Nov 4 2005 15:35 11/81/2085 15:32 8584146749 DBPR OGA PAGE 95/08 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND ( 5 -UO UO PROFESSIONAL REGULATION Patitlaner, v5. MEDITERRANEAN DELI License Number 8900000 MEDITERRANEAN DELI License Type 2051 Non-Licensed Food Service Respondent. Case Number 2005043045 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitloner’), files this Administrative Complaint against MEDITERRANEAN DELI, ("Respondent"), and says: 4, 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 an establishment subject to the jurisdiation of the Division of Hotels and Restaurants, The respondent's business address of record is 981 WEST FAIRBANKS AVENUE, ORLANDO, FLORIDA 32804,The mailing address of record is MEDITERRANEAN DEL! at 981 WEST FAIRBANKS AVENUE, ORLANDO, FLORIDA 32804. 3. Based on observation of Respondent's establishment activities and a thorough search of the Olvisian's itcensure records, Respondent was determined to be operating without statutorily required licensure, in vialation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit "A" of this Complaint, Respondent was therafore issued an Administrative Determination of Nonicensure on July 13, 2005, attached hereto as Exhibit "B", documenting the activities raquiring licensure and direating Respondent to apply for or renew the required license, Respondent thereafter failed to obtain licensure and was issued an Order of Closure on July 13, 2005, pursuant to Section $09.264(3), Florida Statutes, and attached hereto as Exhibit "C". WHEREFORE, Petitioner respactfully requests entry of an Order imposing one or more of the following penalties: administrative fine nat to exceed $1,000 per offense; mandatory attendance at Respondent's expense al an educational program sponsored by the Department's Hospitality Education Program; suspensian, revocation, or refusal of a license Issued pursuant to this Chapter, and/or any ather ralief authorized by Chapter 609, Flarida Statutes, or the rules promulgated thereto. Signed August 17, 2006 Vote Se Valerle Freaman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Dapartment of Business & Professional Regulation Case Number, 2006043045 Form revised 08,143.05 District Number: 04 License Type: 20571 Non-Licensed Food Serviec License Number: s900000 MEDITERRANEAN DEL Nov 1 2005 15:35 11/81/2085 15:31 6584146749 DEPR OGA PAGE 46/a8 COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attomey Florida Bar No. 0163834 Department of Business & Professional Regulation 1940 North Monroe Sireat Tallahassee, Florida 32399-1007 GERTIFIGATE OF SERVICE OY 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 , 2006. gp Received by: . Inspector's Signature Operator's Signature Title Title Form revised 08.13.05 District Number: 04 MEDITERRANEAN DELI Case Nurriber: 2005043045, Linense Type: 2051 Non-Licensed Food Service Licanse Number: #800080 Nov 1 2005 15:35 11/81/2085 15:31 8584146749 DBPR OGA PAGE 47/88 EXHIBIT A 1. Gased on tha foregoing, Respondent violated the follawing provisions of Chapter 509. Florida Statutes, or the rules promulgated thereto: 509.241(4) FS LICENSES; ANNUAL RENEWALS, — Each publle lodging establishment and public food service establishment shall obtain a license from the division, Such lieanse may not be transferred from one place or individual to another . . . Licenses shail be renewed annually, , . - §09,241(2) FS APPLICATION FOR LICENSE. — Each person who plans to open 4 public lodging establishment or a public foad service establishment shall apply for and recelve a license from the division prior ta the commencement of operation. Gase Number: 20050490a5 . Heat revised 08 53.05 Ucense Type: 2051 Non-Litensed Food Senice je A License Number: 8900000 . MEDITERRANEAN DEL! Nov 1 2005 15:36 11/01/2885 15:31 8504146749 DEPR OGA PAGE 48/8 ~~ License Number: NO LIC. License Type: 2061 NON-LIGENSED FOOD SERVIGE Case Number; 2006043045 Exhibit A “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Publi Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as clted herein references specific provisions of the National Fire Protection Associatian Life Safety Cade, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions”, Florida ° Administrative Gode, and 61C-1,004(5), Florida Administrative Code, tts allaged that on June 13,2005 and July 13,2005 the licensee was in viglation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), In the fallowing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit 8, * 4.50-08-1 609.241(2) FS: (2) APPLICATION FOR LIGENSE. EACH PERSON WHO PLANS TO. OPEN A PLIBLIG FOOD SERVICE ESTABLISHMENT SHALL AFPLY FOR AND RECEIVE A LICENSE FROM THE BIVISION PRIOR TO THE COMMENCEMENT OF OPERATION, OBSERVED THE FACILITY OPEN AND OPERATING AS A PUBLIC FOOD SERVICE ESTABLISHMENT ON JUNE 13, 2005 AND ON JULY 13, 2005 WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS, THE OPERATOR HAD SUBMITTED PLANS, HOWEVER, GOULD NOT OBTAIN SEPTIG APPROVAL FROM THE ORANGE COUNTY DEPARTMENT OF HEALTH TQ OPERATE THE BUSINESS, Exhibit A * denotes critical vidlation Page 1 Case Number: 2005043045 License Type: 2061 NON-LICENSED FOOD SERVICE License Number: NO LIC

Docket for Case No: 05-004040