Jun 3 2008 3:05 86/ @5/ 2A88 _ 89:85 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, v5. License No, 7404888 DRIFTERS BAR & GRILL License Type 2010 Respondent. Case No, 2008002602 __ DMINIS TIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files thie Administrative Gomplaint against DRIFTERS BAR & GRILL, (Respendent’), and says: 4, Petitioner is the state agency charged with regulating the operation of public ladging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondentis, and has been at ali times material hereto, licansed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of regard i¢ 2400 S ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-5402, The mailing address of record is DRIFTERS BAR & GRILL, at 2400 S ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-5402. : 3. Inspection of this establishment conductad pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provigions of Chapter 509, Florida Statutes, and/or the mules promulgated thereto governing operation of the establishment. The violation(s) found and applicable (aw are described in Exhibit “A,” attached hereto and incorporated herein by reference. Inspestion 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 st Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, of refusal ofa license issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 508, Florida Statutes, or the rules promulgated thereto. Signed January 11, 2008 — Valerie Freeman, District Manager By delegation of the Director, of designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnieliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 GERTIFIGATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correctcopy af the foregoing ADMINISTRATIVE COMPEAINT has been hand‘Rerved pywme on this" day of FeBhuAbel 2008. tad? Regeived wy Conte UW trtaens— pons ra pa ° , & Operator's Signature Title Title . Case Number: 2008002602 Fila Number: 214268 Diatrict Number, 04 Form revised 07.07.07 License Number. 7404888 2010 DRIFTERS BAR & GRILL ad/ag Jun 3 2008 3:05 B6/ 85/2088 89:85 8584146749 DEPR OGA PAGE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. License No. 7404888 DRIFTERS BAR & GRILL License Type 2010 Respondent. Case No. 2008002802 ADMINISTRA TIVE. COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DRIFTERS BAR & GRILL, (‘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 oy or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 2400 § ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-8402. The mailing address of record ia DRIFTERS BAR & GRILL, at 2400 § ATLANTIC AVENUE, DAYTONA BEACH SHORES, FLORIDA 32118-6402. 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 violatian(s) found and applicable law are deserlbed 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 aitendance at Respondertt’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 609, Florida Statutes, or the rules promulgated thereto. . Signed January 11, 2008 Valeria Freeman, 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 Buainess & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct Copy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2008. hand served by me on fhis day of - Received by: Inspector's Signature Operator's Signature i se mane Title Title Case Number: 2008002602 File Number. 214266 District Number: 04 . Lesnse Number: 7404600 2010 Form revised 07.07.07 DRIFTERS BAR & GRILL a5/ag Jun 5 2008 8:05 B6/ 85/2088 89:85 8584146749 DEPR OGA PAGE 86/a9 Exhibit A License Number. 7404888 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008002602 FC as cited herein referances 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 raferences 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 81C-1.004(5), Florida Administrative Code. * denotes a critical violation. tis allaged that on January 9, 2008 the licensee was ih violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in tha following particulars. Copy(s} of the report(s) for the abave referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. + 4,27-17-4 §-103.12FC:;: PRESSURE, WATER UNDER PRESSURE SHALL BE PROVIDED TO ALL FIXTURES, EQUIPMENT, AND NONFOOD EQUIPMENT THAT ARE REQUIRED TO USE WATER EXCEPT THAT WATER SUPPLIED AS SPECIFIED IN PARAGRAPHS 5-4104.12(A) AND (B) TO A TEMPORARY FOOD ESTABLISHMENT OR IN RESPONSE TOA TEMPORARY INTERRUPTION OF A WATER SUPPLY NEED NOT BE UNDER PRESSURE. OBSERVED THE RESTAURANT OPERATING WITHOUT ANY WATER. * denotes critical violation District: 04 Case Number: 2008002602 License Type: 2010 License Number. 