Sep 10 2007 14:08 aq/1e/28e7 14:63 s58d146749 DEPR OGA PAGE 83/11 . nee STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, va, ; License No, 9690000 MAINES BEST natch License Type 2054 " Cata No. 2007028820 i — The DEPARTMENT OF BUSINESS AND SNA AN, DIVISION OF HOTELS AND - RESTAURANTS, ("Petitioner ), files thie Administrative Complaint against MAINES BEST SEAFOOD, CReepondent’), and says: 1. Patitionar is the state agency charged with reguiating the operation of public lodging establishments and public foad service establishments, pursuant to Sestion 20,166 and Chapter 509, Florida Statutes, 2. Reepondant ja, and has been at al times materia! hereta, licensad by or subject to the jurisdiction of the Division of Hotels and Reateurants. The respondent's business addrean of record is 4724 5 CLEVELAND, FORT MEYERS, FLORIOA 93007,The muling addtess of record is MAINES BEST SEAFOOD, at 47248 CLEVELAND, FORT MEYERS, FLORIDA $3907, 3. Inepedton of this establishment conducted pursusnt to See. 509,092, Florida Statutes, reveatad violations of the provisions of Chapter 609, Florida Statutes, and / or the cules promulgated thereto goveming Operation of the establishment. The wiglation(s) found and applicable law are described In Exhibit “A.” attached heralo and incorporated hereln by reference. Inspaciion documents are attached as Exhibit "B', incorporated herein by reference, WHEREFORE, Potitioner reapectiully requests entry of an Order imposing ane of more of the following penalties: administrative fine not to excoed $1,000 per offense; mandatory attendance at Respondent's expense al an educational program sponeored by the Department's Hospitafity Education Prograni; suspension, ravecation, of ‘afusal of a ficense !esued pursuant to thie Chapter, and/or any other reliaf authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed May 18, 2007 Claudia C Hh Deputy — Manager By delegation of the Director, or designee Division of Hotels & Rastaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnialiff, Lead Attormey Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 Nerth Monroa Street . Tallabarsce, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: IHERE@Y CERTIFY that 8 true and correc! han me on this Le" day of ‘5 Inspector’ ra f sere Title Tite 96 Munvtrer: 200702879 Dislrict Number; 7 Liens Number: s#00000 2051 Forth reviaed 10.10.08 MAINES BEST SEAFOOD Sep 10 2007 14:09 aq/le/eaey 1d:ag 8584146749 DEPR OGA PAGE @4/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, YE, MAINES BEST SEAFOOD tere Type 2081 Respondent. Case No, 2007029620 ADMINIST VE PLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), filas this Administrative Complaint against MAINES BEST SEAFOOD, (“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 609, 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 recerd is 4724 $ CLEVELAND, FORT MEYERS, FLORIDA 33907.The mailing address of record is MAINES BEST SEAFOOD, at 4724 5 CLEVELAND, FORT MEYERS, FLORIDA 33907. 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 atlached as Exhibit "B", incorporated herein by reference, WHEREFORE, Petitioner respectfully requests entry of an Order imposing one of more of the following penalties: administrative fina 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 thls Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed May 18, 2007 é Claudia ( rane Deputy District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE CEFARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 01653834 Department of Business & Professional Regulation 1940 North Monroe Street . Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 901 9849 }HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of . 