STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: », DIVISION OF HOTELS AND RESTAURANTS ve ~8 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. PITTSBURGH PETE'S License No. 6215373 Respondent. License Type 2010 Permanent Food Service / Case No. 2004043070 2) 5 are Tk ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against PITTSBURGH PETE'S, (“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 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 10801 STARKEY RD, LARGO, FLORIDA 33773.The mailing address of record is PITTSBURGH PETE'S, at 10801 STARKEY RD, LARGO, FLORIDA 33773. 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 operatior 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 August 25, 2004 p [ere Om Os . “Joe Perez, 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 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160-3901-9848-3954-3178 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this __ day of. , 2004. Received by: _ Operator's Signature inspector's Signature Title Title Form revised 7/27/04 District Number: 03 PITTSBURGH PETE'S Case Number: 2004043070 License Type: 2010 Permanent Food Service License Number: 8215373 License Number: 6215373 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004043070 Exhibit A “FC” 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 July 21, 2004 and August 23, 2004, 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. “ 1.53A-01 509.039 FS & 61C-4.023(1) FAC 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. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. NO MANAGER CERTIFED AT THIS LOCATION. * 2.53B-01 509.049FS FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE ST ORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. . NO PROOF OF REQUIRED EMPLOYEE TRAINING. * denotes critical violation Exhibit A Case Number: 2004043070 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6215373 REQUEST FOR ADMINISTRATIVE COMPLAINT mn, BUSINESS: _, , hi Hs L BWW a Ve {hs OWNER: , a Hs \ eeact Petes P Ub INc, LICENSE TYPE: esting. b=) ws INSP AREANO: 6S OWNERSHIP VERIFIED : Ren INSPECTION DATA ENTRY | BY: CASE HISTORY FOR THIS LICENSEE OFFENDER STATUS*: ». _| RESEARCHED BYAS= S\N DATE: RYAN CASE NO: STATUS: | CLERKED DATE: n j CASE NO: STATUS: [ CLERKED DATE: ni i CASE NO: STATUS: ! CLERKED DATE: i i CASE NO: STATUS: CLERKED DATE: i / APPROVAL SUPERVISOR BY: DATE: j / MRS BY: if W? 55. DATE: / i] DISTRICT MANAGER | BY: DATE: i l INSPECTION CHRONOLOGY TYPE T DATE RESULTS Rooks we 7! ai lo Gy SIALB C9 €. C Back RI 2 I og lo sae 6 _ it 1 1 j 1 | ~ DEBIT ITEM VIOLATION (EE PDA fog p bs _ |__| —__ *THIS CASE PLUS NO. OF ACs WITH VIOLATIONS OTHER THAN LICENSE PAYMENT CLERKED WITHIN 2 YRS Raniect far AC Pane 1 of Ravicad NA/IAINR Page 1 of 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. 8/23/04 11:54:53 AM Warning SEA6215373 SEAT Callback Inspection Date and Time Inspection Reason License Number PITTSBURGH PETE'S PUB INC Owner Name PITTSBURG PETES ADMINISTRATIVE COMPLAINT recommended. Area Code/Telephone Number Business Name 46 Inspection Result 07/21/2004 Number of Units 10801 STARKEY RID Requested Callback Date/Time Initial Warning Date LARGO FL 33773 Address / City / State / Zip / etc. Comments rhe following item(s) have been recommended for Administrative Compla:nt: 1 iolation: 53A-01 a jotation: 53B-01 Be served proof of required employee training. Hrts-viotatiommust be corrected-by—B2S10d-—— w ~~ |The following item(s) a’e in compliance: labsemedft}nager lacking proof of Food Manager Certification. Fhis-vielation musthe comected by ; BeS/Gda Ne UNA Mae cette Ar AW} Vs oto x DPS wke ae 08/23/04 12:04 PM A Ce Date Signature of Recipient Recipient: herbert newman Title owner Phone: 727 397 4800 DBPR FORM HR 5022-72? Inspector Signature For further information please contact: Jim Olsen Sanitation and Safety Specialist Grace St, Suite 520 Tampa Florida 850.487.1395 3725 W. STATE OF FLORIDA LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. Page 1 of 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS CALLBACK INSPECTION REPORT 8/23/04 11:54:53 AM Warning SEA6215373 SEAT Callback Inspection Date and Time inspection Reason License Number PITTSBURGH PETE'S PUB INC ADMINISTRATIVE COMPLAINT Owner Name recommended. Area Code/Telephone Number PITTSBURG PETES Business Name Inspection Resuit 46 07/21/2004 Number of Units Requested Caliback Date/Time Initiat Warning Date 10801 STARKEY RD LARGO FL 33773 Address / City / State / Zip / etc. Comments The following item(s) have been recommended for Administrative