Feb 25 2008 10:31 DEPR OGA PAGE 83/85 g2/25/ 2888 18:26 8584146749 STATE OF FLORIDA REPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5, ; License No. 6802765 MOJOS CAFE Respondent . License Type 2010 Ps Gase No. 2007014352 INISTRA COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitianer’), files this Administrative Complaint against MOJOS CAFE, (“Respondent"), and says: 1. Petitloner is the state agency charged with regulating the operation of public Jodging establishments and public food service establishments, 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 ta the jurisdiction of the Division af Hotels and Restaurants. The respondent's business address of record is 1721 AVENUE D, FORT PIERCE, FLORIDA 34950.The mailing address of record Is MOJOS CAFE, at 10615 PINENEEDLE DRIVE, FORT PIERCE, FLORIDA 34960. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations af the provisions of Chapter 608, Florida Statutes, and / or the rules promulgated therete governing operation of the establishment, The viclation(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 tha Department's Hospitality Education Program, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed March 16, 2007 . ; coe ees Malerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Profagsional 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 FICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT haa been hand served by me on this. day of , 2007 Received by Inspector's Signature Operator's Signature Title Title Case Number: 2007014952 District Number: 04 Licange Number: 8602765 2010 Form ravisad 10.10.06 MOJOS CAFE Feb 25 200% 10:32 62/25/2688 16:26 8584146749 DEPR OGA PAGE 84/85 ea pe Exhibit A License Number: 6602785 License Type: 2010 PERMANENT FOOD SERVICE Cage Number: 2007014352 FC as cited herein references specific provisions of the Food Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative Code. NFPA as cited harsin references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Cede, * denotas a critical violation. It is alleged that on November 6, 2008, February 27, 2006 the licenses was in violation of Florida Statute 509(FS) and/or the Rules of the Divisfon of Hotels and Restaurants, Florida Administrative Code (FAC), In the following particulars, Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 6. * 4.31-09-1 §-205.11(A} FC: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT (§ ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. . Lies KITGHEN HANDWASH SINK WAS OBSTRUCTED RY FOOD STORAGE CONTAINERS IN THE BASIN. * 2,53A07-1 610-4.023(1) FAG: (1) EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. . THERE WAS NO CERTIFIED FOOD MANAGER FOR THE ESTABLISHMENT. * 3,59B-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 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 PROVIDES 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 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. THERE WAS NO PROOF OF EMPLOYEE TRAINING. * denotes critical violation =” District: o4 Case Number: 2007014352 Licensé Type: 2010 File Number: 200368 License Number; 6602765 MOJO8 CAFE

Docket for Case No: 08-000990