Oct 9 2006 10:04 DEPR OGA PAGE a3/16 lea/ag/ 28686 89:58 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. ; Lieanse No, 1901172 FRANKIE'S GRILL ‘ License Type 2010 espon ent Case No. 2006036507 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitloner’), files this Administrative Complaint against FRANKIE'S GRILL, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public jadging 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 1674 N. FLORIDA AVE, INVERNESS, FLORIDA 34480. The mailing address of record is FRANKIE’S GRILL, at 1230 LOWELL TERR, INVERNESS, FLORIDA 34452. 3. Inspection of this establishment conducted pursuant to Sac. 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 atlendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal ofa license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated theTato, Signed July 06, 2006 ez, Pistrict Manager By delegation of the Director, or de¢ignee Division of Hotels & Restaurants : Department of Business & Professional Regulatia! te Pe COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Businass & Professional Regulation 1940 North Monroe Street Certified Article Number Tallahassee, Florida 32399-1007 Fi’ ef CERTIFICATE OF SERVICE a BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD ADMINISTRATIVE COMPLAINT has been 06. | HEREBY CERTIFY that a true and correct copy of the foregoing hand served by me on this, day of ' Recaived by: : Inspector's Signature Operator's Signature gy Title : Title Gaze Number: 2006036507 District Number: 03 License Number. 1901172 2010 Ferm revised 03,06.06 FRAN#IE'S GRILL Oct 9 2006 10:04 lea/ag/ 28686 89:58 8584146749 DEPR OGA PAGE @4/16 Exhibit A License Number: 19041472 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006036507 "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 Adtninistrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fira Prevention, General Provisions", Florida Administrative Cade, and 61C-1.004(5), Florida Administrative Coda. ‘™" danotes a critical violation. Itis alleged that on December 19,2005, March 22, 2008 and June 8, 2006 the licenses was in violation of Florida Statute 509(F'S) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars, Copy(s) of the repart(s) for the above referencad inspection(s) are attached hereto and incorporated by refarance as Exhibit B. * 4, 06-05-17 3-501.13 FC: THAWING, EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1) AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) TO BE ABOVE 41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD |S EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (B) THE TIME IT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 41 DEGREES FAHRENHEIT; (C} AS PART OF A COOKING PROCESS IF THE FOOD THAT |S FROZEN |S: (1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401, 11(A) OR (B) OR SECTION 3-401.12, OR (2) THAWED IN 4 MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD [S THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. OBSERVED POTENTIALLY HAZARDOUS FOOD, CHICKEN, THAWING IN STANDING WATER, “ 2.06-04-1 3-601,13 FC: THAWING, EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A} UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 47 DEGREES FAHRENHEIT OR LESS, OR (B) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1) AT A WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) TO BE ABOVE AIOEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD [S EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (8) THE TIME IT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 41 DEGREES FAHRENHEIT; (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT IS FROZEN IS: (1) COOKED AS SPECIFIED UNDER PARAGRAPH 3-461.11(A) OR (B) OR SECTION 3-401.12, OR (2) THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF A PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE iN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. : ZOD603E507 Distriet Number: 03 License Numnber: 1 901172 2010 Form revised 03.06,06 FRANKIE'S GRILL Oct 9 2006 10:05 lea/ag/ 28686 89:58 8584146749 DEPR OGA (PAGE 85/16 OBSERVED POTENTIALLY HAZARDOUS FOOD, SHRIMP, THAWING AT ROOM TEMPERATURE. * 3,53A,09-1 610-4.023(1) FAG: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES’ ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. NO CURRENT CERTIFIED FOOD MANAGER ON DUTY. SIX EMPLOYEES WERE WORKING AT TIME OF INSPECTION. . * 4. 63B-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 CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOO HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIMISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVIGE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THiS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 7, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED, Case Number: 2006036507 Distrlet Number: 03 Licanse Number 1901172 2010 Form revised 03.06.08 FRANKIE'S GRILL 4 Oct 9 2006 10:05 lea/ag/ 28686 89:58 8584146749 DEPR OGA PAGE 86/16 EXHIBIT B STATE OF FLORIDA Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS we. myfionda.comdbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE ‘ Failure lo comply with this Noilce may initiate an administrative coniplaint that may negult In eupension or revecation ef your license ay! fines. 8/806 2:45:59 PM _ _ Routing 1807772 SEAT ingpaction Date and Time Inspaction Reagan License Number tid PF ENTERPRISES INC - OvnerName AOMINISTRATIVE COMPLAINT 2.344 4556 FRANKIE'S GRILL ‘ Area Code/Talaphona Numbar Business Name Inspection Result 6 aro? Number of Units Callback Dele/Time Lleanse Expiration 1874.N FLORIDA AVE INVERNESS FL 34450 Addraga / City / Slate / Zip / ate, : ltam 03: Food Temperatures ftom Sda; Cert. Food Managers item 20: Warewashing Sanltizaiign | Item 46: Fire Extinguishers aid re lan Systeme Oates NOTE; Items marked above with an esterisk ("} Indicate a violation ; inspector's Comments le inspection is a result of a noncompled On Stipulation Call Back inspection . Admistrativa Complaint approvett by Dah Erdman, Deputy District janager, D3. | acknowledge receipt of this Inepection form and commonts. GIE/08 : Signature af Recipient Inspector Signature Date Racipient: nonea Ruseo P For further infarmation please contact: . ‘Willer Pippin Tele bartender Benker saraiaton and Sately Spec 3735 W Gite St . Tampa, FL 33607 Phonai 344.4556 80.487. 1366 SOURCE STATUS PHF TEMPERATURE CONTROL STATUS [yes | -b1a Approvad source Ee [esata prope temperature “01b Wholesome, sound condition Yes “3c Foods properly cookadvraheatad! 02 Original container, properly labeled, date marking "03d Foods properly cooled ‘eS ‘Yos STATUS PHF TEMPERATURE CONTROL 04 Facilities to maintain product temperauure Yes “03a Cold food al proper temperatures during storage, *05 Thermometers provided and conspicuously placed display, service, transport, and cold halding “06 Potentially hazardous foods properly thawed Viglatlona marked with an asteriek are critical violations. Ikoms marked YES ara In compllonce. liam Marked NO ara violatong. Specific detalls of violation are fisted on eubsequent pages. lens marked N/A are Nol Applicable. tame Marked as N/O areNol Qbserved, and were not belng conducted at ihe time of Inspecilon. No BPA Farm HA 5022-015 Oct 9 2006 10:05 8584146749 DEPR OGA 1a/ 9/2886 PAGE 7/16 ewe2 EXHIBIT B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION | icenge Number DIVISION OF HOTELS:AND RESTAURANTS SEAT 1801172 amyforiel id www myfaridia.conwvaopr tnepaction Date BG 2:45:59 PM FOOD SERVICE INSPECTION REPORT | LEGAL NOTICE Fatlure to comply with this Notice may intiate an administrative