| STATE OF FLORIDA Ge DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , aN DIVISION OF HOTELS AND RESTAURANTS Soe » a, DEPARTMENT OF BUSINESS AND : veg PROFESSIONAL REGULATION, soe ; 2 Petitioner, ny, tor) vs, , ANGELL AND PHELPS CAFE License No. 7405906 Respondent. License Type 2010 [ Case No. 2003089907 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ANGELL AND PHELPS CAFE, (“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 156 SOUTH BEACH STREET, DAYTONA BEACH, FL 32114.The mailing address of record is SMITH AND SONS INCORPORATED, 154 SOUTH BEACH STREET, DAYTONA BEACH, FL 32114. 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 12, 2003 Ue A 7 Valerie Freeman, District Manager 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2003. 7001 2530 0008 9785 8511 Received by: Inspector's Signature Operator's Signature Title Title Case No: 2003089907 Revised 11/04/2003 License No: 7405906 _ Business Name: ANGELL AND PHELPS CAFE : License Type: 2010 District No: 4 Son Ry einer ps ee License No: 7405906 License Type: 2010 Case No: 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 Nationai 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 September 24, 2003 and October 9, 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B 1. *45-01 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. THE FIRE ALARM SYSTEM TROUBLE LIGHT WAS BLINKING. * denotes critical violation Exhibit A Page 1 of 1

Docket for Case No: 04-001908