4-235 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND: PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ye DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . License No. 1950226 KATHY'S HOT mes dent License Type 2014 P Case No. 2009011643 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against KATHY'S HOT DOGS, ("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 509, Florida Statutes. 2. Respondent is, and has been at ail 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 5050 N LECANTO HWY, BEVERLY HILLS, FLORIDA 34465.The mailing address of record is KATHY'S HOT DOGS, at 728 W ANDERSON LN, CITRUS SPRINGS, FLORIDA 34434. 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 attached as Exhibit “8”, 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 promulgated thereto. Sigi red March 09, 2009 ae a oe Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation w 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 2 se | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2009. STS Hite 4 7UbD 3902 9445 $232 A415 EMRE ES CYOE CORD SENOE ROE COnD MES ee Received by: Inspector's Signature Operator's Signature ee Title Title Case Number: 2009011643 File Numbers: 23108 : District Number: 03 License Number: 1950226 2014 Form revised 07.07.07 KATHY'S HOT DOGS Exhibit A License Number: 1950226 License Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2009011643 “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 4A-3, “Fire Prevention, Genera! Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “* denotes a critical violation. Itis alleged that on November 21, 2008, February 27, 2009 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 report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1. 10-07-1 3-304.12(F) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) INA CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER IS CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D)(7). OBSERVED IN-USE UTENSIL STORED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHEIT. 2.21-12-1 3-304.14(B)(2) FC::_ (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM -FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. * 3.31-12-1 5-205.14(B) FC:: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HANDWASH SINK USED FOR PURPOSES OTHER THAN HANDWASHING; STORE TERRYCLOTH TOWEL. * 4.53B-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 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 14, 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. NO PROOF OF REQUIRED EMPLOYEE TRAINING. Case Number: 2009011643 File Number: 23108 District Number: 03 License Number: 1950226 2014 Form revised 07.07.07 KATHY'S HOT DOGS

Docket for Case No: 09-004335