:21:24 PM Inspection Date and Time FINKLEY FANNIE. Owner Name HOUSE OF LOVE Business Name Inspection Result Violations In ihe operation of your lish lug Routine 2705932 Inspection Reason License Number a H Ne ik Ral AIIVE WARNING: £ RES 8504754142 Area Code/Telephone Number Number of Units 7667 KIPLING ST 13 03/28/2006 08:00 AM 6/01/05 Callback Date/Time License Expiration PENSACOLA Fl. 32514 Address / Clty / State / Zip / etc, Item 03: Food Temperatures ttem 53a: Cart. Food Managers item 20: Warewashing Sanitization | ftem 45: Fire Extinguishers and Bee, kitchun, 38 Deprens F. Poullry, klichon, 38 Depreea F, Dalry products, klichen, 38 Qegrees F. Epgy, kitchan, 38 Dagroos F. Sanitizer Type: Chtosing found at concentratian | A Claas K type Fire Extinguisher, found Infat ‘kilehon has a certification dale at 4/05 NOTE: Items marked above with an asterisk (*) Indicate a violation Inspactors Comments Provided Web Site: www.myflorida.com/dbpr acknowledge recelpt of this Inspection form and comments, Flan 4 matey 2/28/08 Date Signature of Reciplent Inspector Signature Reciplent: Harrison Anderson For further information please contact: Tit . Rustell Crowley le Caregiver Sanitation and Sotety Specialist 7946 Front Beac Rosd Panumo Cily Phone: 504784142 pepe SOURCE STATUS PHF TEMPERATURE CONTROL ‘01a Approved source Yes *03b Hot food at proper temperature *Q1b Wholesome, sound candition *03c Foods properly cooked/reheated 02 Original container; properly labeled, date markin *03d Foods properly cooled PHF TEMPERATURE CONTROL *04 Facilltles to maintain product tamperature *03a Cold food at proper temperatures during storage, display, service, transport, and cold holding Yes Yes “05 Thermometers provided and conspicuously placed 06 Potentially hazardous foods properly thawed Violations marked with on asterisk are critical viotations. llams marked YES are in compliance. tems Marked NO are violations, Specific datalts of violation ara listed an subsequent pages. items marked N/A are Not Applicable. ltems Marked as N/O are Nol Observed, and were not being conducted at the time of inspection. DBPR Form HA 5022-015 FOOD SERVICE INSPECTION REPORT LEGAL NOTICE STATE OF FLORIDA Page 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS SEAT www. myflorida.com/dbpr License Number 2705942 _ Inspection Date 2/28/06 2:21:24 PM Failure to comply with this Notice may initiate an administrative complaint that may result In suspension or revocation of your license and fines. STATUS PHF TEMPERATURE CONTROL GARBAGE AND REFUSE DISPOSAL Yes 07 Unwrapped or potentially hazardous food not re-served Yes 33 Containers covered, adequate number, insect and rodent| Yes *OBa Food protection during storage, preparation, display, proat, emptied at proper Intervals, clean service, transportation 34 Outside storage area clean, enclosure properly Yes *08b Crass-contamination, equipment, personnel, storage constructed Yes *08c Potential for cross-contamination; storage practices; INSECT AND RODENT CONTROL. damaged food segregated "35a Presence of insects/rodents, Animals protilbited | yes *05 Foods handted with minimum contact -35b Outer openings protected from Insects, rodent proof Yes 10 In use food dispensing ulenslls properly stored FLOORS, WALLS, CEILINGS STATUS PERSONNEL, 36 Floors properly constructed, clean, drained, coved Yes 44 Personnel with Infections restricted 37 Walls, cellings, and attached equipment, constructed, Yas 12a Hands washed and clean, good hygienic practices lean i (observed), alternative operating plan 38 Lighting provided as required, Fixtures shielded Yes "12b Proper hygientc practices, eating/drinking/smoking 39 Rooms and equipment - vented as requirad (evidence) ° matntained, Instalted, located Yes te Non-tood contact surfaces designed, constructed, maintained, installed, located “16 Dishwashing facliittes designed, constructed, operated 1, Wash 2, Rinse 3, Sanitize 18 Pre-flushed, scraped, soaked OTHER AREAS 40 Employee lockers provided and used, clean Yes 13 Clean clothes, hair rastrainis STATUS FOOD EQUIPMENT AND UTENSILS Yes "41a Toxlc items properly stored Yes 14 Food contact surfaces designed, constructed, Yes *41b Toxic items labeled and used properi' “17 Thermometers, gauges, test kits provided STATUS 42 Premises maintained, free of liter, unnecessary arlicles, Cleaning and maintenance equipment property stored. Kitchen restricted to authorized personne! 43 Complete separation from living/sleeping area, laund "45 Fire extinguishers - proper and suffictant Yes 19 Wash, rinse water clean, proper temperature Yes "46 Exiting system - adequate, good repalr | "47 Electrical wiring - adequate, good repatr "48 Gas appliances - properly installed, maintained "49 Flammable/combustibla materials ~ properly stored GENERAL *50 Current license properly displayed 51 Other conditions sanitary and safe operation Yes *20a Sanitizing concentration Yes *20b Sanltizing temperature ves 21 Wiping cloths clean, usad properly, stored Yes 22 Food contact surfaces of equipment and utensils clean Yes 23 Non-food contac! surfaces clean Yes 24 Storage/handling of clean equipment, utensils STATUS SINGLE SERVICE ARTICLES Yes 25 Service items proparly stored, handled, dispensed §2 False/misleading statements published or advertised relating to fond/baverage Nes 26 Single service articles not re-used 53a Food management centification valid STATUS WATER AND SEWAGE/PLUMBING "53b