Apr 12 200? 12:08 DEPR OGA PAGE 85/86 Q4/12/2087 81:82 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. BOOMTOWN THEATRE & CAFE ricense tp Bus Respondent. Case No, 2007010430 — ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BOOMTOWN THEATRE & CAFE, ("Respondent”), and says: 1. Petitloner is the state agency charged with regulating the operation of public lodging establishments and 2. Respondent is, and has been at all times material hereta, licensed by or subject to the jurisdiction of the of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto geverning Operation of the establishment. Tha violation(s) found and applicable law are described in Exhibit “A,” aftached hereto and incorparated herein by reference. Inspection documents are attached as Exhibit "8", WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: adrninistrative 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 othar retief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed February 23, 2007 Steve VonBodungen “district Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Chatles F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVIC BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 2113 2273 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of . 2007, Received by: Inspector's Signature Operator's Signature Title Title District Number, 05 Number: 2007010430 Case Number. Form revised 10.10.06 License Number: 2613155 2010 BOOMTOWN THEATRE & CAFE Tr per Apr 12 200? 12:08 PAGE 86/86 @4/12/2887 81:82 8584146749 DEPR OGA Exhibit A License Number: 2613155 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007010430 “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 It is allaged that on December 4 5, 2006, January 19, 2007 the licensee was in violation of Florida Statute 09(FS) and/or the Rujes 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. * 4.02-27-1 3-402.12 FO: RECORDS, CREATION AND RETENTION, (A) EXCEPT AS SPEGIFIED IN PARAGRAPH 3-402.11(B) AND PARAGRAPH (B) OF THIS SECTION, IF RAW, RAW-MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH ARE SERVED OR SOLD IN READY- TO-EAT FORM, THE PERSON IN CHARGE SHALL RECORD THE FREEZING TEMPERATURE AND TIME TO WHICH THE FISH ARE SUBJECTED AND SHALL RETAIN THE RECORDS OF THE FOOD ESTABLISHMENT FOR 90 CALENDAR DAYS BEYOND THE TIME OF SERVICE OR SALE OF THE FISH. (B) IF THE FISH ARE FROZEN BY A SUPPLIER, A WRITTEN AGREEMENT OR STATEMENT FROM THE SUPPLIER STIPULATING THAT THE FISH SUPPLIED ARE FROZEN TO A TEMPERATURE AND FOR A TIME SPECIFIED UNDER SECTION 3-402.11 MAY SUBSTITUTE FOR THE RECORDS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, OBSERVED WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME. * 2,08-01-1 3-301.11(B) FG: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED IMPROPER USE OF CUP WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD. 3. 37-48-1 610-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, OBSERVED DUSTY AIR CONDITIONING VENT IN KITCHEN. * 4.50-08-1 609.241(2) FS: (2) APPLICATION FOR LICENSE. EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. OBSERVED ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL AND RESTAURANT LICENSE. Case Number: 2007010430 District Number: 05 License Number: 2613155 2010 Form revised 10.10.08 BOOMTOWN THEATRE & CAFE ee

Docket for Case No: 07-001670