Mar 30 2010 11:07 ga/29/2818 4:58 8584146749 DEPR OGA PAGE é 63/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitfoner, "OVS. \ License No. 1103079 DQ @ 39 AVE ane dent License Type 2010 pon | rit. Case No. 2008050245 ADMINISTRATIVE COMPLAINT : Tha DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint agalnst DO @ 39 AVE & 1-75, (‘Respondent’), and says: 1, Petitioner Is the state agency charged with ragulating the operation of public lodging establishments and public food service establishments, pursuant to Sectlon 20.185 and Chapter 609, Florida Statutes. 2, Reapondentis, and has been at all times material hereto, licensed by or subjact to the jurisdiction of the Division of Hotels and Restaurants. The raspondent's business address of record is 8700 NW 39 AVE, GAINESVILLE, FLORIDA 32606,The mailing address of record ig DQ @ 39 AVE & +75, at 1035 SW 81 DR, GAINESVILLE, FLORIDA 32607. 3, Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutas, 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 referance. Inspection decuments are attached as Exhibit“B’, incorporated herein by reference. : WHEREFORE, Petltloner respectfully requests entry ofan Order imposing one or more of the following penalties: administrative fina not to exceed $1,000 per offense; mandatory attendance at Respondent's expanse at an educational program sponsored by the Depariment's Hospitality Education Program; 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 rulas promulgated thereto. Signed September 11, 200 Steven vorf Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: ‘ Charies F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE - ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 3577, 0591 THEREBY CERTIFY that a true and correct copy ai the foregoing ADMINISTRATIVE COMPLAINT has baen hand served by me on this, day of , 2008. Received by: Inspector's Signature . Operator's Signature ee Title Title District Number! 05 “2008050246 File Number: 198498 cae innate Form raviged 07.07.07 Lcensa Number: 1102079 2070 DO @ 39 AVE & 1-75 Mar 30 2010 11:07 ga/29/2818 4:58 8584146749 DEPR OGA PAGE a4/a6 Exhibit A License Number: 1103079 License Type! 2010 PERMANENT FOOD SERVICE Case Number: 2008050345 FC as cited herein references specific provisions af the Food Code, Recommendations of the United States Public Health Sarvice, Food and Drug Adminlstration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as clted herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Pravention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Coda. . * denotes a critical violation. Itis alleged that on May 30, 2008, July 31, 2008 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) forthe above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B: 4.15-31-1 4-501.11(A) AND (B) FC: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS, . OBSERVED NONFOOD-CONTACT EQUIPMENT IN POOR REPAIR. LEAK IN WALKIN FREEZER CONDENSER CAUSING MASSIVE ICE BUILDUP. * : 290-024 5-208.14FC: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB. IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202,13; OR (3) INSTALLING AN APPROVED BAGKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. , OBSERVED VACCUM BREAKER MISSING AT HOSE BIBB, FAUCET BEHIND DAIRY MIX MACHINE. REPEAT VIOLATION. * 3.950081 6-501.411 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALI. 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. OBSERVED LIVE FLIES IN KITCHEN. ‘ 4,38-10-1 61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. (OBSERVED LIGHTS NOT FUNCTIONING AT HOOD, IN HALLWAY AND IN WALKIN FREEZER. District: 05 Licanse Type: 2070 Fite Number: 1 98498 * denotes critical violation Case Number: 2008050345 License Number: 1103079 OO @ 39 AVE & 1-75 ; Mar 30 2010 11:07 ga/29/2818 4:58 8584146749 DEPR OGA PAGE 85/86 Exhibit A 5. 64-161 610-1,002(6)(C)(1) FAC: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61C-1 AND 810-4, FAC. SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO GONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. OBSERVED NO PLAN REVIEW SUBMITTED AND EQUIPMENT MOVED SINCE LAST INSPECTION. * denotes critical violation bicense District 5 Nu 2008060345 icense Type: Cae Nant Fila Number: 198498 License Number: 1103079 i DG @ 39 AVE & 1-75

Docket for Case No: 10-001703