Feb 5 2008 12:08 g2/a5/ 2888 12:83 8584146749 DEPR OGA PAGE 3/11 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. . License No..6012443 HAPPY'S ChE es ondent License Type 2010 p p Case No. 2007064071 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against HAPPY'S CLUB, (“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 20.185 and Chapter 508, Florida Statutes. 2. Respondentis, and has been at all times maierial hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent’s business address of record is 1035 PALM BEAGH RD, 5 BAY, FLORIDA 33493.The mailing addrass of record is HAPPY'S CLUB, at PO BOX 981, SOUTH BAY, FLORIDA 33493, _3. Inspection of this establishment conducted pursuant to Sec. 509. 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, 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 Ch and/or any other relief authorized by Ghapter 509, Florida Statutes, or the rules promulg: Signed November 28, 2007 Ken Buck, 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: | HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been : , 2007, hand served by me on this day of Received hy: Inspectors Signatura Operator's Signature Title Title Case Number: 2007084071 File Number: 138688 District Number: 02 License Number: 6072443 2070 Form revised 07.07.07 HAPPY'S CLUB Feb 5 2008 g2/a5/ 2888 12:83 8584146749 DEPR OGA PAGE @4/11 Exhibit A License Number: 6012443 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2007064071 “FC” as cited herein references specific pravisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cade. "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 Administrative Code, and 67C-1.004(5), Florida Administrative Code, . **" denotes 4 critical violation. ltis alleged that on August 31, 2007, November 9, 2007 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1. 15-37-1 4-501.11 (A) AND (B)FC:; GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED UNDER PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN AGCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. OBSERVED HOOD IN DISREPAIR....LARGE HOLE IN HOOD, — * 2.53A-19-1 61C-4.023(1) FAG:: (1) ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. OBSERVED EXPIRED FOOD MANAGER CERTIFICATION. * 3.53B-08-1 509.049 FAC: 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 FORA FOOD - SAFETY TRAINING CERTIFIGATE 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 LIGENSEE 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 LIGENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVIGE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED, ALL.PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. Gase Number: 2007084071 — File Number: 138688 District Number: 02 License Number 6012449 2010 - Fomi revined 07.07.07 HAPPY'S CLUB Feb 5 2008 12:09 g2/a5/ 2888 12:83 8584146749 DEPR OGA PAGE 5/11 Gase Number: 2007064071 Fila Number; 138688 , : - District Number: 02 Licanse Number: 6072443 2010 : Form revised'07,07.07 HAPPY'S CLUB Feb 5 2008 12:09 8584146749 DEPR OGA PAGE 6/11 # UG ALLE Soc NE 3 a STATE OF FLORIDA q f a DEPARTHENT OF BUSINESS AND PROFESSIONAL .dULATION i DIVISION OF HOTELS AND RESTAURANTS | HIBIT Bi wer myforida.com/dhpr . a ne CALL BACK INSPECTION REPORT ‘tanreetafenattsn ore nme Failure to comply with this Notice ntay Initiate an adminictrative.cotnplaint that may reauit in stepenston or revocation of your Hcenss and fines. 409/07 12:45 PM Warning e0nna4a SEAT Calltiack Tnepection Date and Time Tnspaction Reason Usenea Number WILLIAMS OPAL L geseae2 ‘Owner Naren Area Co bone Number er Narie Area Code/Telephons Number HAPPY'S CLUS. Business Nama + ‘20 08/34/2007 Number of Units Requested Callback Date/Time j ‘tniial Warning Date 1075 PALM BEACH AD : 5 BAY, 33493 “ ress Ip / em, : Comments , ‘ Following item(s) have been recommended for Adminktrative Complaint: ““Wielation: S361 © 0 proof of required employe training provided. AA public food service establishments must provide the.diviston with proof of employee traning upan request, Including, but net limited y at the time of any diviston inspection of tfie establishment. Fra- afOlttoneSIATdo AL «noun, beerved expired Food Manager Certification. intion: 15-37-1 ee 11-09-07 Date Signmture of Reciplent sort inepectr Spear ae . lenhe Oot +4 Reclpiont! BESSIE MCKENZIE further Infarmation fi . _ MIKE MENOR Tie OWNERS WIFE S080 COCONUT CREEK BLVD SUITE A MARGATE FL 33063 Phone: =. 