Aug 12 2005 14:45 @a/12/2885 ldidd 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, V5. j License No, 808327 DAWN'S PLACE d License Type 2010 Permanent Food Service spon a Case No. 2005030905 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against DAWN'S PLACE, ("Respondent’), and says: 1. Patitioner 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 9407 TRADESPORT DR, ORLANDO, FLORIDA 32827.The mailing address of record is DAWN'S PLACE, at 9407 TRADESPORT DR, ORLANDO, FLORIDA 32827. 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 gaverning operation of the establishment. The violation(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 follawing penalties: administrative fine not to axceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Prograrn; suspension, revocation, or refusal of a license issue rsuant to this Chapter, and/ar any other relief authorized by Chapter 509, Florida Statutes, or the . Signed June 10, 2005 n ’ By delegation of the Directer-or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0163834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFIC 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 m@onthis___—_s day of , 2008 Received by: Inspector's Signature Operator's Signature Title Title Form revised 05.20.05 District Number: 04 DAWN'S PLAGE Case Number: 2005030905 License Type: 2010 Permanent Food Service License Number: 5808327 Aug 12 2005 14:45 PAGE 45/18 @a/12/2885 ldidd 8584146749 DEPR OGA License Number: 5808327 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005030905 Exhibit A “FC” as cited herein references specific provisions of the 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", Flarida Administrative Code, and 61C-1 -004(8), Florida Administrative Code. tis alleged that on March 14, 2005 and April 22. 2008 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 fallowing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. sons * 4.03B-04 3-501.16(A4) FC EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED, (A) AT ...(140 DEGREES FAHRENHEIT) OR ABOVE, EXCEPT THAT ROASTS COOKED TOA TEMPERATURE AND FOR A TIME SPECIFIED IN SECTION 3-401.11(B) OR REHEATED AS SPECIFIED IN SECTION 3-403.11 (E) MAY BE HELD ATA TEMPERATURE OF ...(130 DEGREES FAHRENHEIT); POTENTIALLY HAZARDOUS FOOD WAS NOT HELD AT 135 DEGREES FAHRENHEIT OR ABOVE. COOKED EGG SANDWICHES WERE 111 DEGREES FAHRENHEIT, CUBAN SANDWIGHES WERE 70 DEGREES FAHRENHEIT, HAMBURGERS WERE 77 DEGREES FAHRENHEIT, AND PHILLY GHEESESTEAK WAS 87 DEGREES FAHRENHEIT, 2. 61-15.2 61C-1,002(8(B)FAC PERSONS OPERATING A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL PERMIT DIVISION PERSONNEL RIGHT OF ENTRY DURING OPERATING HOURS TO OBSERVE FOOD PREPARATION AND SERVICE, AND IF NECESSARY EXAMINE RECORDS OF THE ESTABLISHMENT TO OBTAIN PERTINENT INFORMATION PERTAINING TO FOOD AND SUPPLIESPURCHASED, RECEIVED OR USED. THE OPERATOR OBSTRUCTED/INTERFERED WITH THE INSPECTOR’S ABILITY TO INSPECT, THE OWNER TOLD THE INSPECTOR TO LEAVE OR THEY WOULD CALL. THE POLICE. THE INSPECTOR LEFT THE PREMISES. . . : . * denotes critical violation Exhibit & Case Number: 2005030905 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 5808327 Aug 12 2005 14:45 @a/12/2885 ldidd 8584146749 DEPR OGA PAGE 46/18 ran STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO! DIVISION OF HOTELS AND RESTAURANTS wen. fnyflorida.com /dbpr SALLBACK INSPECTION REPORT OXHIBIT p Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your Hcens and fines. anaes 92921 AM Waring Wosseemaa? NBT Callback Inspection Date and Time Inspection Reason Ucense Number JONES DAWN R. ADMINISTRATIVE COMPEAINT recommended. (407}240-0266 Owner Name Area Code/Telephane Number DAWNS PLACE Business Name Inspection Recut 0 03/14/2005 Nurnber of Units Requested Callback Date/Time Int#al Warning Date 9407 TRADESPORT DR ORLANDO A 32827 Address / City / State / dip / etc, . . Comments [The following item(s) have been recommended for