WS . W fo Ld F ij L., BD THE STATE OF FLORIDA S93 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, i, Py DIVISION OF HOTELS AND RESTAURANTS Voy 7) . : LEAS Tp" Of State of Florida, Department of Business ETT and Professional Regulation, Division of os Hotels and Restaurants, _ Lb Petitioner O 0 a b 7 vs. CASE NUMBER: 07-99-046 DRY DOCK RAW BAR & GRILL INC, Respondent. ADMINISTRATIVE COMPLAINT BY THIS ADMINISTRATIVE COMPLAINT, NOTICE IS GIVEN TO YOU TO SHOW CAUSE WHY AN ADMINISTRATIVE FINE, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, SHOULD NOT BE ASSESSED AGAINST YOU BY THE DIVISION OF HOTELS AND RESTAURANTS : LICENSE NUMBER: 21-02317R YOU: DRY DOCK RAW BAR & GRILL INC DOING BUSINESS AS: DRY DOCK RAW BAR & GRILL LOCATED: 1807 E TAMIAMI TRL : NAPLES The Director of the Division of Hotels and Restaurants, Department of Business and Professional Regulation, State of Florida, has been presented evidence which, if true, is good and sufficient cause for her to assess an administrative fine against you and to deny a Division of Hotels and Restaurants license pursuant to Chapter 509, Florida Statutes, for the current license year, or any renewal thereof, ~““Over which the Division of Hotels and Restaurants has jurisdiction, for operating without a license as more fully set forth in the attached violation page, Exhibit A. ~<.. ‘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. To request a hearing, you must file a written request (postmarked or received by the Division) within 21 days of the date you receive this Administrative Complaint. The request must be sent to Cynthia Walker, Regional Settlement Officer, 1313 North Tampa Street, Suite 106, Tampa, Florida, 33602- ’ 3329; Telephone: (813) 272-3086. If you req earing, the Division of Hotels and Restaurants will determine whether the hearing will be a formal hearing (trial type proceeding) or an informal hearing (conference type proceeding). If the Division of Hotels and Restaurants determines that there are disputed issues of material fact, the case will be forwarded to the Division of Administrative Hearings. If the Division of Hotels and - Restaurants determines that there are no disputed issues of material fact, the Division of Hotels and "Restaurants will schedule an informal hearing. In either case, you will be notified of the date, time and place of the hearing. cee one re ote tes ~ ‘TRL, NAPLES, FL, [or posted in a conspicuous place at the establishment] , this ~ Copies furnished: WA ‘wd In a formal hearing, you have the right to appear in person on your own behalf, to be represented by your attorney, to bring witnesses and present evidence, to cross-examine any witnesses produced against you by the State, and to have subpoena duces tecum issued on your behalf. : In an informal hearing, you have the right to appear in person on your own behalf, to be represented by your attorney, and to submit whatever information you desire to mitigate the violations with which you have been charged in this Administrative Complaint. You may attend an informal hearing by telephone. It is your responsibility to ensure that the division hearing officer has your telephone “number if you elect to attend telephonically. This should be done by noting the number at which you can be reached for the hearing on the hearing request form. If your written request for a hearing is not received or postmarked within 21 days of the day you receive (or were served) this Administrative Complaint, a Default Final Order will be entered against you based on the record in your case. This Default Final Order could deny you the issuance ofa license and assess an administrative fine of $1000 for each violation charged and for each day that such violation occurred. Practice in either of the above proceedings is governed by chapter 120, Florida Statutes, and the Uniform Rules of Practice and Procedure, 28-101 et sequitur, Florida Administrative Code. DATED THIS 1st DAY OF Apri, 1999. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ; — BY: / Lee GEL District Administrator CERTIFICATE OF SERVICE ~~ THEREBY CERTIFY that a true copy of the foregoing has been [sent by U.S. mail, certified|[personally delivered] to DRY DOCK RAW BAR & GRILL INC, at 1807 E TAMIAMI > ~ (Signature) Enforcement Administrator Chief Assistant General Counsel day of serps ten nepectee - & ad / Cy La ”) EXHIBIT A Se at Moy O6 LASTS Ope CASE NO: 07-99-046 4p hay LICENSE NO: 21-02317R “Bi It is alleged that on January 31, 1999, the licensee was in violation of Florida Statute 5098S), and/or 1997 Food Code(FC), and/or Florida Administrative Code(FAC), and/or National Fire Protection “Association(NFPA) Life Safety Code, in the following particulars: - §09.241(1) FS LICENSES; ANNUAL RENEWALS.--Each public lodging establishment and — public food service establishment shall obtain a license from the division <, . Licenses shall be renewed annually, . . . 61C-1,002(6) FAC _It is the responsibility of the licensee to renew the license prior to the .. expiration date. 61C-1.002(6) FAC ...Any public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. : VIOLATION: Operating without a license. no wo ay wo FINAL ORDER NUMBER: oz Wes DATE FINAL ORDER FILED: Sa! 76s me : . RSM FINAL ORDER FACT SHEET RESPONDENT'S NAME . DRY DOCK RAW BAR & GRILL, INC. BUSINESS NAME: "DRY DOCK RAWBAR & GRILL LICENSE NUMBER HR2102317R TYPE OF LICENSE: PUBLIC FOOD SERVICE ESTABLISHMENT DBPR CASE NUMBER: 07-99-046 BOARD/DIVISION: HOTELS AND RESTAURANTS ORDERTYPE: DEFAULT FINAL ORDER CLOSURE CODE: -, COUNTY: _ COLLIER DATE ADMINISTRATIVE COMPLAINT / ACTION FILED: © 19990401 PENALTY: NE ) . APPLICABLE STATUTERULE: 509.241(1)FS 61C-1.002(6)FAC 61C-1.006(6)FAC OTHER: FACT SHEET PREPARED BY: KARLIN KAHL ON:2000-04-20 Sy Re a rp err orien one ee emmrmmee res

Docket for Case No: 00-002676