Aug 9 2005 15:51 ge/ag/ 2885 15:58 8584146749 DEPR OGA PAGE @4/1a STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. License No. 4604997 CORAL ROOM License Typé 2010 Permanent Food Service Respondent Case No, 2005023537 ADMINISTRATIVE GOMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner”), files this Administrative Complaint against CORAL ROOM, (“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 material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 9200 COLLEGE PRWY, FT MYERS, FLORIDA 33919.The mailing address of record is CORAL ROOM, at 9200 COLLEGE PKWY, FT MYERS, FLORIDA 33919. 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 viclation(s) found and applicable law are described in Exhibit “A," attached hereto and incorporated herein by reference, Inspection documents are attached as Exhibit “B", 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 licénsé issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed April 27, 2005 won, Gary Tillman, 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 Na. 0153821 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9848 5781 3864 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005 Received by: Inspector's Signature Operator's Signature Title Title Form revised 04.10.05 District Number: 07 CORAL ROOM Case Number: 2005023437 License Type: 2010 Permanent Food Service License Number: 4604997 Aug 9 2005 15:51 ge/ag/ 2885 15:58 8584146749 DEPR OGA PAGE 45/18 License Number: 4804997 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005023527 Exhibit A "FC" as cited herein references specific provisions of the Food Code, Racommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cede. "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 MARCH 10, 2005 AND APRIL 11,2005 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. * 4534-01 509,039 FS AND 61C-4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVIGE 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, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. FAILURE TO PROVIDE UPON REQUEST PROOF THAT ALL MANAGERS EMPLOYED OVER 90 DAYS ARE FOOD MANAGER CERTIFIED, * 9 53B-01 509.049FS FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL 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 AND 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 ACERTIFIED 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 4, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 2 YEARS. FAILURE TO PROVIDE UPON REQUEST PROOF THAT ALL EMPLOYEES EMPLOYED OVER 60 DAYS ARE CURRENTLY TRAINED BY AN APPROVED EMPLOYEE TRAINING PROGRAM. * denotes critical violation Exhibit A Case Number: 2005023537 Page 1 License Type; 2010 PERMANENT FOOD SERVICE License Number: 4604997 Aug 9 2005 15:52 ge/ag/ 2885 15:58 8584146749 DEPR OGA PAGE 46/18 Jol STATE OF FLORIDA EXHIBIT Besarwent OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. riyflorida.com/dbpr Page i CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initlate an admibistrativa complaint that may result in suspension or revocation of your fleanse and fines. 4/1005 12:49:01 PM Warming SEAAG AEST SEAT Callback Inspection Date end Time Inspection Reason License Number VeBILE ADMINISTRATIVE COMPLAINT 4548363 Owner Name recommended, Area Code/Talaphone Number CORAL ROOM Business Name Inspection Result 32 Oa/1 0/2005 Number of Units Requested Callback Date/Time Intilal Warning Date 09200 COLLEGE PKWY FrMYERS FL 33919 Addross / Clty / State / Zip / etc. Comments co The foltowing Item(s) have bean racommended for Adminitrative Complaint: Iplation: 534-01 beerved msneger tacking proof of Food Manager Certification. Falluré to provide upon request proof thet all managers employed over 90 days ara food manager certified. rovidad contact Information for the 3 approved food manager certification programs. This violation must bé corected by : 4/10/05. manager has not takan exam, still no UrFent certified food manager employed aver 90 days, lotetion: 53-01 beerved no preef of required amptoyee training. Fallure to provide upon requast proof that all employees employed ovar 60 days are currently trained by an approved mplayee training program. Provided Industry bulletin far employee fond safety ule Gat fos kinbondy Godot 4011/05 Date Signature of Recipient Inspector Signature Reciplent: Paula Castilla For further Information please contact: Kimnbary Torbart, § And 3 Spec Titte employee 4100 Cantar Point Dr 104 Fort Myers, FL 43916 Phone: 2394546363 850-487-1395 DBPR Form HP 5022-005 Aug 9 2005 15:52 ge/ag/ 2885 15:58 8584146749 DEPR OGA PAGE @7/1a a ofS EXHIBIT B > Page 2 STATE OF FLORIDA Lieanse Nurnber DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEA4604997 DIVISION OF HOTELS AND RESTAURANTS susinass Name wow. myflorida.com/dbpr CORAL ROOM CALLBACK INSPECTION REPORT Inspection Date AMOS 12:49:01 PM LEGAL NOTICE Fallura to comply with this Natice may initiate an administrative complaint that may result in suspension or ravocation of your iicense and fines. ralning. no proof on call back inspection 4/11/05 The following Item(s) are In compllance: lotetion: OBA04 Pbservad uneevered food, wajfia batter in rach-in caolar flotation: 14-01 observed tin foll used ag shelf