Oct 22 2007 13:01 laf22/28e7 12:54 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, VS, r , BASIL PIZZA & PASTA License tyne 2010 778 (expired) Respondent Case Number 2007039008 —— a . ; ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitioner’), files thie Administrative Complaint against BASIL PIZZA & PASTA, (‘Respondent’), and says: 1, Petitoner is the state agency charged with regulating the operation of public tadging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 608, Florida Statutes. 2. Respondent is an establishment subject to the jurisdiction of the Division af Hotels and Restaurants, The respondent's business address of record is 1280 SARNO RD,, MELBOURNE, FLORIDA 32935. The mailing address of recard is BASIL PIZZA & PASTA at 1280 SARNO RD, MELBOURNE, FLORIDA 32935. 3, A review of the licensure records of the Division of Hotels and Restaurants reveals that the licensure for this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated therete, The violation(s) and applicable law are described in Exhibit “A”, attached hereto and incorporated herein by reference. Inspection documents sre 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 attandance at Respondent's expense at an educational program sponsored by the Department's Hespitality Education Program: suspension, revocation, or rafusal of a license issued pursuant to this Chapter, and/or any other relief authorized hy Chapter 509, Florida Statutes, or the rules promulgated thereto. ‘ Signed July 12, 2007 Ve % oP . Valerie Freernan, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Prafassional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 : Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 1 HEREBY CERTIFY that a true and correct copy o' hand served by me on this. day of —_—_ Received by: Qperator’s Signature f the foregoing ADMINISTRATIVE COMPLAINT has been 7, Inspector's Signature i ee - Title Title Case Number. 2007039098 Glatricl Number: 04 Liconea Nurriber, TS08776 (axpirad) 2010 Farm favised 10.10.06 BASIL PIZZA & PASTA a3/ay Oct 22 2007 laf22/28e7 12:54 8584146749 DEPR OGA PAGE Exhibit A License Number: 1505779 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007039098 1, Itis allaged that on June 19, 2007 the Respondent failed to renew a license to operate as required by law. Alter that date, and at all times material to this complaint, Respondent establishment operated without censure, in violation of Florida Statute 508(FS), and/or Florida Administrative Code (FAC), Copies of the report(a) for the above referenced inspections, Exhibit B, are attached hereto and incorporated by reference. . Based on the foregoing, Respondent violated the following provisians of Chapter 509. Florida Statutes, or the rules promulgated thereto: §09.241(1) FS LICENSES; ANNUAL RENEWALS. - Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may nat be transferred from one place or individual to another . . . Licenses shall be renewed annually, ,.. 61C-1.002(6) FAC Itis th @ responsiblity of the licensee to renew the license prior ta the expiration date. 61C-1.002(6) FAC ...An y public lodging or food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. THE FACILITY WAS OPERATING WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. THE LICENSE EXPIRED 4/1/07 AND WAS NOT RENEWED. * denotes critical violation F Distt oa umber; 2007030098 icense Type: rane : File Number: 187075 License Number. 1505779 BASIL PIZZA & PASTA ad/ay Oct 22 2007 13:01 la/22/2087 12:54 8584146749 DEPR OGA PAGE 85/ 5/a? Pays 2 STATE OF FLORIOA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS LX Hi IB TB wrew riryfliorkda.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Paiute te comply with thie Notice Huly IeTtiete on adrlntetrathen complaint that miey result la auagenninn oF revoortion of your ficemise and face. 06/19/07 Lars BM Routine a5ds7 99 SEAT Thepettion Dats and Tee Sc ccc Desnee Nomber HABIRNESAD BEN erme SD e24-3038 BASIL PIZZA & PASTA imtawineheehonber SS Bunlness Nome ection Full 10 08/19/2007 08:00 AM mR? mia CS Sten SSOS”~*~«~ Expiration 2780 SARNO RD. MELBOURNE, 32535 teem 45: Fre Extinguishers and Fire Suppression Systems Dates Manager Mane! Theress Michel Ey eae ABC trial Fe Crtriquinter, fund) int kitchen Certification Date: 03/02 Certified by: Fleriai | concentration of © PPM. or sarc dim 124 Tenprector's Conmennate Lcareen not currant Fe hividle to be pid, 262,00 deiiars plus & Hundred dolar jate fee of 100,00 total amount owed 362.00 Dolaré.clectric hot watet tank 40 gallons, Water Source: Municipalniity. Sewage: Municipal /Utlitty. 160,000btu's not a T arknowiedtge receipt of thés laqpectina form and comnerente. a hae Arak 2X Nowe Bi oT OT OOOO ee Date ‘Slonatura of Reciotent Thapector Sionature Recipent: Ban Habibgad For further Information plesta contact: Cryetel Woodke Te Gunee Sanforion and Safeny Spee, 4001, Robinson St, Orlando, FL Phone: 321-245-3838 Pr 1995 OCT Tee COT (SO i Sar eT, wn GH NE . [| “ee a ST ee De a aa Ose Foods property conkad/rehented HA 702-11 Consumer adyvitory on TRW/UNeTonoted OYSner Oo 1a Consumer adivinory Of mrw/tindarcooked animal products tod Loads propery eaoded [reins Pe tain prodact temperature: —__ a N PIT Se Violations misriondl with an aderiah ary ence! volition. [oar cryarietedl LM oom arr ceric jecre Murad OOF ure viowtions. Spcifc data of vibtation arn fated en ‘submacuerit pagan, ftama rsnrind N/A ate Net Applicable, [bers Marked as H/O are Nok Ctrrervad, and waned i08 being conducted at Khe time of mapaction. Oct 22 2007 13:02 laf22/28e7 12:54 8584146749 DEPR OGA PAGE 86/a7 Page 3 Ucerse Number STATE OF FLORIDA SEAT = «1805779 DEPARTMENT OF BUSINES? AND PROFESSIONAL HEGULATION Mp Business Nate OLVIION OF HOTELS AND RESTAURANTS werermyflortdscom/dber by (a BASIL PIZZA & PASTA ngipton Date FOOD SERVICE INSPECTION REPORT D/19/07 42:53 PM REGAL PRITICE Fathers te conepty witly tke Notice may sitdnee am adininletrathve complaint Ghat tony remai Mt evepenstion or revercadion of your Dospan and flrvds. Jktmintetrative Compdeintie): Sd08-: establishment openting without 4 current Hota and Restaurant teense, Wario: 14-26-1:0beerved qaskrerjteal co cok holding unit ii poor repalr.pizh make table 2 L2-L: Wet wiping doth aot stored tn ernitring soliton betveen uses. Cormected Cn Site. S38-06-L:Ne proof of required employer truinlng provided. Ad public Food serrice establishments must provide tha division with roof of emmpkiye trafning upon request, Incketing, But net fitted to, ac the time of any diviekm iapedtion of tha establishment. Expired ‘Thi vicktion must be corrected by : 06/19/2007, $1-09-1:Establishment did not report eentig change thet effecta the Neteta fit, Clean Indoor Al Act, fie exfety, bathmort requirements of Other PCED Feqaieyrents Restaurant éttabliahment hia 15 sents ate! only fleanted For 10, Corrected On Siz, J O3-2:Oheerved guilvisitjed matal in contact eth acidic foods. black ollves 05-90-J; No eonipicutnitly located tharrrometer In holdkig unt.2 door sliding comer F2e08-L:No covered waste recaptack provited at restrocrnx 23261 6-U:Hand wash sink Ieckng proper hand deyiig provieiies. pizza make line: hand sik Comected Cn Site. APR Form Hit 2-018

Docket for Case No: 07-004814