Mar 30 2010 11:01 ga/29/2818 adidd 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, va. NAPOLI PIZZA & NEW YORK OVEN tices Moa2010 Respondent. Case No. 2008045278 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against NAPOLI PIZZA & NEW YORK OVEN, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public faod service establishments, pursuant to Sectlon 20.165 and Chapter 609, Florida Statutes. 2. Respondent ls, and has been at all times material herats, licensed by or subject to the jurisdiction of the Division of Hote's and Restaurants. The respondent's business address of record Is 301 N ATLANTIC AVE, DAYTONA BEACH, FLORIDA 32148.The malling address of racord is NAPOLI PIZZA & NEW YORK OVEN, at 301 N ATLANTIC AVE, DAYTONA BEACH, FLORIDA 32118. 3. Inspection of this establishment canducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the tules promulgated therete governing operation of the establishment, The violation(s) found and applicable law aré described in Exhibit *A," attached hereto and incorporated herein by reference. Inspectlon documents are attached as Exhibit “Br, 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 Respondents expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pureuant to thls Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed August 13, 2008 \ Valerie Freeman, District Manager By delegation of the Director, ar designee Division of Hotels & Restaurants Department of Business & Profeasional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street : Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.5, MAIL, ARTICLE NUMBER: | HERERY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2008. hand served by me on this. day of a Recsived by: {nepector's Signature Operator's Signature re Title : Title C mber, Z00B04527B — File Numbor: 211120 Diatrict Number: 04 Cae Number 7405804 2010 Form ravisad 07.07.07 NAPOLI PIZZA & NEW YORK OVEN Mar 30 2010 11:02 ga/29/2818 adidd 8584146749 DEPR OGA PAGE @4/@5 Exhibit 4 License Number. 7405604 License Type 2010 PERMANENT FOOD SERVICE Gase Number, 2008045278 FC as cited herein referances specific provisions of the Food Code, Recommendations of tha United States Public Health Service, Feed and Orug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA aa cited herein rafarences speaific provisions of the National Fire Protection Association Life Safety Code, incorporated by referance at Chapter 42-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. : * denotes a critical violation, itis allaged that on May 13, 2008, July 14, 2008 the licensee was in violation of Florida Statute 509(F'S) and/or the Rules of the Divislon of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inapection(s) are attached hereto and Incorporated by reference as Exhibit 8. * 1.32-16-1 6-301.14 FC AND 610-1 004(2\(0) FAC: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’. . : NO HAND WASHING SIGN WAS PROVIDED AT THE HAND WAH SINK NEAR THE MIXER AREA. * 9 59p-08-1 $09.049 FAC: 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 £FFECTIVE 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 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. NO PROOF OF REQUIRED EMPLOYER FOOD HANDLER. TRAINING WAS PROVIDED. * denotes critical violation District; 04 Case Number, 2008045278 Licanga Type: 2010 Licenae Number: 7405604 Flie Number: 211120 NAPOLI PIZZA & NEW YORK OVEN

Docket for Case No: 10-001701