Oct 22 2007 13:23 laf22/28e87 13:17 8584146749 DEPR OGA PAGE 3/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vB. . ; ITALIAN DELIGHT tieenee Toe m1 Respondent, Case No, 2007048578 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ITALIAN DELIGHT, ("Respondent’), and says: 1. Petitioner Is the state aganey 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, licansed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 1756 N HONORE AVE, SARASOTA, FLORIDA 34232. The mailing address of record is ITALIAN DELIGHT, at 1756 N HONORE AVE, SARASOTA, FLORIDA 34232. Ingpaction of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or tha rules promulgated thereto governing operation of the establishment. The violation(e) found and applicable law are described in Exhibit “A,” attached berete 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 mora of the fallowing penalties: administrative fina not to exceed $1,000 par offensa; mandatory attendance at Respendent's experise 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 August 29, 2007 Ma Claudia M, Fi ds. Depuly District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Profassional Regulation bad COUNSEL FOR THE DEPARTMENT: . Charles F. Tunnicliff, Lead Attorney Florida Gar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallanassee, Florida 32399-1007 CERTIFICATE OF SEI BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 9956 0657 | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007, Recaived by: Inspector's Signature Operator's Signature Title Title District Number. 07 Case Number: 2007048578 File Number: 193918 a Form revised 07.07.07 Licanse Number: 6803636 2010 ITALIAN DELIGHT Oct 22 2007 13:24 laf22/28e87 13:17 8584146749 DEPR OGA PAGE @4/12 Exhibit & License Number: 8603636 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007048578 "FC" as cited herain references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61G, Florida Administrative Code, "NFPA" as cited herein references specific provisions of the National Fire Protection Association 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. “*" denotes a critical violation. It is allaged that on August 22, 2007 the lleansee 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 raport(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4, 35A-03-1 6:501,112 FC:: REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS. DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS SHALL BE REMOVED FROM CONTROL DEVICES AND THE PREMISES AT A FREQUENCY THAT PREVENTS THEIR ACCUMULATION, DECOMPOSITION, OR THE ATTRACTION OF PESTS. OSERVED SIX DEAD ROACHES IN THE-BACK OF THE KITCHEN ON THE FLOOR, SIXTEEN DEAD ROACHES UNDER AND AROUND THE PREPARATION TABLE IN THE KITCHEN, SEVEN DEAD ROACHES AND EGG CLUSTERS ON COOK LINE UTENSIL STORAGE SHELF, THIRTEEN DEAD ROACHES AROUND THE HOT WATER HEATER, DEAD ROACHES AND EGG CASES ON STORAGE SHELF AT COOK LINE. * 9.354-05-4 6-501.111 FG:: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF FESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-208.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED FIVE IN BOX OF DATE MARKING DOTS, TWO LIVE ROACHES ON K-CLASS EXTINGUISHER AND TWO LIVE ROACHES ON THE WOODEN TABLE BY THE COOK LINE FRYER. Caee Number: 2007048578 File Number: 193518 District Number: oF License Number: 6803626 2010 Form revised 07.07.07 ITALIAN DELIGHT Oct 22 2007 13:24 laf22/28e87 13:17 8584146749 DEPR OGA a ort B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL, REGULATION Page 1 afd EAT PAGE yal DIVISION OF HOTELS ANG RESTAURANTS wow. JcomAdbpr FOOO SERVICE INSPECTION REPORT LEGAL NOTICE Fallure i comply with this Noting may initings an eciminisinative complain thet may redult in suspension of revocation of your license and fives. 