Jun 25 2008 14:11 g6/ 25/2888 15:11 8584146749 DEPR OGA PAGE @4/12 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. License No, 7406372 TANDOORI GRILL License Type 2010 Respondent. Case No. 2008013492 Is TIVE COMPLAI Tne DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION; DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against TANDOORI 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 by or subject ta the jurisdiction of the Division of Hotels and Restaurante. The respondent's business address of record is 137 W INTERNATIONAL SPEEDWAY BLVD, DAYTONA BEACH, FLORIDA 32114. The mailing address of record is TANDOORI GRILL, at‘1530 CATALINA BLVD, DELTONA, FLORIDA 32725. 3, Inspection of thls establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated therate 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 documente are attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Ordar 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 Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed March 11, 2008 ~ Valarie 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 Qepartment of Business & Professional Regulation 1840 North Monroe Street Talishassee, Florida 32399-1007 FIG OF SEI E BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: [HEREBY CERTIFY that a true and correct copy of the foreqaing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of . 2008, ee Received by: Inspector's Signature Operator's Signature Title Tithe Gase Number: 2008013492 File Number: 208670 District Number, 04 License Number: 7406372 2010 Form reviaed 07.19.07 TANDOORI GRILL Jun 25 2008 14:11 g6/ 25/2888 15:11 8584146749 DEPR OGA PAGE 5/12 Exhibit 4 License Number: 7406372 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008013492 FC as 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 referances 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 Code, * denotes a critical violation. Itis alleged thaton September 2B, 2007, February 19, 2008 the licensee was in violation of Florida Statute §09(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) are attached hereto and incorporated by reference as Exhibit B. * 4.538-08-1 505.045 FAC. FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOVEES 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 8E 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 PROVIDE 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 LIGENSEE, FOOD SERVICE EMPLOYEES MUST REGEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICR 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. NO PROOF OF REQUIRED EMPLOYEE FOOD HANDLER TRAINING WAS PROVIDED. * denotes critical vialation : District; 04 Case Number: 2008013462 License Type: 2010 License Number: 7406372 File Number: 206670 TANDOORI GRILL Jun 25 2008 14:12 g6/ 25/2888 15:11 8584146749 DEPR OGA PAGE §6/12 STATE OF FLOW, Pope of 2 OLFARTHENT OF BUSTNESG AND PROFESSIONAL REGULATION FOLLOW-UP INSPECTION REQUIRED DIVIEIOR OF HOTILS AND RESTAURANTS ; hi bives ih as : EXy, Mipector determined vigtapona require further 2/19/00 C:34 PM Tabb seat BASG TARIQ N from 43: Fire Fxtingubhers and Fire Suppramion Sytterst Oebes T ocheeyviaiivs receipt of thin nepaction Sotia ned comments, ‘Useotte Branner Sanitston and Safety Speckefiat 400 W. Robinenn St. Sta. ON Ortendo, Fi 32801. AFH 1395 Mls Cold food at WOR tinparstures duriyy ttorege, dinpley, service, ‘franeport, and cold tenldling OBPR form HA Smt2-016 Jun 25 2008 14:12 g6/ 25/2888 15:11 8584146749 DEPR OGA PAGE @7/12 Page 2 of 2 License Number