Received Event (Event Succeeded) Received Event (Event Succeeded) Date: 2/22/2005 Time: 11:58 AM Pages: 5 Duration: 2 min 2 sec Sender: 8504146749 Company: Fav Number: Guhiact Tr 02/22/2885 11:55 8504146749 DBPR UGA PAGE 3/05 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND REST: AURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — - a Petitioner, OD ( ) Te vs, NO NAME BAR License No. 4100969 Respondent. License Type 2010 Permanent Food Service ! Case No, 2004036904 ee Lyte ADMINISTRATIVE COMPLAIN The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this ‘Administrative Complaint against NO NAME BAR, (“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 Section 20.165 and Chapter 509, Florida Statutes, 2. Respondent is, and has been at all times materia! hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 490 US HWY 1, SEBASTIAN, FLORIDA 329584738,The mailing address of record is NO NAME BAR, at 1623 NUS 1, SEBASTIAN, FLORIDA 32958. 3, Inspection of this establishment conducted pursuant to Seo. 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 $1,000 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 July 45, 2004 . Bs a OE Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 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 , 2004, Received by: Inspectors Signature Operator's Signature nn ee Title Title Case No, 2004036904 Form revised 6/16/04 Licanse Type: 2010 Parmanent Food Service District No. 04 NO NAME BAR License No. 4400959 Received Event (Event Succeeded) Date: 2/22/2005 Time: 11:58 AM Pages: 5 Duration: 2 min 2 sec Sender: 8504146749 Company: Fav Numbhar- Suhiart- tT 82/22/2085 11:55 8504146743 DBPR OGA PAGE 84/85 License Number. 4700959 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004036904 Exhibit A “EC? gs citad herein references specific provisions of the 1999 Food Cade, Recommendations af the United States Public Health ice, Food and fine i by Chapter 616, i" Administrative Code. “NEPA” as cited herein references specific provisions of the Nationa? Fire Protection Associafion Life Safety Code, it by reference at Chapter 44-3, “Fire Prevention, General incoxporated 4: Provisions’, Florida Administrative Code, ‘and B1C-1,004(5), Florida Adrninistrative Code. itis alleged that on June 8, 2004 anct June 29, 2004 the fiosiisee tas in victation of Florida Statute SOS) cralor tte Rules of the Division of Hotais and Restaurants, Florida Administrative Code (FAC), in the following particuters., Copy(s) of the report{s) for the above referenced inspection(s) are attacired hereto and incorporated by reference as Exhibit 8. 4.3603 6-50112FC CLEANING, FREQUENCY AND RESTRICTIONS. (A) THE PHYSIGAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN. (B) CLEANING SHALL BE DONE DURING PERIODS WHEN THE LEAST AMOUNT OF FOOD IS EXPOSED SUCH AS AFTER CLOSING. THIS REQUIREMENT DOES NOT APPLY TO CLEANING THAT IS NECESSARY DUE TO A SPILL OR OTHER ACCIDENT. OBSERVED AN ACCUMULATION OF FOOD DEBRIS ON THE FLOOR BEHIND THE BAR EQUIPMENT. 2. 42-09 6-501.114 FC MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER. THE : PREMISES SHALL BE FREE OF: (A) ITEMS THAT ARE UNNECESSARY TO THE OPERATION OR MAINTENANCE OF THE ESTABLISHMENT SUCH AS EQUIPMENT THAT 18 NONFUNCTIONAL OR NO LONGER USED; AND (B) LITTER. OBSERVED UNNECESSARY ITEMS ON THE PREMISES; A BROKEN ICE MACHINE AND AN UNUSED FOUR-BURNER STOVE. * 346-04 NFPA 101, 12.2.9&7.9 EMERGENCY LIGHTING SHALL BE PROVIDED IN ACCORDANCE WITH SECTION 7-9. EMERGENCY LIGHTING FACILITIES FOR MEANS OF EGRESS SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION FOR: (1) BUILDINGS OR STRUCTURES WHERE REQUIRED BY CHAPTERS 17 THROUGH 42. THE EMERGENCY LIGHTING OVER THE KITCHEN DOOR DID NOT WORK WHEN TESTED. * 4. 46-11.1 NFPA 101, 12-2.10&5-10.1 MEANS OF EGRESS SHALL BE MARKED IN ACCORDANCE WITH SECTION 7-10. , : THE EXIT LIGHTS OVER THE DOOR NEAR US 1 WERE NOT PROPERLY ILLUMINATED. * 5. 47-01 61C-1.004(11) FAC TRICAL WIRING — TO PREVENT FIRE OR INJURY, DEFECTIVE WARING SHALL BE REPLACED OBSERVED AN EXTENSION CORD AND A MULTI-PLUG ADAPTER NEAR THE TELEVISION. * denotes critical violation Exhibit A Case Number: 2004036904 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 4100959

Docket for Case No: 05-000596