LA-PALS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Oe DIVISION OF HOTELS AND RESTAURANTS Qy On & 7s fy DEPARTMENT OF BUSINESS AND Y., of PROFESSIONAL REGULATION, Prllip Py Petitioner, ihe! # ke: 0, vs. “ License No. 23-26556-R . LEVY'S RESTAURANT Case No. 1-01-7195 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: LEVY'S RESTAURANT, (“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 18685 WEST DIXIE HIGHWAY, NORTH MIAMI BEACH, FL 33180.The last known mailing address is LEVY'S RESTAURANT INCORPORATED, 48685 WEST DIXIE HIGHWAY, NORTH MIAMI BEACH, FL 33180. 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 November 28, 2001 ! 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 OO ee eee BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 1 HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me 2001. on this day of : Received by: Inspector's Signature Operator's Signature _ _ Title Title Case No: 1-01-195 Revised 9/19/2001 License No: 23-26556-R Business Name: LEVY'S RESTAURANT License #: 23-26556-R Case #: 01-01-195 Exhibit A “FC” as cited herein references specific provisions of the 1999 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 61C-1.004(5), Florida Administrative Code. It is alleged that on October 12, 2001 and October 22, 2001, 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. °31-2 61C-4.010(7) FAC... Each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated, except as provided herein: (a) Mobile food dispensing vehicles, theme park food carts, vending machines and public food service establishments or food vendors participating in temporary food service events shall not be required to have any public bathrooms. (b) Places serving food or drink on a take-out, carry-out or delivery basis only which provide no seating shall be required to provide a minimum of one bathroom accessible to the public. Arcades, malls, or flea markets containing public food service establishments which offer no seating within the public food service establishment may { have centrally located bathroom facilities accessible to patrons of the establishments in the arcade, mall, or flea market provided such bathroom facilities are within 300 feet of each establishment. (c. ~ Public food service establishments located within theme parks and entertainment complexes may utilize centrally located bathroom facilities accessible to patrons of the establishments in the theme park or ; entertainment complex provided such bathroom facilities are reasonably accessible. For purposes of this section, reasonably accessible means within 300 feet of each establishment. (d = 4 Exhibit A Page 1 of 2 License #: 23-26556-R Case #: 01-01-195 2. 51-14 61C-1.002(5)(b) FAC (e) Public food service establishments which seat 10° persons or less shall be required to provide a minimum of one bathroom accessible to the public Public food service establishments located within a public lodging establishment shall be permitted to utilize public bathrooms located within the public lodging establishment provided such bathrooms are ’ available for use by the patrons of the public food service establishment during all hours of operation, are within 300 feet of the public food service establishment, and are located on the same floor as the public food service establishment. For purposes of this rule, the same floor includes any intermediate levels between the floor and ceiling of any room or space without restriction as to vertical height. = OBSERVED NO PUBLIC RESTROOM. (ONLY ONE RESTROOM ON PREMISES AND IT IS UNACCESSIBLE FROM DINING AREA). ... Any changes in the number of seats provided which may affect the license fee, the Florida Clean Indoor Air Act, fire safety, bathroom requirements or any other sanitation and safety requirements provided in law or rule, shall be reported immediately to the division by the operator. OBSERVED 31 PLUS SEATS. (ONLY LICENSED FOR SEVEN (7) SEATS). Exhibit A Page 2 of 2

Docket for Case No: 02-002283