complaint that may result in euspencion or revocation of your lianas and fines, PHF TEMPERATURE CONTROL 33 Containers covered, adequate number, Insect and rodent service, transportation 34 Outaide storage ares clad, enclasure properly Yes FOR Crose-contaminalion, equipment, personnel, storage fe Ecce omc senna | ()'08¢ Potential for cross-contamination; storage practices; STATUS NSECT AND RODENT CONTr® damaged food sayragated [Yes 35 Presence of insacisrodents, Animals prohibited Yes “03 Foods handled with minimum conlact Yes poningé protected from insects, rodent proot Yes 10 in uee food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL - [Yer ——=__13 8 Floors properly constructed, claan, drained, coved iy t hé hi (observed), alternative operating plan es Yas "11 Personnel with infections restricted ‘es 37 Walls, celfings, atid attached equipment, constructed, yes 128 Hands washed and clean, good hygtenic practiens fe | clean az 5 23 Yes 13 Clean clothes, hair restraints, (Yes aa Emnioyae lockers provided and used, claan STATUS “ maintained, Installed, focated Yes Yes 16 Non-foad conlact surfaces degighed, consinxted, maintained, installed, located! Yes 42 Premiges meintained, free of litter, unnecessary articles, Cleaning and maintenance aquipment properly stored. Kitchen restricted to authorized personnal ves ‘19 Wash 7ines waler clean, proper temperature Yes Yee *20a Sanitizing concentration Nes Yes i pes mid Flammable/combystible cmaterlals --property slored Yeo GENERAL Yas +50 Current lcehse properly displayed , 24 Storage/hencdiiny of clean equipment, utensils 61 Other conditions sentry and safe operation SINGLE SERVIGE ARTICLES 42 Falzefmisieadinig statemants published or advertised i oroperly stored, handled, dispansed relating to food/haverage 26 Single service articlas not re-used Ne haga Food management certiiicetion valid |_ status _| WATER AND SEWAGE/PLUMBING Ne "Sab Employee training validation | hes "97 Water source safa, het and gold undgt pressure YES [54 Florida Ciman Indoor Air Act es "28 Sewage and waste water disposed proper Yes 55 Automatic Gratulty Notice Yas 29 Plumbing inslallad and maintained Yes 56 Gopy of Chapter 509, Florida Statutas, available Yas P30 Croge-connection, beck siphonage, backflow __- STATUS . GENERAL STATUS TOILET AND HANDWASHING FACILITIES ea 57 Hospitality Eclueation Program Information Provided Yes 94 Tollet and handwashing facilities, number, convenient, [Yes 58 Smake Free ‘ designed, installed , ves Fa ath Mendaceh sporti awe het Forel Number af COS Violations: 8 dtying davies, tlesue, covered waste receptacles Tatal Number of Repeat Violations: 0 jj ance. heme Marked NO ate violations. Specific retails of viotatlon ara listed on Violations marked wilh an asterisk ara critical violations, ttams marked YES are In comp! Observed, and were nol being conducted at tho time of Inapeciion, subsequent pages. Nlems marked N/A are Net Applicable. Nema. Marked as W/O ara Not PRPR Fern HR 5022-015 Oct 9 2006 10:05 lea/ag/ 28686 89:58 8584146749 DEPR OGA PAGE 68/16 EXHIBIT B STATE OF FLORIDA Page DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT = 1901172 www. myfiorda.com/dbpr Inspection Date 6/8/05 2:45:59 PM FOOD SERVICE INSPECTION REFORT LEGAL NOTICE Failure to comply with thle Notice may initiate an administrative complaint that may result in suspension or revacation of your lloenée and fines. Admintntrative Complalnt(e}: 06-05-71 - Ohbsarvad potentially hozerdous feod thawed In randing water. Chicken ja thawing In standing water, 06-04-4 - Observed potentially hazardous foed , shrimp, thawed at mom temperaturm. , 53A-09-] - No currently canified fond service manager on duty with four or more employees angaped in food preparation. Six employees were working at time of Inspection, 5OB-08-1 - No