2007. Raceived by: Operator's Signature inspector's Signature Tite Title Gase Number: 2007020620 District Number, OF License Number: 8800000 2051 Form revised 10.10.06 MAINES BEST SEAFOOD Sep 10 2007 aq/le/eaey 1d:ag 8584146749 DEPR OGA PAGE 5/11 Exhibit A License Number: NQ LIC License Type: 2051 NON-LICENSED FOOD SERVICE Case Number: 2007029629 “FG" as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative Code, "NFPA" as cited herein references sperific provisions of the National Fire Protection Association Life Safaty Code, incorparated by referance at Chapter 4A-3, "Fire Prevention, General Provisions”, Florida Administrative Coda, and 61C-1.004(5), Florida Administrative Code. '™* denates a critical violation. tis alleged that on April 3, 2007, May 7, 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. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 41,02-13-1 3-603.11 FC:: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401,.11(D)(3) AND UNDER PARAGRAPH 3-801 .14(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 SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEL! 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 COOKED TO ORDER);" OR (2) IDENTIFIGA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCCOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO 4 FOOTNOTE 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. q REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOCKER ANIMAL FOOD NOT PROVIDED. (FOR SHELLFISH). * 2.09-05-1 36307.11(0) FC:: PREVENTING CONTAMINATION FROM HANDS. (Db) FOOD EMPLOYEES’ SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT IS NOT IN A READY-TO-EAT FORM, OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE FOOD THAT [S NOT READY-TO-BAT. USING NON-HANDLE SCOOP TO OISPENAE FLOUR. * 3.27 CH.4&5FC WATER SOURCE SAFE, HOT AND COLD UNDER PRESSURE ENTRY ERROR * 427-181 5103.11(B) FC: CAPACITY. (B) HOT WATER GENERATION AND DISTRIBUTION SYSTEMS SHALL Be SUFFICIENT TO MEET THE PEAK HOT WATER DEMANDS THROUGHOUT THE FOOD ESTABLISHMENT. Case Number: 2007028629 Utense Number; 9900000 2051 MAINES BEST SEAFOOD Disirict Number: 07 Farm raviaed 16.10.06 Sep 10 2007 14:09 aq/le/eaey 1d:ag 8584146749 DEPR OGA PAGE 46/11 HOT WATER SUPPLY NOT MAINTAINED DURING PEAK PERIODS, NO HOT WATER AT TIME OF INSPECTION, * 5,80-08-1 509.241(2) FS: (2) APPLICATION FOR LICENSE. EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL AND RESTAURANT LICENSE. Oiatriet Number: 07 Case Number: 2007029629 License Number; 8800000 2054 Form revised 10,710.06 . MAINES BEST SEAFOOD Sep 10 200? 14:10 ao/1a/2687 14:83 8584146749 DEPR OGA PAGE 7/11 Leaks A . . flosieesy Fadure, ial, OF BUSINESS AND PROFESSIONAL REGULATION Ra) of ‘a t of 3 DBPR Olvision of Motels and Restaurante 0 ee Oe LEGAL NOTICE crop: Food Se ~s be 10 Permanent Food Service WRPECTION TPE on d Service Inspection Report io a Teme fat Food cert scheduled (ROUT) 7 2014 Mole Food Dispensing Vohiicie 02018 Vending Machine fete [E26 Uniicansed Fond Sofa! 3 TCENSE AER Ob OS*IS 7 REMINDER: Your Keane anf i Pe Orginal Vist (2) Gallback Bac a ine (DEA) Names Me sre , Bask Seabed Licensing (LIG) OD Complaint Full (COMP) [2 Complaint Partial (CPAR} (CO Disatter Response (DS7R) CO Sarvca Request (SERV} 1 Quattty Assurance (QA) 1 Traini (TRNG} ! “Consumer advikory on faw/undercooksd Joysters _ ns ancl pelea Consumer advisory on Lrawfundercogked animal products Potentially Hazardous Food Time/Tamperatire Protection from Contamination LIN | 09 | Foods hancied with minimum contact a a C INA) OUT | a [Personnel vit with Infections resid Gp ovr | No |_| | epeingan sa {2b || Proper hygienic practices, eating drinking/emoking (evidence le Restrooms with self-closing dears, fixturés operate properly, facility ¢ clean, 32 | supplied with hand earl disposable towels or hand drying devious, tisaue, covered watle receptacle: Personnal Chamical Demonstration of Knowledge PAS lenge: d (ECC M) oO gency Oro aback ~ Tine Extension {E0EX) o Enmergoncy Order Callback - Not evnpliad (FONG) (CBN) ‘Adntinalraive Datarmination Recamhanended A ADDITIONAL VIGLATIONS 5 CQMMENTS Of PAGE 2 wee, Wyre word lf DBER Form HR 5022- DIS Sep 10 200? 