Administrative Complaint: Molation: 038-04 potentially hazardous food not held at 140 F or hotter, observed cooked eggs sandwiches211 fried, cuban sandwiches 70 , hamburgers77, philly heesesteak 87 ewner said those were cooked at & arn. Tamperature 112 f, 107 f, asked owner about documentation about time in lieu of bemp. owner sald that e will not da the paperwork showing thet she Is doing Hime In jew of temperature . Meestettirs tC Observed no 408C extinguisher located in cooking area installed prior to January 1, 2002. This violation must be corrected by : 3-22-05, 4/2405 ° aaa Date Signature of Recipient Inspector Signature _ Recipient: left on counter : For further information please contact: 7" Alfoneo L. Rudlan Title Refused to sign Sanitation and SafetySpeclatist 400 Weet Robinson Phone: 7 Street Ste. 802 Orlando , A, 32804 407-240-0266 850-487-1395 ‘ BBPR Form HR 5022-005 Aug 12 2005 14:45 @8/12/20685 ld:dd 564146749 DEPR OGA PAGE 7/18 a ws miele : Page 2 STATE OF FLORIDA P Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOST Nossedna2 DIVISION OF HOTELS AND RESTAURANTS Cy Www. myflorida,com/dbpr } 'B / 7° ese Natre PLACE ‘CALLBACK INSPECTION REPORT LEGAL NOTICE Inspection Date 4722/05 9:39:31 AM Failure to comply with this Notica fey inidate an administrative Saebiaint that may result in suapension or pevocation of your Reena: and fines, Miotatfon: 51-15 served interferenceobstruction with the Inepector's right of entry and access at any reasonable time, owner asked me to leave the premises or she was golng b I the police I left the premises. 4-22-05 owner still interfering with Inspection process, (The following item(s) are in complianea: Molation: 22-02 bserved encrusted, soiled material on slicer by front kitchen. - jolation: 22-02 Observed food contact surfaces ancrusted with grease ancl/or soll deposits , pan used to try food. lolation: 23-01 beerved bulld-up of gresee ott nonfood-contact surface on top of stove. jolation: 45-10 Observed portabla axtinguisher with fag out-of-date10-03, must retag within 14 days. This violation must be corrected by : 3428-05. Matation: 45-23 (Observed the use of cooking equipment producing grease laden vapors/smoke with no hood suppression system Installed, observed gase build up on stove. DEPR Form HR 5022-005 Aug 12 2005 14:45 “Hamburger, cooked, hot holding, 77 Bagrses, 89/12/2865 ld:44 8584146749 DEPR OGA PAGE 88/16 ht seve sangha gaonesinygr STATE OF FLORIDA Page DEPARTMENT Of BUSINESS AND PROFESSIONAL REGULATION Hi; DIVISION OF HOTELS AND RESTAURANTS IBir www.umyfiorida.com/dbpr 8B FOOD SERVICE INSPECTION REPORT ra LEGAL NOTICE Failure te comply with thie Notice may initiate an administrative complaint that may reault {h suspension of tevocation of your Heens and fines, 3/14/05 8:51:29 AM Routine 5808327 NOST Inspection Deba and Tine Inspaction Reason License Nurmber JONES DAWN R [ADMINISTRATIVE COMPLAINT recommended. Owner Name " (407)240-0266 DAWNS PLACE Area CodesTalaphone Number Susiness Name nepection Result, ia 03/15/2005 of:00 AM 41-05 Nurmiber of Units Callback Bate/Tirne License Expiration 94907 TRADESPORT DR ORLANDO FL 32827 Address 7 Ciy 7 State 7 Zip 7 etc. Them 03: Food Terperstures Them 53a: Cert. Food Managers Trem. 20: Warewashing Sanitization Teer 45: Fira Extinguishers and Fire Suppression Systems Dates Cheese, reach in cooler, 43 F, : yratray A Class ABC type Fire Extinguisher, found in/; “eave ord, he tng i Degeneres orien Shretran, tachenhens ean mmuee une in FE by: The Florida Restaurant Association *Hotdegs, hot holding, 69 Degrees F, "cuban Sancwiches, hot holding, 70 Gagrees F. *Ham, reach In cooker, 37 Degrees F. MOTE: ftema marker above with an asteriek (*) indicate « violation Inapector's Comments bserved fried eggs inside croissant bread Inside hat holding unit. Owner has a variance letter from fire Marshall stating that the variance |s granted because they re using a residential stove and no deep fat frying