State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, = Case Number: 2016049208 DEBARD VENTURES INCORPORATED — ai oa d/b/a CUPS FROZEN YOGURT, = ane ce ane Respondent. ile Number: 19 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DEBARD VENTURES INCORPORATED d/b/a CUPS FROZEN YOGURT, (“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 2605 S SR 7 #420, WELLINGTON, FLORIDA 33414.The mailing address of record is DEBARD VENTURES INCORPORATED d/b/a CUPS FROZEN YOGURT at 2605 S SR 7 #420, WELLINGTON, FLORIDA 33414. 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. 4 Z. LDA ~ Stewart Shapiro, District Manager By delegation of eine or designee Division of Hotels“& Restaurants Department of Business & Professional Regulation Signed October 27, 2016 COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation ait i 2601 Blair Stone Road Certified Article Number Tallahassee, FL 32399-2202 qui4 7266 9904 2040 5067 L9 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 , 2016. Received by: Inspector's Signature Operator's Signature Title Title District Number: 02 Case Number: 2016049208 _ File Number: 266019 Form revised 04.01.16 License Number: 6021055 2010 CUPS FROZEN YOGURT Exhibit A License Number: 6021055 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2016049208 It is alleged that on March 24, 2016, August 11, 2016, October 18, 2016 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. * 4.27-16-4 5-202.12(A) FC Intermediate: (A) A handwashing sink shall be equipped to provide water at a temperature of at least 100 degrees Fahrenheit through a mixing valve or combination faucet. Observed - From inspection on 2016-03-24: Intermediate - Hot water not provided/shut off at employee handwash sink: front counter hand sink, both bathroom hand sinks. From follow-up inspection on 2016-08-11: Hot water takes at least 90 seconds to come to the front and bathroom hand sinks **Time Extended** From follow-up inspection on 2016-10-18: No hot water at hand sinks. Both bathrooms and front counter hand sink. ** 2a. 29-34-4 5-203.14 FC High Priority: A plumbing system shall 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 - From inspection on 2016-03-24: High Priority - Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Need for each ice cream machine hose bibb. From follow-up inspection on 2016-08-11: Not installed **Time Extended** From follow-up inspection on 2016-10-18: Vacuum breakers not the installed. ** 2b, 29-42-4 §-203.14 FC High Priority: A plumbing system shall 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 - From inspection on 2016-03-24: High Priority - Vacuum breaker missing at mop sink faucet or on fitting/splitter added to mop sink faucet. From follow-up inspection on 2016-08-11: Not installed **Time Extended** From follow-up inspection on 2016-10-18: Vacuum breakers not the installed. District Number: 02 Case Number: 2016049208 File Number: 266019 Form revised 04.01.16 License Number: 6021055 2010 CUPS FROZEN YOGURT

Docket for Case No: 16-007248