DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION VS. AEGEAN RESTAURANT State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants Petitioner, License Number 5603698 R dent License Type 2010 espondent. Case Number 2013033147 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS|AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against AEGEAN 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 i is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the “herein by reference. , Division of Hotels and Restaurants. The respondent's business address of record is 1259 EGLIN PKWY, SHALIMAR, FLORIDA 32579.The mailing address of record is AEGEAN RESTAURANT, at 1259 EGLIN - PKWY, SHALIMAR, FLORIDA 32579. _ 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 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 ofa license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, promulgated thereto. COUNSEL FOR THE DEPARTMENT: Mare 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: 7196 9008 9111 0766 8522 Signed August 13, 2013 “Ken Hensdiill, DiStrict Manag By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation t THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2013. . Received by: Inspector's Signature . Operator's Signature Title — Title Gase Number: 2013033147 — File Number: 211483 District Number: 06 License Number: 5603698 2010 Form revised 01.01.13 AEGEAN RESTAURANT ior the rules Exhibit A License Number: 5603698 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013033147 Itis alleged that on May 28, 2013, July 30, 2013 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 high priority violation. * denotes an intermediate priority violation. 1. 08B-42-4 3-305.11(A)(2) and 3-305.12(I) FC Basic: (A) Except as specified in Paragraphs (B)iand (C) of this section, food shall be protected from contamination by storing the foad: (2) Where it is not exposed to splash, dust, or other contamination; Food may not be stored: (I) Under other sources of contamination. Observed food stored in pan on counter not covered. (Lemon wedges in bar area) 2. 08B-46-4 3-305.11(A)(3), (B) and (C) FC Basic: (A) Except as specified in Paragraphs (B) and (C) of this section, food shall be protected from contamination by storing the food: (3) At least 6 inches above the floor. (B) Food in packages and working containers may be stored tess than 6 inches above the floor on casellot handling equipment as specified under Section 4-204. 122. (C) Pressurized beverage containers, cased food i in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture. Observed case/container/bag of food stored on floor in walk-in cooler/freezer. (Case of onions & buckets of food). * Repeat violation. Observed case/container/bag of food stored on floor injdry storage area. (Case of potatoes on floor) ** Repeat Violation 3. i28- 12-4 2-401.11(B) FC Basic: (B) A food employee may drink from a closed beverage container if the container i is handled to prevent contamination of: (1) The employee's hands; (2) The container, and (3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles. Observed employee beverage container in food preparation area does not have a lid and a straw or equivalent dispensing mechanism to prevent hand contact with lip contact area of drink container. (on prep table near back door). * 4.92-29-4 4-601.11(A) FC Intermediate: (A) Equipment food-contact surfaces and utensils shall be clean to sight and touch. Observed encrusted material on can opener blade. 5. 36. 06-4 4-903.11(B) FC Basic: (B) Clean equipment and utensils shall be stored as specified under Paragraph (A) of this section and shall be stored: (1) Ina self-draining position that allows air drying;|and (2) Covered or inverted. Observed single-service articles not stored inverted or protected from contamination. (Styrofoam to-go cups in bar area drink station cup dispenser not covered. ** Repeat violation 6. 