561-902-4161 e504 1795 BPR Fotm HR SOZ2(05 Feb 5 2008 12:10 g2/a5/ 2888 12:83 8584146749 DEPR OGA PAGE 7/11 [ pe tuber STATE OF FLORIDA DUB REPARTMENP OF BUSINESS AND PROFESSIONAL anno DIVISION OF HOTELS AND RESTAURANTS | fe ke siwermyflorida.com/dbpr erga gee ea TM, ines CLUES CALL BACK INSPECTION REPORT | Inspect nts LEGAL NOTICE LYYO5/07 42545 PM Fallure to comply with this Notice may Initiate an adiinictrative complaint that may result In suspension or revocation of your llcatias aid fines, G0t2dd3 bseved hood Th disrapalr, LARGE HOLE IN HOOD @ following fter(s} are In compliance: fation; 3G-15-1 erved food debris accumulated on kitchen floor, Nolation: 36-11-71 ra not melntained smooth and durable, MANY MISSING AND BROKEN TILES BPR Form HR S022-005 Feb 5 2008 12:10 DEPR OGA PAGE 8/11 st rgeget teense Page f ~ ARCTIC A et q * SEPARTHENT OF BLS ee OF FLORIOA ance H Ey EPA OF BUSINESS AND PROFESSIONAL REGULATION | EXHIBIT RB: g2/a5/ 2888 12:83 8584146749 DIVISION OF HOTELS AND RESTAURANTS a www. myflorida.com/dbpr tL 4) Femenuenaantuemmannansin a FooD Ea NS mceN REPORT Ap cra UHM AE Failure to comply with this Notice may Initlate an administrative complaint thet may result in suspension or revocation of your license and fines. 08/31/07 11:01 AM Routine 6012443 SEAT Inspection Date and Time inspectlon Reason Uranse Number WILLIAMS OPAL L. WARNING: ‘OwnerName Vighntions [n thn aperniton of your astablishmant 9858362 HAPPY'S CLUB Tnuel be corrected by: Area Code/Telephone Number Business Nama . Inspection Result 20 1/01/2007 08:00 AM 12-1-07 Number of Units Callback Date/Time License Expiration 1035 PALM BEACH RD S BAY, 33493 Address / Clty / State / Zip / ate. Item 03: Food Temperatures ltam 20: Warewashing Sanitization | Item 45: Fire Extinguishers and Fire pSuparasslon Systems Dates ‘A. Hood Suppression type Fire Extinguisher, found Infa| kliahon hos & certlflogilon data of 8-88-07 }A Class ABC typos Fire Extinguisher, found In/st Bichon bas a caviiientlon data of 2-07 A Clase K type Fira Extinguisher, found Infal kiichan hag a cériffeation date of G07 fam 53a; Cart, Food Managers chicken, rapéh In cooler, 4 Oegrade F, al l|ame: pamela rodgers atew, reach In cnoler, 42 Dapress F. Manager Name: pi fa roca Certification Dats: 3-7-02 Certitlad by: SERVSAFE NOTE: Items marked above with an asterlak (*) Indicate a violation Inspector's Comments 0 gallon olectric water heater Employees trained by Florida Restaurant Assoclatlon No Boller On Site. | acknowledge receipt of this Inspection farm and comments. 08-31-07 Signature of Recipient Inspector Signature Date . Reelplant; ope! wiliams For further information please contact: tite : MIKE MENOR owner 5080 COCONUT CREEK BLVD SUITE A MARGATE Phone: 561-902-4161 850-487-1395 PHF TEMPERATURE CONTROL. forenexen sree | te “03a Cold food at proper temperatures during storage, dlepley, service, In P03u Hot food at proper temperatura "02-11 Consumeradyisery on raw/undercooked oysters “03¢ Foods properly cookedireheated *02-13 Consumer advisory on raw/undercooked animal *03d Foods oroparly coolad [+s Facies to maintain product temperature | |. | *06 Tharmometers provided and conspicuously placed Ln gtentially hazardous foods properly thawed ra violaiions, Specific datalts of violation are listed on Violations marsed with an asterisk are critical violations. Items marked IN era in compliance. hams Markad OUT ai aubsequont pages. tams marked N/A are Not Applicable. Items Marked as N/O aro Not Observed, and ware not being conducted at the time af Inapection, DBPR Form HR 8022-078 Feb 5 2008 12:10 62/85/2888 12:83 8584146749 DEPR OGA PAGE 89/11 ws F . qa SXHIBI ITB § freon ors - ¥ Licange Number STATE OF FLORIDA sn SEAT 6012443 LEGAL NOTICE DEPARTMENT OF. BUSINESS AND PROFESSION, DIVISION OF HOTELS AND RESTAURANT! www, inyfiorda,com/dbpr FOOD SERVICE INSPECTION REPORT Rune Businges Name HAPPY'S CLUB Inspection Date 08/31/07 14:01 AM Fallure to comply with this Notice may initlate an administrative complaint that may reauit in suspension or revocation of your Heanse and fines, —.._| maintained, Installed, incated 45 Non-food contact surfaces designed, canstructed, malntalned, Inetalled, located STATUS PHE TEMPERATURE CONTROL, STATUS GARBAGE AND REFUSE DISPOSAL tn "07 Unwrapped ar potentially hazardous food nat re-served 29 Contalners covered, adequate number, insect and rodent In hobs Foed protection during storage, preperation, display, proof, emptied at proper intervals, clean service, transportation 34 Outside storage area clean, enclosure praperly In O8b Cross-contamination, equipment, personnel, storage constructed tO ae Potdntial