OT O08? my STATE OF FLORIDA O7 FEB 1 ¢ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. . ; License No. 1600176 FLICKER LITE fe dent License Type 2010 espon' pe Gase No. 2006063740 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against FLICKER LITE BAR, ‘("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 1014 N OCEAN DR, HOLLYWOOD, FLORIDA 330191209.The mailing address of record is FLICKER LITE BAR, at 1014 N OCEAN DR, HOLLYWOOD, FLORIDA 33019-1209. 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 progtam sponsored by the Department's Hospitality Edutation 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 promulgat Signed November 21, 2006 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 Reguiation 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 2008. Received by: Inspector's Signature . - Operator's Signature Title : _ Title Case Number: 2008063740 - District Number: 02 License Number: 1600176 2010 . Form revised 10.10.06 FLICKER LITE BAR Exhibit A License Number: 1600176 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006063740 “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 Cade. “*" denotes a critical violation. It is alleged that on November 2, 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 d inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 41.02-06-1 - 3-501.17(F) FC:: (F)A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD INGREDIENT OR A PORTION OF A REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD THAT IS SUBSEQUENTLY COMBINED WITH ADDITIONAL INGREDIENTS OR PORTIONS OF FOOD SHALL RETAIN THE DATE MARKING OF THE EARLIEST-PREPARED OR FIRST- PREPARED INGREDIENT. OBSERVED COMBINED READY-TO-EAT POTENTIALLY HAZARDOUS FOOD HELD MORE THAN TWENTY-FOUR (24) HOURS NOT DATE MARKED ACCORDING TO EARLIEST DATE OF OPENING/ . PREPARATION. * 2.08A29-1 3-302.11(A)(4) FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/ DRY STORAGE AREA...REAGH-IN-COOLER. 3. 14:37-1 _4-601.12FC:: CUTTING SURFACES, SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. . OBSERVED CUTTING BOARD GROOVED/ PITTED AND NO LONGER CLEANABLE. * 4, 45-35-1 NFPA 4, 13.1.5 AND 10.2.2:: DETAILED RECORDS DOCUMENTING ALL SYSTEMS AND EQUIPMENT TESTING AND MAINTENANCE SHALL BE KEPT BY THE PROPERTY OWNER AND SHALL BE MADE AVAILABLE UPON REQUEST FOR REVIEW BY THE AHJ. THE AHJ SHALL BE PERMITTED TO REQUIRE THE OWNER, OPERATOR, OR OCCUPANT TO PROVIDE TESTS OR TEST REPORTS, WITHOUT EXPENSE TO THE AHJ, AS PROOF OF COMPLIANCE WITH THE INTENT OF THIS CODE. NO CURRENT HOOD FIRE SUPPRESSION SYSTEM INSPECTION REPORT AVAILABLE WITHOUT VIOLATIONS, * §,32-10-1 6-501.47FC:: TOILET ROOM RECEPTACLE, COVERED. A TOILET ROOM USED BY FEMALES SHALL BE PROVIDED WITH A COVERED RECEPTACLE FOR SANITARY NAPKINS, ‘ OBSERVED UNCOVERED RECEPTACLE IN WOMEN'S BATHROOM. Case Number: 2006063740 ‘District Number: 02 License Number: 1600176 2010 Form revised 10.10.06 FLICKER LITE BAR * 6.02-13-1 3-603.11 FC:; CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF-A DISCLOSURE AND REMINDER, AS. SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DEL! CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INCLUDE: (1) ADESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS)," "RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER); OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS wr INCREASE YOUR RISK OF. FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL NDITIONS. ; . . CONSUMER ADVISORY ON RAW/ UNDERCOOKED OYSTERS NOT POSTED. Case Number: 2006063740 “+ District Number: 02 License Number: 1600176 2010 -Form revised 10.10.06 FLICKER LITE BAR - STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FOOD SERVICE INSPECTION REFORT Fart cml wth Nate ay to adnate can nyu apron ec! 21/02/06 11:14 AM ‘Inapection and Time Gentine Types Chacha own at Concentration of 100 PPM, . ; Inspector Signatire Recipient: jt : For further information please contact: : New User Tie manages Senator ety Spot Som cacrt creck Ha Phone: 954-444-9 Margate, Fl 33063 335 . 890-487-1395 I Ec trom at SD, pF Write, sr conaion one jot RO ginal container; properfy labeled, date marking fig ~~~ ieraastowt atone ka erent omen —— ¥03c Foods property cooked/reheated WA "02-13 Consumer advisory on raw/undercod i jonas cooled ~ BXHIBIT STATE OF FLORIDA ARTMENT OF BUSINESS AND PROFESSIONAL REGULATION - DIVISION OF HOTELS AND RESTAURANTS werwsmytionide.com/ dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE . Page 3 License Number SEAT 1600176 Betsiness Name "FLICKER LITE BAR Inspection Date 11/02/06 11:14 AM Fathice to comply with this Notice may initiate an edministrative complaint that may result in suspension or revocation afpeunievemeceens fase. Violation(s): ‘206-1:Obeerved combined ready-to-eat potently hazardovm food held more than 24 hours net date marked acceding to earllost date of openinn/preperstion, . 