STATE OF FLORIDA & f DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAWQN DIVISION OF HOTELS AND RESTAURANTS A “Ap 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION \ lo _ O Petitioner, 0 | O- vs. FROG & TOAD (THE) License No. 1613734 Respondent. License Type 2010 Permanent Food Service / Case No. 2004031689 ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against FROG & TOAD (THE), (‘Respondent’), and says: 4. 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 05782 NW 009 AVE, FT LAUDERDALE, FLORIDA 333092002. The mailing address of record is FROG & TOAD (THE), at 5782 POWERLINE RD, FT LAUDERDALE, FLORIDA 33309-2002. 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. 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 rellef authorized by Chapter 509, Florida Statutes, or the[yules pri HW lgpted thereto. Signed June 10,2004) l RO An Va Ken Buck, 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 Telephone 850/487-9656 / Facsimile 850/414-6749 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 3954 3987 a THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2004, L Received by: Inspector's Signature Operator's Signature Title Tithe Case No. 2004031689 Form revised 5/05/04 License Type: 2010 Permanent Food Service District No. 02 License No. 1613734 , FROG & TOAD (THE) License Number: 1613734 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2004031689 Exhibit A “EC” as cited herein references specific provisions of the 1999 Food Cade, 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 44-3, "Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. itis alleged that on April 20, 2004 and May 20, 2004 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. * 4.05-05 4-302.12FC FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED NO STEM TYPE THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. 2, 32-02 6-301.14 FC & 61C-1.004(2)(C) FAC +HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES TO-WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES. OBSERVED LACK OF HANDWASHING SIGN AT A HANDSINK USED BY FOOD EMPLOYEES. “ 3,53A-01 509.039 FS & 61C-4.023(1) FAC. ALL MANAGERS EMPLOYED BY A FOOD SERVICE | ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE 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. ; OBSERVED FOOD SERVICE MANAGER WITH EXPIRED CERTIFICATION. * denotes critical violation Exhibit A Case Number: 2004031689 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 1613734 State of Florida i} IBIT B Department of Business and Professional Regulation Division of Hotels and Restaurants www.hospitalityeducation.org RITE WARNING DATE# Month | Day | Year Month | Day { Suffix County File Number WARNING OF DIRECT NOTICE: Failure to bein compliance with this notice at any future inspection may resultin a direct Notice to Show Cause, | NOTICE TO Pe SHOW CAUSE You will be issued a Notice to Show Cause why sanctions should not be assessed against your license. A hearing will be held at a time and place to be desigiatad hy the director. (1Pre-conference (JPre-hearing Complied Winn Tequested ot complied Out of business (Tima extended date: tf (On Stipulation {C00 Hearing Order (other: time: Owner Name: Fog Qn) To oad AL C__ susiness tame: The Pap ry Toeee/ loud. 3 32409 Business Address: el & A No) z fire ‘ Business City: ta. ar oy rae [PLEASEBRINT) ar ne eee he Bede 7 DBPR Form HR 5022-005 ; 7 MyFlorida.com 2002 February 08 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS Page 1 of 3 FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license 4/20/04 11:22:21 AM Routine ms 1613734 SEAT Inspection Date and Time Inspection Reason Ucense Number FROG And TOAD LLC (THE) _. [WARNING: | Owner Name Violations in the operation of your (354)491-3697 FROG And TOAD (THE) tablishment-must be corrected by: Area Code/Telephone Number Business Name Inspection Result 05/20/2004 08:00 AM Callback Date/Time Number of Units 5782 NW 009 AVE Address [ City 7 State [Zip / etc. License Expiration FT LAUDERDALE FL 333092002 Item 03: Food Temperatures Item 53a: Cert. Food Managers Item 20: Warewashing Sanitization Ttem 45: Fire Extinguishers and Fire Suppression Systems Dates Sausage, reach in cooler, 41 Degrees F, Chicken, reach in cooler, 41 Degrees F, Fish, raw, walk in cooler, 40 Degrees F, Beef, raw, walk in cooler, 40 Degrees F. Sauce, potentially hazardous, hot holding, 169 Degrees F, Manager Name: ADINA CARTER Certification Date: 3/23/99 Certified by: National! Registry of Food Safety Professionals Sanitizer Type: Quaternary Ammonium found at concentration of 200 PPM, A Class ABC type Fire Extinguisher, found In/at kitchen has a certification date of 2/04 A Class BC type Fire Extinguisher, found Infat kitchen has a certification date af 2/04 A Hood Suppression type Fire Extinguisher, found infat kitchen has a certification date of 4/03 NOTE: Items marked above with an asterisk (*) indicate a violation Inspector's Comments ” JBSERVED NO PROOF PROVIDED UPON REQUEST OF A CURRENT CERTIFIED FOOD MANAGER FOR THIS BUSINESS.ONE EMPLOYEE OBSERVED ON THIS : HIFT.[ 60 days to train employee from date employed 130 days to complete managers training. Provided Web Site: www.hospltalityeducation.org. I acknowledge receipt of this inspection form and comments. 