Mar 25 2008 11:35 63/25/2688 11:38 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, v8. LOWER EAST SIDE REST (THE) | License rye 2010 Respondent Case No, 2007064347 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against LOWER EAST SIDE REST (THE), {("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 20.165 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 8548 PALM PKWY, ORLANDO, FLORIDA 32836.The mailing address of record is LOWER EAST SIDE REST (THE), at 8548 PALM PKWY, ORLANDO, FLORIDA 32835. , 3, Inspection of thi¢ 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 ard applicable law are described in Exhibit "A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by refarence. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the foliawing penalties: administrative fine nat to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored. by the Departments Hospitality Education Program; suspension, revocation, of refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated therets. Signed November 29, 2007 2 _ Valerie Freeman, District Manager. oto + By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation ome deme ge mM Tt re 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: “THEREBY CERTIFY that a trué and cditett copy ofthe foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2007. Received by: : Inspector's Signature . Operator's Signature : Se Title Title 7 7 Fila Number: 133928 Distriet Number; 4 Case Number 2007064347 — Fila Number: Ce vane 07.18.07 Licenge Number: 5800007 2010 LOWER EAST SIDE REST (THE) 43/68 Mar 25 2008 11:36 ga/ 25/2888 11:38 8584146749 DEPR OGA PAGE ad/ag Exhibit A License Number; 5809097 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007064347 FC ag cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code, NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, Ganeral Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, * denates a critical violation. it is alleged that on November 21, 2007 the licenses was in violation of Flarida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAG), in the following particulars. Copy(s) of the report(s) for the above raferenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B. . * 4.38A-04-4 6-504.111 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-208, 12, AND 7-206,13, AND (D) ELIMINATING HARBORAGE CONDITIONS, OBSERVED EVIDENCE OF A RODENT INFESTATION WITHIN THE ESTABLISHMENT. FIFTEEN RODENT DROPPINGS WERE OBSERVED BEHIND THE COOLER IN THE DINING ROOM, HUNDREDS OF RODENT DROPPINGS WERE OBSERVED ALONG THE KITCHEN WALLS, AND FIFTY TO SEVENTY- FIVE RODENT DROPPINGS WERE OBSERVED IN THE FOOD STORAGE AREA AND CABINET. ADDITIONALLY, A DEAD RODENT WAS OBSERVED UNDER THE DISH MACHINE, * denotes critical violation ; District o4 Case Number 2007064347 License Type: 2010 License Number: 5809097 File Number; 133928 LOWER EAST SIDE REST (THE) Mar 25 2008 11:36 ga/ 25/2888 11:38 8584146749 DEPR OGA PAGE 85/88 EXAIBI EA’ rmae 3 STATE GF FLORIDA DEPARTMENT OF BUSTHESS AND PROFESSIONAL HEGU.4 TION DIVISION OF HOTELS AND RESTAURANTS Www nnyfetide.com/abyt . hyp FOOD SERVICE INSPECTION REPORT 7 LEGAL NOTICE Fallere to comply with this Motion ney initiate au mcuninletrative complehst thet mey result ln muapensfom oF revnention of your teas wri tee 22/07 02:08 OM Compinint Purttal S005007 Seay Titpection Date and Time License Namiver NEW YORK FINE FOODS INC ea #650505 LOWER EAST SIDE REST (THE) aon au pei pte, ire, in Conder, 2 Degree F tei, walk fn enolar, 