& ey a é L My, ~&, oy », 29 b d - STATE OF FLORIDA 4 gas Vp, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Hes. 4, DIVISION OF HOTELS AND RESTAURANTS Ag fase 7 DEPARTMENT OF BUSINESS AND OS Ve PROFESSIONAL REGULATION on Y q ™"» Petitioner, * O “| 0 vs. . PECK'S OLD PORT COVE rigense type ne Respondent. Case No. 2006056880 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner’), files this Administrative Complaint against PECK'S OLD PORT COVE, (“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 20.1685 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 139 N OZELLO TRL, CRYSTAL RIVER, FLORIDA 34429.The mailing address of record is PECK'S OLD PORT COVE, at 139 N OZELLO TRL, CRYSTAL RIVER, FLORIDA 34429, 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 17, 2006. ; District Manag 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 02-9849 ! CERTIFICATE OF SERVICE IE st BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been Certified Article Number hand served by me on this. day of , 2006. Received by: Inspector's Signature Operator's Signature Title Title District Number: 03 Form revised 10.10.06 Case Number, 2006056680 License Number: 1900569 2010 PECK'S OLD PORT COVE Exhibit A License Number: 1900569 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006056680 “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 Administrative Code. “NFPA” 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. “*" denotes a critical violation. It is alleged that on July 12, 2006 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. * 4,52-01-1 509.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT. THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT |S SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TOA DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. IDENTITY OF FOOD PRODUCT MISREPRESENTED, OBSERVED "GROUPER" ADVERTISED, "SWAI” BEING SOLD/SERVED AS "GROUPER". District Number: 03 Form revised 10.10.06 Case Number: 2006056680 License Number: 1900569 ° 2010 PECK'S OLD PORT COVE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : Division of Hotets and Restaurants Here LEGAL NOTICE me ae Food Service Inspection Report EXHIB [ | 1 2013 Catering PL Unscheduled (ROUT) (6) 2014 Mobile Food Dispensing Yehicle 71 Ucensing (LIC) 7 2015 Vending Machine {2] Compliant Futt (COMP) 1] 2051 Unticansed Food (7) Complaint Partial (CPAR) TAN ts : C1 Disaster Response (DSTR) oz elo Tr i J Epidembiogical (EP!) =| yer Ee; \ yy 79 14 0 S6 a com Request (SERV) inspector Nea vata Data REMINDER: Your icanseexpies << 2) ‘Assurance (QA) crm _| aS |) 1 Ja log [nso/4aa| oom sens eC tn torre Mark °X" In appropriate box for COS and/or R {N= in complanca_OUT = notin compliance _N/O = not observed N/A = not appficable COS = corrected on-site during inspection_R = repeat violation COMPLIANCE STATUS ; | cos TR eS} or [Ota | Food obtained from approved source Approved Source ouT Wholesome, sound condition — - property labeled, date mating , ae NA | 02-44 "Consumer adviso on rawlundercooked oys Consumer Advisory HoT NIA “Consumer advisory on rawiundercooked china oducts Cold food at proper temperatures during storage, display, service, transport, Potentially @) 03a | and cold holding Hazardous Food IND] OUT | NO | NA | 03b | Hot food at proper temperature Time/Temperature Ch | out NO} NA [| 03c | Foods properly cookedireheated _ ee OuT | NOT NIA | 03d | Foods properly cooled (cit) Unwrapped or potentially hazardous food not re-served _ | Protection from CouT)| 08a | Food protection during storage, preparation, display, service, transportation __. Contamination CIN) [| 08b | Cross-contamination, equipment, personnel, storage (ny our 22 a (CNS | OO ____| 11 | Personnel with infections restricted r_ (IN) ouT | NiO 12a Hands washed and clean, good hygienic practices (observed), altemative Dersonnel L | |_operating plan ee ee on Cin) [OUT | NO 12b | Proper hygienic practices, eating/drinking/smoking (evidence; _ Restrooms with self-closing doors, fixtures operate property, facility clean, CN 32 | supplied with hand soap, disposable towels or hand drying devices, fissue, = covered waste receptacles : KIN OUT, | i ata hema ens our +] —-iie- tas asc sete