Dec 4 2009 14:08 12/63/2689 88:52 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v8, i 5802808 BAKELYS RESTAURANT license Type 2010 ° Respondent. Case Number 2009039159 i Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitianer”), files this Administrative Complaint against BAKELYS RESTAURANT, (‘Respondent’), and says: 1, Patitioner is the state agency charged with regulating the operation af public lodging astablishments and __ public food service establishments, pursuant to Section 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 and Restaurants. The respondent's business address of record is 346 W FAIRBANKS AVE, WINTER PARK, FLORIDA 32789. The mailing address of record is BAKELYS RESTAURANT, at 2433 HICKORY OAK BLVD, ORLANDO, FLORIDA 32817. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed viciations of the provisions of Chapter 509, Florida Statutes, and for the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law is described in Exhibit “A,” attached hereto and incorporated herein 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 followittg penalties: administrative fine not to exceed $1,000 per offense, 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 July 31, 2009 - Vorors Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney ‘ Florida Bar No. 0487058 Department of Business & Professional Regulatian 1940 North Monroe Street Tallahassee, Florida 32399-2202 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 2009, Received by: Inspector's Signature Operator's Signature Title Title Case Number 2009039159 File Number: 2139468 District Number: 04 License Number: 5802808 2010 Form revised 07.15.09 BAKELYS RESTAURANT 3/17 Dec 4 2009 14:09 12/8g/2889 88:52 8584146749 DEPR OGA PAGE @4/17 Exhibit A License Number: 5802608 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009039159 FC as cited herein references specific provisions of the Food Code, Recormmendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA as cited herein references specific provisions of tne National Fire Protection Association Life Safely Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 610-1.004(5), Florida Administrative Code. * denotes a critical violation. It ig alleged that on September 9, 2008, October 10, 2008, January 28, 2009, January 29, 2008, April 10, 2009, April 14, 2009, July 15, 2008, July 17, 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. " 4,03A-07-1 3-501.16(A) FG: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 OEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO 4 TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.1 1(E) MAY BE HELD ATA TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS, MILK ON ICE WAS 45 DEGREES FAHRENHEIT AT THE SERVER'S AREA, BUTTER ON ICE WAS 62 DEGREES FAHRENHEIT AT THE SERVER'S AREA. ALSO, HALF AND HALF WAS 68 DEGREES FAHRENHEIT AT THE SERVER'S AREA. (TEMPERATURE VIOLATIONS WERE OBSERVED 9/9/08, 40/10/08, 1/28/09, 4/10/09, 7/15/09, AND 7/17/09). . * 2.950-03-1 6-501.112FC:; REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS. DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS SHALL BE REMOVED FROM CONTROL DEVICES AND THE PREMISES AT A FREQUENCY THAT PREVENTS THEIR ACCUMULATION, DEGOMPOSITION, OR THE ATTRACTION OF PESTS. AND 35A04-1 6-501.111FC:; CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B} ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS, (C) USING METHODS, IF PESTS ARE FOUND, | SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS. THERE WERE TWELVE DEAD ROACHES ON THE PREPARATION TABLE, ONE READ ROAGH ON THE FLOOR NEXT TO THE WALK IN COOLER, ONE DEAD ROACH ON THE FLOOR BY THE PIE DISPLAY COOLER, ONE DEAD ROACH ON THE GOOK LINE PREPARATION TABLE NEXT TO THE MIXERS, THREE DEAD ROACHES UNDER THE COOK LINE STEAM TABLE BY THE CLEAN PLATE STORAGE, TWO DEAD ROACHES ON THE FLOOR IN THE SERVER'S AREA, ONE DEAD ROACH BEHIND THE COFFEE MAKER AT THE SERVER'S AREA, TWO DEAD ROACHES ON THE COOK LINE MICROWAVE SHELE, AND ONE LIVE ROACH ON THE PREPARATION TABLE NEXT TO THE MIXER. ALSO, THERE WERE THREE RODENT DROPPINGS ON A CLEAN PAN LID IN THE CLEAN DISH STORAGE AREA. (VERMIN ACTIVITY WAS OBSERVED ON 9/9/08, 10/10/08, 4/28/09, 1/29/09, 4/10/09, 4/11/05, 7/15/09, AND 7197/09), * denotes critical violation District: o4 Case Number: 2009939159 License Type: 2010 License Number: 5802808 File Number: 213946 BAKELYS RESTAURANT Tec 4 2 : 12/63/2889 68:52 s584146749 DEPR OGA mg Bane CERTIFICATE OF SERVICE FULD 3901 44a 2103 Saat - TO: ALEXANDROU BROTHERS INC . : BAKELYS RESTAURANT p 2433 HICKORY OAK BLVD : ORLANDO, FLORIDA 32817 . .. Dapt of Business & Prof. Regulation . SENDER: Civision of Hotels & Restaurants REFERENCE: License No, 5802808 License Type 2010 : Case No. 2009039159 PS Form 9800, Janvary 2008 oo RETURN RECEIPT | SERVICE Certified Feo Raturn Receipt Fee | Total Portage & feos... _.... US Postel Service «| POSTMARK OR DATE ; Mo Insurance Covemge Provided Bo Not Vea far International Mall _). (Receipt tor, on / : Gertifled Mall +4 | Of | cn CA) Bi ERY B, Data of Dalvery iin | | aye F702 9848 #202 S392 i t hs CD) Anent ars Ey Addreneae D. Ipotivery addiass ft ara Loves IFYES, antor deliyglty accross below: Geno 3, Sarvioe Type CERTIFIED MAIL Ta, Feetrletad Delivery? (Extra Fen) Lhves | TT, Article Addrassed 10: Rey ALEXANDROU BROTHERS INC BAKELYS RESTAURANT “at BIST HIC KORY: OAK BLVD ‘ RLANDO,PIORIDA S26 Net eC ENTE EE PORE A arta? Hi an a " : esecrint tT gan ae + “eamaai avant PS Form 3841, January Boge Domestic Meter Reaslpt tase Number: 2009039789 File Number: 213946 License Number: 5302808 2010 BAKELYS RESTAURANT "District Number: 04 Form revised 07.16.08 PAGE 5/17

Docket for Case No: 09-006627