Sep 4 2007 12:53 aq/ad/eaey 12:48 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5. MAGENTA CATERING License naam err Respondent Case No. 2007031526 ADMINISTRATIVE COMPL, The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, {’Petitloner’), files this Administrative Complaint against MAGENTA CATERING, ((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 30.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all timas material hereto. licensed by of subject te the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 1513 CRISTOBOL, TALLAHASSEE, FLORIDA 32303. The mailing address of record is MAGENTA CATERING, al 3107 CORRIB DR, TALLAHASSEE, FLORIDA 32309. 3. Inspection of this establishment conducted pursuant to Sec, 508.032, Flarida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the ‘ules 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 dacumenté are attached as Exhibit"B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order Impesing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendarice at Respondent's expense at an educational pragram sponsored by the Department's Hospitality Education Program, suspension, revocation, of refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto. Signed May 30, 2007 Ken Hensdill, 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, 0153834 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CER VIG BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; 7160 3901 9849 77415 36! | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of O07. Raceived by: Operator's Signature Inspector's Signature tL - Title Title 7 200 1] District Number: 06 Case Ne m7oa01 Form revised 10.10.06 Cicense Number, 4703031 2013 MAGENTA CATERING a3/ag aq/ad/eaey 12:48 8584146749 DEPR OGA PAGE Sep 4 200P 12:53 Exhibit A License Number: 4703031 License Type: 2013 CATERING Case Number: 2007031526 “EC" as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Ghapter 61C, Florida Administrative Code, “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 Adrninistrative Code, and 61C-1.004(5), Florida Administrative Code. ™ denotes a critical violation. It ig alleged that on February 19, 2007, May 23, 2007 the ficansee was in violation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars, Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.598-08-1 §09.049FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST REGEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001, FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST REGEIVE CERTIFIGATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDER FOR AARON AND NICK; ON BOARD OVER 60 DAYS. Gase Number: 2007031626 District Number: 66 Licanaé Number. 4703031 2013 Form revigad 10.10.06 MAGENTA CATERING ad/ag Sep 4 2007 12:54 aq/ad/eaey 12:48 8584146749 DEPR OGA ° PAGE @5/ ne ag Peget STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EXHIB IT B DIVISION OF HOTELS AND RESTAURANTS yew. florida. com/dopr op we FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notioe may initiate an adminigtredve complaint that may romuk in Busperieion or revocation of your license and fines, 92/49/07 03:04 PM. Routine 4703031 CATR Inspection Date and Tima Inspection Reason License Number ene att Violations in the operation of yaur establish — MAGENTA CATERING perm mul, be. corned a H " Area Code/Telaphone Number Business Name (nepection Rasul . ee 051) 8/2007 08:00 AM Os? Number of Units Callback Date/Time License Expiration 1573 CRISTOBAL TALLAHASSEE, 32303 : Address / Clty / State / Zip/ ate. ——_—_—_—_—oomas ee Item 03; Food Temperatures ftom 53a: Cert. Food Managere heen 20: Warewashing Sanitization | Iter 45: Fire Extinguishers and Fire cheeae, wk in cooky, 40 Dagrae2F. Manager Name: MARK GROSS A pbod Euppranaon type Finn Extingnashier, ins we poe, A ORGS Genifesilon Date: 11/03 Certified Toya fa kAchr has acaahcrson dat walk i cooler, 40 Degraes F. cram, wikin conker, 40 DapmenF, by: Florida Reataurant Association A Cloke ABC: tye Fire Extiaquisher, found ved Rikchen hes e corticabeny Ctl oF BAG NOTE: Name marked ebave with wh xbterisk (") incioats e violation tnapectore Comments ove policy. Hood cleaned 8/08. Water Source: MunicipalUtiity. Sewage: MunicipalUullly. Provided Wad Site: wow. myflorida.comvdbpr Locknawledga regelp! of this Inspection fort and! commerite, Atari Gog Cae Ragen 02-19-07 Date Signature of Recipient Iappecter Signature Reclpient: Shirley Joyoa Fer further Information please contact: Tit . . Joan Prager . President women's Chit Sanitation and Safety Specialist 7846 Front Baach Ro Phone: 850.224.0626 860.407,1385 PHF TEMPERATURE CONTROL, "02 Original container, prope “02.11 Consumer advisory gira fos, Patantinlly hazardous toods properly Ihawas hams Marked OUT ara violations. Specie délalie of vielation Bre fisted on Violallons marked with an entetizk ate crifien! violations. hems marked IN are in compliance, DBPR Fon HF 6022-016 Se : a9/ad/2aa7 12:48 8584146749 DBPR OGA pe anne nes a PAGE 6/89 te tment Page 2 STATE OF FLORIDA License Number DEPARTMENT OF SUSINESS ANDPROFESSIONAL REGULATION — 4, are DIVISION OF HOTELS AND RESTAURANTS ahs vd ren myerida.ceamitiopt ENTA CATERING FOOD SERVICE INSPECTION REPORT E07 04:08 PM LEGAL NOTICE 5 Follure to comply with this Notes may initiate an administrative complaint that may Pesull ky suspension ar revocation of your hoanea and fines, PHE TEMPERATURE CONTROL [_sraTus | GARBAGE AND REFUSE DISPOSAL 33 Containers covered, adequate number, Insect