Jul 11 200? 16:14 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 46/13 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 6211336 SANDBAR BLS dent License Type 2010 espondent. Case No. 2007027542 / 1s TIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’}, files this Administrative Complaint against SANDBAR BILLS, (“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, Fiorida Statutes, 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Otvision of Hotels and Restaurants. The respondent's business address of record is 4360 GULF BLVD, ST PETE BCH, FLORIDA 337053831.The mailing address of record is SANDBAR BILLS, at 4350 GULF BLVD, ST PETE BCH, FLORIDA 337063831. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violationa of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment, The vidlation(s) found and applicable law are described in Exhibit "A,” attached hereto and incorporated herein by referanca. Inspaction 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; mandatary 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 authorized by Chapter 509, Florida Statutes, or the rules promulgated there Signed May 09, 2007 P ferez, Disttict 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 7940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE 0 i * BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on thig___ day of , 2007, Recaived by: Operators Signature Certified Article Number Inspector's Signature Title Title i "03 Case Number: 2007027542 District Number: 0: License Number. 6211336 2010 Form revised 10.10.06 SANDBAR BILLS Jul 11 200? 16:15 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 7/13 Exhibit A License Number: 62112336 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007027542 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 Geode. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5)}, Florida Administrative Code. * denotes a critical violation. It is alleged that on February 8, 2007, April 24, 2007 the ficensee was in violation of Florida Statute 509(F 3) and/or the Rules of the Division of Hotels and Restaurante, 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. * 4,02007-1 3-601.17(B) FG:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (1) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD IS HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE PAY THE ORIGINAL CONTAINER |S OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOODS, HELD OVER 24 HOURS, OUT OF ORIGINAL PACKAGING NOT DATE MARKED, * 2,02-13-1 3-603.141FC:; 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 |S 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 (8) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INGLUDE: (1) A DESCRIPTION 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. UNDERCGOOKED 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 MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. REQUIRED GONSUMER ADVISORY FOR RAWIUNDERCCOKED ANIMAL FOOD NOT PROVIDED. STEAKS ARE OFFERED UNDERCOOKED. ; * denotes critical violation : oo District: 03 Case Number. 2007027542 License Type: 2010 ” License Number: 6211336 File Number: 141508 SANDBAR BILLS Jul 11 200? 16:15 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 8/13 Exhibit A * 3.17-07-1 4-302.14 FC:: SANITIZING SOLUTIONS, TESTING DEVICES, A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS FER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED. NO CHEMICAL TEST KIT AVAILABLE FOR CHEMICAL SANITIZERS USED. 4,25-04-] 4-903.11(C) AND (0) FC:: (C) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH {A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD PROTECTION FROM CONTAMINATION UNTIL USED. (D} ITEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204.122. OBSERVED SINGLE SERVICE STYROFOAM CUPS STORED ON THE FILOOR NEAR THE HANDWASH SINK. * SA. 32-16-4 6-301.12 FO: 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 (C) A HEATED-AIR HAND DRYING DEVICE, HANDWASH SINK LACKING PROPER HAND DRYING PROVISIONS, NO HAND TOWELS PROVIDED, * 5B, 32-18-1 6-304,14 FG AND 610-1,004(2)(C) FAC:: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’. NO HANDWASH SIGN PROVIDED AT BAR HANDWASH SINK USED BY EMPLOYEES. * 6,45-35-1 NFPA 1, 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. CURRENT FIRE SUPPRESSION SYSTEM REPORT NOT AVAILABLE. SYSTEM TAGGED 8/06-EXPIRED AT 4/24/07 CALLBACK INSPECTION. 