Oct 22 2007 12:35 laf22/28e87 12:28 8584146749 DEPR OGA PAGE 3/15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, MANOLO'S RISTORANTE ITALIANO rivense re oraere Respondent. Case No. 2007037714 ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against MANOLO'S RISTORANTE ITALIANO, ("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 20,188 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at ail times material hereto, ticensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 38445 5 AVE, ZEPHYRHILLS, FLORIDA 33542-4328. The mailing address of record is MANOLO'S RISTORANTE ITALIANO, at 38445 5 AVE, ZEPHYRHILLS, FLORIDA 33542-4328. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed viblations 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 attached as. Exhibit "8, incorporated herein by reference, WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following perialties: administrative fine 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 this Chapter, and/or any other relief authorized by Chapter 508, Florida Statutes, or the rules promulgated theret Signed July 02, 2007 i rez, District Manager By delegation of the Director, or designee 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 Monroe Street Tallahassee, Florida 42399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | 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: ‘ Operator's Signature Inspector's Signature Title Title Case Number 2007037714 District Number: 03 anse Numb Form revised 10.10.08 Licanse Numbet: 6102872 2010 delehdae tpaad MANQLO'S RISTORANTE ITALIANO hcl. Oct 22 2007 12:35 laf22/28e87 12:28 8584146749 DEPR OGA PAGE @4/15 Exhibit A License Number; 6102872 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007037714 : "FC" as cited herein references specific provisions of the 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 Association Life Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Frovisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, ™° denotes a critical violation, Itis alleged that on March 6, 2007, April 27, 2007, June 8, 2007 the licensee was in violation of Florida Statute 50Q(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 8, "1. 08A-28-1 3-305.11 FC: FOOD STORAGE, (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION; (2) WHERE IT 18 NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 8 INCHES ABOVE THE FLOOR ON CASE LOT HANULING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204,122, (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE, OBSERVED FOOD STORED ON FLOOR IN WALKIN COOLER. 2. 14-36-71 4-501.11 FC: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE : MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2, (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED. OBSERVED GASKETS/SEALS ON COLD HOLDING UNIT IN POOR REPAIR, 3. 16-29-1 4-607.11(A) AND (B) FC:: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED iN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUGH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE-KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE ‘WITH MANUFACTURERS! SPECIFICATIONS, OBSERVED MOP/SERVICE SINK IN DISREPAIR ON 3/6/07 AND 4/27/07. OBSERVED MOP SINK HAD BEEN REMOVED ON 6/8/07. 4. 42-03-1 6-504.16 FC:: DRYING MOPS. AFTER USE, MOPS SHALL BE PLACED IN A POSITION THAT ALLOWS THEM TO AIR-DRY WITHOUT SOILING WALLS, EQUIPMENT, OR SUPPLIES. WET MOP NOT HUNG TO DRY. . Case Number: 2007037714 , District Number, 3- License Number 6102872 2010 . Form revised 10.10.06 MANOLO'S RISTORANTE ITALIANO laf22/28e87 12:28 8584146749 DEPR OGA Oct 22 2007 12:36 PAGE @5/15 * $.45-07-4 NFPA 96, 10.2: AUTOMATIC FIRE-EXTINGUISHING SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WITH THE TERMS OF THEIR LISTING, THE MANUFACTURER'S INSTRUCTIONS, AND THE FOLLOWING STANDARDS WHERE APPLICABLE. (1) NFPA 12, STANDARD ON CARBON DIOXIDE EXTINGUISHING SYSTEMS (2) NFPA 13, STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS (3) NFPA 17, STANDARD FOR DRY CHEMICAL EXTINGUISHING SYSTEMS (4) NFPA 17A, STANDARD FOR WET CHEMICAL EXTINGUISHING SYSTEMS : OBSERVED MISALIGNMENT OF HOCD SUPPRESSION SYSTEM NOZZLES OVER FRYERS. * 6. 