Jun 13 2006 15:06 G6/13/2086 83:82 8584146749 DEPR OGA PAGE a3/@5 peu mem meee bower “CREA YG BODE 22749781. of49/No. BB51052447 Po? ; STATE OF FLORIDA DESARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Politioner, vs. . Ase Licende Ne. 2102441 NY PIZZA & PASTA & GLUBHOUSE Respondent. License Type 2090 Permanent Food Sefvice Cage No. 2005092760 ~ ADMINISTR ATIVE COMPLAINT “ Tha DEPARTMENT GF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitionar’), flees this Administrative Complaint against NY PIZZAS PASTAR CLUBHOUSE, (‘Respendent’), and says: 4. Patitioner is the state agency charged with regulating the operation of public lodging wetablishments and public food service establishments, pursuant ta Section 20,165 and Chapter 508, Florida Statutes, 2. Respondent lg, and hae been atall Ames material herslo, tlcensed by or subject to the [uriauiotiog of thi . Bivlsion of Hotels and Restaurants, The respendent's business address. of record ip 11140 NUTAMIANI “Tre NAPLES, FLORIDA 34140. The mailing address of ratord is NY PIZZA & PASTA & CLUBHOUSE, at 17140 N TAMIAMI TRL, NAPLES, FLORIDA 34710. : / so 3. Inspeoton of this eefablishment conducted pursuant to Sec. $09.092, Flodda Statutes, ravealad Violations "af the provisions of Chabter 509; Flovide Stetutes, and / or the miles promiuigated thereto govern Ing operation of the establishment, th s violation(s} found arid applicable laware described iA Exhibit"A,” atached harslo and Incarpetated hardly by referetice, Inspection documents are attached as Exhibit “B’ incorporated herein by refardrice. . 0 WHEREFORE, Pelifiorer raspecttully requests entry of ari Order imposing on ar griors of the folowing penalties: administrative fae nol to exmedd $1,000 per offense; mandatory attendance ot Reapondent’s ovpartee aten edudatonal program sponaoréd by thé Deparinent'’s Hospitality Edunation Prograny, alianensioh, revocation, or refusal of 2.licenge tssuad putsvant to this Chapter, andlor any other relier authorized by Chapter 609, Fldtida Stalutes, or the rules promulgated thavats, : | Signed June 20, 2008 . r Gary Tina, Dietiot Mandgér By delagation of tha Director, of dasignes bivision of Hotels @'Restaurunta | ; . Departrierit of Busipess & Professional Regulation COUNSEL FOR THE DEPARTMENT: “ , _ Oharies F, Tunnidlif] Lead Attorney Florida Bar No. 0163834 . Department of usiness & Professional Regulation . 4240 Notth Monroe Strest ‘ Tollohdesen, Florida 2398-1007 CERTIFICATE GF SERVICE BY CERTIFIED US, MAIL, ARTICLE NUMBER: 7490 3904 pb4aR S784.1693 [HERESY CERTIFY thata foregaing} ADMINISTRATIVE COMPLAINT has been . , 2005, Gage Humber: 2005032720. . . Farm revised 98.20.05 Llcetee Type: 2010 Pannanent Food Service District Number: 07 Ueenge Number! 2102046 . NY PIZZA & PASTA & CLUBHOUSE Jun 13 2006 15:07 86/13/2086 a3: a2 8584146749 DEPR OGA PAGE License Nuriber 2102446 License Type: 2016 PERMANENT FOOD SERVICE Case Nutiber: 2005032780 Exhibit A “FO” as cited herein referances specific provisions of the Foad. Code, Recommendations of the United States Public Heath Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative Coda. "NEPA as. cited herein referentes specific provisions of the National Fire Protection Association Life Safaty Code, insorporated by reference at Chapter 4A-3, "Fire Prevention, Gereral Provisions’, Florida Administrative Coda, and 610-1,004(5), Florida Administrative Code. {tis alleged that on MAY 11, 2005 AND JUNE 44,2008 the eansee was in violation of Florida Statute SO9(FS) andfor the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the folowing particulars. Copy(s) of the neport(s) for ihe above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. : : 1.4544 NFPA4O, 16.10 FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 LB... SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 5 FT _ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB. © {EXCEPT WHEELED TYPES) SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 34/2 FT. . ABOVE THE FLOOR, IN NO CASE SHALL THE CLEARANCE BETWEEN THE SOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 ID. .... PORTABLE FIRE EXTINGUISHER NOT MOUNTED BETWEEN 4” AND 5", STORED ON TOP OF FIRST AID KIT. : * 29.53B01 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 STORAGE, PREPARATION, DISPLAY, OR SERVING.OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS: SHALL NOT INGLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR AFOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVIOE 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 EFPECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, TT.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 __-ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNGTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYERS MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 71,2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 4, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT JO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. : . OBSERVED NG PROOF OF REQUIRED EMPLOYER FOOD SAFETY TRAINING. * denotes critical violetion : Exhibit & Case Number: 2005032780 Page 7 License Type: 2010 PERMANENT FOOD SERVICE License Number. 2402446 a4/a5

Docket for Case No: 06-002044