14:10 ag/1e/28a7 14:83 s5eadlae7ag DEPR OGA PAGE @8/11 we NP OF BUBINEGS AND’ PROFS: at florida, Suture... gh GF, BUSINESS AND PROFESSIONAL REGULATION aye 2of = DBPR LEGAL NOTICE Food Service Inspection Report LICENSE ROBE, Aoe 2055 i Suit THAN Aa (OAR ARE OF MINS £0: propriate box for COS endior COS" coneced on-site during inepection Re ry peal Violation CRITICAL CONCERN ‘AND MUST BE CORRECTED |MMEDIATEL' ed ____ COMP ener foods properly thawed ae "0c Potential for cross-conlamination, ‘storage prachess; damaged. damaged | food re oe % hyena faclitigs-floors property coninicied, clean, drained, coved _—adlistalled, located IZ 15 "Non-tood contact eurfanes designed, constr installed, Ioeated Chet smash ele a apes once oped 7 Physical fealideaawalls, celings and attached equipment constructed, clean . mae tte) | Wii race lean, used properly, stored 247 Blectrical 348A apolencss a i E18 Gas appliances ~ proper — F155 Flarmanh as inatolled uF “Gathage ‘conlainels covered, ixieuato “umber, insect and fodent + i ae AND CORRECTIVE KETONE tem No, _ | Violations cited In this rust be coracted win the ime frames or ing nbn Fae or 9s staled on page | of —kisdels + te dneng ue a OA aia coe. 3 ew. 4 nang wel wart Ag, Conc line “4p OOARN _. LOLS ae mn tek WE Revk do Ceol tine DBPR Form HR 6022-015 a a www MyFlorida. com/dbpr O06 July 28 Sep 10 2007 aq/1e/28e7 14:63 gs58d14e749 DEPR OGA PAGE 69/11 tous : we 2 AEE TEE. State of Florid: PQonro! Number er Department of Business and Professional Regulation ; - Division of Hotels and Restaurante Ke. pice THICK www. hospitalityeducation.org COMMENTS SHEET Page? of 3 Addendusn to OBPR Forms HR 5022-005, 5027-014, 5022-045, §022.082. or 5022-083. Forcomments to the Lodging, Food Serviee. or HACCP Inspection; Call Back! nspection Report, or HACCP Ptan Verification NB ~ Chloe Stnccbie Strength Obs Teg Jesh ryt Mn > 208 pp os) 36H ~ Obewvet tuo L2\ Vive Cocerongigs to Wai fe Bee. ie bate bp our by Lins 4 observed ron-hontiad wlensil ein ward to chisagrse fina (non Pe) 2- chswued Dortaine tuith io \olde (Flu Confesines) —— BY = Cheruuk misting ana dornerd Yilys alu jalt-ins a ho - Chser yet ford debris an ! \poe of Seog. oo, a heTedey Teeding Yo 35A ~Chseued +0 C2S Vive _cocurondus under Bee exe yi dodo cr love retin ZB = td ysis Boss SEF Mann. shen Suisse Distt oy) chet! Loe SiR = Observed babecl potdow wrcowees In [voll Crete DBPR Form HFt 5022-042 MyFlorida.com 2001 November 01 Sep 10 200? 14:11 aq/le/eaey 1d:ag 8584146749 DEPR OGA PAGE 18/11 Hort B vi f aE Ex State of Florida aed “ Department of Business and Professional Regulation Division of Hotels and Restaurants www, hospitalityeducation. org WARKING OF DURECT WOTICE: Fatture to bain compliance with this notices at any future inepaction may recult ima direet Notice to Show Cauca, SHOW CAUSE You will be ieeved a Notice to Show Cauze why sanctions should not he sexassed against your licanee, A hearing will be held at time and plans to be [5 Hesring requested C)Dut of business Citomplied ¥ Not complied CJ Pre-conforanee ("Prehearing (20h Stipulation (00 Hearing Order Cother: CoTime extended = dere, Owoer Veme: Dyhanie- Mesdeorants Te pesieesn Ware: file prey Best Seateat. _ Parivar Adiress: UOT S. Cleedane Awe. Business Cit _ SPECT ON b NAME| PLEASE P S ew ( f MyFlonda.corm | 2002 February 08 OBR Form HR SunOS

Docket for Case No: 07-004066