36-43-4 61C-1.004(5) FAC Basic: (5) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. | Observed dusty ceiling tiles and/or Air Conditioning vent covers. Case Number: 2013033147 File Number: 211483 District Number: 06 License Number: 5603698 2010 Form revised 01.01.13 AEGEAN RESTAURANT * 7, 53B-13-4 509.049(5) FS Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to pefform this function. Food service employees must receive certification within 60 days after employment. Ceftification 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. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. Observed proof of required State approved employee training not available for some employees. ** Repeat violation District Number: 06 Case Number: 2013033147 File Number: 211483 Form revised 01.01.13 License Number: 5603698 2010 AEGEAN RESTAURANT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: . www.MyFioridaLicense.com STATE OF FLORIDA py, Callback Report FOLLOW-UP INSPECTION REQUIRED Inspector determined violations require further review, but are not an immediate threat to the public. ADMINISTRATIVE COMPLAINT recommended. Inspection Date: Jul 30. 2013 13:54 - Jut 30, 2013 14:08 License Expiration: June 1, 2014 License Number: 5603698 Rank: SEAT Inspection Reason: — Routine - Food Owner Name: PAPADOPOULOS EKATERINI Business Name: AEGEAN RESTAURANT Location Address: 1259 EGLIN PARKWAY License Type: Permanent Food Sarvice SHALIMAR FL 32679 Telephone Number: 678-938-6723 Number of Units: 37 Initlat Warning Date: 2013-05-28 Callback Date: inspector Comments: Quo, Taste. Som Dhegfy Litensau of Quner Signnture inepector Signatue Nicale Tosia dames Lee, Cashlar ‘Sanitation & Safoty Spaciatst 289 Eqn Phwy. 7946 Front Beach Road ‘Shalimar, FL 32579 Panama Gity Bauch, FL 32407 850-812-6120 850-187-1385 Jol 30, 2049 44:07 Jub 30, 2013 14208 stuly 90, 2013, 2:08:01 PM COT Location: AEGEAN RESTAURANT Licance #: SEATS603608 Callback Report Vacsion: 1.0 Inspector: Lee, James OBER Fon HR 5022-005 - Rule 610-1.002, FAC Page: 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www .MyFloridalicense.com ADMINISTRATIVE COMPLAINTS 02C-03-4 Observed: Intermediate - Commercially processed ready-to-eat, potentially hazardous (time/temperature control for/safety) food opened and held more than 24 hours not properly date marked after opening. (MIIk not marked when opened} ™Warning”* 08B-12-4 Observed: Basic - Food stored in pan on counter not covered. (Lemon wedges in bar area) “"Waming” 08B-45-4 Observed; Basic - Caseicontaineribag of food stored on floor In watk-in cooles/freezer, (Case of onions & buckets of, food} “Repeat Viotation™ “Warming” 08B-46-4 Observed: Basic - Caseicontaineribag of food stored on floor in dry storage area. (Cases of potatoes on floor) “Repeat Violation’* “*Warming™ 12B-12-4 Observed: Basic - Employee beverage container in a food preparationiciean dishware area does not have a lid anda equivatent dispensing mechanism to prevent hand contact with lip contact area of drink container. (On prep table near back di “Warning’* straw or joor) 22-22-4 Observed: Intermediate - Encrusted material on can opener blade. “Warning"* 25-06-4 Observed: Basic - Singfe-service articles not stored inverted or protected from contamination. (Styrofoam to go cups in bar drink station cup dispenser not covered) “Repeat Violation™ “Warning 36-43-4 Observed: Basie - Dusty ceiling tiles and/or air conditioning vent covers. “Warning™ 53B-13-4 Observed: Intermediate - Proof of required state approved employee tralning not avaifable for same employees. To order approved program food safety material, calt DBPR’s contracted provider: Florida Restaurant & Lodging Association (SafeStaff} 866-372- 7233. “Repeat Violation" “Warning™ COMPLIED 22-20-4 Observed: Intermediate - Accumulation of black/green mold-like substance in the Interior of the ice machine. “*Repeat Vialation™ ~Warning"" 25-13-4 Observed: Basic - Case of single-service articles stored on floor in dry storage area. (Case of napkins in bar area under countar) »Warning”* 12A-16-4 Observed: High Priority - Employee began working with food, handling