U U : A 27) ¥ ee & “og STATE OF FLORIDA @ : On DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION: e a! Department of Business and Professional Regulation, LS M5 Division of Hotels and Restaurants, Petitioner, * Case Number: 7-99-74 (JO (y 76 License Number: 21-00455-R MA'S RESTAURANT, INC. d/b/a WHITE HOUSE RESTAURANT 1716 AIRPORT ROAD NAPLES, FL 33962-3813 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter referred to as Division") files this administrative complaint against MA’S RESTAURANT, INC. (hereinafter referred to as "Respondent'). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The Division has jurisdiction over the subject matter of, and the parties to, | this proceeding pursuant to Chapter 509, Florida Statutes. 2. At all times relevant to the facts alleged in this administrative complaint, Respondent held a license number: 21-00455-R for the operation of a public food service establishment. Respondent's last known address of record is 1716 AIRPORT ROAD, NAPLES, FL 33962-3813. 3. Petitioner seeks to revoke; suspend; impose administrative fines; impose a civil penalty; require corrective action, and additional or other penalties as may be provided for by law or rule, or any combination thereof. Rev. 03/18/99 COUNTS 4. Petitioner realleges and incorporates by reference, as if fully stated herein, the allegations contained in paragraphs 1 through 2, above. 5. The factual allegations and charges are specifically set forth in the attached Exhibit A, incorporated by reference in this administrative complaint as if fully and completely restated herein. Each listed violation is a separate charge. WHEREFORE, the Division of Hotels and Restaurants hereby charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civil/administrative penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof. ZA. KZ District Raministrator Division of Hotels and Restaurants SIGNED May 06, 1999 Rev. 03/18/99 License NO: 21-00455-R Case NO: 7-99-174 Business Name: WHITE HOUSE RESTAURANT VU U MEDIATION Section 120.573 Mediation Disclosure: This is an action that may affect your substantial interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges, pursuant to chapter 120, FS, and as further detailed in this notice. AMERICANS WITH DISABILITIES Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this proceeding is asked to advise the agency at least forty-eight (48) hours before the proceeding or hearing by contacting the Office of Compliance, 1940 North Monroe Street, Tallahassee, FL 32399-1012, or telephone number 850/488-9263. If you are hearing or speech impaired, please contact the agency by calling 1 (800) 955-8771 (TDD) CHAPTER 120 Pursuant to Chapter 120, Florida Statutes, you have the right to a hearing, either: 1) a hearing involving disputed issues of material fact before the Division of Administrative Hearings (formal hearing), or 2) a hearing not involving disputed issues of material fact before the Division (informal proceeding). All hearings are conducted in English. If you wish to have either a formal hearing or an informal proceeding, you must ask for it in writing within 21 days following receipt of this Administrative Complaint. You may use the Request for Hearing form that accompanies this complaint. If your request for a formal hearing, an informal proceeding or the settlement stipulation is not received by the Division with a postmark no later than 21 days following receipt of this complaint, your right to a formal hearing or informal proceeding is waived. The Division will then enter a final order of default against you. The final order of default could require you to cease and desist from activities found to be unlawful, suspend or revoke your license or permit, impose civiladministrative penalties and/or require such other relief as may be authorized by law. If the Division does not accept the settlement offer, and it was filed within 21 days of receipt of this complaint, it will be considered a timely request for an administrative hearing. ; The written request must be filed with the Compliance Administrator, DBPR, 1940 North Monroe Street, Tallahassee, FL 32399-1012. The written request must contain the following information: 1. The name and address of the party making the request. 2. A statement that the party is making a request for either a formal hearing or an informal proceeding. Rey. 03/18/99 License NO: 21-00455-R Case NO: 7-99-174 Business Name: WHITE HOUSE RESTAURANT U ‘oS 3. Areference to the Administrative Complaint that the party has received. 