STATE OF FLORIDA &> DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Y fo DIVISION OF HOTELS AND RESTAURANTS Mis ty, Os, “ts DEPARTMENT OF BUSINESS AND AiO. S> PROFESSIONAL REGULATION — NE ' Petitioner, OS om q > Bs 4 bin vs. . License No. 1505390 OCEAN BREEZE License Type 2010 Permanent Food Service Respondent. Case No, 2004055417 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OCEAN BREEZE, (“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 1.5 AVE, INDIALANTIC, FLORIDA 32903.The mailing address of record is OCEAN BREEZE, at 15 AVE, INDIALANTIC, FLORIDA 32903. 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 viotation(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 November 16, 2004 ( . Valerie Freeman, 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 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | 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: Inspector's Signature Operator's Signature Title Title Case Number: 2004055417 Form revised 10/25/04 License Type: 2010 Permanent Food Service District Number: 04 License Number: 1505390 OCEAN BREEZE License Number: 1505390 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004055417 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. ltis alleged that on August 24, 2004 and October 18, 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) fe for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.354-02 6-501.112FC REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS. DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS SHALL BE REMOVED FROM CONTROL DEVICES AND THE PREMISES AT A FREQUENCY THAT PREVENTS THEIR ACCUMULATION, DECOMPOSITION, OR THE ATTRACTION OF PESTS. OBSERVED DEAD BUGS IN THE LIGHT SHIELDS. * 2.28-05 5-403.12FC OTHER LIQUID WASTES AND RAINWATER. CONDENSATE DRAINAGE AND OTHER NONSEWAGE LIQUIDS AND RAINWATER SHALL BE DRAINED FROM POINT OF DISCHARGE TO DISPOSAL ACCORDING TO LAW. THE LIQUID WASTE FROM THE SNOW CONE UNIT WAS DRAINING INTO THE THREE-COMPARTMENT SINK. 3, 29-05 5-205.15FC SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR. THERE WAS A LEAKING PIPE AT THE THREE-COMPARTMENT SINK. 4, 15-22 NFPA 96, 3-2.3 FILTERS SHALL BE TIGHTFITTING AND FIRMLY HELD IN PLACE. | THE HOOD PANELS WERE NOT TIGHT FITTING. * §, 45-17 “NPFA 96, 8-2 INSPECTION. AN INSPECTION AND SERVICING OF THE FIRE- EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE- ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. THE FIRE SUPPRESSION SYSTEM DID NOT HAVE A CURRENT INSPECTION. 6. 51-02 61C-1.004(9)(D}) FAC CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY. THE CO2 TANKS WERE NOT ADEQUATELY SECURED. * denotes critical violation Exhibit A Case Number: 2004055417 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 1505390 * 7,35B-03 6202.15FC OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUGH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) RESTRICTED SO THEY ARE NOT USED FOR ENTRANGE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE. WINDOWS OR DOORS OF A FOOD: ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) ...(16 MESH TO 1 INCH) SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. THERE WAS A LARGE HOLE BEHIND THE ICE MACHINE. * 8.47-01 61C-1.004(11) FAC ELECTRICAL WIRING — TO PREVENT FIRE OR INJURY, DEFECTIVE 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. AN EXTENSION CORD WAS IN USE FOR THE TELEVISION. 9. 37-14 NFPA 96, 8-3.1 HOODS, GREASE REMOVAL DEVICES, FANS, DUCTS AND OTHER APPURTENANCES SHALL BE CLEANED TO BARE METAL AT FREQUENT INTERVALS PRIOR TO SURFACES BECOMING HEAVILY CONTAMINATED WITH GREASE OR OILY SLUDGE, AFTER THE EXHAUST SYSTEM IN CLEANED TO BARE METAL, IT SHALL NOT BE COATED WITH POWDER OR OTHER SUBSTANCE, THE ENTIRE EXHAUST SYSTEM SHALL BE INSPECTED BY A PROPERLY TRAINED, QUALIFIED, AND CERTIFIED COMPANY OR, PERSON(S) ACCEPTABLE TO THE AUTHORITY HAVING JURISDICTION IN ACCORDANCE WITH TABLE 8-3.1. THE HOOD HAD AN ACCUMULATION OF GREASE. *40, 46-11.3 61C-1.004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED SLLUMINATED EXIT SIGNS. THE EXIT LIGHTS ON THE PORCH WERE NOT PROPERLY ILLUMINATED. * denotes critical violation Exhibit A Case Number. 2004055417 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 1505390

Docket for Case No: 05-003773