Apr 3 200? 14:58 @4/ag/ 2087 83:53 8584146749 DEPR OGA PAGE 85/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. License No, 3904387 LUIGI'S Respondent License Type 2010 Spo} , . Case No. 2007007152 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’}, files this Administrative Complaint against LUIGI'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 9677 S US HWY 301, RIVERVIEW, FLORIDA 339695457. The mailing address of record is LUIGI'S, at 9617 S US HWY 301, RIVERVIEW, FLORIDA 335695457. 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 applicabie law are described in Exhibit“A,” attached hereto and incorporated herein by reference. Inspection decuments are attached as Exhibit ‘B", incorporated herein by reference. , WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penaities: administrative fine not to exceed $1,000 per offense; mandatery attendance at Respondent's expense al an educational program sponsored by the Department's Hospitality Education Pragram, suspension, revocation, or refusat of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgajed thereto. Signed February 07, ” Distriat rato — By delegation of the Director, didesignee 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 Monree Street Tallahassee, Florida 32399-1007 CERTIFICATE GF SERVICE . BY GERTIFIED US, MAIL, ARTICLE NUMBER: SENDERS RECORD | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2007 Received by: Certified Article Number Inspector's Signature Operator's Signature Title Title Gase Number, 2007007162 District Number: 03 License Numban 8804387 2010 Form ravisad 10.10.08 LUNGS Apr 3 200? 14:58 @4/ag/ 2087 83:53 8584146749 DEPR OGA PAGE 86/86 Exhibit A License Number: 3904387 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007007152 Fo as cited herein references specific provisions of thé 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 Assoclation Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * danotes a critical viclation. Itis alleged that on December 21, 2006, January 22, 2007 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) far the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1A. 45-33-1 NFPA 9S, 4.1.2, 4.1.3,4.1.4 AND-4.1.8:; ALL SUCH EQUIPMENT AND ITS PERFORMANCE SHALL BE MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS STANDARD DURING ALL PERIODS OF OPERATION OF THE COOKING EQUIPMENT. THE FOLLOWING EQUIPMENT SHALL BE KEPT IN GOOD WORKING CONDITION: (1) COOKING EQUIPMENT (2) HOODS (3) DUCTS (IF APPLICABLE} (4) FANS (5) FIRE-EXTINGUISHING SYSTEMS (8) SPECIAL EFFLUENT OR ENERGY CONTROL EQUIPMENT ALL AIRFLOWS SHALL BE MAINTAINED. MAINTENANCE AND REPAIRS SHALL BE PERFORMED ON ALL COMPONENTS AT INTERVALS NECESSARY TO MAINTAIN THESE CONDITIONS. . * 4B. 45-32-1 NFPA 9S, 10.4.1 AND 10.4.3:: UPON ACTIVATION OF ANY FIRE-EXTINGUISHING SYSTEM FOR A COOKING OPERATION, ALL SOURCES OF FUEL AND ELECTRIC POWER THAT PRODUCE HEAT TO ALL EQUIPMENT REQUIRING PROTECTION BY THAT SYSTEM SHALL AUTOMATICALLY SHUT OFF. ANY GAS APPLIANCE NOT REQUIRING PROTECTION, BUT LOCATED UNDER THE SAME VENTILATING EQUIPMENT, SHALL ALSO AUTOMATICALLY SHUT OFF UPON ACTIVATION OF ANY EXTINGUISHING SYSTEM. HOOD FIRE SUPPRESSION SYSTEM REPORT DATED 12/15/06 SHOWS DEFICIENCY - “EQUIPMENT DOES NOT SHUT OFF PROPERLY”. * denotes critical violation . District: 03 Case Number: 2007007152 License Type: 2010 File Number: 121027 License Nurnber: 3904387 LUIGT'S.

Docket for Case No: 07-001537