7. 54-11-41 81C-1,004(9)(D) FAG: (B) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED 80 AS TO PRECLUDE ANY DANGER TO SAFETY. CARBON DIOXIDE TANKS NOT ADEQUATELY SECURED. * denotes oritica! viclation Li District oho Gase Number 2007027542 . icense Type: Fite Number. 141508 License Number. 6217336 SANDBAR BILLS ar/ll/ 28a? florida foleat.., DBPR TNEPECTION “PA Unscrerujed (ROUT] [1] Lloansing (LIC) (7 Training (TRNG) E Complaint Full (GOMP) (77 Complaint Partial (CPAR} (2) Disaster Response {OSTR) [2] Service Request (SERV) C2 Quatty assurance (GA) 16:18 8584146749 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXH | BIT B Division of Hotels and Restaurants Food Service Ins Jul 11 200? 16:15 DEPR OGA PAGE 89/13 LICENSE TYPE rep 2010 Pernenent Food Service Co a2 Thema Park Food Cat 2014 Catering (21 2014 Moblie Food Dispensing vite 12015 Vending Machine 2054 uniicansed Food LEGAL NOTICE ection Rae ort LE-ENSE NUMBER LIME HKe REMINDER: Your license expiren ! Soats/Units: Mf Original Viet (C) Calback The circled letters to the taft of each Hem indicate thet terre statue at the tire of Inspection FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS FOR CALIBAGKS ORIGINAL VEIT MATE WAR fy (items marked “OUT" of comifianca requie iimtediats comactive action) Mark "X" in appropriata bex for COS andlor R IN = i compllanca QUT = notin complianca W/O =notobsarved N/A ® hot applicable COS = comactad on-site during Inspaction_R.= repeat volafon 7 GOMPLIANCE' STATUS GOs R Approved Source Food pbtained from approved sours pat .Wholesome, sound condition : ntainer, properly labeled, date marking, shell stack Consumer Advisory Potentialy Hazardous Food Time/Temperature Protection from Cantemination Personnel Chemical Demonstration of Knowledge Original 02-11 | Consiimer advigory.On rawhunderesoked oysters eee Consumer advisory on rawly i Cold toed: at propertemperatures during storage, display, service, trenspon, |_Food protection dur'stral aga, preparation, dia dloplay, service, transportation _Cross-contamination, equipment personnel, storage Food ntact surfaces clean and sanitized — aft oering an oo Tab... | Proper hygienls practices, ealin rela Raglanekhg evidence) TS Lo Restrooms with self-closing doors, Axtures operate properly, facility clean, supplied with hand soap, disposable towels or hand drying devices, tissue, covered waste Jecaptacies Toxic substances properly labeled, used __| Food management cartticaion valid Employee Training verification 1 | PROGR 2) Inspection Complatae = Ne Further Acton (IAT) | Le /o3. jan CO catback= Complied (CBC) hemlet Complaint Recommended oO ae, Onder Recommended { ( Administrative Complaint Callback + [Ba Weming Given (WARN) Cl Sensonal (SEAS) © Callback Extension Glvan (GBEX) o caeaet Admin, Complaint Recommended Comphag face Administrative Complaint Gatback = Tina oO Extanalon (ACE rE Emargatcy Order Callback — Thine E:trson (60 TF Glosad = Out of Business (COFE) oO TO aime Caternihaton Recommeandad marpency Order Gamiback = Net Hed (Et fats £2) -Wer- 1395 pectort Telephone 2006 July 24 “9S - FAD Coy T inepanior's SION ww. MyFlorida.comdbpr Jul 11 200? 