State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, | vs. License Number 5909083 MIGHTY WINGS, dent License Type 2010 esponeen Case Number 2011023625 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner”), files this Administrative Complaint against MIGHTY WINGS, (“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 subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 53 WEST VINE STREET, KISSIMMEE, FLORIDA 34741.The mailing address of record is MIGHTY WINGS, at 53 WEST VINE STREET; KISSIMMEE, FLORIDA 34741. 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,” att Iched hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B”, corporated 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 bursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the tules promulgated thereto. Signed May 06, 2011 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 Departrnent of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of 2011. ; Received by: : Inspectors Signature ; Operator's Signature j Title | : Title : i ! ' District Number: 04 Case Nuthber 2011023625 File Number: 229936 Ec Form revised 02.02.11 License Number: §909083 2010 MIGHTY pines : ( Filed February 27, 2012 3:35 PM Division of Administrative Hearings Exhibit/A License Number: 5909083 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011023625 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 May 26, 2010, April 13, 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 (FAC), in the following particul ars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 41,03B-03-1 3-501.16 (A)(1) FC:: (A) EXCEPT DURING PREPARATION; COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3- 501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3- 401:11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD ATA TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; ON 5/26/10, CHICKEN WINGS WERE SETTING OUT AT ROOM TEMPERATURE WERE 94-101 F. ON 4/13/11, ONE BATCH OF CHICKEN WINGS WAS 76 DEGREES F NEXT TO THE FRYER., THESE WINGS HAD BEEN OUT OF TEMPERATURE CONTROL FOR MORE THAN FOUR HOURS. ANOTHER BATCH OF CHICKEN WINGS WAS 90-113 DEGREES F NEXT TO THE FRYERS. THERE WAS No PROPER "TIME AS A PUBLIC HEALTH CONTROL" PLAN IN PLACE AND IN USE. * denotes critical violation District: 04 Case Number: 2011023625 License Type: 2010 License Number: 5909083 File Number: 229936 MIGHTY WINGS

Docket for Case No: 12-000776