o . 1a/@6/ 2889 83:55 8584146749 DEPR OGA eee 2003 aes STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. TILLMAN B. License Number 9900000 TILLMAN'S BACKYARD BBQ License Type = 20517 Respondent. Case Number 2008064092 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Cornplaint against TILLMAN'S BACKYARD BBQ, (‘Respondent’), and says: 4, 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 an establishment subject fo the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 521 N US HWY 1, FORT PIERCE, FLORIDA 34950.The mailing address of record Is TILLMAN'S BACKYARD BBQ at 521 NUS HWY 1, FORT PIERCE, -FLORIDA 34950. 3, Based on observation of Respondent's establishment activities and a thorough search of the Division's licensure records, Respondent was determined to be operating without statutorily required licensure, in violation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit "A" of this Complaint. Respandent was therefors issued an Administrative Determination of Non-licansura on November 21, 2008, attached hereto as Exhibit "B" dacumenting the activities requiring licensure and directing Respondent to apply for or renew the required licanse. Respondent thereafter failed to obtain licensure and. was issued an Order of Closure on November 21, 2008, pursuant to Section 509.261(3), Florida Statutes, and attached hereto as Exhibit "C". WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 par offense, mandatory attendance at Respondent's expanse at an educational program sponsored by the Department's Hospitality Education Pragram; suspension, revocation, or refusal of a license Issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. : . Signed'November 25, 2008 UV, * no Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation tase Number, 2008084092 Fila Number: 806 Diatrict Number, 04 . Liganse Number: 9990000 2051 Form revised 07.07.07 TILLMAN'S BACKYARD BBQ PAGE 11/26 1a/@6/ 2889 83:55 Exhibit & Oct 7 2009 9:16 8584146749 DEPR OGA PAGE License Number: NO LIC License Type: 2051 NON-LIGENSED FOOD SERVICE Case Number: 2008064092 1. 509.241(1) FS 509.241 (2) FS Based on the foregoing, itis alleged that on Novernber 21, 2008 Respondent violated the fallowing provisions of Ghapter 509, Florida Statutes, or the rules promulgated thereto: LICENSES; ANNUAL RENEWALS. — Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual ta another... Licenses shall be renewed annually, . . . APPLICATION FOR LICENSE. - Each person who plans ta open & public lodging astablishment or a public foad service astablishment shall apply for and receive a license from the division prior to the commencement of operation. THE OPERATOR WAS SELLING/SERVING POTENTIALLY HAZARDOUS FOOD TO THE PUBLIC WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denotes eritical violation Case Number: 2008064092 District: 04 License Type: 2051 File Numbar: 806 License Number: NO LIG TILLMAN'S BACKYARD BBQ 12/26

Docket for Case No: 09-005462