4. A statement setting forth all issues of material fact that are disputed, if any. Specifically, you must identify each material fact in the Administrative Complaint that you dispute and state any factual grounds upon which you base your dispute. If there is a formal hearing, you have the right to appear in your own behalf, be represented by your attomey, bring witnesses and evidence, cross-examine any witnesses produced against you by the state, and have subpoenas and subpoena duces tecum issued on your behalf. If you have requested and are entitled to a formal hearing, you will be notified of the time, place, and date of the hearing. You may file exceptions to a recommended order issued by the administrative law judge. If there is an informal proceeding, you have the right to provide the Division with any written documentation or legal arguments that you wish the Division to consider in mitigation of the charges contained in this Administrative Complaint. You will be entitled to present written or oral evidence in accordance with section 120.57(2), Florida Statutes, In an informal proceeding the facts as alleged in the Administrative Complaint are deemed admitted, and evidence in mitigation of the facts may be presented at the informal proceeding. If there is an informal proceeding, you will be notified as to the time period within which to submit written documentation or tegal argument that you wish the Division to consider in mitigation of the charges in this Administrative Complaint. SERVICE: | hereby certify that a true copy of the Administrative complaint has been served this day of , 19 . Personal Service by P OL3 O54 1497 1S Pastal Sarvica Certified Mail # (Attach receipt if se SENDER: =Complete itams 1 and/or 2 for additional services, ™Complete items 3, 4a, and 4b, ™Print your name and address on the reverse of this form so that we can return this extra fee): card to you, mAttach this form to the front of the mailpiace, or on the back if space does not permit. . ™White "Return Receipt Requested” on the mailpiece below the article number, “ye Retum Receipt will show to whom the article was delivered and the date lelivered. * 3. Article Addressed to: . Ma's Restaurant, Inc. om White House Restaurant anal: 1716 Airport Road a Naples, Fl 33962-3813 Received By/Serve Title: 4a. Article Number P 063 054 4b. Service Type 197 Conspicuously pos . Co Pn? F 5. Received By: (Print Name) and fee is paid) Is your RETURN ADDRESS completed on the reverse side? Rev. 03/18/99 License NO: 21-00455-R 6. Signature: (Addressee or Agent) Case NO: 7-99-174 X EEE: Business Name: WHITE HOUS “Ps Form 3811, December 1994 ! also wish to receive the following services (for an 1. O Addressee’s Address 2. C1 Restricted Delivery Consult postmaster for fee. O Registered Q Certified () Express Mail 0 Insured (X) Retum Receipt for Merchandise [1] COD 8. Addressee's Address (Only if requested Thank you for using Return Receipt Service. Domestic Fetum Receipt w be ee VU UV CONTROL#21~-00455-R CASE #07-99-174 Page 1 of 2 VIOLATIONS It is alleged that on April 8 & 23, 1999 the licensee was in violation of Florida Statute 509 and /or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in the following particulars: 1) VIOLATION: 4-204.112(B) Fc Except as specified in { (C) of this section, cold or hot holding EQUIPMENT used for POTENTIALLY HAZARDOUS FOOD shall be designed to include and shall be equipped with at least one integral or permanently affixed TEMPERATURE MEASURING DEVICE that is located to allow easy viewing of the device's temperature display. (5) Observed: Thermometers missing in all coolers. 2) VIOLATION: 4-601.11(C)FC NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris. (23) Observed: Baffles in fire suppression system have a buildup of grease. 3)* VIOLATION: 5-205.11(A) FC BR handwashing lavatory shall be maintained so that it is accessible at all times for EMPLOYEE use. (*31) Observed: Hand washing sink is blocked by a brief case being in it. 4) VIOLATION: 61C-1.004 (2) (c) FAC Handwashing signs shall be posted in each bathroom used by employees. (32) Observed: Employee hand washing signs missing in employee bathroom. 5) VIOLATION: 6-301.12 (A) FC Each handwashing lavatory or group of adjacent lavatories shall be provided with individual, disposable towels. (32) Observed: Towels not available at kitchen hand sink. 6) VIOLATION: 6-301.11 FC Each handwashing lavatory or group of 2 adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap. (32) Observed: Soap not available at kitchen hand sink. EXHIBIT A 7) 8) 9) VIOLATION: 61C-1.004 (6) FAC CONTROL#21-00455-R CASE #07-99-174 Page 2 of 2 All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. (37) Observed: Wall broken at kitchen hand sink. VIOLATION: 6-202.11(A) FC Except as specified in q (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. (38) Observed: Lights not shielded in kitchen. VIOLATION: 61C-1.004 (10) FAC Means of access must permit unobstructed travel at all times and be maintained free of obstructions and fire hazards. Halls, entrances and stairways shall be clean, ventilated and well-lighted day and night. Hall and stair runners shall be kept in good condition. Hand rails shall be installed on all stairways and guard rails around all porches and steps. Adequate means of exit shall be provided pursuant to NFPA 101. Exits shall be clearly marked with approved illuminated exit signs. (46) Observed: Rear exit light out.

Docket for Case No: 00-000676