proof of required emmpieyee training provided, All public food service establishments must provide the division with proof of employes training upon request, Including, bu nod limited to, ot the Ime of anydivéslon inspection of Ihe establishman!, Three employees thet hava been warking more than GO days are not documorted aa having recalved appenved Food Safety raining , Three other employeas have worked fess then 60 days, DBPR Form HA 5022-013 Oct 9 2006 10:05 1a/ 9/2886 49:58 8584146749 DEPR OGA PAGE 89/16 Page 1 STATE OF FLORIDA DEPARTMENT OF QUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS we. nryflarda.cormabpy’ CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with thia Notise may Inflate an adpiinistrative complaint thet may resutt In suspension or revocation of your floense and fines. 3/22/08 2:48:21 PM Warning SEAIO01172 SEAT Callback Inspection Date and Time Inspection Reason License Number FPAndP ENTERPRISES INC ADMINISTRATIVE COMPLAINT Owner Name recommended. Area Code/Telaphone Number FRANKIE'S GRILL Business Name Inspection Result 110 12/18/2008 Number of Units Requested Callback Date/Tima Inkial Warnlng Date 1674 N. FLORIDA AVE INVERNESS FL 34459 Address / Clty / State / Zip / etc. Comments — 4 . following item(s) have been recommended for Administrative Complaint: te OB-01 heerved potentially hacardeus food thawed [nan impreper manner, Molation: 35604-1 Touter door of establishment cannat be properly saaled when closed. Gep at bottom Motatlon: 534-07-1 er ee, 322/06 OAL Gy ie Signature of Recipient Inspactor Signawre For further information please contact: Willam Pippin Reciplant: Frank Plrrane Title owner Phone: 944.4545 Senior Sankation and Safety Spec 3725 W Grace St Tampa, FL 43607 850.487.1995 DBPA Form HR 6022-005 ’ Oct 9 2006 10:05 18/69/2686 89:58 8584146749 DEPR OGA PAGE 16/16 Page 2 : STATE OF FLORIDA Linense Number DEFARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEAINT 2 DIVISION OF HOTELS AND RESTAURANTS Business Name waw.myflorida.corn/dopt FRANKIE'S GRILL Inspection Date INSP CALLBACK ECTION REPORT 3y22108 2:48:29 PM LEGAL NOTICE Fallura te comply with this Natles may Inflate an administrative complaint thet may result in suspension or revocation of your licanse and fines. (o Certflad Food Manoger for astablahment, This violation muat be conmectad by : w19/08, jolation: 538-08-1 fo proof of requited amployee training provided, All public food service oxtubishments must provide the division with proafot employee tralning pan request, Inchiding, but ol bmited to, at the time of any diviston Inspection of the establishment, Pte This violation must ba comectad by 7 3/1 BOB, he Follawing Item(s) ate Ih compliance: iolation: 0718-16-17 lop Sale fsaued on potentlaly hazordous food due to tamparsiure abuse (382 Stop Sale Notles), Rice at 63 degrees. Not known how fong il was oul, Iolation: 02-07-41 beorved processed randy-to-am, potentially hazardous food held more than 24 hours not property date marked after opaning, rolation: 0226-1 vking containers of food removed from original contaiter nat identifed by commen name. lolation: 05-09-41 conspicuously located thermematar in chast coaler, olation: OBA-15+1 ‘ood not stored in a clean/try Incallon that is not exposed to spkashidust, tolatlon: 124-22-1 bssrved food employee louching tiady-to.oat food wih theif bare hands and the establlahment hes no approved Alternative Operaiing Proeedure. lotartony: 200A. 0-1 Hehmachine chioving santizer not at proper minimus strengih. Notation: 23-16-4 baerved opan dumpater lids, Hotgulan: 34-10-17 beerved garhageftash on tha ground sround dumpster pad. iptation: 40-04-17 DAPE Form HR S022.005 Oct 9 2006 10:05 16/89/2866 89:58 8584146749 DEPR OG PAGE 16 ees at Wil Page 3 STATE OF FLORIDA Licanse Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT §EA1901172 DIMISION OF HOTELS ANO RESTAURANTS Business Name ‘www myftoride.com/dopr FRANKIE'S GRILL Inspection Gate CALLBACK INSPECTION REFORT LEGAL NOTICE qaetns 2:48:21 PM Fallure to comply with this Notice may Iniate an sdriinistrative complaint that may result In susperaion or ravocation of your fieanse and fines, served personal fame stored with food. lotatlon: 4 1A-D2-4 beecved toxic item stored by faod and single eardice food containers. DBPR Farm HR 5022-005 Oct 9 2006 10:07 lea/ag/ 28686 89:58 8584146749 DEPR OGA PAGE 12/16 EXHIBIT B STATE OF FLORIDA Page + DEPARTMENT OF BLJSINESS AND PROFESSIONAL REGULATION DIVISION QF HOTELS AND RESTAURANTS wenw.tityfiorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Faure to comply with this Notice may Initiate an administrative complaint that may resuft in suspension oF revocation of your fleange and fines. V2/19/05 2:78:43 PM Routing: SEA1ISO11I72 SEAT. Inspection Date and Time . Inspection Raason Lleanse Number EPAnd? ENTERPRISES INC WARNINGS: Owner Name ' Violations in the operation of your 352.344.4845 FRANKIE'S GRILL “ od by: Area Code/Telaphone Number Business Name 110 03/19/2006 08:00 AM O1-FEB-06 Number of Units Cattback Date/Time License Expiration 674 n. ELORIDA AVE INVERNESS FL 34450 Addrags / Gity / State / Zip / ete. ita 03: Food Temparatumas hem 33a: Can, Food Managers Itam 20: Warewashing Sanitization | liam 45: Fira Extingulshers and Beet, wok in cooler, IB Degrees, “Pastas, codk fine, 63 Degrees, Poultry, cook ine, 38 Degrees F. Sauteed, meachin cooley, 36 Gagreng F, SoupePHF, slasitablyoain mara, TRE egress F. “Sanitizar Type: Chioring found af encentration OOPPM, ‘A Hood Suppression type Fire Belinguiaher, Jound inval Kiichen has a cantificavon date of 7/05, A Class ABC ype Fit Extinguisher, found nat dining Foom hag acertificition dete of 05 A Clegg K type Fire Extinguisher, found inet bar lareahes a certiicmiion date of 4405 NOTE: Itame marked above with an asterisk (*) indicats a violation Incpoctor's Comments | acknowledge recalpt of this inepection form and comments, ee OS than Wf BE 12/15/05 thate Signature af Recipient inspector Signature Recipient Fannk Prone For further information pleage contact: Wellem Pippin Tite owner Santor Ganiintlon and Sately Space 2725 Groce St Phone: s4d.As4s Toes STATUS SOURCE STATUS PHF TEMPERATURE CONTROL "Oia Approved source “Otb Wholesome, sound condition 02 Original compiner, properly labeted, date mark! PHF TEMPERATURE CONTROL “03a Cold food at proper temperatures during storage, display, service, Iransport, and cold holding *03b Hot food at proper temperature "Ose Foods properly copked/reherted *03d Foods properly cooled "04 Faoliitias to mainialn procuct tam “05 Thermometers provided and conspicuously pizced “D6 Potentially hazardous feods properly thawed } Violations marked with an asterisk are crilca! violations, Items marked YES aft in compliance, tem Marked NO are vicistans. Specific dotells of violation ere titted on subsequent pages. Nems marked N/A até NotApplicable. Hema Marked a2 N/O ara Not Gbserved, and wore not being conducted at (he time of inspection. QBPR Form HR 5022-015 lea/ag/ 28686 89:58 8584146749 DEPR STATE GF FLORIDA LEGAL NOTICE Failure to comply with this Notice may inidate an administrative complaint that may DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www, myfiorda.cam/dbpr FOOD SERVICE INSPECTION REPORT Oct 9 2006 10:07 OSA satan ener eee PAGE 13/16 EXHIBIT B Page 2 License Number SEAT = $R41901472 Inspection Date 12/19/05 2:18:43 PM Tasult In suspanaion or revocation of your licanée aid fines. GARHAGE AND REFUSE DISPOSAL Yes 83 Containers covered, adequate number, insect and rodent) No ‘08a Food protection duting storage, preparation. dieplay, pron, emptied at proper