State of Florida Department of Business and Professional Regulation Diviston of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . \ License Number 6011076 DENNY'S REST. dent License Type 2010 espon haa Case Number 2042050463 Administrative Complaint ‘The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Petitioner’), files this Administrative Complaint against DENNY'S REST, ("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 300 CIVIC CENTER WAY, ROYAL PALM BEACH, FLORIDA 33411-1663, The mailing address of record is DENNY'S REST, at 300 CIVIC CENTER WAY, ROYAL PALM BEACH, FLORIDA 33411-1663. 3. Inspection of this establishment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 609, 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-Ineerporated-herein-by-teference: 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 December 10, 2012 SS, Katha Shannie Kallas, 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: 2012050463 File Number: 137667 District Number: 02 License Number: 6011076 2010 Form revised 11.11.42 DENNY'S REST _____areas.subject.to.moisture-such.as-FOOD_preparation_areas,-walk-In-refrigerators, WAREWASHING areas, Exhibit A License Number: 6011076 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012050463 It is alleged that on August 17, 2012, October 29, 2012 Respondent was In violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. “*" denotes a critical violation. * 4,22-27-1 4-601.11(A) FC:: Equipment food-contact surfaces and utensils shall be clean to sight and touch. OBSERVED FOOD-CONTACT SURFACES ENGRUSTED WITH GREASE AND/OR SOIL DEPOSITS: WHITE CUTTING BOARD. 2, 36-11-1 6-101,41 FC:: Surface Characteristics, (A) Except as specified in Paragraph (B) of this section, materials for indoor floor, wall, and celling surfaces under conditions of normal use shall be: (1) SMOOTH, durable, and EASILY ClEANABLE for areas where FOOD ESTABLISHMENT operations are conducted; (2) Closely woven and EASILY CLEANABLE carpet for carpeted areas; and (3) Nonabsorbent for “toilet rooms, mobile FOOD ESTABLISHMENT SERVICING AREAS, and areas subject to flushing or spray” cleaning methods, (B) In a TEMPORARY FOOD ESTABLISHMENT: (1) If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other suitable APPROVED materials that are effectively treated to control dust and mud; and (2) Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris, OBSERVED FLOORS NOT MAINTAINED SMOOTH AND DURABLE: TILE GROUT MISSING. 3. 37-14-1 610-1.004(6) FAC:: (6) All building structural components, attachments and fixtures shall be kept In good repair, clean and free of obstructions, OBSERVED CEILING IN DISREPAIR: PEELING OVER DELFIELD REACH-IN - FRONT COUNTER AREA, * 4, 63B-08-1 509.049 FS: Food service employee training, The division shall adopt, by rule, mininum 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 Case Number: 2012050463 File Number: 137667 District Number: 02 License Number: 6011076 2010 Form revised 11.11,12 DENNY'S REST November 1, 2000, must receive certification within 60 days after employment. Certification pursuant to this section shall remaln 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. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number: 2012050463 — File Number: 137667 District Number: 02 Form revised 14.11.12 License Number: 6011076 2010 DENNY'S REST

Docket for Case No: 13-001060