46-09-1 674C-1.004(10) FAC: EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. EXIT SIGNS NOT PROPERLY ILLUMINATED, REAR EXIT BY OFFICE. * 7.47-06-1 810-7,004(11) FAC: ELECTRICAL WIRING, TO PREVENT FIRE OR INJURY, DEFECTIVE ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR. NO EXTENSION CORDS SHALL BE USED EXCEPT DURING CLEANING, MAINTENANCE AND OTHER TEMPORARY ACTIVITIES. ONLY A WALL SWITCH OR APPROVED PULL CORD SHALL BE PERMITTED IN BATHROOMS, IN ACCORDANCE WITH THE PROVISIONS OF NEPA 70, THE NATIONAL ELECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4-3, FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL BE PROVIDED, OBSERVED EXTENSION CORD IN USE FOR NON-TEMPORARY PERIOD, REACHIN UNIT. * 8.53B-08-1 508.049 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 TO 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 BE 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 AGCORDANGE 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 4, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. NO PROOF OF REQUIRED EMPLOYEE TRAINING. Gase Number: 2007037714 , District Number. 03 License Number: 6192872 2010 Form ravised 10.10.06 MANOLO'S RISTORANTE ITALIANO . ! laf22/28e87 12:28 Oct 22 2007 12:36 8584146749 DEPR OGA PAGE 6/15 vteoretonen rw’ EXHIBIT B " DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. nyflorida .corniidbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice ray Initiate af administrative complaint that may result In suspansion or revocation of your licanse and fines. OG/08/07 12:58 PM Warning 8102872 BEAT Callback Inspection Date and Time Inspection Reason Licanse Number ABED HAZEMS 7157077 Owner Name Area Code/Telephona Number MANOLO’S RISTORANTE ITALIANO Business Name 150 Number of Units 38446 § AVE ADMINISTRATIVE COMPLAINT recommended, inspection Resull 04/27/2007 Requested Callback Qate/Time initial Warning Date ZEPHYRHILLS, 335404328 Address / Chy State / Zip / ete. Comments attention Dan Erdman AC approved by Daniel Erdman, fay number, 213 356 1812, folation: 53B-08-1 Miolatiot; 47-06-1 Miolalton; 48-09-7 [The {allowing Item{s) have been recommended for Administrative Gomplalnt: lp prool of required employee tralning provided, All public food service establishments musi provire tha division with proof oF pmployes iralnlng Upon request, Including, but Pret limited io, al tha {ime of any division inspection of the establishment. Dbserved extension cord in use for non-tamparary period. e.g., prep unl Iexit signs net properly itluminated, rear exl! by office iplation: 45-071 Observed 68/07 ; Date Signature of Recipient . Inspentor Signature Raciplent: Hazem G. Abad For further information please contact: Tith Betty Reitz ° Owner Sanhaton & Safety Speciallxt 3725 W Grace St Phone: 813.715 7077 520 Tampa, FL 38507 OBPR Form HR 022-005 850-487-1395 Oct 22 2007 12:36 lef22/2887 12:28 s58d146749 DEPR OGA PAGE 7/15 LAINDIL 6 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 6102872 DIVISION OF HOTELS AND RESTAURANTS business Neme wwrwmyflorida.comidbpr MANOLO'S RISTORANTE ITALIANO. CALLBACK INSPECTION REPORT inspection Date LEGAL NOTICE o6/O8/07 12:58 PM Failure to camply with this Notice may initlete an adminisirative complaint that may resuit in suspension or revocation of your lleange and fines. frisalignment of hood suppression eysiam nozles, aver fryers folation: $2-03-1 Jat hop nal hung to dry. folathan: 1§-29-7 [ibserved mop/service sink In disrepair, atcallback, mop