STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 4 oy o “eo DIVISION OF HOTELS AND RESTAURANTS Qs, ; Uy, WY OF Ws DEPARTMENT OF BUSINESS AND : 4 STB Op oa PROFESSIONAL REGULATION - U| { lg Tip Petitioner, ; Obie vs. . License No. 5802466 DUE AMICI d License Type 2010 Permanent Food Service Respon ent. Case No. 2005041624 ee, ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against DUE AMICI, (“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. Respondentis, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The fespondent's business address of record ig 28 S ORANGE AVE, ORLANDO, FLORIDA 328012606. The mailing address of record is DUE AMICI, at 28 S ORANGE AVE, ORLANDO, FLORIDA 328012606. . ; 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. 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 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto. Signed August 10, 2005 pte OA Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotéls & Restaurants . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney , Florida Bar No. 0153831 os Department of Busiiess & Professional Regulation / 4940 North Monroe Street / Tallahassee, Florida 32399-1007 . i CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: THEREBY 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 Case Number: 2005041624 . Came a Form revised 07.01.05 acre District Number: 04 License Type: 2010 Permanent Food Service DUE AMICI License Number: 5802465 License Number: 5802466 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005041624 Exhibit A "EC" 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. “NEPA” 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 February 23, 2005 and May 26, 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. 4.51-12 61C-1,002(6)(C)(1) FAC THE OPERATOR OF EAGH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 509, FS, AND RULE CHAPTERS 61G-1 AND 61C-4, FAC, SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. . THE OWNER FAILED TO SUBMIT PLANS TO (DBPR) PLAN REVIEW RELATED TO THE REMODEL OF THE KITCHEN. : ' . * denotes critical violation Exhibit A .. ., ase Number; 2005041624 cee Page 1 Licanse Type: 2010 PERMANENT FOOD SERVICE “088 0 7884 sera ggrmeare see mrnegernes 5 License Number: 5802466 BES aea ras — NINETE State of Florida-- Department of Business and Professional Regulation’ Division of Hotels and Restaurants, EXHIB! www.hospitalityeducation.org EU RPEET ON DAB Month Dat Year Month [Day Year 26 WARNING OF <4 VOTICE TO O comod (Hearing requested DIRECT HOTICE: HOW CAUSE Pre conference [7 flot complied Clout of business Failure to bein compliance You will be issued a Notice to Show Gause why sanctions (Pre-hearing Clan Stipulation (On Hearing Order Ci6ther: CoTime extended date: i with this notice at any future inspection may result ina direct Notice to Show Cause. should not he assessed against your license. A hearing willbe held at a time and place to be designated by the director. neler ernie Owner Name: A. 2 > a i a \ Lape Name: Business Address: Business bity: _ Subex£ Le WD. Lo. LBeve me a TY a: Celardr FL. 828s & i Sop Ve AEGIFIENT'S NAME(PLEASE PRINT) gale Seas WESid L DBPR Form HR 5022-005 2002 February 08 13 EXHIBIT B ation Bate: an _ State of Florida . bes ,,.Departnent of Business and Professional Regul Lan 2 Divisjon.ot Hotels and Restaurants * .MyFlorida.com/dbpr Baa - PLAN REVIEW REFERRAL The following business is unlicensed and has been issued a ' 30-day warning to submit. plans and become licensed. an Business Name: ‘ y) VE Amie j oo Street Address: 72 Orenge AI * , City: (Lhe ZA Zip: (OPO f Contact Namé: AL BEN _ Bero Contaet Phone Number: _ = 2 | — 297-6 2¢ | esl Callback Due Date: Inspector Name: AO» SX sSue Quod ~Eo Sheiled do smit | / } : : : 50 Bay ) / An. lon “Kairgns [| LdOrniag Lf22, as | | ; ‘DBPR Ferm HR 5021-038 4 of 1 2004 July 29 rel: Ped eee rT EREEEEEEE ICENPING 5 > CNC Boao a LEGAL NOTICE FOOD SERVICE INSPECTION REPO JER NAME a © Catering © Vendin FYUCL INC: £4 ° ‘BUSINESS NAME 4 © MFDV (> Theme Pat. Due. Auer Food Cart #6 ADDRESS ofket BIT B Temp. Assoc. QF SS. ORANGE VE. ORLANDO ZIP {Opttanal) 280 wiPerm. Est. - ft © General Seating Na. of Seats ST INSPECTION REASON Routine BEBBBBRBABE Oma Complaint @ oa & fest) © ; ae ' Oe oO HACCP INSPECTION @ @ * 4 (Information Epidemiological DISPOSITION 6 © Pending ol) 70 *o1b() oa) 02} ‘06h *oga (_) "080 NOTE: ITEMS IN RED AND MARKED WITH AN ASTERISK ARE OF CRITICAL CONCERN.» AND MUST BE CORRECTED IMMEDIATELY,” See reverse sida for explanation of citations. 2° TEM "03: FOOD. TEMPERATURES Circted temperatures are in-violalion Type of Food Fallure to comply with this Notice may initlate ar administrative complaint that may result in, suspension or révocation of your license and fine INSPECTION RESULTS’; 0221) ANY VIOLATIONS notad. herein must be ” corrected by the NEXT-RQHTIE INSPECTION, LA PVA yee WARNING: Violations in the operation of your = dnt must be corraptad by: ADMINISTRATIVE COMPLAINT recommended. cx Seasonal EMERGENCY ORDER recommended . based upon a severe and Immediate threat to the public. 60 140 290 asCeataC) “50m BO MO wtb sae 4600 2503s «af 520 170 2350 490359008 ‘op asf ‘mel 1009 ‘ad ‘11) ‘20a 9a(3 ‘12a 206) as) 12h oO 110 l acknowledge receipt of this Inspection form and comments, 48 2700 ae «44 sabe Sanitizing Concentration 190 2 7 SM 54 . Sanitizing Temperature 2 3009 “460 ss st 3 “70 sO nO 23 2 “s0) sa 10 oO wO a7 S g & cele g tt ADDITIONAL GOMMENTS ON ATTACHED COM o SLOTS faspectar’s Name (PLEASE PRINT) Reciplent's Name a PRINT} eC 9 . Recipterirs Title 0) nse tiwn) Recipient's Signature C: Of -_ Establishment Telephone ar Pl Dote and Time ala? fac Ppa, fh > onl 1 Vig ets / Gey) , Bes Lt Us DEPARTMENT OF. BUSINESS AND PROFES ED NAL REGULATION Division of Hotels and Restaurants : om . Control Number - 24ob eh a COMMENTS SHEET EXHIBIT B page = zZ of Feat wt 5 rere we Kebucke Pans 8B Sugg yo cure. PLAN. lend pe We Metal t4_ Dliys Ca Lei spenoNs _Lookt ON due WebSITE UsVrere wi _ Sis sw. _haspdalite Chseiadain Flonita. + One. ; Thtn. bow les BAe _LVEES VEG Prope, Cast ncckeer SHS Fae My spscssin. 5fclem bagiuise polep pp ae i foe a fe Yee: oO” At} (27 jon : e ‘> Z 24 ast naples ke gated La81—- Bradlable - Zi Loon. dg: Cntlecat en. Nof- Brulable. i Fiatd At AZL : 3 Revised 2000 September 1£ DBPR Form HR 8022-042" MyFlorida.com

Docket for Case No: 05-004116