7404838 File Number. 214266 DRIFTERS BAR & GRILL . Jun 5 2008 8:06 B6/ 85/2088 89:85 8584146749 DEPR OGA PAGE @7/ag Jan ums up votlep Konaiaq L Jatre : sob -ZeEB-OD8S rec STATE OF FLORIDP- . Page 1 of 3 DEFARTMERT OF = - NESE AMD PROFESSIONAL FOLLOWGUP INSPECTION REQUIRED * RECULA’ penarsahast r liadld "EXHIBIT Biisiecel Cereewa omens HP py i xhiair A : me FDOT) SERVICE INSPECTION REPORT... - LEGAL WOTIEE Palate te comp vith this rotice (altinte an sapyinletradive chtnplaint Veet bare reanty in sxapenahon oF revocel m of pour licanet amd firen. OL 05/08 02:39 PM Routine gan SEAT Tnpecton Date and Tete " JACKS ALOMA LIQUORS INC iD | word ORIFTERS BaR AND GRILL Businadc Name EMERGENCY ORDER of suitpension of Bceats. i Tet d:0pm on L/8/08 and uhe ciosed tte Dar Sie wa to¥d waster woukl Be pmened and bo prepare ote hamburger eanededch made today, Lichtg hesinty tongs end dell pape nef weenie. ate avallable.cloture appreved per Xenia Bailey, No Baller On Sie, age usin sanitary alconal e 201d today, Manager using g10r-08 er Inepecter Signature tate: Inept Sis Rexipient: Carole Tunkkon * , Karen Barrett ™ ‘anege Sannation ae ety Specs 400 W Robinson Street M 002 Phone: 988-2263650 oeana re gee [ace Gl ii Ce Fev eh van Se ey (AR cs ieneiaapiadin in | RN cicKc la a | | Eee | ——__—_ a i e Spat ra Wrteed 8A Veclauond Tad wth an SRR OPO cris VG, Cog Wumrhae TH are i oO cay, Itagerim Parime GAY gre wieder rahe cathe aa auteequent pees. [hema macond H/A ate Not Aipliabie, CH Marked a6 W/O are Knt and were jit belog ennducled at the tine of anipentio BBR Frew HE POZL-OL6 Jun 3 2008 3:06 B6/ 85/2088 89:85 8584146749 DEPR OGA gan08Y PAGE 88/a 1f dbb-eeos pet —_ 3 wonala L Jarre 4 gan uy Ue Ub? lJP - sage 20t3 . ‘ Uchnee Number a STAVE OF FLORIDA SEAT | 7aQNeRA DEPATCTMENT OF WUSTWESS AND PROFESSIONAL REGULATION ei] "Mame OIVISION OF HOTELS AND RESTAURANTS ne BAR AND GRILL saya. Iipforkiacon/ aie ate " FOOD SERVICE INSPECTION REPORT o, g1aa/ta 07:39 PH LEGAL NOTICE . fn Falture bo conety veils this Hoticn Inkdete an adeninintrathves compleint teat may Neat, by Sitepenaion OF of of pour Noemen a a, azandous Toad served 32 Conmeiners oo Boequate number, insect end rodent inert, ean cruched 4 Outsite starage ba Horo ns Si eR clasts A I i oneed, constructed TT hl a i A TEP ad, raped, sommed [| ——— are pg ai et iki ia aman eioh Sanitizing temperature eae Gae SppUANCes » progeny italic, tained & FI 5 28 it | | 4 i Pe a al =z Py and safe operation blithed of acverthed! aes is Cilla fare wateraneprerconeens [eet Fi F Sa os property, Faciity than, suppied wit Hovedts or bane drying devices, Gesup, covenad waste Vioktons marked eyth an asterisk arw cHiécal violetiong, Thems morked TN are in saibiijiient pages, Tan. marked N/A dre fot Applicable. Ines Marto as N/C) are Noe OBPR Porm HR S022-015 Theme Marked QUT ara Vatations, Specific detaite of-victatied war Ustatl ot Cbaetved, and wae not being conducind atthe nie of inageacton. Jun 5 2008 86/85/2888 89285 S58414d6749 DEPR OGA Jan oS 08 O5:19P Ransldad . JafFre =“ STATE OF FLORIDA DEPARTMERT OF BUSENESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ‘were rpterida.com/ dtp FOOD SERVICE INSPECTION REPORT’ De 77eL Weber phowsare lecking at fletines that require he spe af vaher,Water haw Gara banned off since 3/0 pm 1/B08, SAPO1-LiManeger lacking ptnef of Faed Manager SJE L:No arent of sequined aimnployew training prt of any dvighon inspection of tha atabiahment, Bret 42-1 -L:Obnerved anvmchtiatry Neon the Pewmite pieed Make Lable coatat, APR Form HR SOLS 286-225-0089 S:07 PAGE 89/ag F- a Page 3 at 3 ‘LUtensce Number rca BAR AND GRILL , All publ: food werviee extabfichment® Mest provide tha dicitinn with peed of employee trait apot Mmguest, Inchudny, bak rik Arnie Oo, wt Hew firme

Docket for Case No: 08-002661