sink hag boon removed, raptaced by dishmachine innt Is nol inslalied. gtation: 14-361 Pbserved gaskelsiseals on cold holding unit in poor repalr, RIF ‘elation; OBA-RB-1 Dbserved food storad on floor. walkin The fallewing Nem(s) are In compliance: Miotatlon: 46-431 : Emargency light does not functlon when tested, klichean lolstion: 02-06-41 Observed combined ready-to-nat potentially hazardous foed held more than 2d hours hel date marked according to aarflest date of opening/preparation. DBFR Form HR 5022-005 Oct 22 2007 12:36 DEPR OGA PAGE 8/15 | Page 1 EXHIBIT B laf22/28e87 12:28 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _BIVIBION OF HOTELS AND RESTAURANTS www myfiorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure ta comply with this Notice may Initlate.an administrative complain that may result in suspension or revocation of your license and fings. 04/27/07 10:56 AM Warning B102872 SEAT Callback Inspection Date and Tima Inspection Reason . _ bicense Number ABED HAZEM & Time Extended 2187077 Owner Name : . Area Goda/Talephone Number MANOLO'S RISTORANTE ITALIANO Business Name Inspection Result 180 OEORZON7 OADOAM ——C(tit«é ERO Nomber of Units Riequesied Callback Date/Time Initia) Warning Date 33446 5 AVE. ZEPHYRHILLS, 335404328 Address / Glty / State / Zip / etc, Comments hood report dated 3/22/07 repens: electrical to be removed from automan --fryar and charbrotler to be protected July 07. nesd to be centered. Systm operates properly. to notify AHS temodet of kitchen Includes Installing dishmaching by 3 compartment sink. mop sink has been remmaved, submit Plen showing equipment layaul Including top sink. sea wabsite for plan review info and forms—myflorida,com/dbpr The follwing llem(s) have been recommended far Tine Extension: Motathon: §35-08-1 lo proof of required employee {raining provided, All public food service establishments must provide tha division with proof af amployee training upon request, including, but ot Imited to, a! (he ime otany eivisian Inspection of the establishment, olation: 47-06-71 bserved extension card In use fornon-tamporary patlod. e.g. prep ult cleo 46-73 Se 1 ) ae APTA? - Date Signature of Reciplent inspactor Signature Recipient: Jagon Ellingwood aoa ermation please contact: : jetty Reit THe Cook Sanitation & Ssfety Specialist 3725 W Grace st Phone: 813 997 3408 520 Tampa, FL 33607 850-487-1395 OBR Farm HA 5022-005 Oct 22 2007 12:37 laf22/28e87 12:28 8584146749 DEPR OGA STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 6102872 DIVISION OF HOTELS AND RESTAURANTS Business Name Wwwwmyflorida.con/dbpr MANOLO'S RISTORANTE ITALIANO Inspaction Date CALLBACK INSPECTION REPORT LEGAL NOTICE PAGE 89/15 EXHIBIT B 04/27/07 10:56 AM Fallure to comply with this Netlee may Inlfate an administrative complaint thet may result in suspengion or revocation of your Hcense and fines. Emergency light does not function when tested. klichen Aolation: 46-D8+4 Ean signs nol properly Nluminated. rear exi by office Hotalion: 45-07-1 Observed misalignment of hood supprassion sysiam nozzles. ovar fryers jolatlon: 42-03-71 et Mop not hung to dry. folation: 1662964 Dbserver mop/service sink In disrapol, rokstion: 14-361 Observed gaskats/seais on cold haiding unitin poor repair. RIF lotatlon; O84-28-1 Pbserved food stored on oor. walkin lolallon: 02-06-14 bserved combined raady-ic-eat polentialyy hazardous food held mere than 24 hours net date marked according to eprllas! cate pf apening/preparallan. he following Item(s) are In compliance: intlion: 80-081 : Hotel and Restaurant fleenge nol properly displayed, iolation: 47-15-41 Observed an uncoverad electrical box, near ce maker folation: 45-36-17 Hood suppression system tag out-of-date, lolation; 46-35-41 ho currant hood fire suppression sysiem Inspection rapert evallable, ——— a el OBFR Form