wd . ey OK, z. rs eras gL. O STATE OF FLORIDA KEE. @ 4 “OD DEPARTMENT OF BUSINESS AND PROFESSIONAL RE ION Ss DIVISION OF HOTELS AND RESTAURANTS “2-0, © GOS °% DEPARTMENT OF BUSINESS AND “oF PROFESSIONAL REGULATION, Petitioner, O O- ab a q vs. STARFIRE CONCESSIONS WEST, INC License No. 46-50296-R DIPPIN DOTS Case No. 7-00-005 Respondent. / ADMINISTRATIVE COMPLAINT - The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against STARFIRE CONCESSIONS WEST, INC, (“Respondent”), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sec. 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 last known business address is 4125 CLEVELAND AVENUE, FORT MYERS, FL 33901. 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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. pele Signed January 13, 2000 D1 ety Fert Gary Tillman, District Administrator Division of Hotels & Restaurants Oe Be Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Revised 11/22/1999 » ed (J License No. 46-50296-R _ . Case No. 7-00-005 itis alleged that on July 14, 1999 and July 30, 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: 4.*27-21 5-103.13 FC Hot Water. : . Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the FOOD ESTABLISHMENT. OBSERVED NO HOT WATER DUE TO WATER PUMP NOT WORKING. 2. *27-20 5-103.12 FC Pressure. , Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified in TM] 5- 104.12(A) and (B) toa TEMPORARY FOOD ESTABLISHMENT or in response to a temporary interruption of a water supply need not be under pressure. OBSERVED NO HOT AND COLD RUNNING WATER AT THE HANDSINK OR THREE COMPARTMENT SINK BECAUSE PUMP NOT WORKING EVEN THOUGH FULL CONTAINER OF POTABLE WATER IN THE RESEVOIR. ‘ 3. *45-13 NFPA 10, 1-6.10 Fire extinguishers having a gross weight not exceeding 40 Ib. fire extinguisher and the floor be less than 4 in. (10.2 cm). -» OBSERVED FIRE EXTINGUISHER SITTING ON GROUND BEHIND BROOM, SPONGE MOP, AND STRING MOP. FIRE ~ EXTINGUISHER NOT CLEARLY VISIBLE AND ACCESSIBLE. 4. *53a-1 509.039 FS ... All managers employed by a food service establishment must : _.have passed [the food service manager] test and received a “_.. .. 6éttificate attesting thereto. Managers have a period of 90 days’ after employment to pass the required test... . Exhibit A Page 1 of 2 eee eee es lw! . 61C-4.023(1) FAC ie) License No. 46-50296-R Case No. 7-00-005 Alf managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a written certification test approved by the division demonstrating a basic knowledge of food protection practices regulated and administered by the division or an agency of state government outside Florida which has been approved by the division. Those managers who successfully pass the certification examination shall be issued a certificate which is valid for a period of five years from the date of issuance.. All establishments shall designate in writing the food service manager or managers for each location. Establishments that have four or more employees at one time engaged in the storage, preparation or serving of — _food shall have at least one certified manager present at all times when said activities are taking place. All other establishments shall have a certified manager or managers responsible for all periods of operation but said manager or managers need not be present at all times. . . OBSERVED NO PERSON ON DUTY, MANAGER, OR OWNER WITH A CURRENT FOOD MANAGEMENT CERTIFICATION CARD. : Exhibit A Page 2 of 2

Docket for Case No: 00-002829