State of Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, "vs. . \ License Number 6211259 CAPTAIN'S PIZZA RESTAURANT License Type 2010 - Respondent. Case Number 2012030049 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Adrninistrative Complaint against CAPTAIN'S PIZZA RESTAURANT, ("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, ticensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33767.The mailing address of record is CAPTAIN'S PIZZA RESTAURANT, at 462 MANDALAY AVE, CLEARWATER BCH, FLORIDA 33767. 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 July 10, 2012 b a . Joe Perez, 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 foreg ig ADMINISTRATIVE COMPLAINT has been hand served by me on this___ day of ,2012, 7496 9008 9142 0324 4711 Received by: Inspector's Signature Title Case Number: 2012030049 File Number: 141492 License Number: 6211259 2010 CAPTAIN'S PIZZA RESTAURANT Operator's Signature Title District Number: 03 Form revised 09.10.11 Filed December 17, 2012 11:47 AM Division of Administrative Hearings Exhibit A License Number: 6211259 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012030049 “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 April 24, 2012, June 29, 2012 the licensee was in violation of Florida Statute 509(F S) 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, 15-32-1 4-501.11(A) AND (B) FC:; GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS. ‘ OBSERVED GASKETS/SEALS ON REACHIN COOLER UNIT IN POOR REPAIR. * 2,32-05-1 61C-1.004(2)(A) FAC:: (2)(A) BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. OBSERVED BATHROOM FACILITY IN DISREPAIR; POSTED AS "OUT OF ORDER". ' * 3,32-46-1 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 SINK LACKING PROPER HAND DRYING PROVISIONS. Case Number: 2012030049 File Number: 141492 District Number: 03 License Number: 6211259 2010 Form revised 09.10.14 CAPTAIN'S PIZZA RESTAURANT * 4,35B-04-1 6-202.15 FC:: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), 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 ALARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) 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 EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE SO 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 FOOD 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. (E) 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 OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION; BACK DOOR. * §.53B-08-1 509.049 FS: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION, ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND’ APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE: PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL _ EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT TO THIS. SECTION SHALL REMAIN VALID FOR 3 YEARS, ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION. INSPECTION OF THE ESTABLISHMENT. NO PROOF OF REQUIRED EMPLOYEE TRAINING. Case Number: 2012030049 File Number: 141492 District Number: 03 License Number: 6211259 2010 Form revised 09.10.11 CAPTAIN'S PIZZA RESTAURANT

Docket for Case No: 12-004016