HA 8022-005 Oct 22 2007 12:37 la/22/2887 12:29 s5adlae7ag DEPR OGA PAGE 18/15 EXHIBIT B STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 6102872 DIVISION OF HOTELS AND RESTAURANTS businese Name wrew myfiortda, corn/dtapr MANOLO'S RISTORANTE ITALIANG CALLBACK INSPECTION REPORT inaevintiel 7107 4058 AM LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative camplalnt thet mey reault in suepension of revocation of your Ilcange and fings. [roistion: 3807-1 Lights missing the proper shield, sleave coatings of cavers, kitehan fotatlar: 25-04-17 pbserved single-service Name slored on fleor, cups on store room lotation; 24-06-1 Dbserved cloan ulensits/equipment slored in diy contalneré. iotation: 22-081 bserved soda gun helsterwith accumulated stimerdepris. ‘otation: 23-06+1 bserved bulld-up of food debris, dust er cit on fositood-eantact curfees, ica maker door Iolallor: 23-03-17 . | peeved bulle-up of grease on nonfood-ceniaet surface, hood Mera elation: 24-1564 Enach-|n freezer not cleaned prior to sceumutetlon of soll residue, lolation: OBA-23-1 Phserved imeroper vertices! separation of raw animal foods and ready-to-eat foods, shell eggs DOBRA Ferm 4A S022-005 Oct 22 2007 12:37 DEPR OGA 11/15 PAGE mage EXHIBIT B laf22/28e87 12:28 8584146749 Fallure to comply with this Notice may Initlate an sciminiairative 03/06/07 01:23 PM STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . BMSION OF HOTELS AND RESTAURANTS wew.myflerda.cam/dbpr FOOD SERVICE INSPECTION REFORT Routine Inspeetion Date and Time ABED HAZEM G Owner Name MANOLO'S RISTORANTE ITALIANO. Inspection Reason LEGAL NOTICE complaint that may result in suspension or ravocatian of your Hcanse and fines. 6102872 SEAT License Number WARNING: Business Nama 159 Inspection Result 04/06/2007 08:00 AM Number of Units 31445 SAVE Callback Date/Time Address / Chy / State / Zip /ate, Viglations In the operation of your establish 7187077 Area Code/Telephone Number Licansa Expiration ZEPHYRHILLS, 435404328 Yer 03: Food Temperatures —ae tem 53a: Cert. Food Managers item 20; Warewashing Sanitization Pouliry, prag areg, 3€ Cmgroma F. Pavitry. pap Aree, 40 Degrees, Pork, prep era, J9 Dagreas F. Pastnfriee, walic In cooler, 40 Oageees F. Ostry products, watt In cooter, 40 Orgran F, Dairy products, ranchin cooler, 39 Degrees F, Manager Name: Hazem Abad Canlicatlon Date: 1/20/04 Certiflad by: National Registry of Food Safaty Professionals Sanitizer Type: Chlorine found at concentration of 100 PPM, bar sink hem 45: Fire Extinguishers ane Fire "A Hood Suppression lype Fira Exllnguighar, - found Invat lichen has 8 cerification data of 8/8 4 Claes H type Fite Extinguisher, found In/ay ichan has & cer|lficntion ple of githg Soups-PHF, cook ling, 184 Qeproos F. ’ NOTE: Items marked above with an asterisk (*} Indicate % violation Inspectors Comments emave hand wash sign irom mop sink ard restrooms that only have cold water Employees trained by Flotida Restaurant Association Provided Wab Site: www.myllorida.comvdbpr t acknowledge receipt of this Inspection form and comments, (Gf (Coty te. 03-06-07 Signature of Recipient Inspector Signature Date Reelpient: hme Abeti For further Information please contact: Batty Reitz Tite WET o Sanitation & Safety Specialist 3725 W Grace St, 520 Phone: 813 715 7027 “850-487-1395 STATUS SOURCE STATUS PHF TEMPERATURE CONTROL In “Cita Approved source : in *O3a Cald food at proper temperalures during storage, i *Y1b-Wholesorte, sound conditton ‘ display, service, "2 Original container, properly jabelec!, date marking In *03b Hot food al proper temperature "o2-11 Consumer edyisory. on raw/undercooked oysters NID *03¢ Foods prapatly cooked/reheated *02-13 Consumer advisory on raw/undercoaked animal "03d Foods properly cooled : *O4 Faciiltlas to malntaln produc! temperature “05 Thermometers provided and