STATE OF FLORIDA : ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND &3 , v4 . PROFESSIONAL REGULATION, Ky My oe Petitioner, . ‘ 7 wo ws O> 9407 - Ee aw LEWIIS AND CLARK'S EATERY AND SALOON License No. 5301440 “ “ Respondent. Case No. 2003042281 ! ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: LEWIS AND CLARK'S EATERY AND SALOON, (“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 business address of record is 11835 SOUTHEAST FEDERAL HIGHWAY, HOBE SOUND, FL 33455.The mailing address of record is » LEWIS AND CLARK'S EATERY AND SALOON INCORPORATED, 11835 SOUTHEAST FEDERAL HIGHWAY, HOBE SOUND, FL 33455. , 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", aached 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 February 20, 200 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 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _7002 0860 0006 2349 9947 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2003. Received by: Inspector's Signature Operator's Signature Title Title Case No: 2003042281 Revised 1/20/2003 License No: 5301440 Business Name: LEWIIS AND CLARK'S EATERY AND SALOON License #: 5301440 Case #: 2003042281 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 December 4, 2002 and January 3, 2003 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, 02-8 3-501.17(A) FC (A) Except as specified in § (E) of this section, refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD prepared and held refrigerated for more than 24 hours in a FOOD ESTABLISHMENT shall be clearly marked at the time of preparation to indicate the date by which the FOOD shall be consumed which is, including the day of preparation: (1) 7 calendar days or less from the day that the FOOD is prepared, if the FOOD is maintained at 5°C (41°F) or less; or (2) 4 calendar'days or less from the day the FOOD is prepared, if the FOOD is maintained at 7°C (45°F) or less as specified under J 3-501.16(C). OBSERVED FOOD ITEMS UNDER REFRIGERATION HELD MORE THAN 24 HOURS NOT DATE MARKED (shrimp). 2. 29-4 5-202.11 FC APPROVED System and Cleanable Fixtures.* (A) A PLUMBING SYSTEM shall be designed, constructed, and installed according to LAW. (B) A PLUMBING FIXTURE such as a handwashing lavatory, toilet, or urinal shall be EASILY CLEANABLE.” OBSERVED BEVERAGE DISPENSER HOLDER DOES NOT HAVE AN INSTALLED DRAIN LINE. 3. 38-2 ,. 6-202.14 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 shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. Exhibit A Page 1 of 2 License #: 5301440 Case #: 2003042281 OBSERVED LIGHTS SHIELDS MISSING OVER Cs DISHWASHER. “ty Qos 4. 45-25 NFPA 85 (1998) 8-2 Inspection Uda: 7 . “An inspection and servicing of the fire-extinguishing system Oy ty, - shail be made at least every six months by properly trained and ~ “oy qualified persons.” Se ATS es e OBSERVED FIRE SUPPRESSION SYSTEM REPORT fut hy UNAVAILABLE. “ee 5. *53b-1 509.049 FS Food service employee training. The division shail adopt, by rule, minimum food safety protection standards for the training of all food service employees who are responsible for the storage, preparation, display, or serving of foods to the public in establishments regulated under this chapter. These standards shall not include an examination, but shall provide for a food safety training certificate program for food service employees to be administered by a private nonprofit provider chosen by the division. ...Any food safety training program established and administered to food handler employees prior to the effective date of this act shall be submitted by the operator to the division for its review dnd approval. ... It shall be the duty of the licensee of the public food service establishment to provide training in accordance with the described rule to all employees under the licensee's supervision or control. The licensee may designate a certified food service manager to perform this function as an agent of the licensee. Food service employees must receive certification pursuant to this section by January 1, 2001. Food Service employees hired after November 1, 2000, must receive certification within 60 days after employment. Certification pursuant to this section shall remain valid for 3 years. OBSERVED NO CERTIFIABLE PROOF THAT EMPLOYEES HAVE BEEN PROPERLY TRAINED IN SANITATION AND SAFETY STANDARDS. ™ CRITICAL VIOLATION Exhibit A Page 2 of 2 oe

Docket for Case No: 03-002407