Jul 12 2007 11:36 ar/l2/2ae7y 11:32 8584146749 DEPR OGA PAGE @4/1a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VG. License No. 6802441 MISTY CREEK © c dent License Type 2010 Espo! aa Case No. 2006065670 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administratlve Complaint against MISTY CREEK C C, (‘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 Seption 20,165 and Chapter 508, 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 e954 MISTY CREEK DR, SARASOTA, FLORIDA 342419568, The mailing address of record is MISTY CREEK G C, at 8954 MISTY CREEK DR, SARASOTA, FLORIDA 342419566. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, ravealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The vialation(s) found and applicable law are described in Exhibit "A,” attached hereto and incorporated herein by reference. Inspéction 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 to exceed $1,000 par offense; mandatory attendance at Respondent's axpense 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 therato. Signed December 04, 2006 oo Gary amar District Manager By delagation of the Director, or designee Division of Hotels & Restaurants : Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charies F. Tunnicliff, bead Attorney Florida Bar No. 0153831 : Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFIGATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 39019849 22197011 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2006 Raceived by: Inspector's Signature . Operator's Signature Title Title 7 G District Number: 07 cee Neen 8802464 Form revised 10.10.06 Ucanse Number: 6802441 2010 MISTY GREEK CG Jul 12 2007 11:36 ar/l2/2087 11:32 8584146749 DEPR OGA PAGE 65/168 Exhibit A Licanse Number: 6802441 License Type: 2010 PERMANENT FOOD SERVIGE Case Number: 2006065670 FC a6 cited herein references specific provisions of the Food Gade, 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 Natlonal Fire Protection Association Life Safety Code, incorporated by reference at Chapter AA-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(6), Florida Administrative Code. * denotes 2 critical violation. Itig alleged that on September 26, 2006, October 30, 2006 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Gode (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspaction(s) are attached hereto and incorporated by reference as Exhibit 8. * 4 Qge134 3603.11 FC: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401,41(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUGH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS)," "RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COCKED TO ORDER)" OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE (TEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO AFOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. ESTABLISHMENT SERVES EGGS AND BEEF COOKED TO CUSTOMER REQUEST WITHOUT REQUIRED CONSUMER ADVISORY POSTED. * 2. 45-36-1 NPFAS6, 11.2.1:: AN INSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. FIRE SUPPRESSION SYSTEM WITH EXPIRED TAG LAST INSPECTED JANUARY 2006. * denotes critical violation District: 07 Case Number; 2006065870 License Type: 2010 Licensa Number: 6802441 File Number: 146621 MISTY CREEK C C Jul 12 200° 11:37 ar/l2/2ae7y 11:32 8584146749 DEPR OGA PAGE 46/18 eee en eae cee any este tee ie eerie aypmeeteeptend need a) if ee meee a cee manana boa ai rremmoee eat a tn IEE OE ent i ne Exhibit A * 3.02-221 3-801.17(A)FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. COOKED MEAT, GRAVIES, SOUPS, CHICKEN IN WALK IN COOLER DO NOT HAVE REQUIRED DATE MARKING. *« denotes critical violation ; Cistrict 07 Case Number; 2006065670 License Type: 2010 Licanse Number: 6802441 Fila Number: 146621 MISTY CREEK CC Jul 12 200° 11:37 ar/l2/2ae7y 11:32 8584146749 DEPR OGA PAGE @7/1a , EXHIBIT B State of Florida 9 | A + Department of Business and Professional Regulation Division of Hotels and Restaurants 4 www hospitalityeducation.org y CALL BACK/RE-INSPECTION REPORT tn Rae * File Mupitat Suthir ow Bl You will be issued a Motine ta Show Cause why sanctions should not be assesred against your Jiranee. A hearing will be |’ hold at e