cover, can for stove lolatlan: 17-01 Dee lack of use of chemical tast kitwhen using chemical sanitizer at three campartmant sink. Meoletion: 22-02 pbserved bulldup of solled material in waffle maker iolatlon: 22-06 Pbserved bulldup of slime-(ika substance In the Interior of ice machine. jalatton: 32-09 served lack of proper hand drying prévigions at hand wash sink, Hw kitchen lolation: J2-14 bserved lack of handwashing cleanser at handwashing lavatory, HWE kitehen lalation: 01 observed establishment aperating without a currant Hote! and Restaurant license. Need to pay $382 [8262 renewal +8100 late fae) palel aq7t05 DBPR Form HR 5022-005 Aug 9 2005 15:52 ge/ag/ 2885 15:58 8584146749 DEPR OGA 2, AES T 7 STATE OF FLORIDA Page 1 EXH | Bl BosranTMent OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wow. myflarida.com/dbpr PAGE 88/18 FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fallure to comply with thls Notice may Inflate an administrative complaint that may resuitIn suspension or revocation of your license and flnes, 310405 2:19:57 PM Routine . 4804997 SEAT. Inspection Date and Time Inspection Reason License Number V-BILP ARMINISTRATIVE COMPLAINT Owner Name recommended. 2999456363 CORAL ROOM Area Code/Talephone Number Business Name Inspaction Result a2 04/1 D/2005 08:00 AM 124 Number of Units Callback Date/Time License Expiration 9200 COLLEGE PKWY, : FORT MYERS FL 33079 Address / Clty / Stata / Zip / atc, {tem 03: Food Temparatures: ltem 53a: Cart, Food Managers item 20: Warewaehing Sanitization | Ham 45: Fire Extinguishers and Fire. Suppression waffle bniter, reach in cooler, 37 Drgraas F. Sanitizer Type: Net Set Up found at A Hope Supprosaion typa Fire Extinauisher, Milk, reach In cooler, 37 Degrees F, contantralion of f PAM. 3 compartment foiling Infat kltghan haa # cartification dots of no het foode 19 tamp. during inspection, ainkGaniizing Temperatura fs 160 Degrees 14/08 Faranhalt, dishmackina A Glass K type Fire Extinguisher, found infat kitehen haa a certification date of 11/04 A Claas ABC type Fira Extinguisher, found invat kitchon haa 6 certification date af 11/04 NOTE: Items marked above with an asterisk (*) indleate a vialatlon Inspector's Comments acknowledge recelpt of this inspaction farm and comments. (Saray Kectma “Kowdportes Send t 310/05 Pate Reclplent: va Koos Recipient For further inn aeaan plagae contact: Kimberly Torbar, & And 8 Spec THe management 4100 Canter Polini Dr 104 Fort Myere, PL 33914 Phone! 2304548363 S50.487-1995 [STATUS SOURCE STATUS PHF TEMPERATURE CONTROL yes "Dis Approved source Yes *03b Hot food at proper temperature Yes *O71b Wholesome, sound condition Yes *03c Fogds proparly cagked/rshaated| Yes 02 Original contatner; properly labeled, date marking Vas *03d Foods properly cooled STATUS PHF TEMPERATURE CONTROL Yas “04 Facilities to malntaln product temperature Yes *03a Cold food at proper temperstures during storage, Yes “05 Thermometers provided and conspicuously place? dlgplay, service, transport, and cold holding Yes +06 Potentially hazardous foods properly thawed Violations marked with an astersk are critical violations, Items markad YES are In compliance. Items Marked NO are Violations, Specie detalla of violation ara listed on subsequent pages. \tems marked N/A are Not Appilcabla. tars Marked as N/O are Not Observed, ane were not being conductad atthe time of inspection. DSPR Form HR 5022-018 ge/ a9 2A85 15: 58 8584146749 DEPR OGA EXHIB ITB STATE OF FLORIDA D PARTMENT Of BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. nyflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Natlea may Initiate an administrative complaint that may result In suspension or revocation of your license and fines. Aug 9 2005 15:53 PAGE 89/18 - fr < _ Page 2 Licanse Number SEAT 4604907 Inspectlan Date 3/10/05 2:19:57 PM GARBAGE AND REFUSE DISPOSAL Yes 19 Wash, rinse water clean, proper temperature STATUS PHE TEMPERATURE CONTROL STATUS ‘Yes "07 Unwrapped or potentially hazardous food not re-served [Yes 33 Containers covered, adequata number, insect and rodent No 08a Food protection during storage, preparation, display, proof, emptied at proper intervals, clean service, transportation Yes 34 Quigide storage area clean, anclosure properly Yas *D8h Cross-contamination, equipment, persannel, storage eonstructad Yes *D8c Potentlal for oross-contamination; storage practices, STATUS __ INSECT AND RODENT CONTROL wd damagad food segregated Yas +354 Presence of Insectsredents. Animals prohibited Yes “09 Fooda handled with minimum cantact Ses "356 Quter openings protected from insects, radent proof Yes 10 th use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Yes 36 Floors properly constructed, clean, drained, coved ves "44 Parsonnel with infactiong restricted Yes 37 Walls, cellings, and atached equipment, constructed, Yas “12a Hands washed and clean, good hyglanic practices etgan . (observed), alternative operating plan _(Yes __138 Lighting provided! as required. Fixtures shighted Yes 12b Proper hyglenie practices, pating/drinking/smoking Yes 89 Roome and equipment - vented as required (evidence) STATUS | OTHER AREAS Yes 43 Clean clothes, hair restraints Yes 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS yes "41a Toxle items proparly stored No 14 Food contact surfanes designed, constructed, Ses *41b Toxle tems labeled and used properly __ maintained, instailed, located 42 Premises maintained, free of litter, unnecessary artictas. Yes 45 Non-food contact surfacas designed, constructed, Cleaning and maintenance aquipment properly stared. maintained, Installed, laeated Kitchen restricted to authorized personnel Yes “18 Dishwashing facilltlas designed, constructad, aperated Yes 42 Complete seperation from jlving/sleaping area, laung! 