Apr 24 2007 9:50 G@d4/2a/ 2887 22:44 8584146749 DEPR OGA PAGE @4/@5 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petkioner, ve, ‘License No. 1805749 SCOTTS ON revH ent Liesnas Typs 2010 por Gasa No, 2007000629 ae ' ‘The DEPARTMENT OF BUSINESS AND PROFESSIONAL eeu t Ny, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner), flles this Administrative Compigint ageinst SCOTTS ON FIFTH, (‘Respondent’), and says: 1. Petitioner is the state agency charged with reguiating tha operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Floride Statutes. 2. Respondent ts, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants, Tha respondent's business address of record i 141 5TH AVE, INDIALANTIC, FLORIDA 32902.The mailing address of record Is SCOTTS ON FIFTH, at 141 31H AVE, INDIALANTIC, FLORIDA 32903, 3. inspection of thie establishment conducted pursuant to Sac, 609.032, Florida Statutes, revealed vidiations of the provisions of Chapter S09, Florida Statutes, and / of the rules promulgated therato governing opération of the establishment. The vidlation(s) found and applicable law ars deserlbad in Exhibit "A," attached herate and incorporated herein by reference, Inspestion documents are attached as Exninit “B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing ens or mare of the following penalties: adininistrative find 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, ravocation, or'refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 503, Florida Statutes, or the rules promulgated thereto, Signed January 04, 2007 - s ch. —— Valerie Freeman, District Manager By delegation of the Director, or dasignae Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunniclift, 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: | HEREBY CERTIFY that a tre hand : District Number O4 Form revised 19.10.08 Cane Nurniter: 2007000829 License Number 1806749 2010 ' SCOTTS ON FIFTH EXHI j . Apr 24 2007 9:50 B4/23/ 2087 22:44 8584146749 DEPR OGA PAGE 85/85 Exhibit A License Number: 1505749 License Type: 2010 PERMANENT FOOD SERVICE Case Number. 2007000629 FC as cited herein references specific provisions of tha 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 Fira Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Pravisions, Fiorida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation, It 1s allaged that on Darember 15, 2006 the licenseé was in vidlation 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 raferance as Exhibit B. oO * 4.354-04-1 6-501.111 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (BD) ELIMINATING HARBORAGE CONDITIONS. OBSERVED RODENT ACTIVITY IN THE ESTABLISHMENT. DROPPINGS WERE OBSERVED UNDER THE KITCHEN SINK, ON KNIVES IN A PITCHER AND AROUND THE GREASE TRAP IN THE KITCHEN. * denotes critical violation ti Bistrict oto : 00cs29 icense Type: Cae ee enber #8 ‘ Fila Number: 200655 ’ Licanse Number, 1505749 SCOTTS ON FIFTH

Docket for Case No: 07-001846