Employee training validation Yes *27 Water source safe, hot and cold under pressure 54 Florida Clean Indoor Air Act Yes “28 Sewage and waste water disposed properly 55 Automatic Gratuily Notica Yes 29 Plumbing Installed and maintained 56 Copy of Chapler 509, Florida Statutes, available Yes *30 Cross-connection, back siphonage, backflow GENERAL STATUS TOILET. AND HANDWASHING FACILITIES 57 Hosplatity Education Program Information provided 7] Yes *31 Toilet and handwashing facilities, number, convenient, 58 Smoke Free designed, instatled Yes 32 Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with handswap, disposable towels or hand ‘drying devices, tlssue, covered waste receptacles Total Number of COS Violations: Q __ Total Number of Repeat Violations: 0 Violations marked with an asterisk are critica! violations. tems marked YES are in compliance, tems Marked NO are violations. Specific detalls of violation are listed on subsequent pages, flems marked N/A are Not Applicable. llems Marked as N/O ara Not Observed, and were not being conducted a! the time of inspection, OBPR Form HA 5022-015 STATE OF FLORIDA Page 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — License Number DIVISION OF HOTELS AND RESTAURANTS SEAT — 2705932 wow myflodda.comdbpr Inspection Date 228/06 2:21:24 PM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure 19 comply with this Notice may Initiate an administrative complaint that may result in suspension or ravocation of your license and fines, ‘Warning(s): 36-15-41 - Observed food debris accumulated on kitchen floor under stove and reitigerator, 48-41-1 - Portable fire extIngulsher tag out-of-date,2A10BC DTD 10/04, 45-36-1 - Hood suppression system tag out-of-date, last inspected 4/05. 45-13-1 - No proof of hood cleaning parlormad by cleaning service. 53A-01-1 » Manager lacking proof of Food Manager Ceniificalion. 538-01-1 - No professional hygiane and/or foodborne Itiness training provided, Harrison Anderson had worked hore for twa years, DBPR Form HRA 4022-015 STATE OF FLORIDA Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS . Www.myflorida.com/dbpr CALLBACK INSPECTION REPORT EXAIBIT BD LEGAL NOTICE 200b SEP = dr yolbuldined Li Fallure to comply with this Notice may Initiate an administrotive compialnt that may result In suspension or revocation of y mi y : and fines, . iSTON & , o 3/29/06 9:29:36 AM Warming sere ANIM EA EA Callback Inspection Date and Time Inepection Reason Uoense Number LIF A RIN Gs S FINKLEY FANNIE ame Eeended 950-475-4142 ‘ Owner Nama Area Code/Telephone Number HOUSE OF LOVE . Business Name Inspection Result 15 05/29/2006 08:00 AM 02/28/2006 Number of Unite Requested Callback Date/Time Initial Waming Date 7667 KIPLING ST PENSACOLA FL 32514 Address 7 City | State 7 dip / etc. Comments [The following item(s) have been recommended for Administrative Complaint: Miolation: 36-15-21 Observed food debris accumulated on kitchen floor under stove and refrigerator. Mlolation: 45-13-2 No proof of hood cleaning performed by cleaning service. Violation: 45-36-1 3/29/06 js : Date Signature af Recipient Inspector Signature Reclplent: Fannie Finktey For further information please contact: Tite Russefl Crowley Owner Sanitation and Safety Specialist 7946 Front Beac Road Phone: 85047541492 Panama City Beach, A 32407 DBPR Form HR 5022-005 850.487.1395 Page 2 STATE OF FLORIDA License Number , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEAZ705932 DIVISION OF HOTELS AND RESTAURANTS www. myflorda.com/dbpr Business Name CALLBACK INSPECTION REPORT HOUSE OF LOVE LEGAL NOTICE Inspection Date "3/29/06 9:29:36 AM Failure to comply with this Notice may Initiate an administrative complaint that may result ln suspension or revocation of your license and fines. lood suppression system tag out-of-data, last Inspected 4/05, jolation: 45-41-1 Portable fire extinguisher tag out-of-date, 2AL0BC DTD 10/04, . e following item(s) have been submitted for a Time Extension: jolation: 53A-01-1 anager lacking proof of Food Manager Certification. jolation: 53B-01-1 lo professional hyglene and/or foodborne illness tralning provided, Harrison Anderson had worked here for two years. DBPR Farm HA 5022-005 - Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT C) Lopeine (FOOD SERVICE INITIAL WARNING DATE | Month Day Year CSTATUS! 7 ay si, urn [XiHearing raquested jat complied Court of business WARNING OF DIRECT NOTICE: Failure to bein compliance with this notice at any future inspection may resultina direct Notice to Show Cause. __ REASON... - CWarning CP re-conference (Pre-hearing NOTICE TO _ SHOW CAUSE You will be issued a Notice to Show Cause why sanctions should not be assessed against your license. A hearing will be held at a time and place to be designated by the director. - 8 9 : Owner Name: Fa nate E CP) 4 Ly Business Name: /: try ug? © ia Zz Ov? ‘ } E Business City: P en Sy be Lo, _ COMMENTS. Additional Comments on Addendum Con Stipulation Clon Hearing Order Clother: CiTime extended date: Lod Business Address: Mars Foante Linki le Ey Ow ves LIT GO Pas 5 3b No Sroog o¢ Sto Puflloree Trotnng Edda Millender Crud live obo No-one Wy s Food 1a gee xe, “F 5 years ook, RECIPIENT'S NAME (PLEASE PRINT} ’ INSPECTOR'S NAME (PLEASE ZC 4 a ‘ispecrOr $ SHI, C4 A d fStiorsnMeNTT ECEPHONE OF THONG §50 |) 4 3~ (2. : OL igo OSPR Form HA 5022-005 Rovised 03 February 1998

Docket for Case No: 06-003292

Orders for Case No: 06-003292