State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: . 2014046018 EL MEZCAL LLC : License Number: 7100294 License Type: | 2010 d/ofa EL MEZCAL, - File Number: 267834 Respondent. : / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against EL MEZCAL LLC d/b/a EL MEZCAL, (‘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 302 OHIO AVE S, LIVE OAK, FLORIDA °32064.The mailing address of record is EL MEZCAL tLe d/b/a EL MEZCAL at 10898 HWY. 129 S, LIVE OAK, FLORIDA’ 32060. 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 November 03, 2014 Cathy -H. Tuck 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: 7196 9008 9111 2081 9390 THEREBY 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: 2014046018 File Number: 267834 District Number: 05 License Number: 7100294 2010 Form revised 01.01.13 EL MEZCAL — Exhibit A- License Number: 7100294 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014046018 Itis alleged that on July 31, 2014, October 02, 2014 Respondent was in viclation:of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restauranis, 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. ** 4.12A-07-4 2-301,14(H) FC. High Priority: Food employees shall clean their hands and exposed portions of their arms.as specified under Section 2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single- service and single-use articles and: (H) Before’donning gloves for working with food; Observed employee failed to wash hands. before putting on gloves to work with food. .A server came into the kitchen, put on a pair of gloves without washing her hands before scooping chips. 2. 28-14-4 5-402.13 FC .. High Priority: Sewage shall be conveyed to the point of disposal through ° an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained; and operated according to Jaw. Observed evidence of mop/cleaning wastewater dumped onto ground. Outside the back door. ** 3. 53A-05-5 .61C-4.023(1) FAC -: Intermediate: Each licensed establishment shall have a minimum of one certified food protection manager responsible for.all periods of.operation. When four or more employees, at-one time, are engaged in the storage, preparation or serving. of food in a licensed establishment, there shall be at least one certified food protection manager present at all times when said activities are taking place: No currently certified food service manager on duty with four or more employees engaged in food preparation/handling. ‘Seven employees present. Case Number: 2014046018 District: 05 License Number; 7100294 License Type: 2010 EL MEZCAL : File Number: 267834

Docket for Case No: 15-001061