was done. The variance states that portable fire extinguishers are present and T notles the lack of a 40be inguizher. The variance was approved by Chief Robert Bowman. Explained her that all the frying needs to stop, sha sald that she will keep frying and she was jolng te included empanadas. T acknowledge receipt of this inspection fort and comments, Pl 3/14/05 Signature of ientt one Reciptent: hes to art powry For further inforration lease Contact Tite Alfonso L. Rullan Sanitation and SafatySpecialist 400 West Robinson Stret Phone; Shs. 802 Oriando , A. 32801 850-497-1395 STATUS SOURCE Yes *Ole Approved source No *03b Hot food at proper tamperature Yes *01b Wholesome, sound condition Yeu *03¢ Foods properly cooked/rehaated Yes 02 Original container; properly labeled, date marking Yes *03d Foods properly cooled STATUS PHP TEMPERATURE CONTROL Yes “O04 Facilities to raintein product temperature Yes 03a Cold food at proper tamperatures during storage, display, | Yee [#05 thermometers provided and conspleuouely placed service, transport, and cold holding Yes 706 Potentially hazardous foods properly Hheiied Violations marked witit an asterisk are critical violations, Items marked YES are in conmRance. Thems Marked NO are violations, Specific detallt of violgtion are listed on subsequent pages. Trams trkarked N/A ara Not Applicable, Tteme Marked as N/O are Not Observed, and wore not baling conducted at the time of Inspection, ‘DBPR Form HR §022-015 Aug 12 2005 14:47 DEPR OGA PAGE 89/14 @a/12/2885 ldidd 8564146749 . OEE ARTA NM al = Fp STATE OF FLORIDA page 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Lice IT DIVISION OF HOTELS AND RESTAURANTS NosT a weew. myflorids.com/dipe Inspection Dete FooD SER ER RrECTION REPORT 3/14/05 8:51:29 AM Palture to comply with this Notice may Intdats an admittietrative complaint that may result 4 suspension or revocation of your licen STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND ‘USE DISPOSAL. Yeu TF Unwrapped or potentially hazardous food not reserved Yes 33 Containers covered, adequate number, insect and rodent Yes Oda Food protection during storage, preparation, display, proof, emptied at proper intervals, clean fervice, transportation Yes, 4 Outside storage ares clean, enclosure properly conbtructec Yes ~}*08b Cross-contarination, equipment, personnel, storage Yes "O8e Potential for choss-contamination; storage practices; STATUS INSECT AND RODENT CONTROL damaged food segregated Yes ["35a Presence of insects/rodents, Animals prohibited Yes _foe Foods handied with minimum contact | Yes *35b Outer openings protected from Insects, rodent proof Yes 10 In use food dispensing utensils properly stored STATUS = FLOORS, WALLS, CEILINGS STATUS - PERSONNEL" - . Yes 36 Floors properly constricted, clean, déaimed, coved Yes ~AT1 Personnel With infections réstlcied Yee 37 Walls, callings, and attached equipment, constiuched, clean Yes *1dn Hands washed and clean, good hyglanic practices (observed), attemative operating plan Yea 88 Lighting provided as required, Fodures shieldea Yes *12b Proper hygienic practices, eating/drinking/émoking Yee 39 Roorns and equipment - vented as required (evidence) STATUS OTHER AREAS Yes 13 Clean clothes, hair restraints Yes {40 Employes lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS Yes 41a Toxic hams properly stored Yes ‘/14 Food contact surfaces designed, constructed, maintained, [Yes "4b Toxle tems labeled and used properly Inetalted, located Yas [42 Premives maintained, free of lier, UnnecessSly STHRIGE” Yes fl ted een surfaces designed, constructed, maintained, fesblctel ts oeah ra eaulpment Properly Stored. Kitchen Yo *16 Dishwashing facilities designed, constructed, opermtad 2. | Yes 43 Complete separation from iiving/elecping area, laundry Wash 2 Rinse 3, Santtize Yes laa Clean and soiled linen sagregnted and properly storad Yes *17 Thermometers, gauges, test Kits provided STATUS SAFETY Yes 18 