Complaint: iolation: 53A-01 Dbserved manager lacking proof of Food Manager Certification. This violation must be corrected by : 8/23/04. iolation: 53B-01 Dbserved no proof of required employee training. This violation must be corrected by : 8/23/04. [The fotlowing item(s) are in compliance: DS eta o——~ A Ce 08/23/04 12:04 PM Date Signature of Recipient Inspector Signature Recipient: herbert newman For further information please contact: Title Jim Olsen owner Sanitation and Safety Specialist 3725 W. Phone: 727 397 4900 Grace St, Suite 520 Tampa Florida DBPR FORM HR 5022-277 850.487.1395 Page 2 of 5 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA6215373 DIVISION OF HOTELS AND RESTAURANTS Business Name PITTSBURG PETES Inspection Date 8/23/04 11:54:53 AM CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your ficense and fines. (rotation: 034-03 Pobserved potentially hazardous food cold held at greater than 41 F.cold cuts in deli style cooler 45/48 iolation: 12B-01 bpserved employee in a restricted area drinking from an open beverage container. iolation: 22-06 Observed buildup of slime-like substance in the interior of ice machine. iolation: 23-02 Observed residue build-up on nonfood-contact surface.on inside of conveyer type toaster iolation: 37-02 Dbserved ceiling soiled with accumulated dust.near prep area iolation: 45-30 Observed lack ot inspection report from licensed equipment dealer on premise.hood surpression system report iotation: 56-01 Pbserved copy of Florida Statute 509 not available in the establishment. DBPR FORM HR 5022 Page 1 of 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. 7/21/04 11:33:34 AM Routine 6215373 SEAT Inspection Date and Time Inspection Reason License Number PITTSBURGH PETE'S PUB INC Owner Name PITTSBURG PETE'S WARNING: Violations in the operation of your tablish t must be corre by: Area Code/Telephone Number Business Name Inspection Result 46 08/23/2004 08:00 AM 2/1/05 Number of Units Caliback Date/Time License Expiration 10801 STARKEY RD LARGO FL 33773 Address / City / State / Zip / ete. ~ Item 03; Food Temperatures item 53a: Cert. Food Managers Item 20: Warewashing Sanitization | Item 45: Fire Extinguishers and NOTE: Items marked above with an asterisk (*) indicate a violation Fire Suppression Systems Nates___| Beef, raw, reach ir cooler, 40 Degrees F. Sanitizer Type: Chlorine found at concentration r Hoos Suppression type Fire Extinguisher, Ribs, reach in cooler, 42 Degrees F. of 50 s/s PPM. found irvat kitchen has a certification date of 4/04 Sanitizer Type: Chlorine found at concentration | 4 Class ABC type Fire Extirquisher, found in/at of 50 3 compartment sink bar area PPM. kitchen has a certification date of 4/04 Inspector's Comments Provided Web Site: www. hospitalityeducation.org acknowledge receipt of this inspection form and comments. BOF Beare OA 07/21/04 12:07 PM Date/Time Signature of Recipient . inspector Signature . Recipient: herbert newman For further information please contact: , Jim Oisen Title owner Senitation and Safety Specialist 3725 W. (Grace St, Suite 520 Phone: 727 397 4900 50 087 1308 STATUS SOURCE STATUS PHF TEMPERATURE CONTROL 71 Yes *O1a Approved source *03b Hot food at proper temperature Yes *01b Wholesome, sound condition “03c Foods properly cooked/reheated Yes 02 Original container; properly labeled, date marking _ *03d Foods properly cooled STATUS PHF TEMPERATURE CONTROL *04 Facilities to maintain product temperature No “03a Cold food at proper temperatures during storage, 05 Thermometers provided and conspicuously placed display, service, transport, and cold holding 06 Potentially hazardous foods properly thawed Violations marked with an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations, Specific details of violation are listed ori subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted DBPR FORM HR 5022-014 STATE OF FLORIDA LEGAL NOTICE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REPORT Page 2 of 8 License Number SEAT 6215373 Inspection Date 7/21/04 11:33:34 AM 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. STATUS | GARBAGE AND REFUSE DISPOSAL Yes "07 Unwrapped or potentially hazardous food not re-served |Yes 33 Containers covered, adequate number, insect and rodent Yes "0&4 Food protection during storage, preparation, display, proof, emptied at proper intervals, clean service, transportation Yes 34 Outside storage area clean, enclosure p-operly Yes 08b Cross-contamination, equipment, personnel, storage constructed Yes 08c Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL darnaged food segregated i'35a