clean equipment or utensils, or touching unwrapped single-service items without first washing hands. (Came from outside and proceeded to prep food) **Corrected On-Site™ "*Warning™* 08B-47-4 Observed: Basic - Food not stored at least 6 inches off of the floor. (Raw chicken In cases sitting on sheet pan on Moor in Wit} “Repeat Violatlon™ **Waming™ TADB-4 Observed. Basic - Equipment and utensils not properly aicciced - wet nesting. (Metal pans under counters ““Warning'y 23-09-4 Observed: Basic - Salled reach-in cagler gaskets. Bath reach-in freezers in kitchen - toy edges of qaskets| ““Regeat Violation” Warning" 33-16-4 Observed: Basic - Open dumpstar ld. “*Repeat Violation“ *“*Waming** 12A-09-4 Observed: High Priority - Single-use gloves not changed as needed after changing tasks or when damaged or soiled. (Prep cook came from outside with gloves on and did not wash hands and change gloves before prepping food) **Corrected On-Site’* *"Warning’” uly 30, 2073, 2:09:07 PM COT Localion: AEGEAN RESTAURANT jeans Callback Repon Varsions: 1.0 #: SEATS603698 : ” DBPR Form HR 5022-005 - Rule 61C-1.002, FAC. Page: 2 iuspactor: Leo, James STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. MyFloridaLicense.com 35A-10-4 Observed: High Priority - Live, small flying Insects in food storage area. (In storage area near back door} “Repeat Violation™ Warning’ uly 30, 2013, 2:09:01 PM COT nee LAST PAGE eee Location: AEGEAN RESTAURANT Licansa #: SEATSB03698 Catnack Report Version: 1.0 Ingpactar: Lea, dames DBPR Form HR 6022-005 - Rule 61-1.002, FAC Page: 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. MyFloridaLicense.com EXHIBIT P Food Service Inspection Report FOLLOW-UP INSPECTION REQUIRED Inspector determined violations require further review, but are not an immediate threat to the public. WARNING: Violations in the operation of your establishment must be corrected by July 29, 2013, 8:00:00 AM CDT. Inspection Date: License Number: Owner Namie: Location Address: Number of Units: 01A Food obtained from approved source 01B Food safe and unadulterated; sound condition 01C Shellstock tags; commingling May 28, 2013 12:20 - May 28, 2013 13:29 License Expiration: June 1, 2014 5603698 Rank: SEAT PAPADOPOULOS EKATERINI Routine - Food AEGEAN RESTAURANT Inspection Reason: Business Name: Permanent Food Service 678-938-6723 July 29, 2043, 8:00:00 AM CDT 1259 EGLIN PARKWAY License Type: SHALIMAR FL 325793 97 . Callback Date: FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS 07 Unwrapped or PH/TCS food not re-served Po" 08A Separating raw animal foods from: each other, RTE foods and unwashed produce . 08B Food protection during preparation, storage and OUT display Telephone Number: 01D Parasite destruction for raw/undercooked fish 09 Bare hand contact with RTE food; Alternative Operating Procedure (AOP) 02A Consumer advisory on raw/undercooked oysters 02B Consumer advisory on raw/undercooked animal foods, 02C Date marking ready-to-eat (RTE) potentially hazardous / time/emperature control for safety foods Q3A Receiving and holding PH/TCS foods cold 03B Receiving and holding PH/TCS foods hot 03C Cooking raw animal foods and plant foods; non- continuous cooking of raw animal foods 11 Employee health knowledge; ill/symptomatic employee present 12A Hands clean and washed properly; use of hand antiseptic if use of AOP 42B Employee eating, drinking, tasting food, smoking 22 Food-contact surfaces clean and sanitized 31A Handwash sink(s) installed, accessible, not used for other purposes. 