04/20/04 12:32 PM , C df Date/Time Recipient: eNeuent For further information Please contact: Title OWNER Exrbation Sefety Specilct 5080 Coconut Creek Pky Ste Phone: 954-491-3697 A Margate,Fl 33063 850 487 1395 STATUS SOURCE STATUS PAF TEMPERATURE CONTROL —S=S Yes *O1a Approved source Yes *03b Hot food at proper temperature Yes *01b Wholesome, sound condition Yes *03c Foods properly cooked/reheated No 02 Original container; properly labeled, date marking Yes *03d Foods properly cooled | STATUS | PHF TEMPERATURE CONTROL Yes *04 Facilities to maintain product temperature = Yes *03a Cold food at proper temperatures during storage, display, |No 05 Thermometers provided and conspicuously placed | service, transport, and cold holding Yes 06 Potentially hazardous foods properly thawed Violations marked with an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted at the time of Inspection. LEGAL NOTICE STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REPORT Page 2 of 3 License Number SEAT 1613734 Inspection Date 4/20/04 11:22:21 AM Fallure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL. Yes *07 Unwrapped or potentially hazardous food not re-served Yes [33 Containers covered, adequate number, insect and rodent Yes "08a Food protection during storage, preparation, display, proof, emptied al proper intervais, dean service, transportation Yes 134 Outside storage area clean, enclosure properly constructed Yes *O8b Cross-contamination, equipment, personnel, storage Yes 08 Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL damaged food segregated Yes *35a Presence of insects/rodents. Animals prohibited Yes pe Foods handled 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 No 36 Floors properly constructed, clean, drained, coved Yes *11 Personnel with infections restricted Yes 37 Walls, cellings, and attached equipment, constructed, clean Yes *12a Hands washed and clean, good hyglenic practices observed), alternative operating plan Yes His Lighting provided as required, Fixtures shielded Yes *12b Proper hygienic practices, eating/drinking/smoking Yes 39 Rooms and equipment - vented as required evidence) STATUS OTHER AREAS Yes 13 Clean clothes, hair restraints Yes 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS Yes *41a Toxic items properly stored Yes 14 Food contact surfaces designed, constructed, maintained, Yes *41b Toxic items labeled and used properly installed, located Yes 1a Premises maintained, free of litter, unnecessary aes an Te Ee as ce ao aN am yarerane acer rope oe Yes [26 Dishwashing facities designed, constructed, operated 1. |Yes 43 Complete separation fram living/sleeping area, laundry ph 2 Rie 9, Santee ve [Yes [47 Thermometers, gauges, test kits provided —~—~—~S«~SCS*«~ST ATS SAFETY Yes 18 Pre-flushed, scraped, soaked No ~~ }#45 Fire extinguishers - proper and sufficient Yes 19 Wash, rinse water clean, proper temperature Yes *46 Exiting system - adequate, good repair Yes *20a Sanitizing concentration Yes *47 Electrical wiring ~ adequate, good repalr Yes *20b Sanitizing temperature Yes *48 Gas appliances - properly Installed, maintained Yes 21 Wiping cloths clean, used properly, stored Yes 49 Flammable/combustible materials - properly stored Yes 22 Food contact surfaces of equipment and utensils clean STATUS GENERAL Yes 23 Non-food contact surfaces clean Yes (50 Current license properly displayed No _|?4 Storage/handling of clean equipment, utensils Yes 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES Yes “|*52 False/misleading statements published or advertised relating Yes 25 Service items praperly stored, handled, dispensed to food/beverage Yes 26 Single service articles not re-used No *53a Food management certification valid STATUS WATER AND SEWAGE/PLUMBING Yes *53b Employee training valldation Yes *27 Water source safe, hot and cold under pressure Yes 54 Florida Clean Indoor Air Act Yes *28 Sewage and waste water disposed properly Yes 5S Automatic Gratuity Notice Yes 29 Plumbing Installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available Yes *30 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS | - JOLLET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program Information provided Yes #32 Tollet and handwashing facilities, number, convenlent, Yes ~ 58 Smoke Free designed, Installed " fc clean supped with Rendsooy posse fone o ag Total Number of COS Visatios: 0 drying devices, tissue, covered waste receptacles ‘Total Number of Repeat Violations: 0 Violations marked with an asterisk are critical violations. Items marked YES are in compliance. Items Marked NO are violations. Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted at the time of inspection. STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS FOOD SERVICE INSPECTION REPORT LEGAL NOTICE ENT OF BUSINESS AND PROFESSIONAL REGULATION Page 3 of 3 License Number SEAT 1613734 Inspection Date 4/20/04 11:22:21 AM Failure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license and fines, Violation(s): 02-26 - Observed working containers of fond, removed from original container and not Identified by common name. 05-05 - Observed no stem type thermometer provided to measure temperature of food product. 24-05 - Observed clean glasses, cups, utensils, pots and pans not stored inverted or in a protected manner. - 32-02 - Observed lack of handwashing sign at a handsink used by food employees. 36-03 - Observed grease accumulated under cooking equipment. 45-17 - Observed hood suppression system tag out-of-date, — 45-30 - Observed lack of inspection report fram licensed equipment dealer on premise. 53A-01 ~ Observed Food Service Manager with expired certification 53A-01 - Observed Food Service Manager not certified after 90 days of employment.

Docket for Case No: 06-001082