STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND , : PROFESSIONAL REGULATION, pe Petitioner, : ; os vs. 6a- Y q oy MINOTTI'S PIZZA & WINGS License No. 21-02112-R Respondent. Case No. 07-02-0941 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: MINOTTI'S PIZZA & WINGS, (“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 5551 GOLDEN GATE PARKWAY, NAPLES, FL 33999-7512.The last known mailing address is CARL J MINOTTI, 5015 GREEN BOULEVARD, NAPLES, FL 34116. 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 October 03, 200 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 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_ 7000 0520 0016 5983 8998 { 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 us Title Title x . L Case No: 07-02-0914 Revised 3/28/2002 License No: 21-02112-R Business Name: MINOTT!'S PIZZA & WINGS LICENSE NO. 21-02112-R CASE NO. 07-02-091 Exhibit A ey - ty “FC" as cited herein references specific provisions of the 1999 Food Code, Recommendations of the’ £2. United States Public Health Service, Food and Drug Administration, incorporated by Chapter61C, Florida’S Administrative Code. “NFPA” as cited herein references specific provisions of the National. Firé 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 July 26, 2002, July 29, 2002, August 30, 2002 and September 26, 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: 4. *53a-1 509.039 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 certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted in this chapter. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, whjch is valid for a period of five years from the date of issuance. ... OBSERVED NO CERTIFIED FOOD MANAGER FOR THE RESTAURANT. (CITED 03/02/01, 06/05/01, 09/27/04, 02/19/02, 05/24/02, & 07/26/02) 2. *53b-8 61C-4.023(4)(c) FAC Licensees who provide in-house employee training shall make available on the premises of the establishment, or in a theme park or entertainment complex in a central location, upon the division's request, the curriculum and materials used to conduct training. If training is obtained from an outside provider, the licensee must provide, upon the division’s request, information about the selected training program and methods used to evaluate training outcomes. Training outcomes include employees correctly applying procedures and answering questions relative to assigned duties. Employees must perform their work duties safely in a manner consistent with the requirements of the Food Code. OBSERVED NO PROOF OF FOOD SAFETY TRAINING FOR FOOD HANDLERS EMPLOYED MORE THAN 60 DAYS. (CITED 05/24/02, & 07/26/02) Exhibit A | Page 1 of 1

Docket for Case No: 02-004908