08/22/07,02:55 PM, Routine aaogase : Inepeciion Date and Time inspection Ressan Licanoe Number SICILIAN DELIGHT LINC, EMERGENCY ORDER of suspension of fic Owrar Nama gang7 ist (ITALIAN DELIGHT Area Coda/Telaphone Number Business Nema Inspection Ree 156489 : 08/23/2007 08:00 AN 1201/07 Number of Unite Caltbuck Date/Time License Expiration 1788 N HONORE AVE . SARASOTA, 34292 Addreas / Chy / Stata/ Zip! etc. ikem 03: Food Temperatures llem 538: Cer. Food Managers ligrt 20: Warewashiny Sanitization fawabicken. Ronde machin, ote F | Manager Name: SONIA MAZUERA Celanten , ju prepped , 68 Degrees F,, Cant Date: 02/20/03 Certified Witehen hat a certification date oF DOS 00UD, atm tablewbain maria, 165 Dagraas F, cooked posta, reach inepoter, 42 Degrees F, by: National Registry of Food Safety kitchen has a cortitertion datp of C407 sino . cook ne, 30 Degrees F, Professionals A Heed Suppressant type Fira Bitinguiahar, AClaan K (ype Fire Extinguisher, und vel Tote chepee, nach i comer, 7B Degrees F round inva Wiichan hae a caraication daa of EBUEEOA | Mach in cooler, 47 Dagens Fi haaal OTE: hems mairosd above with an meterisk (“) Incieote a violation Inepecta’s Comments lechig hot water heater 4500 watts -270 dagres tamparature maximum -40 gallon capacity, Observed sanitary gloves and utensils In use during food breparation. Employees trained by Florida FlestauranlAssoclation No Bailer Gin Site. tachnewledge receipt of this Irapaction form and comments. a O8-22-07 Signatura af Recipient Inepactor Signature: Pate Recipient: d Aneto For futher Information please conta: Tithe Pic George Koehler Sanitation & Safety Specialist 4100 Center Pointe Dr. Phone: 944-477-2300 950.487.1995, Fax 288.278.7359 SOURCE LSTaTus "| FHF TEMPERATURE CONTROL in oteppomasouce hr For witesome, sound onation caply, sarc, fn 02 Orginal container, roperylabeieg, dae marting | ino net oos a a WA 02-18 Consumer advlcry on rawiuncercooked als! [NO | P| 7 "03a Gold food at proper temparaturas during storage, Victotions marked Wilh an ssterich avé erica! vicistiona, tome marked IN eré (A compliance, Itena Marked OUT are violations. Speciic detalls of violation are ised an subsequent pages. ftomg marked NIA are Mio! Applicable, Iroms Marked ar NiO arn Not Obanewid, and were not BéiAg conducted at tha the of inseepetion, BPR For HA 5022-018 a5/12 Oct 22 2007 13:24 laf22/28e87 13:17 8584146749 DEPR OGA PAGE §6/12 Page 2 of 4 anil B STATE OF FLORIGA Lee EAT an03ess DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION Business Name DIMIGION OF HOTELS AND RESTAURANTS ITALIAN DELIGHT Inspection Date FOOD SERVICE INSPECTION REPORT " 82207 02:55 PM LEGAL NOTICE Faflure io comply with thie Notion may Initiate an administrative contplaitd thatt niay reault In euEpension or revocation oY your ioenee and fines, 33 Containers covered, adequate number, insect and rodent! Co Unwrapped or potentially hazardous food net ra-netved proof, empiled al proper Intervals, clean 083 Food protection during storage, praparation, display, eat sopietanernenas cme my service, Iransportation 4 Ouiside storage area clean, enclosure properly ongtructed fis bot Croas-contamination, equipment, personnal, storage "OAc Potential for cross-contamination; #orage practlons: STATUS CTAND RODENT CONTRO damagerdi egregated res food Out (38a Frecanoe of inseete/rodents, Animals prohibited [ie [08 Fooda hanclled with minimum canusct [fo muse tood dispensing viens propery eiorea | STaTus [FLOORS WALLS, CEILINGS | i 12a Mande washed and clean, good hygionle practices | (observed), alematve operating plan 2 Legit ided 95 required; S12b Properhygienic practioas, ealng/dinking/ameking =| 139 Rooms and equipment. varned as required evidence) | sts Clean cicthes, halrestaints | 1900 and ws0d, CI FOOD EQUIPMENT AND UTENSILS in 7a Food cotac eres designed, coneruses, [nF Youctams abt anos propty maintained, installed, tocated 42 Premises maintained, free of liter, unnecessary articies. 