Jun 26 2006 13:37 B6/ 26/2886 13:34 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .. . . DIVISION GF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : | 5 FAST EDDIE'S BAR & GRILL ticonee Me a Respondent. Gase No. 2006012175 ADMINISTRATIVE COMPLAINT ; The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS ANP RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FAST EDDIE'S BAR & GRILL, (‘Respondent’), and says: : 4. Patitioner is the stata 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, Ilcansed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 3300 W COLONIAL DR, ORLANDO, FLORIDA 32808.The mailing address of racord is FAST EDDIE'S BAR & GRILL, at 3300 ‘W COLONIAL BR, ORLANDO, FLORIDA 32808. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flerida 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 Hospitallty Education Programm; suspension, revocation, or refusal of a licanse Issued pursuant to thie Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed March 07, 2006 ( > . ‘, u —— 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 Attomey Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Sireet__ Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: a THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006 Received by:__. Inspector's Signature Operator's Signature = Title Title Cage Number: 2006012175 Form revised 92.20.05 Licanse Type: 2010 Permanent Food Service District Number, 04 FAST EDDIE'S BAR & GRILL Licanse Number: 5800565 Jun 26 2006 13:37 B6/ 26/2886 13:34 8584146749 DEPR OGA PAGE @4/a7 sere otey ones be wccamemslttet nae ivan grief sh nee foe a LAE oe ores fh ER a RAR TT Exhibit A 422-2464 4-80211(E) FC: (€) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS . --- SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT-GONTAGTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED: (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; {3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT AFREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ASSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. THERE WAS A SOIL BUILD-UP INSIDE THE ICE BIN. * 8 2841-1 5402.13 FC:: CONVEYING SEWAGE, SEWAGE SHALL BE CONVEYED TO THE POINT OF DISPOSAL THROUGH AN APPROVED SANITARY SEWAGE SYSTEM OR OTHER SYSTEM, ; INCLUDING USE OF SEWAGE TRANSPORT VEHICLES, WASTE RETENTION TANKS, PUMPS, PIPES, HOSES, AND CONNECTIONS THAT ARE CONSTRUCTED, MAINTAINED, AND OPERATED ACCORDING TO LAW. OBSERVED POOLED STANDING WATER UNDER THE COOK LINE EQUIPMENT BACKING UP IN THE FLOOR DRAINS. 6, 32-02-1 6-202.14 FC, 810-1.004(2)(B) FAC: PUBLIC BATHROOMS SHALL BE COMPLETELY ENCLOSED AND SHALL HAVE TIGHT- FITTING, SELF CLOSING DOORS OR, IN BATHROOMS LOCATED OUTSIDE A PUBLIC FOOD SERVICE ESTABLISHMENT, HAVE ENTRANCES AND EXITS CONSTRUCTED IN SUCH A MANNER AS TO ENSURE PRIVACY OF OCCUPANTS, SUGH DOORS SHALL NOT BE LEFT OPEN EXCEPT DURING CLEANING OR MAINTENANCE EXCEPT THAT THIS [ENCLOSURE] REQUIREMENT DOES NOT APPLY TO A TOILET ROOM THAT IS LOCATED OUTSIDE A FOOD ESTABLISHMENT AND DOES NOT OPEN DIRECTLY INTO THE FOOD ESTABLISHMENT SUCH AS A TOILET ROOM THAT IS PROVIDED BY THE MANAGEMENT OF A SHOPPING MALL. THE MEN'S RESTROOM DOOR WAS LEFT OPEN. THE SELF-CLOSING ASSEMBLY HAD BEEN DISASSEMBLED. 7. 3210-1 5-601.97FCO:. TOILET ROOM RECEPTACLE, COVERED. A TOILET ROOM USED BY FEMALES SHALL BE PROVIDED WITH A GOVERED RECEPTACLE FOR SANITARY NAPKINS. THE WASTE RECEPTACLE IN THE WOMEN'S BATHROOM WAS UNCOVERED, 8. 36-07-1 6202.41 FC: LIGHT BULBS, PROTECTIVE SHIELDING, (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, (8) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PAGKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. THERE WERE MISSING LIGHT SHEILDS IN THE KITCHEN. * denotes critical violation Case Number. 2006012175 License Number: 5800565 FAST EDDIE'S BAR & GRILL District: 04 License Type: 2010 Jun 26 2006 13:37 B6/ 26/2886 13:34 8584146749 DEPR OGA PAGE 85/87 Exhibit A ce eee 9, 454 1t - NEPA, 6.3-1c - FREQUENCY. FIRE EXTINGUISHERS. SHALL BE SUBJECTED-TO.