Apr 16 2010 15:35 @4/15/2818 16:18 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hatels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, v8, BOGARDS RESTAURANT teense eral 2 Respondent Case Number 2009030676 Administrative Gomplaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against BOGARDS RESTAURANT, ('Respondent’), and says: 1. Petitioner is the state agency charged with requiating the operation of public lodging establishments 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 8282 INTERNATIONAL DRIVE, ORLANDO, FLORIDA 32849. The mailing address of record is BOGARDS RESTALIRANT, at 8282 INTERNATIONAL DRIVE, ORLANDO, FLORIDA 32819. 3, Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revaaled violatians of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The vilation(s) found and applicable law are described in Exhibit “A," aitached 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 af the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent’s expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal of a license issued purstiant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed June 09, 2009 : Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 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 fase Number; 2009030676 File Number, 215527 Distriet Number: 04 Licensé Number: 5803512 2070 Form revised 05.20.09 BOGARDS RESTAURANT 63/86 Apr 16 2010 15:36 4/15/2616 16:18 8584146749 DEPR OGA PAGE 84/86 Exhibit A License Number: 5803512 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009030876 FC as citad herein references specific provisions of the Food Code, Recommendations of the Unitad States Public Health Service, Food and Drug Administration, incorparated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific pravisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on March 16, 2009, May 18, 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 faliawing particulars. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1. 1427-1 §-205.13FC: SCHEDULING INSPECTION AND SERVICE FORA WATER SYSTEM DEVICE, A DEVICE SUCH AS A WATER TREATMENT DEVICE OR BACKFLOW PREVENTER SHALL BE SCHEDULED FOR INSPECTION AND SERVICE, IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND AS NECESSARY TO PREVENT DEVICE FAILURE BASED ON LOCAL WATER CONDITIONS, AND RECORDS DEMONSTRATING INSPECTION AND SERVICE SHALL BE MAINTAINED BY THE PERSON IN CHARGE. AND 1437-4 4501.12 FC: CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. A) THE CUTTING BOARDS AT THE COOK LINE AND MEAT ROOM WERE GROOVED/PITTED AND NO LONGER EASILY CLEANABLE. . 8) THE WATER TREATMENT DEVICE HAD NOT BEEN INSPECTED OR SERVICED ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS. (NO CURRENT DATE ON THE IGE MACHINE WATER FILTER). 2.15-32-1 4-501.11(4) 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. THE WALK IN FREEZER DOOR GASKET WAS TORN AND IN DISREPAIR. ALSO, THE DOOR FOR THE WALK IN FREEZER DID NOT SHUT TIGHTLY CAUSING A HEAVY ICE BUILD UP. * denotes critical violation District: 04 Case Numbar: 2008030876 License Type: 2010 License Number: 5803512 : File Number; 215527 BOGARDS RESTAURANT a4/15/ 2818 14:18 8584146749 Exhibit A 7 3,23-20-1 4602.11(E) FC: SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENS! FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CL DEPR OGA Apr 16 2010 15:36 PAGE S AND EQUIPMENT CONTACTING ANED: (1) AT ANY TIME WHEN (E) EXCEPT WHEN DRY SNSLS AN METHODS ARE USED AS q CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUC’ BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMEN CONDIMENT DISPENSERS AND DISPLAY CONTAINERS, (4) IN BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPON MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION AS TONGS, SCOOPS, OR LADLES; (3) AND UTENSILS SUCH AS QUIPMENT SUCH AS ICE BINS AND NTS OF EQUIPMENT SUCH AS ICE LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (8) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLU MOLD. DE ACCUMULATION OF SOIL OR THERE WAS A BUILD UP OF SLIME INSIDE THE ICE MAGHINE BY THE SERVERS’ STATION, * 4.30-02-1 5-203.14 FC: 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 ROINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE [S TACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTAGHED ANO BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. THE VACUUM BREAKER AT THE OUTSIDE MOP SINK CONNECTION WAS MISSING. * 6.91-08-1 5-204.11 FO: HANDWASHING FACILITY SHALL BE LOCATED: (A) TO ALLOW HANDWASHING FACILITY. CONVENIENTLY LOCATED. A GONVENIENT USE BY EMPLOYEES" IN FOOD PREPARATION, FOOD DISPENSING, AND WAREWASHING AREAS; AND (B) IN, OR IMMEDIATELY ADJACENT TO, TOILET ROOMS. AND 34.0961 5-205.11(A) FG: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SQ THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. ‘THE HAND SINK AT THE PANTRY COOK LINE HAD BEEN REM * denotes critical violation * Gase Number: 2009030676 Licensa Number; 5803512 BOGARDS RESTAURANT OVED. District: 04 License Type: 2010 File Nurnber: 215527 85/86

Docket for Case No: 10-002079