State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs License Number 6018985 PIZZA LUNA Respondent License Type 2010 espon ha Case Number 2011006367 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against PIZZA LUNA, (“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 ts, 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 205 CLEMATIS ST, WEST PALM BEACH, FLORIDA 33401 The mailing address of record is PIZZA LUNA, at 205 CLEMATIS ST, WEST PALM BEACH, FLORIDA 33401 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 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 more of the following penalties administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed February 07, 2011 Ken Buck, 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 32399-2202 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 , 2011 Received by Inspector's Signature Operator's Signature Title Title Case Number 2011006367 File Number 171819 District Number 02 License Number 6018985 2010 Form revised 10 04 10 PIZZA LUNA Filed January 20, 2012 11:21 AM Division of Administrative Hearings Exhibit A License Number 6018985 License Type 2010 PERMANENT FOOD SERVICE Case Number 2011006367 “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 61C, Florida Administrative Code "NFPA’ as cited herein references specific provisions 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 it is alleged that on June 24, 2010, August 26, 2010, January 10, 2011 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAG), 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 17-07-1 4-30214FC SANITIZING SOLUTIONS, TESTING DEVICES A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED OBSERVED NO CHEMICAL TEST KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE- COMPARTMENT SINK/WAREWASHING MACHINE, * 2 32-16-1 6-30112FC 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 DEVICE OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS: KITCHEN HAND WASH SINK. 3 51-09-1 61C-1 002(5)(B) FAC (B) ANY CHANGES IN THE NUMBER OF SEATS PROVIDED WHICH MAY AFFECT THE LICENSE FEE, THE FLORIDA CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR ANY OTHER SANITATION AND SAFETY REQUIREMENTS PROVIDED IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO THE DIVISION BY THE OPERATOR OBSERVED ESTABLISHMENT DID NOT REPORT SEATING CHANGE THAT AFFECTS THE LICENSE FEE, CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR OTHER RELATED REQUIREMENTS: 12 SEATS OUT WITH A TOTAL OF 34 SEATS AVAILABLE; SOME SEATS STILL STACKED; EMPLOYEES STATE ALL SEATS ARE USED FOR CUSTOMERS WHEN NECESSARY, Case Number 2011006367 File Number 171819 Disteict Number 02 License Number 6018985 2010 Form revised 10 04 10 PIZZA LUNA

Docket for Case No: 12-000336