Jul 31 2008 12:16 7/31/2688 13:16 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE. JULIAN DRAVES CATERING CHEFS treme ape 2010. Respondent. Case No. 2008013621 LA! The DEPARTMENT OF BUSINESS AND SESS ORAL REGULATION, DMISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Adminiatrative Complaint against JULIAN DRAVES CATERING GHEFS, (‘Respondent’), and saya: 1. Petitioner is the state agency charged with regulating the operatian of F public lodging establishments and public food service astablishments, 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 responderit's businass address of record is 2408 E ROBINSON 5T, ORLANDO, FLORIDA 32803, The malling address of record is JULIAN DRAVES CATERING CHEFS, at 120 E CONCORD ST, ORLANDO, FLORIDA 32801. 3, Inspection of this establlehment conducted pursuant to Sec. 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, ard / or the rules promulgated thereto governing Operation of the establishment. The vidlation{s) found and applicable law are described in Exhibit “A,” attached herate and incorporated herein by reference, Inspection documents are attached as Eibit “B’, incorporated herein by reference, WHEREFORE, Petitioner respectfully requests aniry of an Order imposing one or more of the following penaltiss: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponeored by tha Departmant's Hospitality Education Program, suspension, revocation, or refusal of a llcense igsued pursuant to this Ghapter, and/or any other relief authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto, Signed March 10, 2008 5 Valeria Freeman, District Manager By delegation of the Diractor, or designee Olvision of Hotels & Restayrants Department of Business & Professional Regutation COUNSEL FOR THE DEPARTMENT: Gharles F, Tunniciiff, Lead Attormey Florida Bar No. 0153831 Bepartinnent of Business & Professional Regutation 1840 North Monroe Streat Tallahassee, Florida 32399-1007 OE 8 E BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: {HEREBY CERTIFY that a true and corract capy of the foragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of ——_——_—_——— Recelved by: Inspector's Signature Operator's Signature Title Title Coase Number, 2008013821 Fila Number: 1718 Diatriet Number: 04 License Number; 5R10541 2010 Form revised 07.07.07 - JULIAN DRAVES CATERING GHEFS Jul 31 2008 12:17 ar/al/2aee 13:16 8584146749 DEPR OGA PAGE Exhibit A License Number: 5810541 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008013821 FC as cited herain references specific provisions of the Food Cede, Recommendations of the Unitad Slates Public Health Service, Food and Drug Administration, Incorporated by Chapter 61C, Florida Administrative Code. NEPA 4¢ cited herein references specific provisions of the National Fira Protection Association Life Safety Gode, incorporatad by reference at Chapter 4A-3, Fire Pravention, General Provisions, Florida Administrative Code, and 61¢-1.004(5), Florida Administrative Code. * denotes a critical violation. Itig alleged that on December 7, 2007, February 20, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rutes of the Division of Hotels and Restavrants, Florida Administrative Cade (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. * 4,29.24-1 4-602.14(E) FC: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE GLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES,; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISFLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRIJP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT 4 FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (8) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. THE INTERIOR OF THE BEER COOLERS AT THE BAR AREA WERE ENCRUSTED WITH SOILED DEPOSITS. * 9. 30-02-1 6203.14 FC: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSEIS ATTACHED OR ON A HOSE BIBG IF A HOSE 1S NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5202.14, THE VACUUM BREAKER WAS MISSING FROM THE HOSE BIBB AT THE MOP SINK. 43, 8444-4 61C-1.004(9)(D) FAC: (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY. THE CARBON DIOXIDE TANK AT THE BAR AREA WAS NOT PROPERLY SECURED. * denotes critical violation ; District o4 Gase Number. 2008013621 License Type: 2010 License Number: 5610541 File Number: 1718 JULIAN DRAVES CATERING CHEFS ad/ay Jul 31 2008 12:17 ar/al/2aee 13:16 8584146749 DEPR OGA Exhibit A * 4.53A-01-1 509,039 FS AND 616-4.023(1) FAC: ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIG SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEOGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHIGH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. THERE WAS NO PROOF PROVIDED FOR THE FOOD MANAGER CERTIFICATION. * 5, 636-08-1 509.049FAC: 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 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 PROVIOER CHOSEN BY THE DIVISION, ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TQ FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR rs REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LIGENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN AGGORDANCE 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 SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER |, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALIO FOR 3 YEARS. THERE WAS NO PROOF PROVIDED FOR THE EMPLOYEE'S FOOD HANDLER TRAINING. * denotes critical violation District; o4 Gase Number. 2008012621 License Type: 2010 Licanse Nuniber, 58 File Number: 1718 40544 JULIAN DRAVES CATERING CHEFS on ico PAGE a5/a7 ar/al/28ee | Jul 31 2008 12:17 13:16 8584146749 DEPR OGA CERTIFICATE OF SERVICE [ ?he0 390% 9844 9960 4ORL i | vo: | JULIAN DRAVES CATERINGRPERS du JULIAN DRAVES CATERING CHEFS 120 E CONCORD ST ORLANDO, FLORIDA 32801 ENDER: SEN Dapt. of Gusingss & Prof. Regulation lvision of Hotels & Restaurants REFERENCE: License No. 5810541 Licanae Typa 201 0 US Postal Service POBTMARK OF OAT Receipt for Certified Mail A, [2 OK | No inauranos Coverage Prowidest Oo Net Wee for inteeaational Mail Peabo Se RE ZEUT SS AS ESTES TESTES SECS rt h Anicle. Number Vien 390% 349 FIR 4OLL DE yg EEO Chef de 4. Gervie Type CERTIFIED MAIL 4, Flesiricted Delivery? (Exiw Fea) []¥es JULIAN DRAVES CATERING&PERS CH JULIAN DRAVES CATERING CHEFS 120 E-CONCORD ST ORLANDO, FLORIDA 32801 * Lit, No, S810544 2010 Cage No. 2008013821 zs 64-8 bi rte eta: ! PS Form 3871, January 2006 Gamestic Raturt Fecelpt Distrlet Number: 04 Case Number, 2008013621 File Number; 1718 oo License Number B610844 2010 Form revised 07.07.07 JULIAN DRAVES CATERING CHEFS PAGE 86/a7

Docket for Case No: 08-003776