Pre-fluched, scraped, soaked No ~ P45 Fira extingulehers - propar and sufficient Yes 19 Wash, rinse water clean, proper tamperature Yes ae Extting system - adequate, good rapair Yes [7208 Senitiiing concentration Yes 37 Electrical wiring ~ adequate, good repair Yes *20b Sanitizing temperature . Yes "48 Gas appliances - properly instaliad, maintained Yer. 21 Wiping dothe clean, used property, stored wee Yes - (*49. Fammeble/combustible reterlale - proparly storad No 22 Food cortact surfaces of equipment and utensil clean STATUS GENERAL No 23 Non-food contact surfaces clean Yes 50 Current license properly displayed Yes 134 Storageyhandling of clean equipment, utensils Ne i Other conditions santary and safe operation STATUS SINGLE SERVICE ARTICLES Yor 52 False/isleading statements published or advertised relating Yee 25 Service flame properly stored, handled, dlepenged bo Fondl/beverage Yes 26 Single service articles not re-used Yes ~ *53a Food management carlifcation vaild STATUS WATER AND SEWAGE/PLUMBING Yes *S3b Employee training validation Yes ”|F2? Water source af, hot and cold under pressure Yes 64 Florida Clean Indoor Air Ret Yes ” | #28 Sewage end waste water disposed properly Yes 55 Automatic Gratukty Notice Yes | Plumbing Installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available Yes *30 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES. Yes. IS? Hospitality Education Program information provided Yes "31 Toilet and handwashing facies, qumber, convenient, Yes 8 Smoke Free designed, installed 4 trying devices, tissue, covered waste receptactes Total Number of Repeat Violations: t') ah Vioktions marked with an asterick are orftical violations. Ttems Marked YES are In compliance, Items Marked NC are Wolations. Specific details of vilation are fistad on subteuent pages, Them marked N/A are Not Appiesble, Treirts Matted as N/O are Not Obderved, and were not being conducted at the me of inspection, DBPR Form HR 5022-015 Aug 12 2005 14:47 88/12/2885 ld:dd 8584146749 DBPR OGA PAGE 18/18 rea u igitatcheer oa Re acti ibe AN Thin eae STATE OF FLORIDA Page 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Number DIVISION OF HOTELS AND RESTAURANTS 308927 www. myfloride.com/dipr Bir ER Inspectian & FOOD SERVICE INSPECTION REPORT ey: L NOTICE 3/14/05 8:51:29 AM Fallure ts comply with tie Notice may inttiate an administrative srublaint: teat may result in adapension oF revocation of your tense and fines. Administrative Compiaint(s): 51-15 - Observed interferenceobstruction with the Inspactor's right of entry and access at any reasonable tine, owner asked me to leave the premises or she was golng to call the police 1 left the premises, Warning(s}: 45-10 - Observed portable extinguisher with tag out-of-date10-03, must retag within 14 days. This violation must be cormected by ; 3-28-05. " REFERENCE TEXT: NFPA 10; 4.1; Extinguishiers shall be subjected to maintenance, not more tHH"Sna yaar apart. 45-06 - Observed ne 40BC extinguisher locabed In cooking aréa Installed Prior to January 1, 2002. This vielation must be corrected by : 3-28-05. REFERENCE TEXT: 61C-1.004(9)fa) FAC : Fire Extinguisher Installation — Fire extinguishers shall be installed In accordance with NFPA 10, Standard for Portable Are Extinguishers. Violation(s): 038-04. Observed potentially hazardous food not held at 140 F or hotter, observed cooked eggs Sandwiches 111 fried, cuban sandwiches 70, hariburgers?7, phill cheesesteak 87 owner said those were cooked at & am. 22-02 ~ Observed food combict surfaces encrusted with grease and/or sall deposits , pan used to fry food. 22-02 - Observed encrusted, called material on slicer by front kitchen. 23-01 - Observed bulkbup of grease on nonfood-contact surface on tap of stove. 45-23 - Observed the use of cooking equipment producing grease laden vapors/smoke with no hood suppression system installed, observed gase build up on stove DPR Form HR 5022-015

Docket for Case No: 05-002886