‘State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. Lo ; License Number 1506191 SAND ON BEACH License Type 2010 Respondent. Case Number. 2012027289 Administrative Complaint The DEPARTMENT OF-BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SAND ON BEACH, (‘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 1005 ATLANTIC ST, MELBOURNE BEACH, FLORIDA 32951.The mailing address of record is SAND ON BEACH, at 249 FIFTH AVE, tNDIALANTIC, FLORIDA 32903. 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 taw are described in Exhibit “A,” attached hereto and incorporated herein by referencé. 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, of 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 June 15, 2012 Uf, Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants ; : an “ 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 onthis___* day of , 2012. : Lo. Received by: : inspector's Signature _ ; : Operator's Signature Title ; me : Title ” Case Number: 2012027289 File Number: 233829 , , . District Number: 04 License Number: 1506191 2010 Form revised 09.10.11 SAND.ON BEACH Le Filed December 17, 2012 11:51 AM Division of Administrative Hearings Exhibit A License Number: 1506191 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012027289 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on March 27, 2012, May 30, 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. * 1.02-13-2 3-603.11 FC CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY: INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEL! CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS, (B) DISCLOSURE SHALL INCLUDE: (yA DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS),"" ""RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER); OR (2) IDENTIFICATION OF THE ANIMAL- DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE-THAT STATES THAT. THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING. THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, . SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. = 02-11-2 64D-3.040(8) FAC ALL FOOD SERVICE ESTABLISHMENTS SERVING RAW OYSTERS SHALL DISPLAY, EITHER ON MENUS, TABLE PLACARDS, OR ELSEWHERE IN PLAIN. VIEW OF ALL PATRONS, THE FOLLOWING NOTICE: CONSUMER INFORMATION: THERE IS A. RISK ASSOCIATED. WITH CONSUMING RAW OYSTERS, IF YOU HAVE CHRONIC ILLNESS OF THE LIVER, STOMACH OR: BLOOD, OR.HAVE IMMUNE DISORDERS, YOU ARE AT GREATER RISK OF SERIOUS ILLNESS FROM _ RAW OYSTERS, AND SHOULD EAT OYSTERS FULLY COOKED. IF UNSURE OF YOUR RISK, CONSULT -APHYSICIAN. =~ THERE WAS NO OYSTER ivARNING SIGN POSTED. * denotes critical violation District: 04 © Case Number: 2012027289 License Type: 2010 License Number: 1506191 . File Number: 233829 SAND ON BEACH Exhibit A 2. 14-37-1 4-01.12 FC:;, CUTTING SURFACES, SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARENOT — CAPABLE-OF BEING RESURFACED, THE CUTTING BOARDS ON THE Cook LINE WERE BADLY GROOVED AND NO LONGER CLEANABLE. 3. 18-04-1 4-603,12 FC:: PRECLEANING. (A) FOOD DEBRIS ON EQUIPMENT AND UTENSILS SHALL BE SCRAPPED OVER A WASTE DISPOSAL UNIT OR GARBAGE RECEPTACLE OR SHALL BE - REMOVED IN A WAREWASHING MACHINE WITH A PREWASH CYCLE. (B) iF NECESSARY FOR EFFECTIVE CLEANING, UTENSILS AND EQUIPMENT SHALL BE PREFLUSHED, PRESOAKED, OR SCRUBBED WITH ABRASIVES. OLD LABELS WERE STUCK TO CLEAN FOOD STORAGE CONTAINERS. 4. 21-12-1 3-304.14(B)(2) FC::_ (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER AT ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES THROUGHOUT THE COOK LINE. * §,31-08-1 5-204.11 FC:: HANDWASHING FACILITY. CONVENIENTLY LOCATED. A HANDWASHING FACILITY SHALL BE LOCATED: (A) TO ALLOW CONVENIENT USE BY EMPLOYEES' IN FOOD PREPARATION, FOOD DISPENSING, AND WAREWASHING AREAS; AND (B) IN, OR © IMMEDIATELY ADJACENT TO, TOILET ROOMS. THERE WAS NO HAND SINK PROVIDED IN THE PREP AREA. THE HAND SINK WAS REQUIRED PER THE APPROVED PLANS. * denotes critical violation ° ; District: 04 Case Number: 2012027289 License Type: 2010 License Number: 1506191. File Number: 233829 ’ SAND ON BEACH

Docket for Case No: 12-004017