State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. BLUE MAX TAVERN & GRILL riers ee ony Respondent. Case Number 2012015361 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against BLUE MAX TAVERN & GRILL, (“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 5770 W IRLO BRONSON HWY, KISSIMMEE, FLORIDA 34746.The mailing address of record is BLUE MAX TAVERN & GRILL, at 5770 W IRLO BRONSON HWY, KISSIMMEE, FLORIDA 34746. 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 taw 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 March 26, 2012 a Vo a 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 Department 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 foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2012. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012015361 File Number: 135039 District Number: 04 License Number: 5900814 2010 Form revised 09.10.11 BLUE MAX TAVERN & GRILL Filed September 27, 2012 1:50 PM Division of Administrative Hearings we be Exhibit A License Number: 5900914 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012015361 ~ “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. It is alleged that on November 18, 2011, January 20, 2012, February 24, 2012 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. * 4,22-24-4 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 IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (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 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, COOKING 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. THERE WAS A HEAVY BUILDUP OF SLIME ON AND AROUND THE SODA DISPENSING NOZZLES IN THE WAITRESS AREA AND BAR. * 2,32-16-1 6-301.12FC:: 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. THERE WERE NO PAPER TOWELS AT THE HAND SINK IN THE SECOND BAR. Case Number: 2012015361 File Number: 135039 District Number: 04 License Number: 5900914 2010 Form revised 09.10.11 BLUE MAX TAVERN & GRILL :

Docket for Case No: 12-003222