45 Nonfood contact surfaces designed. constructed, | fearing and maintenance equipment properly stored, maintained, Installed, lecated Kitchen reatricted t authorized personnel "16 Dishwashing facilities designed, constructed, operatad | -_(/43 Complete separation from living/elopping araa, laund 1. Wash 2, Rins® 4. Sanitize 4d "17 Thermometers, gauges, test kits provided [igProfushed, scraped, soaked fut 19 Wash, hinge waler 1834, woper temperature | aoa Saniizng concenveton | P200 Sanita | 2 PL Wining clathe clean, used property, red (| ___—__ 49 Flammatie/compustiie materials properly toned | M29 Food caniaet sufoces of equipment and uensisdean | STATUS | GENERA, Ste gE 51 Other condense sanitary and poration "82 Felee/misieading statements published or advertised 25 Sarviee Items property stored, handled, dispanaed relating to food/bevernge 26 Single service articles not re-used in "Sia Food management cartification valid WATER AND SEWAGE/PLUMBING it _____ [+836 Employee training valkiation SINGLE SERVICE ARTICLES antizing temperature [fs arta cian nts: ast STATUS Eduestion Program Information provided TOILET AND HANDWASHING FACILITIES °31 Tollet and handwashing factkies, number, convenient, designed, Instaned ‘ "32 Restroom with self-closing doors, fixiuiras operate property. facility clan, supplied with hanceoap, disposable a1) || 8] 8 5 a) || | jel | |e ei ‘Total Number of COS Violations; Total Number of Repeat Violstlons: howals or hand drying devices, tissue, covered waste Violations marked with an pswgrisk are crifical vietstions, Items marked IN are In campllonce, tems Markad GUT are violwtions. Specific details of violation art Ned on aubagquent pages, lem marked M/A are Not Appiicabte, tena Marked a4 N/O ere Net Observed, and were not belng conducted at the Unie of Inspection, DBPR Fowm HR 5022-015 Oct 22 2007 13:25 laf22/28e87 13:17 8584146749 DEPR OGA PAGE Page 3 of 4 NY %. STATEOF FLORIDA Hise 9803636 WS PARTMENT OF BUSINESS AND PROFESSIONAL FEGULATION g. sinnas nome DIVIBION OF HOTELS AND RESTAURANTS ai wow vee Dat MT etry Biri Cont OR Intprecitloes FOOD SERVIGE INSPECTION REPORT 08/22/07 02:55 PM LEGAL NOTICE Fedlure %0 comply with this Notice may Inttente on sdiinieieative compbhint that mary reeuil In sukpenelot of revositiot of your loenee and fines. Wartdng(a}: 384-001 Observed dead maches oh premises. 6 deed machas 6n fle at back of kitchen, This vidlation must be Gorrecied by : OB/23407, 954-031 Observed daad roaches on premises, 16 dead roaches under and around preparation table in kitchen, This violation must be corrected by : GA/20/07. 450.03-1-:Onaerved dead noapches on premises, 13 dead roaches around hot water hentar, 354-09-1:Obearved dane roaches on plemizes, observed 7 dead roaches and agg cases In cookling utensi slorage shelf, ‘This wioigtlon must be comeciead by 1 OB/2007. S24 G-1sHand wash sink lacking proper hand diving provisions, observed at right tide sink at J-compartment sink, 22-18-1:Observed dead reaches and egg cases In grorage ahelf et cockiine. 22-22-1:Cbearved encrusted matadal on can openar. 