STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION Ob - O © an Petitioner, vs. License No. 6600678 STRAWBERRY ie CREAT-SANDWICH License Type 2010 Permanent Food Service spon ra . Case No, 2005051406 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against STRAWBERRY ICE CREAM- SANDWICH, ("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 11039 S A1A, JENSEN BCH, FLORIDA 349572612.The mailing address of record is STRAWBERRY ICE CREAM- SANDWICH, at 11039 S A1A, JENSEN BCH, FLORIDA 349572612, 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 509, Florida Statutes, or the rules promulgated thereto. Signed October 05, 2005 i? . 1 Vote. Fea — 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 1940 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 , 2005. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005051406 Form revised 08.13.05 License Type: 2010 Permanent Food Service District Number: 04 License Number: 6600878 STRAWBERRY ICE CREAM- SANDWICH ‘DY License Number: 6600678 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005051406 Exhibit A itis alleged that on JUNE 23, 2005 AND JULY 28, 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. ' : 2x0 * 1, 30-04 §-203.14 FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBBIFA HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202,13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14," THE VACUUM BREAKER WAS MISSING FROM THE HOSE BIBB IN THE DUMPSTER AREA. [> 2.33-14 5-501.114 FC _ USING DRAIN PLUGS, DRAINS IN RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL HAVE DRAIN PLUGS IN PLACE. THE DRAIN PLUGS WERE MISSING AT BOTH DUMPSTERS. i se 3. 34-09 §-501.116(B) FC += SOILED RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CLEANED AT A FREQUENCY NECESSARY TO PREVENT THEM FROM DEVELOPING A BUILDUP OF SOIL OR BECOMING ATTRACTANTS FOR INSECTS AND RODENTS. . THERE WAS GARBAGE ON THE GROUND AROUND THE DUMPSTER AND IN THE BUSHES. js 4.37-02 610-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND — FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, . THE VENTILATION GRID ABOVE THE REACH IN FREEZER HAD A HEAVY ACCUMULATION OF DUST. Se 5. 39-01 61C-1.004(12) FAC | HEATING AND VENTILATION -- THE HEATING AND VENTILATION SYSTEM SHALL BE KEPT IN GOOD REPAIR OR BE INSTALLED TO MAINTAIN A MINIMUM OF 68 DEGREES FAHRENHEIT THROUGHOUT THE BUILDING. THE EXHAUST FAN IN THE MENS RESTROOM WAS INOPERABLE. * denotes critical violation Exhibit A Case Number: 2005051406 FEO / Page 4 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6600678

Docket for Case No: 06-000682