Aug 13 2009 3:30 @a/1a/2889 89:28 8584146749 DEPR OGA PAGE 13/15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 1100078 LOUIS LUNCH Respondent License Type 2010 eSpon pal . Case No, 2009007279 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LOUIS LUNCH, ("Respandent’), 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 436 SE 2 ST, GAINESVILLE, FLORIDA 326016772. The mailing address of record is LOUIS LUNCH, at 436 SE 2ND STREET, GAINESVILLE, FLORIDA 326014640, 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed vialations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment, The vialation(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 respecttully 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 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 February 25, 2009 QO ; Steven veoh Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation GOUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Manroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 7126 2139 | HEREBY CERTIFY that a true and correct copy of the foragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009, Received by: Inspector's Signature Operator's Signature Title Title Case Nurnber: 2008007279 — File Number: 96344 District Number: 05 9 Form revised 07.07.07 License Number: 1100078 204 LOWIS LUNCH Aug 13 2009 3:30 @a/1a/2889 89:28 8584146749 DEPR OGA PAGE 14/15 Exhibit A License Number: 1100078 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009007279 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Publi¢ Health Service, Food and Drug Administration, incorporated by Chapter 610, Florida Administrative Code. “NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated hy 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 that on November 21, 2008, January 23, 2009 the licensee 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 referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 41.12A-16-1 2-301,14 FC: WHEN TO WASH, FOOD EMPLOYEES’ SHALL GLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: {A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2.403.11(8); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS: (F} DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOiL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. OBSERVED OPERATOR REPEATEDLY TOUCH FACE WITH GLOVES ON AND RETURN TO FOOD PREP. 2.23-05-1 4-602.13 FC: NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE CLEANED AT AFREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES. OBSERVED RESIDUE BUILDUP ON NONFOOD CONTACT SURFACE OUTSIDE OF 2-D00R REACHIN COOLER. * 3,35A-04-1 6-601.111FC:; 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, 7-206.12, AND 7-206,13; AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED RODENT ACTIVITY AS EVIDENCED BY RODENT DROPPINGS FOUND. 15-20 DISPERSED THROUGHOUT DISH WASH ROOM. Case Number: 2009007279 — File Number: 98944 Districk Number: 05 Form revised 07.07.07 License Number: 1100078 2010 LOUIS LUNGH Aug 13 2009 3:31 @a/1a/2889 89:28 8584146749 DEPR OGA PAGE 15/15 is yl ; “4 im TYME 2 aes.) com a NDODR-] oUTAOOR ‘ ade’ ' Yel INSPECTION EE} TREATMENT oO SEMGALR IED AMOUITE Tia RAHM ar aa BT stearate ru ete Rate oo gente ieee Py BEpVIGED 5 Are ovis en eee SERVICE REPORT y - wh ‘ ot a . itt eee ae ay ae Daf —EE

Docket for Case No: 09-004293