Sep 23 2010 15:47 aa/22/2818 16:25 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. GARDEN GRILL CAFE license Type 2010 Respondent. Gase Number 2009059713 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against GARDEN GRILL CAFE, (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating 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 subjéct to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of regard is 8425 W HILLSBOROUGH AVE, TAMPA, FLORIDA 33615. The mailing address of record is GARDEN GRILL CAFE, at 8425 W HILLSBOROUGH AVE, TAMPA, FLORIDA 33615. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Ghapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The viclation(s) found and applicable law are described in Exhibit "A," attached herefo 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 of the following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, ar refusal of 4 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Joe Perez, District sige By delegation of the Director, or designee Signed Novembe Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDER ECORDEY [HEREBY CERTIFY that 2 true and correct copy o he oregaing AD hand served by me on this. day of . 2009, 7LbO 3901 9445 8837 8540 essere rapa er ys See ear Received by: Inspector's Signature Operator’s Signature Title Title Case Number 20090539713 File Number: 122057 District Number: 03 License Number; 3910863 2010 Form revised 10.15.09 GARDEN GRILL CAFE Sep 23 2010 15:47 aa/22/2818 16:25 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 3910663 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 20090597 13 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Foad and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fira 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 Code, “™ denotes a critical violation. itis alleged that on August 24, 2009, August 25, 2009, Octoher 26, 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 following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B, 1. 10-02-1 3-304.12(C) FG:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (C) ON A CLEAN FORTION OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ONLY IF THE IN-USE UTENSIL AND THE FOOD-CONTACT SURFACE OF THE FOOD PREPARATION TABLE OR COOKING EQUIPMENT ARE CLEANED AND SANITIZED AT A FREQUENCY SPECIFIED UNDER SECTIONS 4-802.11 AND 4-702.11: IN-USE UTENSIL NOT STORED ON CLEAN PORTION OF EQUIPMENT; OBSERVED ICE SCOOP STORED ON SODA MACHINE GRILL AND ON TOP OF ICE MACHINE, 2.21-12-1 3-304.14(B)(2) FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT AGONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING GLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. 3, 29-18-1 5-205.15FC:: SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE. (A) REPAIRED AGCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR. DRAIN COVER(S) MISSING. * 4,354-08-1 6-501.111FC:. CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL 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 FRUIT FLIES IN DRY STORAGE AREA. : Case Number: 2009059713 File Number: 122057 District Number, 03 Ulcense Number: 3910663 2010 Form revised 10.15.09 GARDEN GRILL CAFE Sep 23 2010 15:47 aa/22/2818 16:25 8584146749 DEPR OGA PAGE 85/86 * §.35B-03-4 6-202.15 FC: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8), (©), AND (E) AND UNDER PARAGRAPH {D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS: AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORGH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (CG) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENGY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE $0 THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOQD ESTABLISHMENT |S LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3} OTHER EFFECTIVE MEANS. (EB) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. OUTER OPENINGS NOT PROTEGTED WITH SELF GLOSING DOORS, BACK DOOR. * 6. 53A-09-1 61C-4.023(1) FAC; (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES’ ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION, Oistrlet Number: 03 Case Number: 2009059713 File Number: 122057 Form revised 10.15.09 License Number, 3910663 2010 GARDEN GRILL GAFE

Docket for Case No: 10-009288