16:16 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 18/13 - EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Paya 2 of 5 florid fadune, “ Divieton of Notelw and Restaurante E e B )] LEGAL NOTICE LICENSE NUMBER ir?) Food Service Inspection Report LAN 32le | R és ¥ 36 Physical faciities-floors properly constructed, clean, drained, coved TET 3 Physical laciiiles walls, callings and attac constructed, clean arene mae Soaked ss propertempergure ppn * Fahrenheit | fia teiperaure _ lig-cloths-clean, used propatly, stored 23. Nov-fodd contact surfaces clean mi 25 _Single service Iles properly stored, handled, dispensed [ 26 Single service alicles not reused “27 Water source safe, hol andcold.under pressure votes (ius 1°28 Sewage and waste waler disposed properly _. Bei..29. Piunibing installed and maintairied *30_Crogs-connection, back aiphonage, backfiow _ “31 Toilet and hand washing facilities, number, convenient, designed, = ee c fe 4 Waslece a0 411. ot inne Pie Ody Boa [= tpapissenm:p Sadihider..Liltbada). Person In Charge (Signature) , Wha aes Date inspector (Signature) LR ee Date 2/62 2006 July 26 DBPR Form HR 5022-015 www. MyFlorida.com/dbpr Jul 11 200? 16:17 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 11/13 . ei State of Florida EXH | BIT B Control Number f Department of Business ahd Professional Regulation . Division of Hotels and Restaurants os -~_ HBR www. hospitalityeducation.org | Bef : MyFlorida.com 2001 November 04 DEPR Form HR 6022-042 arf/ll/2ae7 16:18 Jul 11 200? 16:17 8584146749 DEPR OGA PAGE 12/13 Page i EXHIBIT B srare or Florina DEPARTMENT OF BUSINESS AND PORERHCONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: www nepforkdacon/dbpr CALL BACK INSPECTION F REPORT LEGALROTICE Fadtare to comply with thle Notice may inMiete an adminiztrativa complaint thet miay nheult in sdepeinefon er paewoceHog of your Hcethw and fines. sept : Warning ; 6211336 Caiack inapection Date and Thre Inspection Ratson Ucense Number Bon Aire Motel Ine 727-360-5506 Oiier Naima Area dumber Sandbar Brits Burnes Name 45 : : 2ayo7 Timber of Unite Requested Gal foack Date Tre Anttial Waray Date St, Petersburg Beach 33708 4350 Galt Bhd EES PCR TSR DIB Te Comments Juisher & ane tape are woplred, ABC moar 2-comp sink ty » Ansul tegged 8/06. Yollewing hem(as) have been recommended for Administrative Complaint: fo date marking found on heme stored more then 24 houry & out of he. originel-packaging 2 rm towns at hives at bar 2 ne eign et fees at bar ns chemical teat etrips aveitable +13 no consumer advisory posted; steakr cooked to order 2. C2 task Ne ect = 04-2407 nen —at er ee Signature Date Stonature of Rectolent For further Information piensa contact: Rechpant Atty Prowd* ‘Stacy Nymark The Bartender Sankation & Safety Spectalis 3725 W Groce St, 520 Tampa, AL 33607 Phone: BSD-AB7-1995 BPR Porm HR Sud2-005 Jul 11 200? 16:18 arf/ll/2ae7 16:18 8584146749 DEPR OGA PAGE 13/13 t EXHIBIT Bown” STATE OF FLORIDA 6221336 DEPARTMENT OF BUSINIEES AND morsenona REGULATION sunhera Name : DIVISION OF HOTHLS AND RESTAURANTS Wenw ny floridacota /dbpr Sandbar Bll ‘ Tnepattion Dato CALL BACK INSPECTION REPORT LEGAL NOTICE Pallure tn comply with this Notice may initiate an admnaiibeirative comptalst deat may reaaltin suspension or revocation of your license and fines, single serve Rent stored on ground; styrofoam cups near hes 5 no current hood Buppreiion report avavable; ansul hood is now out of date, taged 8/06, following Hem(s) are In compllaitces slime Ike mokd growing fn ioe mechine Joa scoup stored on tap of tea machine (dirty surface) Improperly Mtted grit hae fitters aw chicken stored over raw beef raw beef stored over RTE Fouts; salad Hoan utenatls stored tn dirty container; can openenyete naxtto microwave 1 wat clothe stored Inpropery; on cutting board no process of sanitizer buckets AL nd hletniich mranusver porter fea scooped with glare without handle 7 extension cord in petmanent waa; used in cooler in middie of bau BPR Farm HR S0%e-005

Docket for Case No: 07-003131