invervels, clean service, Fansportation 34 Outside starage araa clean, enciosure properly Yes [+08 Cross-contamination, equipment, parsannal, storage Yes Ofc Potential forcross-cantamination; storage practices; NO RODENT CON Tht? damaged food segregated Insecte/rdents, Animals prohibited Yes "09 Foods handlec! with minimum contact 5 protected from Insects, rodent pr Yes 10 in use food dispensing utensils properly storad STATUS PERSONNEL Yas 414 Personnel with infectiong restricted 87 Walls, cellings, and attached equipment, constructed, No 12a Hands washed and clean, good hygienic practices clean {observed}, altemative operating plan S48 Lighting provided as required. Fixtures shiaidad Yes +4126 Proper hyglanic practices, eating/drinking/smoking Yes 39 Rooms and equipment. verted as required (evidence) STATUS OTHER AREAS Yes 13. Clean clothes, heir restraints No_ 40 Employes lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS No h4 {a Toul items propery stored Yes 14 Food contact surfaces designed, constructed, Yas maintained, installed, Incated Yes 4? Premises malniained, free of litter, uniecaesary articles. 15. Non-food contact surfaces designed, consiructed, maimalned, installed, jocated Cleaning and maintenance equipment properly stored, itehen restictad to authorized personnel “465 Dishwashing facilities designed, constructed, operated 1,Wash 2. Rinse 3. Sanitize 43 Complete separation from iving/slesping area. {pun 44 Clean and soiled linen segregated and properly stored “17 Tharmome)lers, géupas, test kits provided STATUS SAFETY Yes 418 Pre-flushed, scraped, soaked hes "45 Fire extinguishers - proper and sufficient Yee 15. Wash, rinse water clean, proper temperature: Yes 46 Exiting aystem - adequate, good repalr No "20a Sanitizing concentration YER 47 Eloctrical wirng - adequate, good repair Yea *zob Sanitizing lamperature Yes +48 Gas appliances - properly installed, maintgined Yes ‘es 49 Flammeble/combustible matertals - properly stored Yes STATUS : GENERAL Yes 23 Non-food contact surfaces ciaan Yas $50 Current license properly dlgplayed Yes 24 Storage/handiing of clean equipment, utensils Yes Is4 Other conditions santtary and safe operation _ |Yes 23 Service items properly stored, handled, dispensed retating to food/beverage Yes 25 Singie service articles not re-used No *53a Food management carification valid STATUS WATER AND SEWAGE/PLUMBING [No _|*53p Employee training validation Yes "37 Water source safe, hotand cold under pressure Yes 54 Fioride Clean Indoor Air Act Yes +28 Sewage and waste water disposed properly ves 5S Automatic Gratulty Notice Yes 79 Plumbing installed and maintained Mec 56 Copy of Chapter 609, Florida Statutes, avallabia Yes "30 Crose-connaction. back siphonage, backflow STATUS GENERAL TOILET AND HANDWASHING FAGILITIES Yes 57 Hosptallty Education Program Information provided +31 Tollet and handwashing facilltles, number, convenient, [Yes SB Smoke Free designed, installed a2 Restroms with self-closing doors, fixtures oporste properly, faeltty cteon, supplied wilh handscap, dispoanble towels of hand QO 0 Total Number of COS Violations: Total Number of Repest Violations: drying daviees, teaue, covered waste TECOpINGIES Violations marked wih an aserisk ara critical violations. [terms subsequent sages. Nome marked N/A are Not Applicable. Items Mar! DEPR Form HR 5022-015 marked YES are in compllance, Items Marked NO are violutions, Specific details of violation ate listed on hed os NO are Not Observed, and were not baling condudied at the time of Wispeetlon. Oct 9 2006 10:07 lea/ag/ 28686 89:58 8584146749 DEPR OGA PAGE 14/16 AHIBIT B STATE OF FLORIDA Page 9 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — Llsanse Number DIVISION OF HOTELS AND RESTAURANTS: SEAT = SEA1901172 wew.myfloride.cot/abpr Inspection Date 12/19/05 