8A-29-1:Obeerved uncovered food fn hokling ut/dry storage area reach i cooler 14-37-1 Observed cutting boerd grooved/pitted and no longer cleanable, 45-35-1:No current hood fire suppression systam inspection report availeble. without violations. | 32-10-1:0bnerved uncovered receptacle in women's bethroorn, 02-11:Consumer advleory on raw /undencpoked oystars Not easteat BPR Form HR 5022-015 Ang futur... DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Page 1 of oe Flovidict Future Sea ara eee , DBPR BHIBILB “icon nonce Food Service Inspection Rep [1 2012 Theme PanFood Cat Le INSPECTION TYPE " . 0 2013 Catering 12014 Nobile Food Dispensing vendo 12015 Vending Machine [J 2051 Unlicensed Food 17 Ucensing (LIC) 1 Comptaint Full (COMP) 1 Comptaint Partial (CPAR) (11 Disaster Response (DSTR) 1] Service Requast (SERV) 1 Quality Assurance (QA) D Treining (TRNG) Cl ovginal Vat B SX Ccattback Freecom Oe at he e's aio atthe tne of Fispactn Mark" in appropriate bax for COS andior R COS = corrected on-site during it _1 Food obtained from approved source ee aa Consumer advisory on rawlundercooked animal products _ eee ena mane Cold food at proper temperatures during storage, display, service, transport, | LNA OTT TNA 100-43 Potentialy matt itnenvalermeeerebemreraclen | and cold holding . Sen On Hazardous Food =| Vi ¢ j Hot food at proper temperature _ a a Tinie/Temperature Foods propel a conkadichadied ee eee Foods prope : Unwrappe Wea ly hazardous food not re-served : . Protection from Food protection during storage, preparation, dis ene, apa wfeeen | Contamination LIN | OUT ob Tc Cross-contamination, equipment, personnel, storage _—{—— : Food contact surfaces clean and sanitized Foods handied with minimum contact __. _. __| Personnel with infections restricted i Hands washed and clean, good hygienic practices (observed), altematve : Personnel pera ra. SFT say hear eon Wepray pee pereetemaemeen Ht Toxic substances = properly stored Toxic substancas prope labeled used INSPECTION DISPOSITION (2 inspection Completed —No Further Acton WAT) | Calback - ~Complied (CBCM) Oo ‘aimibistatve Compiint Recommended oO Emergency Order Recarmended cay cae aT ey” cam back ~ Time oa = oe =) a oa lacknowledge recelpt of these inspection forms and comments, —_Vidlatione must be corrected by: i : aw AETONAL VOCATIONS Sella — oF nw RRP Vv ‘Telephone DBPR Form HR 8022-015 “ www. MyFlorida. comidbpr . 2006 July 28 Alorihch Potwren. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . Page 2of oes DBPR,, EXHIBIT B_ uceunonce Pap 20h Food Service inspection Report "04" Facilities to maintain product te product temperature 05 Thermometers provided and conspiusy placed 7 06 Potentially hazardous foods *08c Potential for cross-contamination, soto practices; damaged food id (0-_in use food dispensing utensils properly store 3 properly stored ___| i Clean clothes, hair restraints installed, located installed, located —J 16 Dishwashing facilities designed, constructed, operated 1. Wash 2, Rinse 3, Sanitize J 17 Thermometers, gauges, test kits provided Da Pee rere No.unnecessary arlicles. Cleaning & maintenance equipment properly stored. Kitchen restricted, L_] 43 Complete separation from living/sleeping area | CJ 44 Clean and solted linen seg regaled and properly stored [| | (5°45 Fire exting ishers — pro 7 20a Sanitizing concentration I _) *20b Sanitizing temperature * Fahrenheit 21. Wiping cloths clean, used properly, ston 2 ee _-Non-food cont gontacl sutaces ¢ surfaces clean __ equipme ensed f pressure 2 J prope 29 Purti installed and maintained : [2 pee: statements published or adverlised relatng {o foodibeverage . | LJ 54 Florida Clean Indoor Air Act Compliance _ [J 65 Automatic Gratuity Notice es 56 _ Copy of Chapter 509, Florida Statutes available Ld [1 §7_4 Hespaty Educate n Program lnformation provided —_ ~_instatied E33 Garbage containers covered, adequate number, insect and rodent proof, emptied at proper intervals, clean __ or cro on iil, fede Ta L_] Additional Comments on Attached SI A Person in Charge (Signature) b+ LA Go . Date VL) inspector ‘Sunatue) —§ yyrpa (Praia ae Af 2D DBPR Form HR 5022-015 www. MyFlorida.convdbpr 2006 May 2

Docket for Case No: 07-000863