YU nS, STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION JAN 2 DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. HEWITT SCHUMANN ENT. INC. License No. 74-05247-R GOOD TIME CHAL Case No. 4-99-962 Respondent. / ADMINISTRATIVE COMPLAINT PILED 8 PM 4: 23 The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against HEWITT SCHUMANN ENT. 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 Sec. 20.165 and Chapter 509, Florida Statutes. 2. Respondentis, 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 fast known business address is 1401 S. RIDGEWOOD AVE., EDGEWATER, FL 32132. 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 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 December 06, 1999 Division of Hotels & Restaurants Arrchatd be whe i Kendall Burkett, District Administrator Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 11/22/1999 It is alleged that on November 3, 1999 and November 12, 1999 the licensee was in viol 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative particulars: 1. 05-5 2. 08a-1 3. *12-12 4, 33-17 VU 4-302.12 FC 3-302.11(A)(1) FC Licens Case #:. 74-05247 R . » 04-99- 962 ation of Florida Statute ‘ode, in the following FOOD TEMPERATURE MEASURING DEVICES. FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. THERMOMETERS WERE MISSING cig THE R “WESTINGHOUSE” REFRIGERATO! “TRUE” REACH-IN. (A) FOOD shall be protected from cross co (1) Separating raw animal FOODs during st holding, and display from: animal FOOD such as FISH for sus 'TCHEN AND THE tamination by: rage, preparation, i or MOLLUSCAN (a) Raw READY-TO-EAT FOOD aor Me other raw SHELLFISH, or other raw READ vegetables, and -TO-EAT FOOD such as (b) Cooked READY-TO-EAT FOOD; RAW HAMBURGERS WERE STORED ABOVE CHEESE INSIDE THE “TRUE” REACH-IN. 61C-4.010(1)(d) FAC ...no bare hand contact of exposed ready-to- 5-502.11 FC eat food... ...food employees may contact ready-to-eat foods with their bare hands immediately prior to service if the opprator of the public food service establishment maintains a written op! OBSERVED FOOD WORKER HANDL BARE HANDS. NO WRITTEN ALT. AVAILABLE. Frequency. REFUSE, recyclables, and returnables shall] PREMISES at a frequency that will minimi objectionable odors and other conditions th: and rodents. rational procedure... RAW ONIONS WITH ATIVE PLAN WAS be removed from the e the development of attract or harbor insects GARBAGE CONTAINERS OUTSIDE THE BACK OF THE KITCHEN WERE OVERFLOWING. Exhibit A Page 1 of 2 , License #: 74-05247 R - Case #: 04-99- 962 . 5. 37-2 61C-1.004(6) FAC _ All building structural components, atachmenis and fixtures shall be kept in good repair, clean and free of obstructions. THERE WAS A PLASTIC COVER OVER THE HOLE IN THE CEILING ABOVE THE POOL TABLE IN THE BAR AREA. 6. 51-2 61C-1.004(9)(d) FAC Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety. ~ \ i i i THE CO2 TANKS BEHIND THE BAR WERE NOT SECURED. i | I | i | Exhibit A Page 2 of 2 YU ane) FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS EXPLANATION OF RIGHTS The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If yo regarding your response or best course of action, you may wish to seek compe! Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and disputed facts before an Administrative Law Judge, which is an ad the Department will be given an opportunity to present evidence an have questions ent legal counsel. upon you. Your rights ~ request a hearing on the inistrative trial. You and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and tes any proposed recommended orders submitted by the parties, the J Recommended Order to the Department containing Findings of Fac and Recommended Penalty, if any. The parties may submit except imony presented and dge will issue a , Conclusions of Law, ions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. included in a Final Order. If a dispute of material fact arises, the he ny penalty levied will be aring will be terminated and the case referred for administrative trial as described in paragraph 1 above. Settlement Officer as instructed in the cover letter accompanying th approval by the Department, the settlement will be incorporated int is packet. Upon final a Final Order resolving . You may seek to resolve this matter through a negotiated arin with the Department's the case. Participating in settlement discussions does not preserve your right to a hearing: Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. possible penalty at its discretion. An Election of Rights form is included with this Administrative Complai respond to the Administrative Complaint by electing one of the options on the and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exi appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. . You may waive hearing in this matter, and the Department will proceed with resolution and t packet. You must lection of Rights form sts, and schedule the Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Revised 11/22/1999

Docket for Case No: 00-000453