2:18:43 PM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Faiture to comply with this Notes may initlate an administrative complaint that may result In suspension or revocation of your Ieanga and fines, Waming(a}: O18-16-1 - Stop Sale seued on potentially hazardous foud dua to temperature abuse (sce Stop Sete Notice}. Ries 4 43 depres. Not known how fong Itwas oul. 02-26-41 - Working containers of food removed from arlginat container not Identified by common name, 0207-1. Observed procassed ready-te-aat, potentially hazardous food held more than 24 hours not properly date marked aflar opening. 05-05-41. No conspicuously located thermometer in chest coder. 08-01 - Observed potentially hazardous food Ihawed in an Improper mannnr, O8A-15-4 - Food not stored in » clagn/dry location that Is not exposed ta splash/dust. 12A22—1 » Obgerved ised employee touching reedy-to-vat food with thelr bare hands and the establiehment has no approved Ajlernative Opetaling Procodyrts. 2OA-1t-1 - Dishmaching chlorine sanitizer net al proper minimum strength: 33-16-1 - Observed pan dumpsvar lids, 4-10-1 - Observed garbage/tragh on the ground around dumpster pad. 35B04-1 « Outer dogrof establishment cannot be properly pasied when closed, Gap al boltem. 40-041 « Observed personol dems stored with food, A ie2-1 » Obeerved toxic ten atored by food and sirigia service foad containers, 53A-07-1 - No Certified Food Manager for esimbilahmnent. This violation must be corrorted by : 3/18/06, 530-H8-1 - No proof of raqiétad empioyae training provided, All public food cervice establishments must provide the division with preofol employee training upon raqueat, inelveing, but nol limited to, at the time of any division Inspection of the establishment. Pro ‘This violation must be carmected by : 3/1/06. DBPR Form HR 5022-015 Oct 9 2006 10:08 1a/69/26686 89:58 8584146749 DEPR OGA PAGE 15/16 EXHIBIT B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wow myfiorda.com/dopr STOP SALE ORDER LEGAL NOTICE {2/19/05 3:28:23 PM FRANKIE'S GRULL SEAI901172 SBAT Inspection Date and Time Business Name Licanse Number EPAndP ENTERPRISES ING ual D1 -FEB-O6 Owner Name Number of Units Licenge Expiration Area Code/Telephone Number 1674 N, FLORIDA AVE : INVERNESS FL 34450 Address / City / State / Zip / ete, The division may stop the sale, and supervise the proper destruction, of any food ar food product when the director or designee determines that such food of food product rapresants a threat to the pubic safety or walfare. ithe operator of a public food service satabllshment Teansed under this chapter has rected officlal notiication from a heatth authority that food ot! food product from that getablishment has potentially contributed to any instance or outbreak of foodborne illness, tha fad of food praduct must ba maintained In safe storage In the eclablishment until the responelble health authorlty has examined, sampled, selzed, or requested destruction of the food of food product, Subsection §09.082(4) Florida Statutes YOU ARE HERESY NOTIFIED TO IMMEDIATE STOP THE SALE OF THE FOLLOWING P' Article Brand ID Number Manufacturer | Quantity homemade 2 quarts. Mexican Rice | REASON FOR ISSUE: The division finds that an immediate danger to the public safety or weHare adats, baesd on the following condiions found for the sbove Hated fnod Itam{s): Food not maintalning cold holding temperature of at least 44 Degrees F of less for more than 4 hours. ADDITIONAL ARTICLES, REASONS, OR COMMENTS ON ADDENDUM 3 ASS bi SW jy 12/78/05 Date Signature of Recipient Inspector Signature Recipient: Frank Pirro For further Infarmation please contact: Tithe owner Witam Pippin . Senior Sanitation and Safety Spee Phone: 944.4545 2725 W Grace St Tampa, FL 33607 850.487.1395 ' DBPR Form HR 5022-043

Docket for Case No: 06-003877