sat J Yemonstration of NY our | | | 53a__| Food management certification valid wy} our} || 53b | Employee Training verification | "> > ery ] Inspection Completed zie Further Action (ISAT) | (] Callback ~ Complied coacay CRO) - Oo nie era Callback - oO Emergency Order Callback - {_ Waning Given (WARN) 00 Toly1'3, 204} 1D Caltoack - Extneon Gen (C89 pid ACC Complied (EOCM) rz Order Gack ~ Ti See | Sg : et ick = Not co Orget Calack ~ Not } Closed ~ Out of Business (COFB) o Hansa i Qo irs it Callbac Hb fecaapa DL) AS 2806| LU) Dogon P BO) 18 7-1 39 BPR Form HR 5022-015 www.MyFlorida.com/dbpr 2006 May 2 Flakes fatonte.. DEPARTMENT OF BUSINESS AND PROFESSIONAL necursnok ATT | B IT B Page 2 of 4 DBPR Division of Hotels and Restaurants m LEGAL NOTICE Ye elo Food Service Inspection Report (1°04 Faciifies to maintain product temperature [) 05 05 Thermometers prov 's provided and conspicuously placed __ a 06 Polentialy hazardous foods properly thawed TTP TOT CEP ab outer openge prolate re 5 “Be Puental for cross-contamination, storage practices; dam: =: camage | LT 36 Phys tes fos poe Toor properly consliced: deen, Gana, dean, drained, | —— 37 Physical Taolties walle, ceilings and attached equipment, constructed, clean "44 Food contact surfaces designed, consiructed, maintained, r installed, located | 39_Rooms and equipment - vented as renee LJ 15 Non-food contact surfaces designed, constructed, maintained, r ——f 1 40_Employee lockers provided and used, clean __ ~ instatled, located i (J 42 Premises maintained, no unnecessary arficles. Cleaning & FJ 16 Dishwashing faclities designed, constructed, operated maintenance equipment properly stored. Kitchen restricted, {Wash 2, Rinse_3, Sanitize 3 ete separation from living/sieeping area, laund | stant nel 47_ Thermometers, Bae, test kits provided 44 Clean and soiled linen segregated and properly stored 1 18_Preflushed, scraped, soaked [| $4 “45 Fire extinguishers - proper and sufficient ~]_ 19 Wash, rinse water clean, proper femperature FIRE EXTINGUISHERS: Date(s) SUPPRESSION SYSTEMS: Date(s) =} pe Seen ceentaion__ ppm r++ s [- 05° "20bSanitizingtemperature °Fahrenheit | . 21 Wiping cloths clean, used properly, sored + LARC [-ow /ABC No Tas Le 23 _Non-food contact surfaces clean ee _| [146 Exiting system - adequate, good epar al 24. Storagefhandling of clean equipment, utensils | [et *47 Electrical wiring — adequate, good repair 25 _ Service items properly stored, handled, dispensed = 748 Gas appliances — properly installed, maintained 26 Single service articles not re-used (| [}*49 Flammable/combustible materials - properly stored [ *27 Water source safe, hot and cold under pressure : [£1750 Current licens e, properly displayed — *25 Sewage and waste water disposed propery a | BX 51 Other concitions sanitary and sale operation _Tef 29 Plumbi installed and maintained installed a 33 Garbage containers covered, adequate number, insect and aii | [J 56 Copy of Chapter 509, Florida Statutes available . — ied at proper intervals, ch [~ [2157 _Hospitaity Education Program Iniormation provided tem No. | Violations cited in this report must be corrected within the ime frames below, or as s Liecigges of ts dsp gid ate faire thafl_in Fink al Sigg pesugaaer Oy) Vy) Ain) LOS ted =) 7 — “ nel 4 Ty Dy) A as oo ae] dish Macy) a 3 i | There is_4_hg Dla Be fin center pf the Sephic Drain Feld aS The BC. tated fice evtivauisher 1s past due 6 ad cvica. Last taaged (8, fal RN State of Florida EXHIBIT Bntrot Number fess Department of Business and Professional Regulation : H) Division of Hotels and Restaurants 17. Sete oa www. hospitalityeducation.org COMMENTSSHEET rset Addendum to DBPR Forms HR 5022-005, 5022-014, 5022-015, 5022-082, or 5022-083. For comments fo the Lodging, Food Service, or HACCP Inspection; Call Back/Reinspection Report, or HACCP Plan Verification. repacin MyFlorida.com 2001 November 01 DBPR Form HR 5022-042

Docket for Case No: 07-000492

Issue Date	Proceedings
Feb. 07, 2007	Order Closing File. CASE CLOSED.
Feb. 06, 2007	Joint Motion to Relinquish Jurisdiction filed.
Jan. 29, 2007	Election of Rights filed.
Jan. 29, 2007	Administrative Complaint filed.
Jan. 29, 2007	Agency referral filed.
Jan. 29, 2007	Initial Order.