conspicuously placed "06 Patent ally hazardous foods properly thawad | Violations marked wilh an asterisk are critical yldations, lems marked IN are In campliance. terns Marked QUT are violations. Speciiic detells of violation are ilsted on NA OBFR Form HR S022-018 la/22/2087 12:28 8584146749 DEPR OGA Oct 22 2007 12:37 PAGE 12/15 CARIB B In 8c Potenitat for cross-contamination; storage practicas; INSERT AND RODENT CONTROL damaged food segregated . "38a Presence of Insecis/rodenis, Animals problbitect Page 2 STATE OF FLORIDA Ee oar DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION f : DIVISION OF HOTELS AND RESTAURANTS Business Name www myfiorida.com/dapr _ MANOLO'S RISTORANTE ITALIAN Inspection Date Foop SERVICE INSPECTION REPORT 03/06/07 01:23 PM Failure to comply with this Notice may Inittata an administrative complaint that may result !n suspension or ravacation of your Hleense and fines. —— STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL In 07 Unwrapped or potentially hazardous food not re-served 33 Containers covered, adequate Aumber, Insect and rodent Out hO8e Foud protection during storage, préparation, display, prof, emptied at proper Iniervals, clean service, Iransportation 34 Outside storage area claan, enclosure properly construcied O86 Cross-contamlnation, equipment, personnel, storage 09 Foods bandied wilh minimum contact *35b Ouier openings protectad from Insects, rodent proof 10. In use food dispensing ulgnslls properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL 36 Floore propery constructed claan, drained, coved 41 Personne! with Infections resirictad 3? Walls, callings, and attached equipment, constructed, clean (observed), alternative operating plan Out 38 Lighting provided as required, Fixtures ehielted “1.2b Proper hygienic practices, eallng/drinkIng/smoking 39 Rooms and equipment - vented 9s required "2a Hende washed and clean, good hygienic practices fa rr ed (evidence) STATUS OTHER AREAS 13 Clean clothes, halrrasiraints 40 Employee lockers provided and used, clean STATUS: FOOD EQUIPMENT AND UTENSILS: In -__|'d1a Toxis items properly stored 5 Our 14 Food contact surfacasdesigned, constructed, In "416 Toxle items labeled and used properly maintatned, Installed, localect ‘Out 42 Premises malntained, irae of litter, unnecessary articles. Dut 75 Nonfood contact eurfetes dasignad, constructed, (Cleaning and maintenance equipment properly stored. Kitehen restrictad to authorized personnel maintained, installed, located | . 16 Dishwashing facilities designed, constructed, operated __|43 Complete separation from living/slesping area, laundry 1. Wash 2, Rinse 3. Saniize 44 Clean and soiled linen segregated and properly stored “17 Thermometers, gauges, last kits provided STATUS SAFETY 18 Pre-flughad, scraped, soaked Out : M45 Fire extinguishers - proper and sufficient 15 Wash, rinse water clean, proper temperature Out "46 Evliing system - adequate, gdod repair “20a Sanitizing concentration Out Pa7 Electrical wiring - adequate, good repair P48 Gas eppliences - properly installed, maintained *20b Sanitizing temperature Out 23 Non-food contact surfaces clean Out “49 Flammablefcombustible maerlals - properly stored GENERAL P60 Currant Hrense properly displayed 21 Wiping cloths ciean, used properly, stored "22 Food contac! surfaces of equipment and utensils claan STATUS Out 24 Storage/handiing of clean equipment, utensils 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES *52 Felsa/misleading stalaments publishad oradvertiged Out 25 Service items properly stored, handled, dispensed relating tc food/bevarage 26 Single setvice articles not re-used In "63a Food management certiflostion valid STATUS WATER AND SEWAGE/PLUMBING Out "B3b Employee training validation “27 Water souree safe, hotand cold under pressure : 54 Florida Claan Indoor