9354-05-1:Observed nach metvity as evidenced by tive moches found, 2 live rodches on k class extinguisher, 2 nearby in bolt hole in wooden table top, et fryer pnda In gookIIne, . A7-02-1:0pserved muniple over 20 hoes In kuchen walls, 2306-1 :Opserved build-up of food debris, dust or dirt.on ehaives at cookline preparation lable, 25-08-t:Obsorved buildup al food dabvis, dust or dirt on aidé of cookling wooden tatda where knives are wedged, 22-1741 :Obeerved soled reachsin coor gaakats at glass door naacnin cooler, 222661 :Observed Interior of back 2 door teachin cooler sted with accumutation of food residue, ORA-26-1:Observed raw snimal fogd stored over neady-to-ent food, aggs over celery in machin cooler. 22-17-1:Oheerved solled reectieln cooler gaskets al frontline reechin coolers, 45—9 16: Observed Portable fire encinguisher tag outetdate, ABC Be 1@+1:No plan review: aubmitied and ronowstions in progress. Observed egtablishment has purchased nalghboring busines and has establishea corridor to new part, new part hes A seatafull Kichan, har area. remocefing of addition is occuring. Existing establichment hae 2 bathrooms, addon has 2, Gbeerved bullding !s sprinkled. Oneerved addtional area io axisting eeumblighment not beiriy ued as of 69/22/07, Thin violation must bo cormected by + ioawo7, 51-09-1: Observed Eatabiehment Sid net maporl seating changa that affects tha Vcenne lee, Clean Indoor Air Act fire safety, bathroom requirements of other related requirements , counted 39 mddions! gests at sdditional purchased area of astablishinent, This violation munt be porrectad by : 10/207. DBPR Forth HR 5022-015 ar/lz Oct 22 2007 13:25 laf22/28e87 13:17 8584146749 DEPR OGA PAGE 8/12 Page 4 of 4 Liewnse Number ert B STATE OF FLORIDA SEAT 6809696 th DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a. sce name andre apra liga ITALIAN DELIGHT Inspection Dat POOD SERVICE INSPECTION REPORT E207 O2:55 PM LEGAL NOTICE Famure io comply with thin Notios may initiate an administrative complaint thet may result in suspension of revocation of your licetwe and fines, 5A-05-1:Observed roach activity at avidaticed by five roaches found, 8 In box of date marking dots, disposed of by management. BPR Fon HR Sze 6 Oct 22 2007 13:25 laf22/28e87 13:17 8584146749 DEPR OGA PAGE 9/12 Page 1 of 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS whew. inryfloride convebpr CALL BACK INSPECTION REPORT LEGAL NOTICE Fafure io. comply with thie Notiow muy inflate an administrative commeint thet may recull in surpertion or revesion of your flemrune ane fines. 08/23/07 O84 AM Waming, & 6 SEAT Callback Ingpectian Date and Time Inspection Reason License Number Ei] u INC. [tine Extended f 5 5 Owner Name Area Code/Telaphana Number ITALIAN DELIGHT Buainass Name (napection Resull 156. 40/23/2007 08:00 AM pavee2007 Number of Units Requested Callback Dale/Time Initial Warning Date 1756 MHONORE AVE ‘ SARASOTA, 14232 Address / Clty | State / Zip / atc. ‘Comments served at estinack Inspaction : No dead roaches, observed evidence of {lve roaches, 7 roaches emerging fram wall seporating kitchen warewasbing aching from front counter walt station. establishment management declares pesl contol was contracted fot, pettormed, Observed no Invoice on mises, management called pest contral company to hand deliver inveiea, invoice will be faxed to DRPR by inspector a6 soon a6 possible. é follwing Hem(s) have been recommended for Time Extension: olation; 81-16-41 lo plan review submitted and renovations in progress. Observad antablishmert has purchased neighboring businges and has astablishad corridor to ew part, new