for cross-contemination; storage practices: ND RODENT CONTROL damaged foad segregated _ 20a Presence of Insects/rodents. Animals prohibited In 09 Foods handled with minimum contact *35b Outer openings protected from insects, radent proof 40 In use food dispensing utensils properly storad STATUS FLOORS, WALLS, CEILINGS. STATUS PERSONNEL | Out 36 Floors ptoperty construgted, clean, dralned, coved In 44 Personnel with infections restricted 37 Walls, cellings, and attached equipment, canatructed, In 12a Hands washed and claan, good hygiente practices Tean (observed), alternative operating plan 98 Lighting provided as required. Fixtures shielded In 426 Proper hyglentc practices, eating/drinking/emoking 49 Reorns and equipmant-Vvantad as required (evidence) STATUS OTHER 4REAS 13 Glean clothes, halr restralnts 0 Employee lockors provided and used, clean. STATUS FOOD EQUIPMENT AND UTENSILS In ‘41a Toxic items properly stored 14 Food contact surfaces designed, constructed, In *41b Toxic items labeled and tisead proper! 42 Premises maintained, free of litter, unnecessary articles. Cleaning and melntenance equipment properly storad. Kitchen rastricted to authorized personnal 16 Dishwashing facilitias designed, constructed, operated 1, Wash 2, Rinse 3. Sanitize 43 Complete separation from Ilving/eleeping area, laundry 44 Clean and solled [inen sagregated and properly stored *37 Tollet and handwashing facilities, number, convenient, designed, installed *32 Restrooms with self-closing doars, fixtures operate properly, facility clan, supplied with handsosp, disposable tawale or hand drying devices, tissue, covered waste 47 Thermomatars, gauges, test kits provided STATUS SAFETY, 18 Pre-flushed, scraped, soaked P45 Fire extinguishers - proper and sufficient 19 Wash, tinse water clean, proper temperature "46 Exiting system - adequate, good rapalr "20a Sanitizing concentration, 47 Electical withg - adequate, good repalr 206 Sanitizing temperature "48 Gas appllances ~ properly installed, matntainad 21 Wiping cloths clean, used properly, storad "49 Flammablefcombustibla materiats - property stored In "99 Fond contact surfaces of aquipmentand utensils clean_|_ STATUS GENERAL 23 Non-food contact surfaces clean "60 Gurrent license properly displayed 24 Storage/handiing of clan squipment, utenells 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES rb2 Falselmisieading statements published or advertised 25 Sarviea Items properly stored, handled, dispensed relating to food/hevarage 26 Single service articles not re-used Out 53a Food management certification valid STATUS WATER AND SEWAGE/PLUMBING Gut [53b Employes training validation "27 Water source safe, hot and cold under pressure 54 Florida Glaan Indoor Alr Act *28 Sewage end waste water disposed proper! 55 Automatic Gratuity Notice 29 Plumbing installed and maintained 56 Copy of Chapter 508, Florida Statutes, ayallable "30 Cross-connectlon, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FAGILITIES 57 Hospitality Education Progtart tiformation provided Tatal Number of COS Violations: Tota) Number of Repeat Violations: Violationg morkad with an asterisk are critical vietations. ttema marked IN are in compliance, Items Marked GUT are violalions, Specific detalles of violation ara iisted on subsequent pages. [tama marked N/A are Not Applicable. hems Matked as N/O are Not Observed, and were Not being conducted at the tne of Mepection, DBPR Form HR 5022-115 Feb 5 2008 12:11 a2/05/2088 12:83 8584146749 DEPR OGA PAGE 1a/1l ROTM REPRE, —— | Page 3 of 3 : a License Number ; “ STATE OF FLORIDA: DEPARTMENT OF BUSINESS AND PROFE Sok EUBITOB eee oes DIVISION OF HOTELS AND RESTAURANTS eee www. myflorida.cam/dbpir Ser siickeennmee ie i GLUB FOODSERVICE INSPECTION REPORT nt ninspection Date LEGAL NOTICE 08/31/07 11:01 AM : } Fallure to comply with this Notice may Initlate an administrative complaint that may result in suspension of revocation of your IIcange and fines. Mioiat|on{s): 36-18-1 Observed food debris accumulated an kitchen floor. 36-11-1:Floors hot malntainad smooth and durable. MANY MISSING AND BROKEN TILES 16-37-1:Obsevad hood in disrepelr, LARGE HOLE IN HOOD 538-08-1:No proof of required employes training provided, All public food service eslablishments must pravide the diviston with proof of employee Iratning upan request, Tneluding, but nat limited to, at the time oF any division inspection of the establishment, Pro 5aA-18-1:Observed expirad Food Manager Cariiication, DBPR Form AR 5022-018

Docket for Case No: 08-000654