leafar/28e9 @4:15 8584146749 Oct $ 2009 9:35 DEPR OGA PAGE arflg -_STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VS. HABANA VILLAGE CAFE ticenee yee 2010. ; Respondent Case No. 2008052743 ADMINISTRATIVE COMPLAINT : : ON OF HOTELS AND The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISh RESTAURANTS, (“Petitioner”), files thls Administrative Complaint against HABANA VILLAGE CAPE, {"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. Respondents, and has been at all times material hereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respendent's business address of record is 1 KING ST #41 03, ST AUGUSTINE, FLORIDA 32084.The mailing address of racord is HABANA VILLAGE CAFE, at 244 GENTIAN RO. ST AUGUSTINE, FLORIDA 32086. 3. Inspection of this establishment conducted pursuant ta Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto govarning operation of the establishment. The violation(s} found and applicable law are described In Exhibit “A atiached hereto and incorporated herein by reference. Inspectlon documents are attached as Exhibit “B", incorporated herein by reference, WHEREFORE, Petitioner respectfully requests entry of an Ordar imposing one ar 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 rellef authorized by Chapter 509, Florida Statutes, or the rulas promulgated therato, Signed September 24, 2008 ) q Steven voh Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charies F. Tunnioliff, Lead Attorney . Florida Bar No. 01838341 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 901 9845 7426 4294 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been: hand served by me on this day of , 2008, Received by: Inspector's Signatura , Operator's Signature Title Title Gage Number: 2008052743 File Number: 146472 : District Number: 05 Form revised 07.07.07 Licensa Number: 6601561 2070 : HABANA, VILLAGE CAFE Oct $ 2009 9:35 16/07/2889 84:15 s584146749 DEPR OGA PAGE 88/19 Exhibit A Licanse Number: 6501561 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008052743 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, Incorparated 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, General Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “" denotes a critical violation, It is alleged that on June 3, 2008, June 5, 2008, August 18, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Gade (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, * 1.538-08-1 509.049 FS: 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 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 GHOSEN BY THE DIVISION, ANY FOOD SAFETY TRAINING . PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE 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 ' LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 7, 2001. FOOD SERVICE 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. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number: 2008062743 Fila Number: 146472 . District Number: 05 Licansa Number: 6501587 2010 Form revised 07.07.07 HABANA VILLAGE CAFE . ,

Docket for Case No: 09-005491