leafar/28e9 @4:15 8584146749 DEPR OGA Oct $ 2009 9:36 PAGE 11/149 _CALICTHELIMOM. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, Vs. CALIX THELIMON —_ ricense Type 2010. THELIMON RESTAURANT Case No. 2008040784 espondent. / : ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against CALIX THELIMON, THELIMON RESTAURANT, ("Respondent"), and says: 4, Patitionar is the state agancy charged with regulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20.185 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at ail times material hereto, licansed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's businass address of record is 1812 WINFIELD ST, LAKE WORTH, FLORIDA 33460.The mailing address of record is THELIMON RESTAURANT, at 1512 WINFIELD 8T, LAKE WORTH, FLORIDA 33460. 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 violation(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 respectfully requests entry of an Order imposing one or more of the follawing penalties: administrative fine not to exceed $1,000 per offanse, mandatory attendance at Respondents expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a licanse issued pursuant to thls Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rulas pro ated therate. Signed July 22, 2008 Ken Buck, Distriet Manager By delegation of the Director, or designes Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32999-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a tre and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2008. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2008040764 File Number, 183886 District Number: 02 Licanse Number: 6073357 2010 Forms revised 07.07.07 Oct $ 2009 9:57 leafar/28e9 @4:15 8584146749 DEPR OGA PAGE 12/19 Exhibit A License Number: 6013357 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008040784 "FC" as cited herein references specific provisions of the Food Code, Recoinmendations of the United States Public Health Service, Food and Drug Administration, Incorporated by Chapter 61C, Florida Administrative Code. “NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporatad by referance at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. “" denotes a critical violation. {t is alleged that on March 20, 2008, June 23, 2008 tha licansee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the raport(s} for the above referenced inspectlon(s) ara attached hereto and incorporated by reference as Exhibit B. * 94.32-46-1 6-301.12 FC: HAND DRYING PROVISION, EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING DEVICE. . A. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. B. OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK USED BY FOOD EMPLOYEES. * 2.50-08-1 61C-1.008(6) FAC: (8) ALICENSE RENEWAL FILED WITH THE DIVISION MORE THAN 30 DAYS BUT NO MORE THAN 60 DAYS AFTER THE EXPIRATION DATE SHALL BE ACCOMPANIED BY A DELINQUENCY FEE OF $100 IN ADDITION TO THE RENEWAL FEE AND ANY OTHER FEES REQUIRED BY LAW OR RULE. OBSERVED ESTABLISHMENT OPERATING WITH AN EXPIRED HOTEL AND RESTAURANT LICENSE....LICENSE FEES DUE: $262 + $100 = $362. * 3.53A-19-1 610-4.023(1) FAC: (1) ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED AGERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE 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, WHICH !S VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE, OBSERVED EXPIRED FOOD MANAGER CERTIFICATION, Case Number: 2008040784 Fite Number: 193686 District Number: oe Form ravisad 07.07.07 License Number: 6073357 2010 ———GALIX THELIMON Oct $ 2009 9:57 la/e7/2689 84:15 8584146749 DEPR OGA PAGE 13/19 * 4,.53B-08-1 508.049 FAC: 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 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 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 1, 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT, Case Number: 2008040784 File Numbar: 193686 District Number: 02 License Number: 6013357 2010 Form ravised 07.07.07

Docket for Case No: 09-005492