STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. CHANGIE'S CRABS AND RIBS License No. 2200543 Respondent. License Type 2010 / Case No. 2004000422 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CHANGIE'S CRABS AND RIBS, (‘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 business address of record is 1908 EAST DUVAL STREET, LAKE CITY, FL 32055.The mailing address of record is ANGELIA CALHOUN, 1908 EAST DUVAL STREET, LAKE CITY, FL 32055. 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 January 06, 2004 Steven von (1a District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:__7002 2410 0006 6152 2075 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of ,200__. Received by: Inspector's Signature Operator’s Signature Title Title Case No: 2004000422 Revised 1/1/2004 License No: 2200543 Business Name: CHANGIE'S CRABS AND RIBS License Type: 2010 District No: § License No: 2200543 License Type: 2010 Case No: 2004000422 Exhibit A “EC” as cited herein references specific provisions of the 1999 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 Association 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. It is alleged that on October 24, 2003 and November 7, 2003 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. 05-05 4-302.12 FC 2.*08A-01 3-302.11(A)(1) FC 3. 14-11 4-101.11 FC * denotes critical violation 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. OBSERVED NO VISIBLE THERMOMETER IN THE CHEST FREEZER. (A) FOOD shall be protected from cross contamination by: (1) Separating raw animal FOODs during storage, preparation, holding, and display from: (a) Raw READY-TO-EAT FOOD including other raw animal FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or other raw READY-TO- EAT FOOD such as vegetables, and (b) Cooked READY-TO-EAT FOOD; OBSERVED RAW CHICKEN WINGS STORED ABOVE COOKED CRABS. ON THE CALLBACK INSPECTION RAW CHICKEN IS STORED ABOVE CABBAGE. Characteristics. Materials that are used in the construction of UTENSILS and FOOD- CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be: (A) Safe; (B) Durable, CORROSION-RESISTANT, and nonabsorbent; (C) Sufficient in weight and thickness to withstand repeated WAREWASHING; (D) Finished to have a SMOOTH, EASILY CLEANABLE surface; and (E) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. OBSERVED A NON-FOOD GRADE CONTAINER BEING USED TO STORE COLE SLAW. Exhibit A Page 1 of 2 License No: 2200543 License Type: 2010 Case No: 2004000422 4, 15-02 4-201.11 FC 5. 16-04 4-301.12 (A) FC 6. 34-01 5-501.11 FC 7, *45-35 NFPA 25, 1-8 EQUIPMENT and UTENSILS shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. OBSERVED CHEST FREEZER DOOR IS IN POOR REPAIR. (A) Except as specified in Paragraph (C) of this section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and SANITIZING EQUIPMENT and UTENSILS. OBSERVED DISH WASH SINK IS SET UP WITH JUST SOAPY WATER. SANITIZER SINK IS NOT SET UP. 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 AND GREASE BARREL ON A ROCK SURFACE. MUST BE ON A SMOOTH AND EASILY CEANABLE SURFACE. AT THE CALLBACK INSPECTION THE DUMPSTER WAS HALF ON AND HALF OFF OF THE SURFACE. Records. Records of inspections, tests and maintenance of the system and its components shall be made available to the authority having jurisdiction upon request. Typical records include, but are not limited to, valve inspections; flow, drain, and pump tests; and trip tests of dry pipe, deluge, and preaction valves. OBSERVED RANGE HOOD SYSTEM REPORT NOT AVAILABLE AT THE TIME OF INSPECTION. 8. *47-01 61C-1.004(11) FAC Electrical wiring -- To prevent fire or injury, defective * denotes critical violation electrical wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used except during cleaning, maintenance and other temporary activities. Only a wall switch or approved pull cord shall be permitted in bathrooms. In accordance with the provisions of NFPA 70, the National Electrical Code, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC, Uniform Fire Safety Rules and Standards, sufficient electrical outlets shall be provided. OBSERVED EXTENSION CORD IN USE SUPPLYING POWER TO THE TELEVISION. Exhibit A Page 2 of 2

Docket for Case No: 04-001901