w Nw] THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU@ATIOIN3O PM |: 19 DIVISION OF HOTELS AND RESTAURANTS JIVISIGH Ye State of Florida, Department of Business ADMINISTRATIVE and Professional Regulation, Division of ® 1 ("I HEARINGS Hotels and Restaurants, Petitioner vs. CASE NUMBER: 7-99-154 ALDAY'S BBQ EXPRESS, INC., _ Respondent. ADMINISTRATIVE COMPLAINT BY THIS ADMINISTRATIVE COMPLAINT, NOTICE IS GIVEN TO YOU TO SHOW CAUSE WHY AN ADMINISTRATIVE FINE, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, SHOULD NOT BE ASSESSED AGAINST YOU BY THE DIVISION OF HOTELS AND RESTAURANTS : LICENSE NUMBER: 68-04253-R YOU: ALDAY'S BBQ EXPRESS, INC. DOING BUSINESS AS: ALDAY'S EXPRESS LOCATED: 2245 RINGLING BOULEVARD SARASOTA The Director of the Division of Hotels and Restaurants, Department of Business and Professional Regulation, State of Florida, has been presented evidence which, if true, is good and sufficient cause for her to assess an administrative fine against you and to deny a Division of Hotels and Restaurants license pursuant to Chapter 509, Florida Statutes, for the current license year, or any renewal thereof, over which the Division of Hotels and Restaurants has jurisdiction, for operating without a license as more fully set forth in the attached violation page, Exhibit A. RIGHT TO A HEARING This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges. To request a hearing, you must file a written request (postmarked or received by the Division) within 21 days of the date you receive this Administrative Complaint. The request must be sent to Cynthia Walker, Regional Settlement Officer, 1313 Tampa Street, Suite 106, Tampa, Florida, 33602-3326; Telephone: (813) 272-3086. If you request a hearing, the Division of Hotels and Restaurants will determine whether the hearing will be a formal hearing (trial type proceeding) or an informal hearing (conference type proceeding). If the Division of Hotels and Restaurants determines that there are disputed issues of material fact, the case will be forwarded to the Division of Administrative Hearings. If the Division of Hotels and Restaurants determines that there are no disputed issues of material fact, the Division of Hotels and Restaurants will schedule an informal hearing. In either case, you will be notified of the date, time and YW Y place of the hearing. In a formal hearing, you have the right to appear in person on your own behalf, to be represented by your attomey, to bring witnesses and present evidence, to cross-examine any witnesses produced against you by the State, and to have subpoena duces tecum issued on your behalf. In an informal hearing, you have the right to appear in person on your own behalf, to be represented by your attorney, and to submit whatever information you desire to mitigate the violations with which you have been charged in this Administrative Complaint. You may attend an informal hearing by telephone. It is your responsibility to ensure that the division hearing officer has your telephone number if you elect to attend telephonically. This should be done by noting the number at which you can be reached for the hearing on the hearing request form. If your written request for a hearing is not received or postmarked within 21 days of the day you receive (or were served) this Administrative Complaint, a Default Final Order will be entered against you based on the record in your case. This Default Final Order could deny you the issuance of a license and assess an administrative fine of $1000 for each violation charged and for each day that such violation occurred. Practice in either of the above proceedings is governed by chapter 120, Florida Statutes, and the Uniform Rules of Practice and Procedure, 28-101 et sequitur, Florida Administrative Code. DATED THIS 12TH DAY OF APRIL 1999. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS BY: | ae Fee Gary Tillman District Administrator CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been [sent by U.S. mail, certified][personally delivered] to ALDAY'S BBQ EXPRESS, INC., at 2245 RINGLING BOULEVARD, SARASOTA, FLORIDA, [or posted ina conspicuous place at the establishment] , this ast day of ; LZ. Copies furnished: Enforcement Administrator Chief Assistant General Counsel exnBITA 00 JUN 30 PM I: 1G CASE NO: 7-99-154 DIVISION t LICENSE NO: 68-04253-R ADMINIS TRArivg It is alleged that on 7, the licensee was in violation of Florida Statute 509(FS), and/or 1997 Food Code(FC), and/or Florida Administrative Code(FAC), and/or National Fire Protection Association(NFPA) Life Safety Code, in the following particulars: 509.241(1) FS LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and public food service establishment shall obtain a license from the division . . Licenses shall be renewed annually, . . . 61C-1.002(6) FAC It is the responsibility of the licensee to renew the license prior to the expiration date. 61C-1.002(6) FAC __ ...Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. VIOLATION: Operating without a license.

Docket for Case No: 00-002689