May 10 2010 14:34 5/69/2616 89:16 8584146749 DEPR OGA State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitlaner, VS. License Number. 6307791 SUGAR BAKERY , License Type 2010 @SPOn rt Case Number 2009036860 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUGAR BAKERY, (‘Respondent’), and says: +. Petitioner is the state agency charged with regulating the operation of public lodging establishments and publle food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2, Respondentis, 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 104 W CENTRAL AVENUE, WINTER HAVEN, FLORIDA 33880.The mailing address of record is SUGAR BAKERY, at 104 W CENTRAL AVENUE, WINTER HAVEN, FLORIDA 33880. : 3. Inspection of thls establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated therete governing operation of the establishment. The violation(s} found and applicable law are 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 mare of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational pragram sponsored by the Department's Hospitality Education Program; suspension, revocation, of refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or th ulgated theret Signed July 13, 2009 7) LIST 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 ete Tallahassee, Florida 32399-1007 ae Seance ELS i. 460 3901 3845 aaa? bL14 Certificate of Service % FT ae ms BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ROeN aul ies | 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 a Title Tithe Gage Number, 2008036860 File Number: 230205 District Number: 03 License Number: 6307791 21110 Form revised 05,20.09 SUGAR BAKERY PAGE 3/87 May 10 2010 14:35 B5/a9/ 2818 89:16 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number: 6307791 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009036860 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61G, Florida Administrative Code. NEPA as cited herein references specific pravisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Gade. “denotes a critical vialation. Itis alleged that on April 28, 2009, June 30, 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 fallowing particulars. Copy(s) of the report(s) for the above referenced Inspection(s) are attached hereto and incorporated by referance as Exhibit B. * 41A.02-07-1 3-S01.17(B) FC: (8) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER 1S OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD 15 HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE BAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY TO EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. * 1B, 02-221 34801,17(A) FG; (A) EXCEPT AS SPECIFIED IN PARAGRAPH (0) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOR SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 44 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. * 2A OBA2B-1 3-305.11 FC; FOOD STORAGE, (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION; (2) \WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR, (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122, (©) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH 4S BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON THE FLOOR; WALKIN FREEZER, * denotes critical violation District: 03 Case Number. 2009036860 . License Type: 2010 License Number: 6307791 File Number: 230205 SUGAR BAKERY May 10 2010 14:35 5/69/2616 89:16 8584146749 DEPR OGA PAGE 85/87 Exhibit A * 2B, 08A26-1 3-302.14{A)(1) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI] OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, OBSERVED RAW ANIMAL FOOD STORED OVER READY TO EAT FOOD; RAW EGGS STORED OVER PRODUCE. : * 9C, OBA-29-1 3-302.11(AN4) FG:; (A) FOOD SHALL BE PROTECTED FROM GROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT, FRONT LINE AREA. + 3.12B-07-1 2407.11 FG: EATING, DRINKING, OR USING TOBAGCO. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, AN EMPLOYEE SHALL EAT, DRINK, OR USE ANY FORM OF TOBACCO ONLY IN DESIGNATED AREAS WHERE THE CONTAMINATION OF EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; UNWRAPPED SINGLE-SERVICE AND SINGLE- USE ARTICLES; OR OTHER ITEMS NEEDING PROTECTION GAN NOT REBULT. (B) A FOOD EMPLOYEE MAY DRINK FROM A CLOSED BEVERAGE CONTAINER IF THE CONTAINER IS HANDLED TO PREVENT CONTAMINATION OF: (1) THE EMPLOYEE'S HANDS; (2} THE CONTAINER; AND (3) EXPOSED FOOD, CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES; AND 386.204 FS: A PERSON MAY NOT SMOKE IN AN ENCLOSED INDOOR WORKPLACE, EXCEPT AS OTHERWISE PROVIDED IN SECTION 386.2045 FS. OBSERVED AN OPEN BEVERAGE CONTAINER ON FOOD PREPARATION TABLE OR OVERI/NEXT TO CLEAN EQUIPMENT/UTENSILS. 4. 14-50-1 4-101.11 FC: CHARACTERISTICS, MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFAGES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT; (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE, AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION, ; OBSERVED A NON FOOD-GRADE BASTING BRUSH USED IN FOOD. * 522-294] 4-601.11(A)FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUGH. OBSERVED ENCRUSTED MATERIAL ON CAN OPENER. * 6A 32-16-41 6-301.42 FC: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING BEVICE, HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. * 6B.32-15-1 6301.14 FC AND 61C-1.004(2)(C) 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 HANDWASH SIGN PROVIDED AT HANDSINK USED BY FOOD EMPLOYEES. * denotes critical violation ‘ ; District: 03 Case Number; 2009036860 License Type: 2010 License Number: 8307791 File Number: 230205 SUGAR BAKERY May 10 2010 14:35 B5/a9/ 2818 89:16 8584146749 DEPR OGA PAGE 86/a7 Exhibit A * 7.93171. 6-301.41 FC: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY, * 8 838-081 509,049 FS: 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 EFFECTIVE 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 4, 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 EMPLOYEE TRAINING. * denotes critical violation . District: 03 Case Number: 2008026860 License Type: 2010 License Number: 6307791 File Number: 230205 SUGAR BAKERY

Docket for Case No: 10-002473