STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION as DIVISION OF HOTELS AND RESTAURANTS BE Eom Bee Dae DEPARTMENT OF BUSINESS AND C1 SUL 23 PH 2:09 PROFESSIONAL REGULATION, Petitioner, vs. ‘ License No. 68-03925-R HUNGRY HOWIE'S Case No. 07-00-295 Respondent. . ~ ! MINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: HUNGRY HOWIE'S, (‘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 13201 * TAMIAMI TRAIL #A, NORTH PORT, FL .34287-2163.The last known mailing address is NORTH PORT PIZZA, INC., 13201 TAMIAMI TRAIL #A, NORTH PORT, FL 34287-2163. . 3. ‘ffispection 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 December 19, 2000 a CV arg /ectro— Gary Tillman, 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 4940 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:__7099 3400 0004 7026 8160 | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this . day of. ___., 2000. oe Received by: Inspector's Signature Operator's Signature Titie Title Case No: 07-00-295 : Revised 10/01/2000 License No: 68-03925-R Business Name: HUNGRY HOWIE'S a4 License No. 68-03925-R Case No. 07-00-295 Exhibit A “FC" as cited herein references specific provisions of the 1997 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions", Florida Administrative Code, and 61(-1.004(5), Florida Administrative Code. tt is alleged that on November 16, 2000 and November 30, 2000 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars: 1.21-2 2. 22-2 3. 34-8 4, 37-2 3-304.14(B) FC 4-601.11(A) FC 5-501.115 FC 61C-1.004(6) FAC Cloths used for wiping FOOD spills shall be: (1) Dry and used for wiping FOOD spills from TABLEWARE and carry-out containers; or . (2) Moist and cleaned as specified under {[ 4-802.11(D), . ‘stored in a chemical sanitizer as specified under § 7- 204.11, and used for wiping spills from FOOD-contact and niohFOOD-CONTACT SURFACES of EQUIPMENT. FOR THE WET WIPING CLOTHS ON PREPARATION TABLE. EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch. OBSERVED CAN OPENER BLADE SOILED WITHA BLACK SUBSTANCE. Maintaining REFUSE Areas and Enclosures. JA storage area and enclosure for REFUSE, recyclables, or retumabies shall be maintained free of unnecessary «items, as specified under § 6-501.114, and clean. - OBSERVED GROUND AROUND DUMPSTER IS FULL OF MISC. (WET PAPER, CARDBOARD). All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED AIR CONDITIONING RETURN VENT SOILED WITH DUST. Exhibit A Page 1 of 2 OBSERVED No SANITIZING | BUCKETS AVAILABLE | ! ' a ¥ License No. 68-03925-R Case No. 07-00-295 5. *53a-4 509.039 FS 61C-4.023(1) FAC ... All managers employed by a food service establishment must have passed [the food service manager] test and received a certificate attesting thereto. Managers have a period of 90 days after employment to pass the required test... All 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 stotage, preparation or serving of food shall have at least one certified manager area at all times when for all periods of spetation but said manager or managers need not be present at all times. . OBSERVED UNABLE TO VERIFY CERTIFIED FOOD _ MANAGERS CERTIFICATION. Exhibit A Page 2 of 2

Docket for Case No: 01-002907