part has 49 seatsfull kitchen, bar area, Remodeling of addition Is occuring. Existing ettablisnment has 2 bathrooms, addition has 2. Dbserved building is sprinkled. Observed additional area to existing establishment not belng used 9s of 08/22/07. This vialation must be corrected hy : Observed Estsblishment did not report seating change that alfects the license fea, Clwan Indoor Alr Act, fia safety, bathroom requirements ‘of other slated raquiraments , counted 89 additional saate at additional purchased ares of eetabiehment, This violation must be corrected by: t0/2d07. Date Signature of Recipiant Inspector Signature Recipient: JAY RIZZO For further information plaase contact: Title pe George Koehler Sanitation & Safety Speciatie 4100 Center Pointe Phone: 941-371-2300 850.407.1395, Fax 230.278.7359 DBPR Form HR 5022-005 Oct 22 2007 13:25 1a/22/2087 13:17 85ad14e7a9 DEPR OGA PAGE Page 2 of 3 License Number val a STATE.OF FLORIDA SEAT esageas th DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DMSIQN OF HOTELS AND RESTALIRANTS Business Name \avew yphorkda com Mbp ITALIAN DELIGHT CALL BACK INSPECTION REPORT Inspection Dale LEGAL NOTICE 08/29/07 08:14 AM Fellure 40 comply with this Notice may Iniate an acknintstrative Complaint that nay feeuit in suapaneion of revocation of your license and fines. igtation: died Tot served Porlahle fire extinguisher tag out-of-date, ABC ation: 37-1264 bserved multipleover 20 holes in kitchen walls, bserved mach activity ag avidanced by live roaches found, 5 ln box of dale marking dots, disposed of by management. AclawOn: I5A-O5-1 eeTved roach setlvlly as avidenced by live reaches found, 2 live reaches on k class extinguisher, 2 nearby In bolt hale In wooden table top, at fryer Wea in cooking, ha following item(s) are In compliance: jalation: 36A-02-4 served dead rogches on premisas, observed 7 dead roaches and egg caged in cookline utensil storage shetf. This violation must be corrected by : 08/23/07. iadaton: 354-03-1 served dead roaches on premises, 16 dead maches under and around preparation tnbla in klichan, Thie violation mus! be coiwacted by : 08/22/07, lation: ASA-02-4 ied dead roaches on premises, 13 dead roaches around hot water heater. iotation: 35A-03-1 ved dead roaches on promicom, 6 dead roaches on floor at back of kitchen, This violaion must be corrected by : 08/23/07. Nolation: 32-18-41 and wash sink lacking proper hand drying provisions, observed at right sida aink at 3-compartment sink. folation; 23-06-1 bsearved bulld-up of food debris, dugt or dirt on shelves al cooklina preparation table, hotatlon: 23-06-71 DBPA Form HR 5022-005 1a/12 Oct 22 2007 13:26 laf22/28e87 13:17 8584146749 DEPR OGA PAGE Page 3 of 3 . Licanee Number STATE OF FLORIDA SEAT 6803636 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS (TALIAN DELIGHT wenn f Inspection fate CALL BAGK INSPECTION REPORT 08/29/07 08:14 AM LEGAL NOTICE Fattune to comply with thie Notice nay Initiate an adminietnstive complaint that may reauit ln suspension or nvocation of your licenes and fines. Pbsorved interior of back 2 door reachdn cooler galled with accumulation of food residue, olation: 22-2264 Pbsarved encrusted material or can Opener. Heigtion: 22-18-41 Dbserved dead roacher and egg cases in storage shelf at cookline, roustion: 22-17-17 Dbserved solfed reach-in cooler gaskerts at glass door reachin cooler. Dbserved sailed reachin cooler gaskets at frontline reachin coolers. rotation; OBA-26-1 Observed raw animat food stored over ready-to-eat food, agas over oslery in reachin cooler, OBPR Form HA S022-005 11/12

Docket for Case No: 07-004810