and rodent pron, emptied at proper Intervals, clean M07 Unwrapped of potentially ReazanMtous load not reserved haga Food proteciion during storage, ptaparotion, display, iperviee, transportation lah Cromecontaminaton, equipment, personnal, sorage_| TOBe Potential for crake contamination: storage practices: CT AND ROD QNTRO ta5a Prasence ol Inseciairodents, Animals pohiblted__ "46 Cuter openings protacted {rom insects, rodent proat FLOORS, WALLS, CEILINGS 5G Floors properly Gansimcted, clean, drained, coved 10 Inuse tood dispensing utensils property stored STATUS STATUS PERSONNEL fin ____[*17 Personne! with infections restricted 37 Walls, callings, and allached equipment, consircted, clean . In 12a Hands washed and clean, good hygienic practices observed), alternallve operating plan | _____ 98 Lighting provided a5 required. Fixes shigided In "42b Proper hygienic practices, eatingédrinkingfemoking 49 Rooms and equipment - vented as req inet evidence) OTHER AREAS: +14 Clean dothes, heir restraints 40 Employes lockers provided and wend, ean STATUS FOOD EQUIPMENT AND UTENSILS "44 Texte lems properly stored 14 Food contact surfaces dagigned, constructed, +41 Toe tame labaled and used property maintained, installed, located laz Premisos maintalnad, trea of litter, unnecensary articles, 15 Ner-food contact aurfaces designed, canatructed, Cleaning and maintanaice aquipiert property stored. maintained, intialled, lonated ienan reetrigiad to sutherized persannel ~~ tet nee 45 Glehwashing lactities designed, conatmeted, operated 4, Wash 2. Ringe 3. Sarntize Quit 47 Tharmometers, gauges, test kits provided 48 Pre-tushed, scraped, soaked _ 19 Wash, rinse water ¢laan, proper, temperature g “208 Sanitizing concentralian | cal wiring - adequate, good repalr *20b Sanitizing temperature 43 Gas appliances » pmperly installed, maintalned 4d Flammablersombustibie matariaty 1 = properly stored 24 Wiping cloths clean, used prope stored 199 Food contact surfaces of equipment and urenglis clean 2 Service hems. properly stored, handled, diepansed 38 Single service articles not re-used WATER AND SEWAGE/PLUMBING 27 Water source gale, hol and cold under pressure +O Sewape and waste water disp osed proper 29 Plumbing installed and raintainad #39 Crosgecunnection, back aiphonage,, backilow. TOILET AND HANDWASHING FACILITIES F371 Taller and handwashing facilities, number, convenient, dasighed, installed rooms with self-closing doors, fixtures operate faciity clean, supplied with hendsoap. disposable flaaue, coverad weste STATUS Total Number of COS Violations: Total Number of flepea! Violations; Marked OUT oré violntdens. Specific details of wlolation are Nsted on fost vinjatona, termes sherked IN are i complianog. Nema and ware not being conducled et he ‘ime of Inspection. Veerntions rancid with an asterisk are cil Not Applicable, tema Marked a8 NAO are Nat Observed, aubsequant pages. Wem marked NIA are EPR Ferm HR 5022-019 Sep 4 2007 : aq/ad/eaey 12:48 8584146749 DEPR OGA ° — PAGE Page 3 STATE OF FLORIDA LoTR e700303 DEPARTMENT OF BUSINESS AND > PROFESSION REGULATION Busines Name weew. myfiorida.col MAGENTA CATERING FOOD SERVICE INSPECTION REPORT aaa 03:04 PM NOTIAR Fallure 10 comply with this Notice may Intilate en administrative complaint that may reeult In suspension or revocation of your Iieense and fines. ‘Warning tt): T7oGs1: Lack af ude of chamicel teal AR when Using chemical senkizer a Ihree-comparment sinkvarewashing mactiit, 635-08. 1;:No proc! of required emblayea training provided for Aaron and Nick, on board ver 60 days. All public food service eatablienmonn must prowide (tee division with proof of employee training upon request, including, but nol Hmited tg, at the time of any division ingpection of tha establishment, Thks violation must pe cotaciad by | G1 O07, Fax to Joan Prager at 850.233.5174. NOA07-1:0bserved bolted beverages stored on flout. 26-05-41 :Obaerved cloan glaner stored an floor, 40-09-1:Ent sign not property ilumineted, dining room. AG-05-7: Observed access to oxk marked door lt storage room blocked by chalra. 40-08-1:Observed an anil sign posted on storage corridor door lading inside the Kilcher, Ramove sign. Violation (ay: AG-05-1:Obaervnd alheny off kitchen obstructed by igles coolers, att, DBPA Form HR $022-015 ar/ag Sep 4 200P 12:55 aq/ad/eaey 12:48 8584146749 DEPR OGA PAGE @8/ag Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS cunera.com | EXHIBIT B CALLBACK INSPECTION REPORT LEGAL NOTICE Foilure to comply with thia Notica may Initiate an gorninietrative complalry that may reeult In suepancion oF revocation of your licen and fives. 7 05:08 PM War 4709031 TR Callback inspection Date and Time Ingpaction Reavan Licenea Number 2240825 : ADMINISTRATIVE COMPLAINT recommended, GROSS MARK. Owner Name MAGENTA CATER ING. ~ _ - ‘Area Goda/Telephane Number Business Name Inspection Result Q Zite/07 Number of Units Aequected Callback Date/Time intial Warning Gate 1513 CRISTOBOL TALLAHASSEE, 32303 ‘Addrags / City /State/Zip/ ate. . Coammants he fonowing emia) hale beer Tecomimanded far Administrative Complaint: b No prof of required empires waiging provided for Aaron and Mick, on board over G0 days. S Gear Pang — SO cow es Gate Signature of Recipient Inspector Signature Recipient: For further Information piaase contact: doan Prager Tite matted ‘Sanitation and Safety Spaciatet 7946 Front Bpach Prone: Road Ponama City Beach. FL 32407 850.487.1395 BAPR Fann HR 5022-005

Docket for Case No: 07-004007