g2/ 25/2888 89:56 8584146749 Pr iy Feb 25 2008 10:01 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. License No, 1500449 SANDBAR SPORTS BAR License Type 2010 P , Casa No, 2007084522 INISTR OMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files thie Administrative Complaint against SANDBAR SPORTS BAR, ("Respondent’), and says: ‘ 1, Petitioner is the state agency charged with regulating the oparation of public lodging establishments and public food service establiahments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 4301 OCEAN BLVD, COGOA BREACH, FLORIDA 32931.The mailing address of record is SANDBAR SPORTS BAR, at 4301 OCEAN BLVD, COCOA BEACH, FLORIDA 32931. 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 ruias promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described in Exhibit "A,” attached herete and incorporated herein by reference. Inspection dacuments dre 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 ta exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Prograrn; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or arty other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signad November 30, 2007 . ; Valerie Freeman, District Manager , ” By delegation of the Director, or designéé Diviston of Hotels & Restaurants Department of Business & Professional Regulation Po er Cd ae COUNSEL FOR THE DEPARTMENT: Charnes F, Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1540 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED 0.8. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a trua and corract copy of the foragaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2007 Received by’, Inspector's Signature Operator's Signature Title Title Case Number: 2007084622 File Number: 189886 : District Number: 04 License Number: 1400445 20410 Farr reviged 07.07.07 SANDBEAR SPORTS BAR a3/ay Feb 25 200% 10:02 g2/ 25/2888 89:56 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number: 1600449 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2007084522 FG as clted herein references specific provisiona of the Food Cade, Recommendations of the United States Public Heatth Service, Food and Drug Administration, incorporated by Chapter 61€, Florida Administrative Code, NFPA as cited herein references epecifi¢ pravisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 610-1,004(5), Florida Administrative Code. * denotes a critical violation. © It Is alleged that on April §, 2007, Octaber 22, 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 report(s) for the above referenced inspection(s) ara attached hereto and incorporated by reference as Exhibit B. * 4.01B-46-1 610-4,010(2) FAC:: (2) EXAMINATION AND CONDEMNATION OF FOOD -- FOOD MAY BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S. 509.032(4}, FS. A STOP SALE WAS ISSUED ON POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABUSE (THE PREP TABLE ON THE LINE). . * 2.02-22-1 3-501.17(A) FC:; (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED 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 BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELO MORE THAN 24 HOURS WAS NOT PROPERLY DATE MARKED (RICE). * 3.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COQLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (RB) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO 4 TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403,11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; CHEESE WAS 76 DEGREES FAHRENHEIT. * §4,04-01-1 4-301.11 FG. COOLING, HEATING, AND HOLOING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLO ANO HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. THE PIZZA PREP TABLE WAS NOT MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES. * denotes critical violation ; District: o4 Case Number 2007004522 License Type: 2010 License Number: 1500449 Fila Number: 189686 SANDBAR SPORTS BAR Feb 25 200% 10:02 g2/ 25/2888 89:56 8584146749 DEPR OGA PAGE 85/87 Exhibit A "5 1ZA-22-4 — 61C~4.010(1}(D} FAC AND 3-301.11(B) FC:: NO BARE HAND CONTACT OF EXPOSED READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE - ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE, (8) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.18 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DEL! TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS {CHERRIES INSIDE BAR). 8.29-17-1 5-202.11FC;: APPROVED SYSTEM AND CLEANABLE FIXTURES. (A) A PLUMBING SYSTEM SHALL BE DESIGNED, CONSTRUCTED, AND INSTALLED ACCORDING TQ LAW. (B) A PLUMBING FIXTURE SUCH AS A HANDWASHING FACILITY, TOILET, OR URINAL SHALL BE EASILY CLEANABLE. THE WASTE LINE MISSING AT SODA GUN HOLSTER. * 7,45B-03-1 6-202.16 Fe:; OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B}, (C), AND (E}) AND UNDER PARAGRAPH (D} OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY; (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SQLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, ANO THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISPICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E} OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF ALARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT 15 NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL 86 PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 168 MESH TO 1 INCH SGREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS: OR (3} OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. OUTER OPENINGS WERE NOT PROTECTED WITH SELF-CLOSING DOORS. ALL OF THE DOORS WERE OPEN. A. 38-15-71 6-801.12(A) FC: (A} CLEANING, FREQUENCY AND RESTRICTIONS, THE PHYSICAL FAGILITIES SHALL BE CLEANED AS OFTEN AS NEGESSARY TO KEEP THEM CLEAN. OBSERVED AN ACCUMULATION OF FOOD DEBRIS ON THE KITCHEN FLOOR IN THE PIZZA AREA. * denotes critical violation District 04 Case Number: 2007064522 Licanse Type: 2010 License Number 1600449 Fite Number: 189686 SANDBAR SPORTS BAR Feb 25 200% 10:02 g2/25/ 2888 89:56 8584146749 DEPR OGA PAGE 86/a7 Exhibit A * 9. 41B-03-1 7-102.11 FG: COMMON NAME. WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUCH AS CLEANERS AND SANITIZERS TAKEN FROM BULK sees SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH THE COMMON NAME OF THE MATERIAL. OBSERVED UNLABELED SPRAY BOTTLE. * 10. 45-38-1 NFPA 10, 1.5.10: FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 LB SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 6 FT ABOVE THE FLOOR, FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB (EXCEPT WHEELED TYPES) SHALL BE 80 INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER [8 NOT MORE THAN 3% FT ABOVE THE FLOOR. INNO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 IN, OBSERVED A PORTABLE FIRE EXTINGUISHER ON TOP OF THE WATER HEATER. * denotes critical violation District: 04 Case Number. 2007064522 License Type: 2010 Licenae Number: 1500449 File Nurober: 189 SANDBAR SPORTS BAR

Docket for Case No: 08-000988