Presence of insects/rodents. Animals prohibited Yes (09 Foods handled with minimum contact "35b Outer openings protected from insects, rodent proof Yes 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS | STATUS PERSONNEL 36 Floors properly constructed, clean, drained, coved Yes 14 Personnel with infections restricted '37 Walls, ceilings, and attached equipment, constructed, Yes *12a Hands washed and clean, good hygienic practices clean i(observed), alternative operating pian 38 Lighting provided as required. Fixtures shielded No |"122 Proper hygienic practices, eating/drinking/smoking Yes 39 Rooms and equipment - vented as required (evidence) STATUS OTHER AREAS Yes 13 Clean clothes, hair restraints Yes 0 Employee lockers provided and used, clean | STATUS FOOD EQUIPMENT AND UTENSILS Yes [41a Toxic items properly stored _) Yes 14 Food contact surfaces designed, constructed, Yes "41b Toxic items labeled and used properly _| maintained, installed, located Yes 42 Premises maintained, free of litter, unnecessary articles. Yes. ‘(18 Nonfood contact surfaces designed, constructed, Cleaning and maintenance equipment properly stored. maintained, installed, located Kitchen restricted to authorized personnel Yes 16 Dishwashing facilities designed, constructed, operated |Yes 43 Complete separation from living/sleeping area, laundry _ | '1. Wash 2. Rinse 3. Sanitize Yes 44 Clean and soiled linen segregated and properly stored _| Yes 17 Thermometers, gauges, test kits provided _SAFETY_ | Yes 18 Fre-flushed, scraped, soaked No “45 Fire extinguishers - proper and sufficien _| 19 Wash, rinse water clean, proper temperature Yes “46 Exiting system - adequate, good repair _| *20a Sanitizing concentration Yes "47 Electrical wiring - adequate, good repair *20b Sanitizing temperature Yes "48 Gas appliances - prcperly installed, maintained 7 Yes 21 Wiping cloths clean, used properly, stored Yes "49 Flammable/combust.ble materials - properly stored No 22 Food contact surfaces of equipment and utensils clean STATUS GENERAL . J No 23 Non-food contact surfaces clean Yes “50 Current license properly displayed | Yes 24 Storage/handling of clean equipment, utensils Yes [51 Other conditions sanitary and safe operation a STATUS SINGLE SERVICE ARTICLES Yes “52 False/misleading statements published or advertised Yes fas Service items properly stored, handled, dispensed relating to food/beverage a Yes 26 Single service articles not re-used No *33a Food management certification valid | STATUS WATER AND SEWAGE/PLUMBING No “53b Employee training validation _ 4 Yes “27 Water source safe, hot and cold under pressure Yes 54 Florida Clean Indoor Air Act a Yes “28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice _ 4 Yes 29 Plumbing installed and maintained No 56 Copy of Chapter 509, Florida Statutes, available a yes “30 Cross-connection, back siphonage, backflow STATUS GENERAL J STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program Information provided Yes *31 Toilet and handwashing facilities, number, convenient, |Yes 58 Smoke Free J designed, installed 3 z wi -closing doors, fixtures operate “s propeny tect clean cupaie’ with handeoep, eleposable Total Number of COS Violations: 0 towels or hand drying devices, tissue, covered waste Total Number of Repeat Violations: 0 Violations marked wit an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, arid were not being conducted Page 3 of STATE OF FLORIDA age 3 of B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT = 6215373 Inspection Date: FOOD SERVICE INSPECTION REPORT 7/2104 14:33:34 AM LEGAL NOTICE Failure tc comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines. Warning(s): 53A-01 - Obse~ved manager lacking proof of Food Manager Certification. This violation must be corrected by : 8/23/04. 53B-01 - Obse-ved no proof of required employee training. This violation must be corrected by : 8/23/04. Violation(s): 03A-03 - Observed potentially hazardous food cold held at greater than 41 F.cold cuts in deti style cooler 45/48. 12B-01 - Observed employee in a restricted area drinking from an open beverage container. 22-06 - Observed buildup of slime-like substance in the interior of ice machine. 23-02 - Observed residue build-up on nonfood-contact surface.on inside of conveyer type toaster 37-02 - Observed ceiling soiled with accumulated dust.near prep area 45-30 - Observed lack of inspection report from licensed equipment dealer on premise.hood surpression system report 56-01 - Observed coay of Fiorida Statute 509 not available in the establishment.

Docket for Case No: 05-002078