State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number. 2014022424 HR EGY GROUP INC rioense Number: al d/b/a PITA PIT, : ype: Respondent. File Number: 258951 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against HR EGY GROUP INC d/b/a PITA PIT, (“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 2309 E FOWLER AVE, TAMPA, FLORIDA 33612.The mailing address of record is HR EGY GROUP INC d/b/a PITA PIT at 2309 E FOWLER AVE, TAMPA, FLORIDA 33612. 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 i 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 599, Florida Statutes, or the rules promulgated thereto. Signed May 28, 2014 / Daniel Erdman, Distriét Mahager 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 71%4 4008 9121 4742 b217 Certificate of Service , BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: te | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2014, Received by: Inspector's Signature Operator's Signature Title Title Case Number. 2014022424 File Number: 258951 District Number: 03 License Number. 3915614 2010 Form revised 01.01.13 PITA PIT Exhibit A License Number: 3915614 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014022424 Itis alleged that on February 28, 2014, May 01, 2014 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. 1.02D-01-4 3-302.12FC Basic: Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking ils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food. Working container of food removed from original container not identified by common name; squeeze bottles by the grill. ** 2. 03A-02-4 3-501.16(A)(2) FC: (A) High Priority: Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Section 3-501.19, and except as specified under Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature control for safety food) shall be maintained: (2) At 41 degrees Fahrenheit or fess, Observed time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Observed taziki sauce held at 47 degrees F, cut lettuce held at 51 degrees F, sprouts held at 50 degrees F and cheese at 48 degrees F on 2/28/14. Observed taziki sauce held at 60 degrees F, cut lettuce at 58 degrees F, cheese at 58 degrees F on 5/1/2014. 3A. 1411-4 4-501.11 FC Basic: (A) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under 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 manufacturer's specifications. (C) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened. Observed door handle on cold hold drawer broken. 3B. 14-47-4 4-104.19FC Basic: Nonfoad-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion- resistant, nonabsorbent, and smooth material. Non food contact equipment exposed to splash/spillage not constructed of materials that are corrosion resistant, non absorbent, smooth and easily cleanable; rack below prep table is rusting/pitted. Case Number: 2014022424 District: 03 License Number: 3915614 License Type: 2010 PITA PIT File Number. 258951 * 4.14-77-4 4-501.41(A) and (B) FC: (A Intermediate. Equipment shan ue maintained in a state of repair and condition that meets the requirements specified under 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 manufacturer's specifications. Reach in cooler not maintaining potentially hazardous (time/temperature control for safety) food at proper temperatures. : * 5.22-28-4 4-601.11(A) FC Intermediate: (A) Equipment food-contact surfaces and utensils shall be clean to sight and touch. Interior of reach-in cooler soiled with accumulation of food residue. ™ 6.29-43-4 §-203.14FC High Priority: A plumbing system shail be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by law, by: (A) Providing an air gap as specified under Section 5- 202.13; or (B) Installing an approved backflow prevention device as specified under Section 5-202. 14. Observed no vacuum breaker on fitting/splitter added to mop sink faucet. 7A. 36-18-4 6-501.11 FC Basic: Physical facilities shall be maintained in good repair. Observed floor tiles cracked, broken or in disrepair; kitchen and dish room. 7B. 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 above dish sink. 8. 38-07-4 6-202.11 FC Basic: (A) Except as specified in Paragraph (B) of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles. (B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, If: (1) The integrity of the packages cannot be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shail be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. Lights above walk-in missing proper shield, sleeve coatings or covers. Light shield damagedi/in disrepair above dish sink. Case Number: 2014022424 District: 03 License Number: 3915614 License Type: 2010 PITA PIT File Number: 258951

Docket for Case No: 14-003153