Feb 16 2009 3:58 2/16/2889 69:56 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, VS. License No. 6009750 DIMITRIS PIZZA, ondent License Type 2010 p . Case No. 2008058348 / STRATIVE COMPLAIN The DEPARTMENT OF BUSINESS AnD. PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RRATAURANTS, ("Patitioner’), files this Administrative Complaint against DIMITRIS PIZZA, (’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. Respondent is, and has been at all times materlal hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record ls 8940 ALEXANDRA CIR, VILLAGE OF WELLINGTO, FLORIDA 33414.The mailing address of record Is DIMITRIS PIZZA, at 8940 ALEXANDRA CIR, VILLAGE OF WELLINGTO, FLORIDA 33414, 3. Inspection of this establishment conducted pursuant to Sac. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto gavarning operation of the establishment. The violation(s) found and applicable jaw are described in Exhibit “A," attached hereto and incorporated herain 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 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 509, Florida Statutes, or the rules proquigated thereto. Signed October 27, 2008 Ken uck, Distriét 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 32399-1007 £ ICATE. ERVIGE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: IHEREBY CERTIFY that a tue and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been , 2008, hand served by me on this day of Racelvad by: Inspector's Signature Operator's Signature Title Title Case Number: 2008058348 Fila Number: 199367 Distret Number; 02 License Number: d009750 2070 . Form revised 07.07.07 DIMITRIS PIZZA 2/16/2889 69:56 8584146749 Feb 16 2009 3:59 DEPR OGA PAGE Exhibit & "License Number: 6009750 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008058348 "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 Provisions", Florida Acminicrative Code, and 610-1.004(5); Florida Administrative Code. “ denotes a critical viotation. . Itis alleged that on August 1, 2008, October 10, 2008 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. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1.03A-04-1 3202.11 FC: (A)-EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, REFRIGERATED, POTENTIALLY HAZARDOUS FOOD SHALL BE AT A TEMPERATURE OF 41 DEGREES FAHRENHEIT OR BELOW WHEN RECEIVED. (B) IF A TEMPERATURE OTHER THAN 41 DEGREES FAHRENHEIT FOR A POTENTIALLY HAZARDOUS FOOD 1S SPECIFIED IN LAW GOVERNING ITS DISTRIBUTION, SUCH AS LAWS GOVERNING MILK AND MOLLUSCAN SHELLFISH, THE FOOD MAY BE RECEIVED AT THE SPECIFIED TEMPERATURE. (C) RAW SHELL EGGS SHALL BE RECEIVED IN REFRIGERATED EQUIPMENT THAT MAINTAINS AN AMBIENT AIR TEMPERATURE OF 45 DEGREES FAHRENHEIT OR LESS. (D) POTENTIALLY HAZARDOUS FOOD THAT IS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED UNDER SECTIONS 3-401.11 - 3-407.13 AND RECEIVED HOT SHALL BE AT A TEMPERATURE OF 135 DEGREES FAHRENHEIN OR ABOVE. (E} A FOOD THAT IS LABELED FROZEN AND SHIPPED FROZEN BY A FOOD PROCESSING PLANT SHALL BE RECEIVED FROZEN. (F} UPON RECEIPT, POTENTIALLY HAZARDOUS FOOD SHALL BE FREE OF EVIDENCE OF PREVIOUS TEMPERATURE ABUSE. ‘OBSERVED POTENTIALLY HAZARDOUS FOOD HELD AT GREATER THAN FORTY-ONE (41) DEGREES FAHRENHEIT....WALK-IN. * 2.04-01-1 4304.41 FC: “COOLING, HEATING, AND HOLDING CAPACITIES, EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED WALK-IN UNABLE TO MAINTAIN TEMPERATURE OF FORTY-ONE (41) DEGREES |. FAHRENHEIT OR LESS. * 3. 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) INA 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 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING 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. A. OBSERVED FOOD CONTAINERS UNCOVERED....WALIC-IN. B. OBSERVED FOOD CONTAINERS ON WALK-IN FLOOR. Case Number: 2008058348 — File Number: 189367 Distrlet Number: 02 License Number: 6009750 2010 Form revised 07.07.07 DIMITRIS PIZZA. ad4/12 2/16/2889 69:56 8584146749 DEPR OGA Feb 16 2009 3:59 PAGE 5/12 * 4.72B-01-1 2407.41 FG: EATING, DRINKING, OR USING TOBACCO. (A) EXCEPT AS SPECIFIED . IN PARAGRAPH (B) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE AND SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION CAN NOT RESULT, (B) A FOOD EMPLOYEE MAY DRINK FROM 4 CLOSED BEVERAGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1) THE EMPLOYEE'S HANDS; (2) THE CONTAINER; AND (3) EXPOSED FOOD: CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED BEVERAGE CONTAINER WITH NO LID, 5. 1302-1 2-402.11 FC: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES' SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; - CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT, 6,15-02-1 610-4.016(2)(B) FAG: (2)(B) OVERHEAD PROTECTION SHALL BE PROVIDED AT ALL FOOD SERVICE OPERATIONS WHEN FOOD IS PREPARED OR PORTIONED ON PREMISES. | A. OBSERVED TOP OF CHEST FREEZER RUSTED. B, OBSERVED FREEZER GASKET TORN AND HANGING OFF. * 7, 83A-09-1 67C-4.023(1) FAC: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ' ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS, ‘OBSERVED NO PROOF OF CERTIFIED FOOD MANAGER CARD WITH FOUR (4) OR MORE FOOD HANDLERS PRESENT. * 8. 53B-08-1 509.049 FS: 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 ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL, THE LICENSEE MAY DESIGNATE AGERTIFIED 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 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. Case Number: 2008058348 File Number: 199967 . Ofstriet Number: 02 License Number: 6009750 2010 Form revised 07.07.07 DIMITRIS PIZZA Feb 16 2009 9:00 2/16/2889 69:56 8584146749 DEPR OGA PAGE §6/12 OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDER, ALL PUBLIC FOOD _ SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT, Case Number: 2008058348 Fila Number: 189387 Distrlet Number: 62 License Number: 6009750 2010 Form revised 07.07.07 PIMITRIS PIZZA

Docket for Case No: 09-000847