STATE GF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGUL ation DIVISION OF HOTELS AND RESTAURANTS? , _ aie) Phe DEPARTMENT OF BUSINESS AND ONT py, PROFESSIONAL REGULATION, ’ we TR Petitioner, Sra vo VS. . -). TALK OF THE TOWN License No. 60-13609-R Respondent. Case No. 2-02-169 CD - f 70 | i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: TALK OF THE TOWN, (“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 625 SOUTHWEST AVENUE E, BELLE GLADE, FL 33430.The last known mailing address is ROY RICHARDS, 649 SOUTHWEST 3 STREET, BELLE GLADE, FL 33430. 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 September 12, 2002 Ken Buck, Acting District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, 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 - - a - DV PEPTIFION 110 KAA BY CERTIFIED US. MAIL, ARTICLE NUMBER: 7007 2510 0009 2967 4204 7 Cc i | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of , 2002. Received by: inspector’s Signature Operator's Signature Title Title 20u2 License #; 60-13609-R Case #: 02-02-169 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 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on ¢ August 20, 2002 and August 30, 2002, 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. 15-3 4-202.16 FC NonFOOD-CONTACT SURFACES. NonFOOD-CONTACT SURFACES shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance. OBSERVED BARE WOOD IN KITCHEN UNSEALED. 38-2 ~ 6-202.11 FC Light Bulbs, Protective Shielding. (A) Except as specified in | (B) of this section, light bulbs shail be shielded, coated, or otherwise shatter-resistant in areas where there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE and SINGLE- USE ARTICLES. (B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing FOOD in unopened packages, if: (1) The integrity of the packages can not be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shalt be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. OBSERVED LIGHTS SHIELDS MISSING ON HOOD. *45-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be - installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of “State Fire Marshal in Chapter 4A-3, FAC. OBSERVED CAP MISSING ON FIRE SUPPRESSION NOZZLE. *45-5 NFPA 10, 1-5.3 & 3-5 [High] hazard ... locations ... consist of ... cooking areas. [These locations shall be NFPA protected by the installation of portable fire extinguishers with a minimum rating of] 40-B:C provided within 30 feet of the hazard. License #: 60-13608-K Case #: 02-U2-169 NFPA 10, 3-1.4 On each floor level, the area protected and the travei distances shall be based on fire extinguishers installed in accordance with Tables 3-2.1 and 3-3.1 OBSERVED NO,40 BC FIRE EXTINGUISHER. f ** CRITICAL VIOLATION

Docket for Case No: 02-004907