time and place to he deslqneted hy the director. oovaer Hames [V1 1 <7 CABLE. é@ LO pS iness Name: MILT Y Creek, Busivess Address S9S4 mig rg Ce. ‘aollities fo maintain product ienpsrehra hamnometers provided and conspicuously placed Potentially hazardous foods properly thawed 7356 Cuter openings protected from insects, rodent *08c Polenta for cmas-contamination, slorage practices; damaged f coved : Cy 7.10 usa ‘ood dispensing utensils properly stored | __| (137 Physical factities walls, ceilings and attached equipment, 38 Physical faciiitlasdloars properly constructed, dean, drained, | Ravi3 Clean clothes, fai restraints LL - constructed, clean CIMT Food contact set Surfa05s designed, constructed, maintained, 38. Light as required. Fixtures shielded Installed, located | 32 Rooms and equipment - vented as required _ [15 Non-food contact surfsces designed, constructed, maintained, 40 Employee lockers provided and usad, clean . Installed, located a | C2 42-Premisas maintained, no unnecessary articles, Cleaning & {CJ 416 Dishwashing fecilities designed, constructed, operatad maintenance equipment properly stared. Kitchen restricted. 1.Wash 2. Rinse 3, Saniize [-]_43 Complete separation trom llving/siaeping area, laundry 44 Clean and soiled Iinan segregated and propery stored | i? thermometers, gauges, tect tits provided ! 18 _Pre-flushed, scraped, soaked 49 Wash, rinse water clean, proper temperature Ve _] sshaseniizng concentration *90_ Currant eee [| 51 Other conditions saniiary and sate operation L] 52 False/misieading statements published or advertised relating to Food/baverage [J] 29 Plumbing installed and Trained Ca 30 Cross-connection, back siphonage, backfow a cd evn | 54 Flosida Clan Indoor Air Act Compliance 56 Automaile Gi Notica 56_ Cony of Chapter 509, Florida Statutes available 1731 Totlet and hand washing faciities, number, convenient, designed, installed tT Garbage containers coveréd, adequaie number, insect and radent | | 1 57 Hospitality Education Program Information eee rest crete pope intervals, clean —_—— aren om pu gh 5 (9g Cant —legg? —poaked Po ge cegusil Ma Cemcumee, Mhides oAty endl zu jnckrea ped, bea lly vith ea.” a FAG Gira Ee Briers a Fae uaoeactek eel fitrag v7 At Bra ist o Baty PTY a A Paes kt t— Carel adele ate ok oecga eet. ad (2 Mord Prowse Taare fa Sean fa ——— Taal oe Oe ware ae om ap Leplieern Big reelly tet #2) ag eeeet ter ligt oan tell aad serene (tof —— Cinfaal ao Woe . Co kent Cet a Gre wo bea www, MyFlorida,com/dbpt DBPR Form HR 5022415 | fh [cig pod Tale tat a rere ions —— pe eta. dre Pane hay ea obey a Addilonal Comments on Attached f om P72 C. one 5 ~ 862g. 2008 May 2 Jul 12 2007 11:38 ar/l2/2ae7y 11:32 8584146749 DEPR OGA PAGE 18/14 EXHIBIT B wy fa MIT fe, State of Florida Control Number Department of Business and Professional Regulation Division of Hotels and Restaurants Ge OF FET f& WWW. hospitalityeducation. org COMMENTS SHEET Page of Addendum to OBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 5022-083, Forcommoents ta the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HAGCGP Pian Veritication, COs ba fee re rele eranee She rte tien ear Cnanctetp we tee ee led fre caoket ve. S EL) Obese rtvraak fine Svippref$Ant7— Ys yer wer ¥lh, dep rel! Inspecteon tae - Laer da aged powle jaspec Peay: ea warey Seog £3) Gheede Atiecern (ater on axtheaeage Abed 6 Akers 22 Zivs ule, keg. Cazlaer A7~ bar has Conlanheg SAK O-7y Gog he “BD Ob seacecl “Ae “ Cp hbtzet Ok mest ware hende Rew ver osteo. ne bert — hardwaty Sale (H} WA _/ PNGB etl AEN ff te OE pe. e lots nar sited i Sart zy 9 leet in dining 20 0 #5 Fook fartllty- 7 Cee blr wd } DBPR Form HR 5022-042 MyFlorida.com 2001 Nevermber 01

Docket for Case No: 07-003141

Issue Date	Proceedings
Jul. 24, 2007	Order Closing File. CASE CLOSED.
Jul. 24, 2007	Joint Motion to Relinquish Jurisdiction filed.
Jul. 23, 2007	Order of Pre-hearing Instructions.
Jul. 23, 2007	Notice of Hearing (hearing set for September 14, 2007; 9:00 a.m.; Sarasota, FL).
Jul. 16, 2007	Response to Initial Order filed.
Jul. 12, 2007	Initial Order.
Jul. 12, 2007	Administrative Complaint filed.
Jul. 12, 2007	Election of Rights filed.
Jul. 12, 2007	Agency referral filed.