a. €? e9 STATE OF FLORIDA ~ ? DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “ip 3 DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ‘ / c vs. : i, License No. 41-00943-R VS OE EGGS PLUS Case No. 4-00-198 Respondent. Ol- 40 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: EGGS PLUS, (“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 837 8TH STREET, VERO BEACH, FL 32962.The last known mailing address is GEORGE GRUNDEY, 837 8TH STREET, VERO BEACH, FL 32962. . 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. Signed June 19, 2000 Kendall Burkett, 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: | 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 ° - CL ee Title Title Case No: 4-00-198 Revised 5/10/2000 License No: 41-00943-R Business Name: EGGS PLUS he eo License #: 41-00943R Case #: 04-00-19 It is alleged that on May 23 and June 2, 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. *31-10 2. *35b-3 3. *45-13 *45-20 5-205.11(A) FC 6-202.15 FC NFPA 10, 1-6.10 NFPA 96,7-3.1.1 A handwashing lavatory shall be maintained so that it is accessible at all times for EMPLOYEE use. THE KITCHEN HANDSINK WAS OBSTRUCTED BY A TEA URN AND TOASTER. Outer Openings, Protected. (A) Except as specified in § (B) and under 4 (C) of this section, outer openings of a FOOD ESTABLISHMENT shall be protected against the entry of insects and rodents by: (1) Filling or closing holes and other gaps along floors, walls and ceilings; _ (2) Closed, tight-fitting windows; and (3) Solid self-closing, tight-fitting doors. THERE WAS A LARGE OPENING AROUND THE COPPER PIPE THAT ENTERED THE EXTERIOR WALL NEAR THE BACK DOOR. Fire extinguishers having a gross weight not exceeding 40 Ib. (18.14 kg) shall be installed so that the top of the fire extinguisher is not more than 5 ft (1.53 m) above the floor. Fire extinguishers having a gross weight greater than 40 LB (18.14 kg) (except wheeled types) shall be so installed that the top of the fire extinguisher is not more than 3'/2 ft (1.07 m) above the floor. In no case shall the clearance between the bottom of the fire extinguisher and the floor be less than 4 in. (10.2 cm). A readily accessible means for manual activation of the fire extinguishing system shall be provided in a path of exit or egress. and shall be clearly identified. Such means shall be mechanical and shall not rely on electrical power for actuation... A. A3A40BC FIRE EXTENGUISHER WAS ON THE FLOOR BEHIND THE REFRIGERATOR IN THE KITCHEN. B. THE REFRIGERATOR WAS OBSTRUCTING ACCESS TO THE FIRE SUPPRESSION SYSTEM MANUAL PULL STATION. Exhibit A Page 1 of 2 4. 23-2 5. 33-13 6. 36-2 4-602.13 FC 5-501.113 FC 61C-1.004(6) FAC License #: 41-00943R Case #: 04-00-1938 NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a frequency necessary to preclude accumulation of soil residues. A. OBSERVED AN ACCUMULATION OF. FOOD AND DEBRIS ON THE SHELVES AND COUNTERS IN THE KITCHEN. B. OBSERVED SEVERAL DEAD ROACHES ON SHELVES IN THE KITCHEN. Receptacles and waste handling units for REFUSE, recyclables, and returnables shall be kept covered: . (A) Inside the FOOD ESTABLISHMENT if the receptacles and units: (1) Contain FOOD residue and are not in continuous use; or (2) After they are filled; and (B) With tight-fitting lids or doors if kept outside the food establishment. THE DUMPSTER WAS MISSING ONE LID. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED SEVERAL DEAD ROACHES ON THE KITCHEN FLOOR. Exhibit A Page 2 of 2 Bay my FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAY pEcUURHSH) DIVISION OF HOTELS AND RESTAURANTS “ fy oY Af en / ‘ EXPLANATION OF RIGHTS24y/Soy ,°/5 Mean Rann. The enclosed Administrative Complaint charges you with violating one or mor&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 Penalty, 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. Upon final approval by the Department, the settlement will be incorporated into a Final Order resolving * . thecase. Participating in settlement discussions does not preserve your right toa 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: 4-00-198 Revised 5/10/2000 License No: 41-00943-R Business Name: EGGS PLUS

Docket for Case No: 01-001140