40) Dagremm FE. Trvestigation of complaint #200706 pat problem TOIRpMINE Ki ditting room , Spoke to Superekar on duty én cur office Ed , Weiner per’ ce Manager for teiteurant Meliess Johns, expleived isa Lambert from Hoapita ity aoe eenrarr cae i for takin on 21/10/08, pending ence 2O07D48630 Reptaurant open Ree Hanoper 0 estar Hebe, = ad ven ny oor and Gama eR No Boar On Sie, Lacknowtodge recaint of this Inepecting form and cohitiests. ere gata ngewe wee pdm ureter cae A Fer) Rgeee wet natn tte nee aT 14-21-07 z é bs . Sone Recent Signstorre == Recipient ofa mor For furtivet Please coftart: ‘ Machelle Speightx THe sali ae Phone: 4074650565 880 487 1995 Wich An SabAAA, ory chien! violators, There marieed 1M ara ii compliance. Iberw OUT ane viglaions. Space diately: of violas irs Bebed on Waar a a es are Re Aponte, en Mara a RS mh board ae wer Pot Dl conta the Ene oF hepato. DBPR Form HA SUz2-016 Mar 25 2008 11:36 43/25/2868 11:38 8584146749 DEPR OGA PAGE 86/89 ray ae Lcenge Number STATE OF FLORIOA SEAT 5300097 DEPARTHEAT OF BUSTNR&S AND PROFESSIONAL REE VLATION ky Dusinaee Name DIVISION OF ann LOWER EAST SIDE REST (THE) verwtnacoajie AL rere. myfiorida.com/dbpr “By tre bee FOOD SERVICE TNRPECTION REPORT & LURUAT 02:08 PM LRCAL NOTICE Fallura te comply with this Notice muy inkiate on administrative comnplaiat that may netalt In eurperslon of revocation your Hrensa aad fret, (cAI ccc ein Thariied VAR: minimum coat bee) OF PeQQuine CEmpinyes Gckirs provider! Hf iesed, clean aa te are [Path Toe ems beled and ained propes : stat ol ae, Ti) Thennometers, quuges, test kk proved 18 Precfidehed, scraped, santas ay , HiNeR Weiter Hein, proper teiperatire: 20a SUNitzingy COWCeNEYatICH 20h Sankiing bamnperatyre che tore] Tia Food convene RurTAeRS Of equipment and (tensis clear 23 Norfoad contact om Py See 7 o7 Water RUNCe Sart, hot and Cond WRGer prBeRlire Total Number of COS Viedetiona: ‘Total Number of Rapeat Viairtions: maried ester “miical waka, Toma refed TN rm in compAacem. There Merkadl CAT ane Viblition. Space Jotela oF vioketion af lated of FN ona mare’ See ee norte. Tiss Mave a0 W/O are Not Obewrved, afi] ware Net being conducted ar tha time OF inapection. BPR Form HR 5022-015 Mar 25 2008 11:37 83/25/2888 11:38 s5edi4s7ag DEPR OGA vee AGE 87/08 , License Number STATE OF FLORIDA SEAT 580057 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ro? Buakvess Nam DIVISION OF HOTELS AND RESTAURANTS A LOWER EAST'SIBE REST (THE) wrunn areflritaccom apr ih, Ne FOOD SERVICE INSPECTION REPORT ‘M424 A 02:08 PM LEGAL NOTICE Failure to comply with Ehis Rotice nuiy Initints an adininbitrathra complaint that may ranelt In mhapoaclen or revocntion of yotir licunan and fins, Violaticna(e}: ener a sein roe Si den Kitchen vive, Oburted 80-75 rodent phoarved 15 tadant drooping behind eodler aind dining thoy, Obuarved dead rodent under iishmachine, Observed hundreds oF di 8 along 5 drappings in food storage ares abe eabirat. customer cen't provide proof of padent pit Control. operating at tre of complalnt \. The oF eects, ved other ples sha be controfed fo minimiee ther pretence on the PREMISES by: (A) Routinely REFEREMCE TEXT: 6 SULLA Fs Corrosion Posty The praganc rode, ther pen ahh be conte fo her proton te PRENES ney moana of pest eoatrol as specified under Sections 7-202.12, 7-206.12, and 7-206.13) and (D) Eliminating Barbora’ conditions, ae ui > > Tues Wa eee mbes ey fm ee ee Ce i cad Ce agli rppaema aad I Faye ea raed cae a pt Ay BPR Porm HA 5022-018

Docket for Case No: 08-001472