31B Handwashing supplies and handwash sign provided i 03D Cooling PH/TCS foods; proper cooling methods 03E Reheating PH/TCS foods for hot holding 41 53A Food manager certification; knowledge/active managerial control (except employee health) Chemicals/toxic substances O3F Time as a Public Heaith Control §3B State approved food handler training; employee|duty ouT specific training/knowledge 03G. Reduced oxygen packaging (ROP) and other Special Processes May 28, 2013, 1:40:38 PM CDT Location: AEGEAN RESTAURANT License#: SEATS603698 Food Service Inspection Report Version: 1.0 laspector: Lee, James: DBPR Form HR 5022-015 - Rule 61C-1.002, FAC. Page: 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.MyFloridaLicense.com GOOD RETAIL PRACTICES 35A No presence or breeding of insects/rodents/pests; v9] OUT live animais 35B Outer openings protected from insects/pesis, rodent | IN proof 02D Food items properly labeled; original container 04 Facilitiés to maintain PH/TCS foods at the proper temperature 36 Floors, walls, ceilings and attached equipment OUT properly constructed and clean; rooms and equipment properly vented 05 Food and food equipment thermometers provided and accurate 38 Lighting provided as required; fixtures shielded or IN bulbs protected 40 Employee personal belongings IN 42 Cleaning and maintenance equipment IN 08 PH/TGS foods properly thawed 10 In use faod dispensing utensils properly stored 13 Clean clothes; hair restraints; jewelry; painted/artificial fingernails 43 Complete separation from living/sleeping areafprivate premise; kitchen restricted - no unauthorized personnel 14 Food-contact and nonfood contact surfaces designed, constructed, maintained, installed, located 45 Fire-extinguishing equipment (FOR REPORTING PURPOSES ONLY) 46 Exits not blocked or locked (FOR REPORTING PURPOSES ONLY) OUT 47 Electrical wiring/outlets in good repair (FOR REPORTING PURPOSES ONLY) 48 Gas appliances; boiler certificate current/posted| REPORTING PURPOSES ONLY) 49 Flammable/combustible materials (FOR REPORTING PURPOSES ONLY) Current license, properly displayed 16 Dishwashing facilities; chemical test kit(s); gauges 41. Wash 2.Rinse 3. Sanitize 21. Wiping cloths; clean and soiled linens; laundry facilities 23 Non-food contact surfaces clean 24 Storage/handling of clean equipment, utensils; air drying. 25 Single-service and single-use items 27 Walter source safe, hot (100F) and cold under pressure 28 Sewage and waste water disposed properly Other conditions sanitary and safe operation 29 Plumbing installed and maintained; mop sink, water iN Misrepresentation; misbranding filters; backitow prevention 32 Bathrooms Items marked IN are in compliance. Items marked OUT are violations. Specific details of the violations are listed on subsequent pages. Iterns marked N/A are Not Applicable. Items marked as N/O are Not Observed and were not being conducted at the time of inspection, Florida Clean Indoor Air Act Compliance Automatic Gratuity Notice FOOD TEMPERATURES Bar Area Buffet Line Cook Line | Cold table: tomato slices 42°f, shredded lettuce 43°F Front Counter May 28, 2013, 1:40:43 PM CDT Location: AEGEAN RESTAURANT License#: SEAT5603698 Food Service Inspection Report Version: 1.0 Inspector: Lee, James DBPR Form HR 5022-015 - Rula 616-1.002, FAC Page: 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. MyFlordaLicense.com Front Line. Kitchen Prep Area’ Reach in Cooler flounder 41°f, bacon 40°f, crab cakes 42°f #1: shrimp frozen, white fish frozen, ribeye frozen, salmon frozen. fries frozen, crab cakes frozen Mashed potatoes 152°f, rice 137°f, brown gravy 181°f, baked chicken 139°f, 159°f, veggie soup 172°f Reach In Freezer Steam Tabie/Bain Marie Storage Aréa #1: salmon 43°F, shrimp 42°f, diced tomatoes 40°F. #2: white fish 42°F, steak meat 41°F, #2: cheese sticks frozen, clam chowder Wait Station Walk In Cooler Bone-in chicken 38°f, chicken strips 42°f, ground beef 41°F, liquid eggs 39°f Walk In Freezer : Cooking Shrimp 153°f, chicken 171°f OTHER ITEMS Angeliki Rakas certified 1/15/2013 Certified Food Manager and Date Certified: Manager Certified By: | National Restaurant Association Educational Foundation - ServSafe Employees Trained By: Florida Restaurant and Lodging Association Sewage: Municipal/Utitity Water Source: Municipal Boiler: No boiler on site Boiler Jurisdiction and NIA Expiration: Sanitizer Details: Chlorine @ dish machine 100 ppm Inspector Comments: . fi [Ea i, Agno Off. Ekaterini Papadopoulos ‘Owner James Les Salely & Sanitation Specialist 7848 Front Beach Road Panama Cily , FL 32407 1259 Eglin Poy Shalimar, FL 32579 850-613-6120 May 28, 2013 13:29 May 28, 2013, 1:40:48 PM COT Location: AEGEAN RESTAURANT Liconse#: SEATS603608 Inspector: Lee, James Food Service Inspection Report Version: 1.0 DBPR Form HR 5022-015 - Rule 616-1.002, FAG 850-487-1395 May 28, 2013 13:26 Page: 3 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.MyFloridaLicense.com WARNINGS 1 02C-03-4 Observed: Commercially processed ready-to-eat, potentially hazardous {(time/temperature control for safety) food opened and held mere than 24 hours not properly date marked after opening. {Milk not marked when opened) **Warning** Priority: Intermediate 08B-12-4 Observed: Food stored in pan on counter not covered. (Lemon wedges in bar area) *Warning™* Priority: Basic 088B-45-4 Observed: Case/container/bag of food stored on floor in walk-in coolerifreezer. (Case of onions & buckets of food) **Repeat Violation *Warning* Priority: Basic 08B-46-4 Observed: Case/centainer/bag of food stored on floor in dry storage area. {Cases of potatoes on floor} “Repeat Violation” *Warning™ Priority: Basic 08B-47-4 Observed: Food not stored at least 6 inches off of the floor. (Raw chicken in cases sitting on sheet pan on floor in WIC) “Repeat Violation™* **Waming”* Priority: Basic 12A-09-4 Observed: Single-use gloves not changed as needed after changing tasks or when damaged or soiled. (Prep cook came from outside with gloves on and did not wash hands and change gloves before prepping food) “Corrected On-Site** “Warning** Priority: High Priority 42A-16-4 Observed: Employee began working with food, handling clean equipment or utensils, or touching unwrapped single-service items without first washing hands. (Came from outside and proceeded to prep food} **Corrected On-Site** **Warning** Priority: High Priority 12B-12-4 Observed: Employee beverage container in a food preparationiclean dishware area does not have a lid and a straw or equivalent dispensing mechanism to prevent hand contact with lip contact area of drink container. (On prep table near back door} */Warning™ Priority: Basic 22-20-4 Observed: Accumulation of black/green mold-like substance in the interior of the ice machine. **Repeat Violation” “Warning” Priority: intermediate 22-22-4 Observed: Encrusted material on can opener blade. **Warning™* Priority: Intermediate 23-09-4 Observed: Soiled reach-in cooter gaskets. Both reach-in freezers in kitchen - top edges of gaskets) “*Repeat Violation™ **Warning™* Priority: Basic 24-08-4 Observed: Equipment and utensils not properly air-dried - wet nesting. {Metal pans under counter} **Warning"* Priority: Basic 25-06-4 Observed: Single-service articles not stored inverted or protected from contamination. (Styrofoam to go cups in bar drink station cup dispenser not covered) Repeat Violation™ **Waming** Priority: Basic 25-13-4 Observed: Case of single-service articles stored on fioor in dry storage area. (Case of napkins in bar area under counter) “Warning May 28, 2013, 1:40:48 PM COT Location: AEGEAN RESTAURANT License#: SEATS603698 Food Service inspection Report Version: 1.0 inspector: Lee, James DBPR Form HR 5022-016 - Rute 61C-1.002, FAC Page: 4 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.MyFloridaLicense.com Priority: Basic 33.16-4 Observed: Open dumpster lid. **Repeat Violation™* *Warning* Priority: Basic 35A-10-4 Observed: Live, small flying insects in food storage area. (In storage area near back door) “Repeat Violation*™*/*Warning™ Priority: High Priority 36-43-4 Observed: Dusty ceiling tiles and/or air conditioning vent covers. “Warning* Priority: Basic 53B-13-4 Observed: Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR’s contracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233. “Repeat Violation™ “Warning** Priority: Intermediate *“~ LAST PAGE **** May 26, 2013, 1:40:48 PM COT Location: AEGEAN RESTAURANT License#: SEATS603698. Food Service inspaction Report Version: 1.0 Inspector: Lee, James DSPR Form HR 5022-015 - Rute 61C-1,002. FAC Page: 5

Docket for Case No: 13-004236