STATE OF FLORIDA De DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “7, “ DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. JEROME BROWN License No. 26-12299-R JEROME BROWN BBQ Case No. 5-00-72 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: JEROME BROWN, (“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.’ 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 last known business address is 1551 EDGEWOOD AVENUE, JACKSONVILLE, FL 32208. 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 May 09, 2000 be kK * Prezscee. Reggie Preaster, District Administrator , Division of Hotels & Restaurants : : 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 License #: 26-12299-R.., Case # 05-002 = It is alleged that on April 19 and May 1, 2000 the licensee was in violation of Florida Statt : andi, the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the f wi ? particulars: “eg 1. 34-1 5-501.11 FC Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be SMOOTH, durable, and sloped to drain. OBSERVED DUMPSTER NOT STORED ON A NON- ABSORBENT SURFACE. 2. *50-1 509.241(1) FS LICENSES; ANNUAL RENEWALS.--Each . . . public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another. It shall be a misdemeanor of the second degree, - punishable as provided in s. 775.082 or s. 775.083, for such an establishment to operate without a license. . . . 509.241(2)FS © APPLICATION FOR LICENSE.--Each person who plans to open . .. a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation... . 61C-1.002(6) FAC Renewal - It is the responsibility of the licensee to renew the license prior to the expiration date. Any public ... 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. .. OBSERVED NO LICENSE POSTED ANYWHERE IN THIS ESTABLISHMENT. : 3. *53a-1 509.039 FS ... All managers employed by a food service establishment must have passed [the food service manager] test and received a & certificate attesting thereto. Managers have.a period of 90 days after employment to pass the required test... Exhibit A Page 1 of 2 License #: 26-12299-R Case #: 05-00-72 61C-4.023(1) FAC All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a written certification test approved by the division demonstrating a basic knowledge of food protection practices regulated and administered by the division or an agency of state government outside Florida which has been approved by the division. Those managers who successfully pass the certification examination shall be issued a certificate which is valid for a period of five years from the date of issuance. All establishments shall designate in writing the food service manager or managers for each location. Establishments that have four or more employees at one time engaged in the storage, preparation or serving of food shall have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or - managers need not be present at all times. . . . OBSERVED NO PROOF OF VALID MANAGER’S CERTIFICATION CARD FOR ANY EMPLOYEE WORKING AT THIS ESTABLISHMENT. Exhibit A Page 2 of 2 % FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL ecaoy 4 Ee) DIVISION OF HOTELS AND RESTAURANTS 3 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 you have questions regarding your response or best course of action, you may wish to seek competent legal counsel. 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 s matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights. under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence 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 testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penalty, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. 2. 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. Any penaity levied will be included in a Final Order. Ifa dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Upon final _ approval by the Department, the settlement will be incorporated into a Final Order resolving 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. 4. You may waive hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion. An Election of Rights form is included with this Administrative Complaint packet. You must - respond to the Administrative. Complaint by electing one of the options on the Election of Rights form 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 exists, and schedule the 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. Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Revised 3/29/2000 SENDER: COMPLETE THIS SECTION : m@ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. m Print your name and address on the reverse . so that we can return the card to you. . ™ Attach this card to the back of the mailpiece, or on the front if space permits. S-tl-00 fL— CO) Agent c C1 Addresse D. 1s delivery address different from item 1? O Yes If YES, enter delivery address below: DONo 1. Article Addressed to: Jerome Brown Jerome Brown BBQ . 20001 Hendrix Avenue - Jacksonville, FL 32207 3. Service Type EXCertified Mail 1 Express Mail egistered CD Return Receipt for Merchandis. G Insured Mail 1 C.0.0. 4, Restricted Delivery? (Extra Fee) O Yes | 2. Article Number (Copy from service label) : #PS Form 3817, July 1999 Domestic Return Receipt 402595-99-M-178¢ fe

Docket for Case No: 00-004602