Oct $& 2009 16:40 leafar/2aeg 11:21 8584146749 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, . : License No. 3000299 MOCKINGBIRD CAFE ont License Type 2010 pondent. Case No. 2009018630 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION, OIVISION OF HOTELS 4ND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MOCKINGBIRD CAFE, ("Respondent’}, and says: 1. Petitioner is the state agency charged with regutating the operation of public lodging establishments and public food service establishments, pursuant fo Sectian 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels snd Restaurants. The respondent's business address of record is 211 NW 1 STREET, HAVANA, FLORIDA 32333.The mailing address of record is MOCKINGBIRD CAFE, at 211 NW 14 STREET, HAVANA, FLORIDA 32333, 3. Inspection of this establishment conducted pursuant ta Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated therato goveming operation of the establishment. The vialation(s) found and applicable law are described in Exhibit “A,” attached hereto 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 ane or more of the follawing penalties: administrative fine not fo excaed $1,000 per offense; mandatory attendance at Respondent's expense at an educational pragram 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 April 07, 2009 Ken Hensdill, District Martager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gharles 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: 7160 3901 9849 7716 0244 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2008. : Received by: Inspector's Signature Operator's Signature Title Title Gage Number: 2009018630 File Number: 178123 District Number: 08 License Number: 3000299 2010 Form revised 07.07.07 MOGKINGBIRD CAFE Oct & 2009 16:41 leafar/2aeg 11:21 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 3000299 Lleense Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009018630 “FC” as cited herein references specific provisions of the Food Cade, 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 Administrative Gode, and 61C-1.004(5), Florida Administrative Code. “” denotes a critical violation. It if alleged that on November 26, 2008, December 3, 2008, March 12, 2009 the I[censee 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, * 1,09-04-1 4-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES" MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED BAREHAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATE OPERATING PROGEDURE IN EFFEGT (LETTUCE, GHEESE, TOMATOES AND ONIONS), REPEAT VIOLATION, Oistrict Number: 06 Case Number. 2008018620 File Number: 178123 Form revised 07.07.07 License Number. 3000¢98 2010 MOGKINGBIRD CAFE

Docket for Case No: 09-005528