Jun 13 200? 11:02 @6/12/2887 23:55 8504146749 DBPR OGA PAGE 83/85 CT IVES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. BOOMTOWN THEATRE & CAFE ticense Type 2010 Respondent. Case No. 2007010630 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. Petitioner is the state agency charged with regulating the operation of public lodging establishments and pubfic 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 140 W MONROE ST, JACKSONVILLE, FLORIDA 32202.The mailing address of record is BOOMTOWN THEATRE & CAFE, at 140 W MONROE ST, JACKSONVILLE, FLORIDA 32202. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 508, Florida Statulas, 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 authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed February 23, 2007 ERG pref r—— Steve VonBodungen/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 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 Tide Title Case Number. 2007010430 District Number: OS Form revised 10.10.06 License Number. 2613155 2010 BOOMTOWN THEATRE & CAFE Jun 13 200? 11:02 86/12/2887 23:55 8584146749 DBPR OGA PAGE 64/85 Exhibit A License Number: 2613155 License Type: 2010 PERMANENT FOOD SERVICE Case Number. 2007010430 “FC” as cited herein references spacific 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 Satety Code, incorporated by reference at Chapter 44-3, "Fira Pravention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “*" denotes a critical violation. Itis alleged that on December 15, 2006, January 18, 2007 the licensee was in violation of Florida Statute 509(F§) and/or the Rules of the Division of Hotels and Restaurants. Florida Administrative Code (FAC), in the following particulars. Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1,02-27-1 3-402.12 FC:: RECORDS, CREATION AND RETENTION. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-402. 11(B) ANO 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. * 2.09-01-1 3-301.11(B} FC:: (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. 37-18-41 61C-1,004(8) 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. * 4.50-08-1 509.241(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 Disirict Number: 05 License Number: 2613155 2010 Form revised 10.10 06 BOOMTOWN THEATRE & CAFE

Docket for Case No: 07-002652