State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ‘ License Number 6804358 FILIPPOS PIZZERIA dent License Type 2010 espon ; Case Number 2012000108 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FILIPPOS PIZZERIA, (‘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 6392 N LOCKWOOD RIDGE RD, SARASOTA, FLORIDA 34243.The mailing address of record is FILIPPOS PIZZERIA, at 6392 N LOCKWOOD RIDGE ROAD, SARASOTA, FLORIDA 34243. 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 mare 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 Tules promulgated thereto. Signed January 03, 2012 - Cex aa Gary Tillman, 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 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service ' BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 2588 3266 | HEREBY CERTIFY ‘that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day-of , 2012. Received by: tnspector’s Signature Operator's Signature Title Title Case Number: 2012000108 Fite Number: 244470 District Number: 07 License Number: 6804358 2010 Form revised 09.10.11 FILIPPOS PIZZERIA Filed August 15, 2012 12:51 PM Division of Administrative Hearings Exhibit A License Number: 6804358 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012000108 “EC” 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. Itis alleged that on October 3, 2011, December 7, 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 particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1,02-26-1 3-302,12 FC:: FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOCD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME. OBSERVED OIL AT PIZZA AREA COOKLINE STORED IN JACK DANIELS BOTTLE, MUST CHANGE LABEL, CALLBACK 12/7/11, OBSERVED OIL INSIDE JACK DANIELS BOTTLE, WINE & BRANDY BOTTLES AS WELL AT COOKLINE. * 2.09-04-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. OBSERVED EMPLOYEE PLACING TOPPINGS ON PIZZA WITH BAREHANDS [PEPPERONI, VEGETABLES, CHEESE]. EXPLAINED FOOD CONSIDERED READY TO EAT EVEN IF IT IS INTENDED TO BE COOKED. PROVIDED INDUSTRY BULLETIN. CORRECTED ON SITE. CALLBACK 12/7/11, OBSERVED EMPLOYEE PLACING SALAD & PIZZA TOPPINGS WITH BAREHANDS. EMPLOYEES PUT ON GLOVES WHEN INSPECTORS PRESENCE WAS KNOWN. 3.14-50-1 4-101,11 FC: CHARACTERISTICS. MATERIALS THAT ARE USED INTHE. CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES 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 NONFOOD-GRADE BASTING BRUSH USED IN FOOD. CALLBACK 12/7/11, STILL USING PAINT TYPE BRUSH FOR BASTING. Case Number: 2012000108 — File Number: 244470 District Number: 07 License Number: 6804358 2010 Form revised 09.10.11 FILIPPOS PIZZERIA * 4,22-29-1 4-601.11(A) FG) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED ENCRUSTED MATERIAL ON CAN OPENER. CALLBACK 12/7/11, CAN OPENER SOILED. * 5A 31-09-1 5-205.11(A) FC: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. HANDWASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES, PIZZA STATION HANDSINK HAS SIGN "DON'T USE" TAPED TO IT. CORRECTED ON SITE. CALLBACK 12/7/11, THIS SINK IS NOT OPERABLE. * 5B, 34-12-1 5-205.11(B) FC:: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HANDWASH SINK USED FOR PURPOSES OTHER THAN HANDWASHING, PIZZA BOARD SPATULAS INSIDE HANDSINK IN KITCHEN BY MIXER. CALLBACK 12/7/11, SINK NOT OPERABLE. “ 6,32-16-1 6-301.12 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) AHEATED-AIR HAND DRYING DEVICE. HAND WASH SINKS LACKING PROPER HAND DRYING PROVISIONS, DISHWASH AREA AND PIZZA STATION HANDSINKS. CORRECTED ON SITE. CALLBACK 12/7/11, NO DRYING PROVISIONS. Case Number: 2012000108 File Number: 244470 District Number: 07 Licanse Number: 6804358 2010 Form ravised 09.10.11 FILIPPOS PIZZERIA

Docket for Case No: 12-002749