STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, : Petitioner, vs. : License No. 65-00090-R DAIRY QUEEN Case No. 5-00-102 Respondent. : l ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: DAIRY QUEEN, ("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 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 100 SAN MARCO AVENUE, ST AUGUSTINE, FL 32084.The last known mailing address is B & Ss OF ST AUGUSTINE INC, P.O. BOX 168, ST. AUGUSTINE, FL 32085-0168. 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 rany other relief authorized by Chapter 509, Florida Statutes, or the tules promulgated thereto. . Signed June 16, 2000 ggie Preaster, District Administrator By delegation of Susan R. McKinley, Director. Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney’ . Florida Bar No. 0909289 ‘ Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 ~ CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_Z 202 490 362 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of 2000. : “ . ‘ Received by: Inspector's Signature ; Operator's Signature Title ; Title Case No: 5-00-102 : : Revised 5/10/2000 License No: 65-00090-R Business Name: DAIRY QUEEN License #: 65-00090-R Case #: 05-00-102 It is alleged that on May 23, and June 7, 2000 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. 10-4 3-304.12(D) FC During pauses in FOOD preparation or dispensing, FOOD preparation and dispensing UTENSILS shall be stored: (D) In running water of sufficient velocity to flush particulates to the drain, if used with moist FOOD such as ice cream or mashed potatoes; ... OBSERVED WATER FOR DIPPER WELL NOT RUNNING AT SUFFICIENT VELOCITY TO KEEP ICE CREAM SCOOPS CLEAN. 2. *20a-4 4-701.10 FC EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED. OBSERVED ICE CREAM MACHINE NOT BEING SANITIZED PROPERLY- SANITIZED ONLY ONCE A WEEK. 3. 22-5 4-602.11(C) FC (C) Except as specified in ¥ (D) of this section, if used with POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD- CONTACT SURFACES and UTENSILS shall be cleaned throughout the day at least every 4 hours. OBSERVED ICE CREAM MACHINE BEING CLEANED ONCE A WEEK AND NOT DAILY. . 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 NEW HAND SINK NOT PROVIDED WITH HOT WATER AS REQUIRED. (WATER TEMPERATURE IS AT 81 DEGREES FARENHEIT). Exhibit A Page 1 of 1 ‘ B » FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REG DIVISION OF HOTELS AND RESTAURANTS EXPLANATION OF RIGHTS The enclosed Administrative Complaint charges you with violating one or more provisions of Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions regarding your response or best course of action, you may wish to seek competent legal counsel. Failure to make an election, as described below, within the 21 days of your receipt of this Administrative Complaint packet waives your right to a hearing in this matter, and the Department may proceed against you by default. Your receipt of this Administrative Complaint packet constitutes service upon you. Your rights under Florida law (Chapter 120, Florida Statutes) are as follows: 1. You may elect to dispute the violations alleged in the Complaint and request a hearing on the disputed facts before an Administrative Law Judge, which is an administrative trial. You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended Penaity, if any. The parties may submit exceptions to the Recommended Order. Following review of the Recommended Order and exceptions, if any, the Department may issue a Final Order. : 2. You may elect to not dispute the violations alleged in the Complaint and request that a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be ' included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in paragraph 1 above. 3. You may seek to resolve this matter through a negotiated settlement with the Department's Settlement Officer as instructed in the cover letter accompanying this packet. Uponfinal approval by the Department, the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 above, will waive your right to a hearing. 4. You may waive hearing in this matter, and the Department will proceed with resolution and possible penalty at its discretion. An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. : Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is not available for resolution of this action. Case No: 5-00-102 Revised 5/10/2000 License No: 65-00090-R Business Name: DAIRY QUEEN

Docket for Case No: 01-000939