5/69/2616 89:88 8584146749 DEPR OGA May 10 2010 14:27 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. License No. 6501561 HABANA VILLAGE cA f License Type 2010 Respondent Case No, 2009021075 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against HABANA VILLAGE CAFE, (‘Respondent’), and says: 1. Petitioner is the state agency charged with ragutating 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 1 KING ST #103, ST AUGUSTINE, FLORIDA 32084.The mailing address of record is HABANA VILLAGE CAFE, at214* GENTIAN RD., ST AUGUSTINE, FLORIDA 32086. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto gaverning aperation of the establishment. The viclation(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 ofan Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's axpense at an educational program sponsored by the Department'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 rules promulgated thereto. Signed April 22, 2009 0) ¢ Steven van Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnictiff, Lead Attorney Florida Gar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 GERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 7125 8132 | 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: 2009021075 — File Number: 145472 District Number, 05 Form revised 07.07.07 License Number: 6501561 2010 HABANA VILLAGE CAFE 63/66 May 10 2010 14:27 Bag 281le 8g:ae 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 6501561 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009021075 . FG ag clted herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorperated by Chapter 61C, Florida Administrative Code. NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 48-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. , * denotes a critical violation. tig alleged that on June 3, 2008, October 20, 2008 the licensee was in violatian 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 inspaction(s) are attached hereto and incorporated by reference as Exhibit B. * §4,03A-07-1 3-501.16(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.18, 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 A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(8) OR REHEATED 4S SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F, BUTTER AT oanaDS PRESS LINE 70¢F. REPEAT VIOLATION. INSPECTIONS DATED 06/03/08, 03/04/09 AND 03/18/09. 2.14-43-1 4-504.17 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. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER 1S OPENED. OBSERVED EQUIPMENT IN POOR REPAIR. BROKEN DOOR TO SMALL WHITE REACHIN COOLER AT BAR. REPEAT VIOLATION. 315-351 4101.11 FG: ~NONFOOD-CONTACT SURFACES. NONFOOD-CONTACT SURFACES OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. OBSERVED NONFOOD-CONTACT EQUIPMENT EXPOSED TO SPLASH/SPILLAGE NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-ABSORBENT, SMOOTH AND EASILY CLEANABLE. FOILED TRAYS AND COUNTERS IN KITCHEN, UNSEALED WOODEN SHELVES IN COOLER. REPEAT VIOLATION. INSPECTIONS DATED 10/20/08, 03/04/09 AND 03/18/09. * 4.99-00-1 4-602.11(E) FC: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT 1S NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE GCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES, (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS ‘ * denotes critical violation District: 05 Case Number: 2009021075 License Type: 2010 License Number: 6501561 File Number: 145472 HABANA VILLAGE CAFE May 10 2010 14:27 Bag 281le 8g:ae 8584146749 DEPR OGA PAGE 85/86 Exhibit A CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, GOOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD, OBSERVED BUILDUP OF SLIME IN THE INTERIOR OF IGE MACHINE. REPEAT VIOLATION. INSPECTIONS DATED 10/20/08, 03/04/09 AND 03/18/09. : 5. 36-12-1 8-201.11 FC: FLOORS, WALLS, AND CEILINGS. EXCEPT AS SPECIFIED UNDER 6- 201,14, THE FLOORS, FLOOR COVERINGS, WALLS, WALL COVERINGS, AND CEILINGS SHALL BE DESIGNED, CONSTRUCTED, AND INSTALLED $0 THEY ARE SMOOTH AND EASILY CLEANABLE, EXCEPT THAT ANTISLIP FLOOR COVERINGS OR APPLICATIONS MAY BE USED FOR SAFETY REASONS. OBSERVED FLOORS NOT CONSTRUCTED EASILY CLEANABLE, KITCHEN, DRY STORAGE, DISH MACHINE AREA. REPEAT VIOLATION. 6.37-121 6101.11 FC: SURFACE CHARACTERISTICS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (2) OF THIS SECTION, MATERIALS FOR INDOOR FLOOR, WALL, AND CEILING SURFACES UNDER CONDITIONS OF NORMAL USE SHALL BE: (1) SMOOTH, DURABLE, AND EASILY CLEANABLE FOR AREAS WHERE FOOD ESTABLISHMENT OPERATIONS ARE CONDUCTED; (2) CLOSELY WOVEN AND EASILY CLEANABLE CARPET FOR CARPETED AREAS; AND (3) NONABSORBENT FOR AREAS SUBJECT TO MOISTURE SUCH AS FOOD PREPARATION AREAS, WALK-IN REFRIGERATORS, WAREWASHING AREAS, TOILET ROOMS, MOBILE FOOD ESTABLISHMENT SERVICING AREAS, AND AREAS SUBJECT TO FLUSHING OR SPRAY CLEANING METHODS. (B)IN A TEMPORARY FOOD ESTABLISHMENT: (1) IF GRADED TO DRAIN, A FLOOR MAY BE CONCRETE, MACHINE-LAID ASPHALT, OR DIRT OR GRAVEL IF IT IS8 COVERED WITH MATS, REMOVABLE PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED MATERIALS THAT ARE EFFECTIVELY TREATED TO CONTROL DUST AND MUD; AND (2) WALLS AND CEILINGS MAY BE CONSTRUCTED OF A MATERIAL THAT PROTECTS THE INTERIOR FROM THE WEATHER AND WINDBLOWN DUST AND DEBRIS. OBSERVED CEILING NOT SMOOTH AND EASILY CLEANABLE. MISSING CEILING TILES IN S5TOREROOM. REPEAT VIOLATION. 37-13-14 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 HOLE IN CEILING. DRY STORAGE. REPEAT VIOLATION. INSPECTIONS DATED 10/20/08 AND 03/04/09. * 7, 53A-20-1 509.039 FS:: ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO: MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER, THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE; AND 61C-4,023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION AND NO ONE CERTIFIED AT THIS LOCATION. REPEAT VIOLATION, * denotes critical viclation District: 05 Case Number: 2009021075 License Type: 2010 License Number: 6501561 File Number: 145472 HABANA VILLAGE CAFE

Docket for Case No: 10-002476