Mar 23 200? 11:02 ga/2a/28e87 8d? 8584146749 DEPR OGA PAGE @4/a7 LA * STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, v3. Licarea No, 2102708 PAD THA! Respondent License Type 2010 ponient, Case No. 2006089055 ——___/ The DEPARTMENT OF BUSINESS AND PROFESSIONAL PERTLATN, DIVISION OF HOTELS AND RESTAURANTS, {"Petitioner’), files thls Administrative Gamptaint against PAD THAI, ("Respondant}, and says; 1, Petitioner ts the state agency charged with segulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20.185 and Chapter 609, Florida Stabutes, 2. Respondent is, and has been al all times material hereto, licansed by or subject to the Jurisdiction of tre Division ef Hotels and Restaurants. The raspondent’s business address of record is 875 VANDERBILT BEACH RD, NAPLES, FLORIDA 34108. The mailing address of record Is PAD THA, at 875 VANDERBMT BEACH RD, NAPLES, FLORIDA 34412. 3, Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealad violations of the provisions of Chapter 509, Florida Statutes, and for the rules promulgated thereto governing * operation of the establishment. Tha violation(s} found and applicable law are dasoribad in Exhibit"A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B*, incorporated herein by psfarance. ‘ WHEREFORE, Petitioner respectfully requests entry of an Order imposing ane or more of the following penalties: administrative fina not ta axcoad $t,000.per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Departments Hospitality Education Program; suspension, revocation, or refusal of a leanse Issued purauent to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated theretn. Signed Dacamber 21, 2006 7 Gary Titan, District Manager By delegation of the Director, or designes: Olvision of Hatelé & Restaurants Oepariment of Business & Professional Ragufation COUNSEL FOR THE DEPARTMENT: Chartes F. Tunnicitff, Laed Attomeay Florida Bar No. 0153831 Department of Business & Professional Regulation 1949 Morih Monroa Street Tallahassee, Florida 32389-1007 A CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7180 39019849 2279 7240 l that a (rua p of the faragoing ADMINISTRATIVE COMPLAINT has been : aL Be Recrived by: ee Operators Sig fle ~ eS iv Aa ‘eo Case Nomber: 2008060055 Diatriet Number: 07 Form revied 1010.08 License Number: 2702708 20t0 PAD THA! Mar 23 200? 11:03 ga/2a/28e87 8d? 8584146749 DEPR OGA PAGE 85/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Va. License No, 2102708 PAD THAI Respondent License Type 2010 espon , . Case No. 2006068055 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against PAD THAI, ("Respondent"), and Says: 41, Patitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sectlon 20.168 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 875 VANDERBILT BEACH RD, NAPLES, FLORIDA 34108. The mailing addrass of record is PAD THAI, at a75 VANDERBILT BEACH RD, NAPLES, FLORIDA 34112. 3. Inspection of this establishment conducted pureuant 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," atlached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “8”, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the folowing penalties: administrative fine not to éxceed $4,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, SUSpension, revocation, of refusal of a [lcense issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed December 21, 2008 Loe Lf, Gary Tillrian, 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 2219 7: [HEREBY CERTIFY: that a true and correct copy of the foraging ADMINISTRATIVE COMPLAINT has baen hand served by me on this day of : , 2006. Recelved by: Inspector's Signature Operator's Signature Title : Title District Number: OF Case Number, 2006060055 Num Form reviged 10,10.06 License Number; 2102708 2010 PAD THA Mar 23 2007 63/23/2087 89:57 s584146749 DEPR OGA PAGE 86/87 Exhibit 4 License Number. 2102708 Licanse Type: 2070 PERMANENT FOOD SERVICE Case Number; 2006069055 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 Gode, 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 viclation. Itis alleged that on August 29, 2006, November 28, 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. * 4.17-07-1 4-302.14 FC:: SANITIZING SOLUTIONS, TESTING DEVICES, A TEST KIT GR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED. NO TEST STRIPS PROVIDED FOR GHEMIGAL SANITIZER USED AT THREE COMP SINK. * 2,22-22-1 4-607.11(4) FC: (A) EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED: (1) EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, BEFORE EACH USE WITH A DIFFERENT TYPE OF RAW ANIMAL FOOD SUCH AS BEEF, FISH, LAMB, PORK, OR POULTRY: (2) EACH TIME THERE IS A CHANGE FROM WORKING WITH RAW FOODS TO WORKING WITH READY- TO-EAT FOODS; (3) BETWEEN USES WITH RAW FRUITS AND VEGETABLES AND WITH POTENTIALLY HAZARDOUS FOOD; (4) BEFORE USING OR STORING A FOOD TEMPERATURE MEASURING DEVICE; AND (5) AT ANY TIME DURING THE OPERATION WHEN CONTAMINATION MAY HAVE OCCURRED, OBSERVED ENCRUSTED MATERIAL AND METAL SHAVINGS ON CAN OPENER BLADE. * 3A.32-17-1 6-301.17 FO: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. NC SOAP PROVIDED AT HAND WASH SINK IN SERVICE STATION. * 3B. 32-16-1 6307.42 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (GC) A HEATED-AIR HAND DRYING DEVICE. CLOTH TOWEL REUSED AT HAND SINK FOR HAND ORYING. * denotes critical violation District: 07 Case Number: 2006069055 Licanse Type: 2010 . Lleense Number: 2102708 File Number, 173848 PAD THAI Mar 23 200? 11:03 ga/2a/28e87 8d? 8584146749 DEPR OGA PAGE @7/a7 Exhibit A * 4.53A-20-{ 509.039 F&:: 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, WHIGH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE: AND 610-4.023(1) FAG: EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. OWNER MANAGER LACKING REQUIRED FOOD MANAGERS CERTIFICATION. NO CERTIFIED MANAGER FOR THE ESTABLISHMENT. * denotes critical violation District: 07 Case Number: 2008089085 Licanse Type: 2010 Licanse Number: 2102708 File Number: 173849 PAD THAI

Docket for Case No: 07-001410