State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs, Case Number: 2015040617 DA FAMILY BUSINESS LLC. License Number: 6803412 . License Type: 2010 d/b/a ITALIANO'S, File N ber: 279229 Respondent. He Number: / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DA FAMILY BUSINESS LLC. d/b/a ITALIANO'S, (“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 4191 TAMIAM! TRAIL SOUTH, VENICE, FLORIDA 34293.The mailing address of record is DA FAMILY BUSINESS LLC. d/b/a ITALIANO'S at 3537 MINEOLA DRIVE, SARASOTA, FLORIDA 34239. 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 September 15, 2015 Kimberly Torbert, Deputy 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 OTe tli(crem atrelicM \itiit el-1g Tallahassee, Florida 32399-2202 F424 7ab F904 BO43 TLIY 79 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD. | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2015. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2015040617 File Number: 278229 District Number: 07 License Number: 6803412 2010 Form revised 01.01.13 ITALIANO'S Exhibit A License Number: 6803412 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2015040617 It is alleged that on July 09, 2015, July 23, 2015, September 10, 2015 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. 4,02D-01-5 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 oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food. Basic - Working containers of food removed from original container not identified by common name, plastic bins with bread crumbs and flour. **Warning** On call back inspection 9/10/15, flour not labeled. * 2A. 22-03-4 4-601.11(A) FC Intermediate: (A) Equipment food-contact surfaces and utensils shall be clean to sight and touch. Intermediate - Ice chute on self-service drink machine solled/build up of mold-like substance/slime. *Warning** On call back inspection 9/10/15, mold-like substance inside of chute. * 2B, 22-07-4 4-601.11(A) FC Intermediate: (A) Equipment food-contact surfaces and utensils shall be clean to sight and touch. Intermediate - Slicer blade guard soiled with old food debris. *“Warning** ** 3, 29-34-4 5-203.14 FC 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. High Priority - Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb, mop sink. “Warning”* 4. 32-04-4 6-501.19FC,6-202.14 FC&61C-1.004(2)(b) Basic: Except during cleaning and maintenance operations, toilet room doors as specified under Section 6-202.14 shall be kept closed. 6-202.14 Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door. 61C-1.004(2)(b) Bathroom facilities shall be completely enclosed and shall have tight-fitting, self-closing doors. Such doors shail not be left open except during cleaning or maintenance. Bathroom facilities located or, in public lodging establishments or ~ located outside a public food service establishment, may have entrances and exits constructed in such a manner as to ensure privacy of occupants. Basic - Bathroom located inside establishment not completely enclosed with tight-fitting, self-closing doors. **Warning** Case Number: 2015040617 File Number: 279229 District Number: 07 License Number; 6803412 2010 Form revised 01.01.13 ITALIANO'S * §.53B-01-5 509.049(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 perform this function, Food service employees must receive certification within 60 days after employment. Certification 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. Intermediate - No proof of required state approved employee training provided for any employees. (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).**Warning** Case Number: 2015040617 File Number: 279229 District Number: 07 License Number: 6803412 2010 Form revised 01.01.13 ITALIANO'S

Docket for Case No: 16-000807