Jul 12 2007 10:48 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE 5/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, ¥S. MANHATTAN'S BEST COFFEE peed beets Respondent, Gase No. 2007025003 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against MANHATTAN'S BEST COFFEE, (“Respondent”), and says: 1. Patitioner 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, Respondents, 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 5497 W, IRLO BRONSON HWY, KISSIMMEE, FLORIDA 34746.The mailing address of record is MANHATTAN'S BEST COFFE®, at 2738 HERON'S LANDING DRIVE, KISSIMMEE, FLORIDA 34741, ‘ 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 promuigated therato governing operation of the establishment. The vialation(s) found and applicable law are described ih 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 fo exceed $1,000 per offanse; 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 April 25, 2007 ‘ Us ed om 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. Tunnicifff, 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 foragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007, Received by:, Inspector's Signature Operator's Signature i a ig Title Title Case Number: 2007025003 Disttlet Number: O4 License Number: 6910800 2010 Fortn ravieed 10.10.06 MANHATTAN'S BEST COFFEE arfl Jul 12 2007 2/2887 la:dd 8584146749 DEPR OGA PAGE Exhibit A, License Number: 5910800 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007026003 FC as cited herein references specific provisions of the Foad Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA ae cited herein references specific provisions of the National Fire Protection Association Lite Safety Gode, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Fiorida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on December 26, 2006, March 29, 2007 the ficensee was in violation of Florida Statute 5DS{FS} and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the réport(s) for the above referenced inspection(s) are attached hereto and incorporated by reference aa Exhibit B. 4,21-42-1 3-304.14(B)(2) FC:: (8) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPEGIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. THE WET WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES. 2. 37-18-1 610-1.004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. THE CEILING TILES AND AIR CONDITIONING VENT COVERS THROUGHOUT THE ESTABLISHMENT HAD A HEAVY DUST ACCUMULATION. ‘ * 3.46091 61C-1,004(10) FAC:: EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS, THE EXIT SIGN WAS NOT PROPERLY ILLUMINATED ON THE WESTSIDE. * 4. 534-01-1 509,039 FS AND 610-4.023(1) FAC, ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THe FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO, MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIG SHALL HAVE PASSED AGERTIFIGATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS GHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. THERE WAS NO PROOF OF FOOD MANAGER CERTIFICATION. * denotes critical violation bi District oa Number. 2007025003 : icense Type: Teese Num File Number. 176564 License Number: 5910800 MANHATTAN’S BEST COFFEE @6/12 Jul 12 200? 10:49 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE @7/12 Exhibit A * §.598-08-1 609.049 FAC: 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 INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TQ 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 EFFECTIVE DATE OF THIS ACT SHALL 6E SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, IT 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 A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE ‘ LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001, FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 7, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF EMPLOYEE TRAINING. * denotes critical viciation rf mee Oo Case Number 2007025003 cense Type: File Number, 176564 License Number: 5310800 MANHATTAN'S BEST COFFEE Jul 12 200? 10:49 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE 8/12 Page L : STATE OF FLORIDA . ee UIRION DEAND PROFESSIONAL RRQULATIONL. S| OF FNFTELE ANE REATABARTESE. Rigs TAU oH (= wrew.myflaridsecm/dberiys STRICT 1 Ly, CALL TAY ttc TOON ; Ee Uw Fadture to comply with this Notice may initete an administrative penal dal teaieaee Og/25/07 1:25 AM Cafoack Inmecton baie and Tite HAIGH INVESTMENT GROUP, ING, Over Nar MANBATTAN'S BEST COFFEE aa Satan Res “ IRBrOOS Munber of Unity : Requested Giack Oeeftime nm Wain 5494 W, TRLO BRONSON HWY WISEMMEE, 54746 ° of required eenpleye tratsing provided. All pute food service establishments mst provide the divisor with prot of employee: trainion upon request, Mn, bet not ited i Fe ry alah heqecton oF the extablafnnent PC NOT COMPLE) Hons SaaeO Ad _ me BLO 2 Spelt ama EE Redolent Inspector Shen mae cmon For further information plinth csjtiaet: Recipient: fad Newiinn Wright THs Pa Senfintlan and Safety Specialist 400 W Robktuon St Orient, FL 432801, Prom 407 395 2504 WSO-AGP- ANSE ’ F; PRPR Ferm WA 5022-008 y Jul 12 200? 10:50 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE 9/12 (cere Ntiititatr STATE OF FLORIDA SEAT sm19800 DEPARTMEAT OF BUSINESS AND PROFESSIONAL moan of sees tte DIVISION OF HOTELS AND RESTAURANTS Bonne wrrw.nnyflorida,com fdbpe Hig fT i?) rT BEST COPPER CALL BACK INSPECTION REFORT nepecion LEGAL WOTICE 09/29/07 12:23 AM Fatlure to commby with this Notice rvy fnitiote am alradniatrativs complaint Hert mary reselt tr suapension or revocation of your Homes andfines. copy of lntest iapection report, CH COMPLIED ot: 4a I01 hie fie extinguisher not properly mounted at east 4 (nebest ofF the floor and the ton no higher that 3 feet off the flocr,cB COMPLE Jul 12 200? 