-. MAINTENANCE AT INTERVALS OF NOT MORE THAN 1 YEAR, AT THE TIME OF HYDROSTATIC TEST, OR WHEN SPECIFICALLY INDICATED BY AN INSPECTION OR ELECTRONIC NOTIFICATION. | THE PORTABLE 40 BG AND ABC FIRE EXTINGUISHER TAGS WERE OUT OF DATE. THEY HAD BEEN LAST TAGGED OCTOBER, 2003. * 40, 45-36-1 NPFAQ9G, 11.2.1:: AN INSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 8 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. . THE HOOD FIRE SUPPRESSION SYSYTEM WAS OUT-OF-DATE. LAST TAGGED OCTOBER, 2003, * 44, 47-08-41 610-1,004(11) FAC:: ELECTRICAL WIRING, TO PREVENT FIRE OR INJURY, DEFECTIVE ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR. NO EXTENSION CORDS SHALL BE USED EXCEPT DURING CLEANING, MAINTENANCE AND OTHER TEMPORARY ACTIVITIES. ONLY A WALL SWITCH OR APPROVED PULL GORD SHALL BE PERMITTED IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS OF NFPA 70, THE NATIONAL ELECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4A-3, FAC, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRIGAL OUTLETS SHALL BE PROVIDED. OBSERVED AN EXTENSION CORD IN USE FOR THE TELEVISION IN THE POOL ROOM. _ * 42, .80-09-1 $09.241(3) FS, 61C-1.002(1)(7) FAC: ANY LICENSE ISSUED BY THE DIVISION SHALL BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT. PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH OFFER CATERING SERVICES SHALL DISPLAY THEIR LICENSE NUMBER ON ALL ADVERTISING FOR CATERING SERVICES. THE CURRENT LICENSE FROM THE DIVISION SHALL BE CONSPICUQUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT, IF NO OFFICE OR LOBBY IS PRESENT ON THE PREMISES OF THE LICENSED ESTABLISHMENT, THE LICENSE MUST BE READILY AVAILABLE FOR INSPECTION UPON REQUEST. THE DIVISION SHALL ISSUE A LICENSE, WHICH IS BPR FORM 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, INCORPORATED HEREIN BY REFERENCE TO EACH PUBLIC FOOD SERVICE ESTABLISHMENT WHICH HAS SATISFIED THE REQUIREMENTS OF CHAPTER 508, FS, AND THIS CHAPTER UPON INITIAL LICENSING AND ANNUAL RENEWAL, IN ADDITION TO THE LICENSE, THE DIVISION SHALL ISSUE A LICENSE DECAL, WHICH IS BPR FORM 21-023, LICENSE DECAL, INCORPORATED HEREIN BY REFERENCE TO EACH MOBILE FOOD DISPENSING VEHICLE, THEME PARK FOOD CART AND VENDING MACHINE WHICH MUST BE PROMINENTLY DISPLAYED AND AFFIXED TO THE VEHICLE, CART OR MACHINE. THE DIVISION OF HOTELS AND RESTAURANTS LICENSE WAS NOT PROPERLY DISPLAYED. 13, 51-18-1 509.101¢1) FS AND 616-1,002(8)(C)FAC:: ANY OPERATOR OF 4 PUBIC FOOD SERVICE ESTABLISHMENT SHALL MAINTAIN THE LATEST FOOD SERVICE INSPECTION REPORT OR A DUPLIGATE COPY ON PREMISES AND SHALL MAKE IT AVAILABLE TO THE PUBLIC UPON REQUEST. THE OPERATOR OF EAGH PUBLIC FOOD SERVICE ESTABLISHMENT SHALL MAINTAIN THE LATEST INSPECTION REPORT ON PREMISES AND SHALL MAKE IT AVAILABLE TO ANY CONSUMER WHO ASKS TO SEE IT. : A COPY OF THE LAST INSPECTION REPORT WAS NOT PROVIDED. * denotes critical violation Case Number 2006012175 License Number: 5800565 FAST EDDIE'S BAR & GRILL District: 04 Licanse Type: 2010 Jun 26 2006 13:33 B6/ 26/2886 13:34 8584146749 DEPR OGA PAGE 86/a7 Exhibit A 14, 54-11-1 610-1.004(8)(D) FAC: (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE wo --—- ADEQUATELY SECURED. SO .AS-TO PRECLUDE ANY DANGER TO SAFETY. Be THE CARBON DIOXIDE TANKS BESIDE THE WALK-IN COOLER WERE NOT ADEQUATELY SECURED. 415. 51-13-1 509.2131) FS: (1) EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHIGH ILLUSTRATES AND DESCRIBES THE HEIMLICH. MANEUVER PROCEDURE FOR RENDERING EMERGENGY FIRST AlQ TO A CHOKING VICTIM IN A CONSPICLIOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES’. THERE WAS NO HEILMLICH MANEUVER SIGN. * 48. 63A-07-1 610-4.023(1) FAG: | (1) BACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. ‘ THERE WAS NO PROOF OF A CERTIFIED FOOD MANAGER FOR THE FACILITY. * 47.53B-08-1 509.049 FAC: 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 GHOSEN 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 PUBLIG 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 A CERTIFIED FOOD SERVIGE 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 7, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF THE EMPLOYEE FOOD HANDLER TRAINING AVAILABLE. * denotes critical violation Case Number: 2006012175 District: 04 License Number: 5800565 License Type: 2010 FAST EDDIE'S BAR & GRILL

Docket for Case No: 06-002278