4. Wash 2. Rinse 3. Sanitize Yes 44 Clean and solled IInen segregated and properly stored No "17 Thermometers, gauges, tast kits provided STATUS SAFETY 18 Prefiushad, scraped, soaked Yea 45 Fire extinguishers ; proper and sufflclent yes Yes 45 Exiting system - adequate, good repair *20a Sanitizing concentration *47 Electrical wiring - adequate, good repalr Yes Yas "48 Gas appliances - properly Installed, maintained yes *20b Sanitizing temperature Yes 21 Wiping cloths clean, used properly, stored yes No 22 Food contact surfaces of equipment and utensils dean _|_ STATUS "49 Flammable/combystible materials - properly stored GENERAL facility clean, supplind with handsoap, disposable towels or hand drying devices, tissue, covered waste receptacles yes 23 Non-food cantact surfaces clean No "50 Current license properly displayed Yes 24 Storage/handiing af clean equipment, utensils yas 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES Yes 52 False/misieading statements published or advertised Yas 25 Service itams properly stored handled, dispensad relating to food/baverage Yes 28 Single servige atticlas not re-used No 53 Food manadement certification valld, STATUS WATER AND SEWAGE/PLUMBING Ne *§ab Employee training validation Yves “27 Water source safe, hot and cold undar pressure “__|ves 54 Florida Clean Indoor Air Act [ves {ize Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notlee yes 29 Plumbing Installed and maintained ves hs Copy of Chapter 509, Florida Statutas, avaliable Yes *30 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES Ses 87 Hospitality Education Program Information provided Yes “$4 Tollet and handwashing facilities, number, convenient, yYes 58 Smoke Free designed, installed Na 32 Restrooms with self-closing doors, fixtures operate properly, ‘Total Number of COS Violations: 9 ‘Total Number of Repeat Violations: Vielalions marked with an agtersk are ¢ritial violatlans. llams marked YES are subsequent pages. hams marked N/A ate Not Applicable. Itams Marked a5 W/O a DBPR Form AR 8022-015 in compllancs, Items Marked NO are vielailona. Speclic detalis of viclatian are tleted on re Not Observed, and wore not bélng conducted at the time of inspection. Aug 9 2005 15: ge/ag/ 2885 15:58 8584146749 DEPR OGA , a . Gq > ~ : e. FXHI BIT R STATE OF FLORIDA Pages Licanse Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS SEAT 4604997 waw. myflorida.com/dbpr inspection Date 3/10/05 2:19:57 PM PAGE 18/14 FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may rasult ih Suspersion of revocation of your llcanse and fines. Administrative Gomplaint(s}: 50-01 = Observed establlehment operating without & current Hotel and Restaurant license. Noed to pay $962 ($262 ranawal + $400 lata fay Warning(s): 534-01 - Observed manager lacking proof of Food Manager Certification, Fallurs to pravide upan request proof that all managers employed over 90 days are ibod manager eerified. Provided contact Information fer the 3 approved food manager enrlification programs. This violation must ba corrected by + 4g. REFERENCE TEXT: 509.039 FS and §10-4.023(1) FAC ; All managers amptoyad by a faod service establishment must have passed [Ihe food service manager] test and reenived a certificate attesting thereto, Managers have 2 pariod af 80 days after employment to pass tha required test, All managers whe are responsible for ihe starede, preparation, display, and serving of foods to the public shall have passed a carilfcation test approved by the division demonatreting @ basic knowledge of food protection Practices a5 adopted in this chapter, Those managers whe guecessfully pags 4n approved certification examination shalt be tssued @ cartificate by the certifying organization, which Ia valid fora period of five years from the date of Issuance. Violatlon{s)t 084-04 + Observed uneoverad food. waffé batter In rapeh-in cooler 414-01 - Observed tin fall used as shelf cover. cart for stove {7401 - Observed lack of use of chemical test kit when using cherni¢al ganhizer at three compartmert sink. 39.02 « Qhgerved bulldup of sollad matarlal I waffle maker 22.06 « Chaarved buildup of slima-lke substanca in the Intarlar of [ce machine. 22-14 + Observed lack of hancwashing cleanger at handwashing lavatory, HWS kheher’ 32.09 - Observed lack of proper hand drying provisions at hand weish sink. HWS kitehen 338-01 « Observed no proof of reqiirad employes tralning. Faliure ta provide ypan request proof that all employees employed over GD daye afd currently trained by an approved employes training program. Provided Industry bulletin for employee food safety training. DBPR Form HR 5022-015

Docket for Case No: 05-002862