10:50 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE 18/12 Page 1 STATE OF FLORIDA DEPARTMENT OF BLISINESS AND PROFESSIONAL REGULATION 7 DIVISION OF HOTELS AND RESTAURANTS “Gy FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fature it comply with this Notice may Initiate an adminiotrative complaint that may Aetuk In suspension of nevecation of your license and finea, 12/8606 42:01 PM soanado SEAT. Inspection Date and Tire Literse Murtber HAKIM INVESTMENT GROUP, INC. : Qwner Name . MANHATTAN'S BEST COFFEE Ares Coge/Talephono Nuriber Business Name 40 anor Number of Units Ucerse Expiration $491 W. IRLO BRONSON HWY KISSIMMEE, 34748 Address / City/State / Zip / ato, ishers and Fine LA Higad Saasaroanion tne Fim Fexinenithit, revue uli Kinet ee ceTtTRaTiON Clete of SOE NOTE: Rams marked above with on seterisk (7) Indicate a violation inepeckera Comment bare hand conte with ready 1 set food utensiis and gloves ir use, Water Source: Municipal/Utility. Sewage: Municipel/Litity. Provided Web Site, Lacknowladge nicuipt of this Inspection form. and comments, 12-28-06 ee Date Signature of Recipient Ingpector Signature Recipient: Ms Hekm For further information presse contact Tite cwne Netting wright r Sanitation and Safely Speciniat 400 W Fobinesn St Phone: 407 396 ASO4 350-487-1395 "02 Griginal conteiner, property tet arin : eoctad TES Oo edviay on rawuncerenoked avial[NO_|r0ad Foca proparyonoies | | ___ p05 Thermometers provided and conspicuous | _____ P06. Prtentintly hazardous foods properly thwed Violations mated with an estevinic pm oxilieal violations, lems maried IN are In complianca, Nethe Marked are Viotetions. Specific detaiss of vighsion are leted on BSFR Fon HR 5022-0168 Jul 12 200? 10:50 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE som ote hy STATE OF FLORIDA DEPARTMENT OF SUSINESS AND PHOFESSIONAL, REGULATION buskneNene roe 7 DIISION OF HOTELS AND RESTAURANTS MANHATYAN'S BEST COFF! i Inspection Datr FOOD SERVICE INSPECTION REPORT 1228/06 12:01 PM LEGAL NOTICE Follure to comply with thia Motice may inthsie an admninietranys complaint that rmry neault in mayen or rvOcEtion of your Keene and fines, [“stame | __PHFTEMPERATURE CONTROL (| STATUS | _GARBAGEANDAGFUBE Disposal | Pot umenped opment tars tetramcsees | ES Containers covered, aderjate number, insect and rodaet ae ervice, transportation ae | if cca een imam mae | iw brtke-contamination; storage provctrose; STA ae: fevkience) Ya Clas clothes, hair restraint ee ee lackors provided andused, clean FOOD EQUIPMENT AND LITENSILS in ____ 44m Tende terme property stoted peer mane i ___[*4 1b Toxic: haw fabaled end vend propery maintained, installed, focated 42 Premise matntalnad, ree of (Itter, unnecessery articles, leaning and miintenares aguiprant property stored, tchen restricted in outhoriead personnel ometers, gaumes, test kits provided epetsted cme eced puisters = proper +49 Flammablevcomiuetiine me Devas | GENERAL enanoonve \, +50 Curent tiveness property daplayed 5? Fakeimisieading stataments pubdehed of acvertioad plating to fond tervertgp? | [Out [Sam Food maqsgemant cwtiication vad | lout ___ hab Employee training validation Yn 24 Storaga/hantiiig Ban BUiniient, ubarsils SINGLE SERVIGE ARTICLES FS 5 4 > ie | ___ +30 crose-connection, back siphonane, bmckfiow STATUS | _TOWKETAND HANDWASHING FACILITIES | "34 Tovet and handwashing facilities, number, convenient, designed, instalied "32 Restrooms with self-closing doors, fiaures operate property, facility clean, supplied with handsoap, dispasable howels of hand drying davies, Useue, covanad waste Total Number af COS Violations: Total Number of Repeat Vitations: lanee. hen Meerkod OUT are viointions, Speciic deraits of violation are listed ox Vigistions marked wih an aseriak are citical vietations, hems masiied IN ate if empl manrvad, Bnd wore not baing conducted mt the tine of inspection. subanquant pages. ttema meshed N/A pre Nol Applicable, tans Marked a8 NO av KESt OI APR Farm HR 6022-016 11/12 Jul 12 200? 10:51 ar/l2/2ae7 la:dd 8584146749 DEPR OGA PAGE 12/12 License rage Ly Numiper STATE OF FLORIDA SEAT. 570800 MY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Bush Name Sp DIVISION OF HOTELS AND RESTAURANTE MANHATTAN'S BEST COFFEE & bregperction Drevter FOQD SERVICE INSPECTION REPORT 4276/08 12:01 PM LEGAL NOTICE Feflure to comply with this Notica mary iniiats an axitinigtrative compleltt Hutt may result In sumpension or revocation of your license and fires. Warning(s}: BUA-O1-1 Manager hacking procf of Food Merager Cantihostion. §1-18-7:No copy of latest Inepaction mport. 21-121 Wet wiping cloth net stored in sanktzing soktion between use 10-07-1:Obaerved in-use utenall stored In standing water lesa than 135 Gegrees Fatrentet, 46-08-HEMn ane Net property Muminated in the wets, 27-02: Hamevnah rink not aedbtalbis for acnghoy 66 une. at al mes In the kitchon . : O84 1-1:Osarved food stoned In toe used for drints.botthe of ander AB-39-:Portable fite extinguisher not properly mounted el least 4 inches otfthe floor and the tog ne Fagher tere S fest fF thaw Riad. 7-12 -T:Observed hencwast sink wed Tor purposes olen thet faneaMee nln: plomage of A plato ane utara S38-08-1:No proof of required employee tralnityy provided, All publi flood parvice eatodlighments must provide the division with proof of amagioyes training upon request, inching, but nat Hentted 10, at the Ilnme of any divtston inzpection of the setanlistinant PTO 37-18: Observed dutty celling tas and dir concinning Mart cower Ehrougtnaut the exiabfishment. DAPR Fonn MR BO22-015

Docket for Case No: 07-003137