Air Act “28 Seweye and waste water disposed properly ” [85 Automatic Gratuity Notice 29 Plumbing installed andmalntalned : 68 Copy of Chapter $09, Florida Stetutes, available +30 Gross-connestion, back siphonaga, backflow STATUS GENEFAL | STATUS TOILET AND HANDWASHING FACILITIES 57 Hospitality Education Program Informetion pravided +91 Tollet and handwashing facilities, number, canvenlent, designed, Installed re Total Number of S03 Violations: *32 Restrooms with self-closing doors, fixtures operate properly, ‘aciity clean, suppliad with handsoap, disposable towels or hand drying devices, tissue, covered waste Total Number of Repeat Viclations: Ld . jarked OUT are viclatlong. Specific detalls of violation are listed on Violations marked with an asieriak are critical vidlations, ems marked {N are In comptlance. items M subsequent pages, tems marked N/A are Nol Appticable. tems Marked as N/O ara Nol Observed, and ware not being condurled al the time of inzpeciion, . OBPR Form HR 3072015 Oct 22 2007 12:38 16/22/2087 12:28 s5adi4e749 DEPR OGA PAGE 13/15 u Page 3 STATE OF FLORIDA cansa Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ,, S©AT 8102872 DIVISION OF HOTELS AND RESTAURANTS ” Business Name werw.myftorida, com/dbpr . MANOLO'S RISTORANTE ITALIAN Inspeciion Date Foon . SERVICE INSPECTION REPORT OS/DB/07 01:23 PM Failure to comply with this Notice may inftlate an sdrnintetrative complaint that may rasult In suspangion or revocation of your licanse and fines, ° Violetlon(s}; 30-05-1:Hotel and Restaurant license not Properly displayert, 28-07-:LIghts rhlasing the proper shletd, sieeve coalings or covers, khehen OBA-28-7 Observed fned stared an floar. walkin OBA-2a-1:Observed Improper vertical seperation of raw animal foods and eady-to-eet foods, shell eggs 48-98-41 currant hood fire suppreselon syaiam Inspaniion report avaliable, 45-36-4:Hood suppression sysiem tag out-of-dele, 16-28-1:Observed mopiservice sink In disrepair, 29-06-7-Obeerved bulld-up of food debris, dust or din on nonfood-contact surface, ice maker door 42-03 1:Wet mop nal hung ta dry. 25-04-1:Obsetved singte-servica items slored en floor, cups on store room 47-15-1:0baerved an uncovered electrical box. naar ioe maker 24-06-1:Observed clean utens!is/equipment sored In diny contalnars. 538-06-7:No proo! of required employee training provided, All public food service establishments must provide (ha division with proof ef employee iralning upon request, Including, but nol dimited to, ai the iime of any division Inspection of the esteblishment. 23-03-4;Observed bullc-up of grease on nenfomd-contact surface. hood filters 45-071 :Cbservad misalignment of heed Suppression system nozzles, avar fryers 22-41:Reach-in freezer nol cleaned prior lo accumulation Of coll residue. 44-36-1:0bserved gaskets/seale on cold holding unlt tn poor repalr, RIF 4G-12-1:Emergeney light does aol function when tested, kitchen 28.08.4:0baerved soda gun holster wilh accumulated siimardebris, OSPR For HR 5022-015 Oct 22 2007 12:38 la/22/2087 12:28 8584146749 DEPR OGA PAGE 14/15 EXHIBIT B Page 4 License Number STATE OF FLORIDA AT Bt ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION austen Name oae72 vi DIVISION OF ee ee URANTS MANOLO'S RISTORANTE ITALIAN Inspection Date FOOD SERVICE INSPECTION REPORT " . LEGAL NOTICE 03/06/07 01:24 PM Fallure to comply with this Notice may inttate an adminisirativa complaint that may result In suspension or revocation of your Ilcanse and fines. 47-06- 1Obsarved extension cord In use for nontamporary parled, ¢.g., prep unl 46-09-47 :8ylt stens not properly tluminated. reat axl by office 02-06-:Observad combined ready-to-eat potertlally hazardaus food hald more Inan 24 hours not date merked according io arllest date of opening/preparstion, DAPA Fern HR 5022-015

Docket for Case No: 07-004818