STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION & ( ~ OY O Y Petitioner, Vs. License No. 2611364 OLE MEXICAN RESTAURANT License Type 2010 Permanent Food Service Respondent. Case No. 2005061426 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OLE MEXICAN RESTAURANT, (‘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. Respondentis, 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 1001 N MAIN ST, JACKSONVILLE, FLORIDA 32206.The mailing address of record Is OLE MEXICAN RESTAURANT, at 9921 ATLANTIC BLVD, JACKSONVILLE, FLORIDA 32225, ; 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. Inspection documents are attached as Exhibit “B", incorporated herein by reference. WHEREEORE, 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 December 02, 2005 ‘ fen Steve VonBodungen, 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: 7160 3901 9849 2113 3843 | HEREBY CERTIFY that a true and cofrect copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2005, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005061426 Form revised1 11.10.05 License Type: 2010 Permanent Food Service District Number: 05 License Number: 2611364 OLE MEXICAN RESTAURANT Exhibit A License Number: 2611364 ; License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005061426 "FC" as cited herein references specific provisions of the 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. Itis alleged that on November 8, 2005 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. * 4.935A-04-1 6-501.111 FC:: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206,13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED 30 FRESH RODENT DROPPINGS NEAR THE HOT BAR IN THE KITCHEN, 10 FRESH RODENT DROPPINGS NEAR THE KITCHEN HANDSINK, 15 FRESH RODENT DROPPINGS UNDER THE GRILL AND STOVE IN THE KITCHEN AND 25 FRESH RODENT DROPPINGS NEAR THE DISHWASHER AND DISHWASHER SUPPLIES, * denotes critical violation . Case Number: 2005061426 : District: 05 License Number: 2611364 License Type: 2010 OLE MEXICAN RESTAURANT

Docket for Case No: 06-000408