Dec 3 2007 11:50 12/3/2687 12:33 8589219186 DEPR PAGE 11/14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. MICHAEL KENNEDY License Number 9900000 MIKES TASTY BBQ License Type 2064 Respondent. Case Number, 2007059548 i DMINIS. Al The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitionar’), files this Administrative Complaint against MIKES TASTY BBQ, (Respondent’), and says: . tan, Petitionerss the.state,agency.charged with regulating the,operationof public lodging establishments and. . ... Public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes, 2. Respondent Is an establishment subject to the jurisdiction of the Division of Hotela and Restaurante, The respondent's business address of record is HWY 441, MT DORA, FLORIDA 32757.The malling address of racord is MIKES TASTY BBQ at 1995 NORTH ORANGE ST, MT DORA, FLORIDA 32757, 3, Based on observation of Respondent's establishment activities and a thorough search of the Division’s licensure records, Respondent was determined to be operating without statutorily required licensura, in violation of the provisions of Chapter 509, Florida Statutes, as described In Exhibit "A" of this Complaint. Respondent was therefore issued an Administrative Determination of Nor-licensure on October 27, 2007, attached hereto as Exhibit "B°, documenting the activities requiring licensure and directing Respondent to apply for or renew the required jicense, Respondent thereafter failed to abtain licensure and was issued an Order of Closure on O¢tober 27, 2007, pursuant to Section 509.261(3), Florida Statutes, and attachad hereto as Exhlalt "C’. ' . 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 authorized by Chapter 509, Florida Statutes, or the rules promulgated therata, Signed October 30, 2007 eel —et Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Case Numbor: 2007089548 — Fila Number: 580 District Number; 04 Liewnae Number: 2800000 2054 Form reviend OF.07.07 MIKES TASTY BEQ Dec 3 2007 11:50 1l2/ag/2ae7 12:33 8589219186 DEPR PAGE 12/14 COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153631 Department of Business & Professional Regutation 1940 North Monroe Stroet Tallahasseo, Florida 32399-1007 FICATE CE “BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has bean hand served by me on this, day of , 2007, Roceived by; Ingpector'’s Signature Operator's Signature ee - Title : Title Gane Number: 2007050848 Fite Number: 580 District Number: 04 License Number 8800000 2054 Form revised 07.07.07 MIKES TASTY BBQ Dec 3 2007 11:51 1l2/ag/2ae7 12:33 8589219186 DEPR PAGE 13/14 Exhibit A Ligense Number, NO LIC License Type: 2051 NON-LICENSED FOOD SERVICE Gase Number: 2007059548 1, Based on the foregoing, it is alleged that on October 27, 2007 Respandent violated the following provisions of Chapter 609, Florida Statutes, or the rules promulgated therata; 509.241(1) FS LICENSES: ANNUAL RENEWALS, = Each public lodging establishment and public food service eatabliehment shall obtain a license fram the division. Such license may hot be transferred from one place or individual to another... , Licenses shall be renewed annually, ... §09.241(2) FS APPLICATION FOR LICENSE, ~ Each person who plans to open a public lodging . establishment or a public food service establishment shall apply for ard recelve a license from the division prior to the commencement of operation. THE MOBILE FOOD DISPENSING VEHIGLE WAS SELLING POTENTIALLY HAZARDOUS FOOD TO THE PUBLIC WITHOUT A LIGENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denoted critical violation District: 04 Gase Number: 2007059548. License Type: 2051 License Nurtiber; NO LIC File Number: 550 MIKES TASTY BBQ

Docket for Case No: 07-005462