Oct & 2009 16:03 leafar/2aed la:43 8584146749 DEPR OGA PAGE a3/ay a ee ee a — a _. ’ ' STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' Petitioner, i vs. ! ZELLY'S BREAKFAST & BURGERS rioense no. " ona Respondent. icense Type / ‘ Case No. 2008049001 ADMINISTRATIVE COMPLAINT, The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Camplaint against ZELLY'S BREAKFAST & BURGERS, ("Respondent and says: 1, Patitioner is the state agency charged with regulating the operation of public lodging establishtnents and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. | 2. Respondent Is, and has been at all timas material hereta, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of recordis 2120SE —- . HAWTHORNE RD, GAINESVILLE, FLORIDA 32641.The mailing address of record is ZELLY'S ! BREAKFAST & BURGERS, at 3116 NEEDLES DR, ORLANDO, FLORIDA 32810. ‘ 3. Inspection of this establishment conducted pursuant to Sac. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereta governing operation of the establishment, Tha violation(s) found end applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B’, incorporated herein by referenca, WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penaltles; aciministrative fine not to exceed $1,000 par 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 rules promulgated therato. Signed September 04, 2008 Steven voh Bodungen, sll 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 Monroe Street Tallahassee, Florida 32398-1007 CERTIFICATE OF SERVICE ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 3577 0324 | HEREBY CERTIFY that a true and corract copy of thé Toragoing ADMINISTRATIVE COMPLAINT has been hand served by me on this___sday af , 2008, Received by: Inspector's Signature . Operator's Signature ‘ Title , Title \ i Case Number: 2008048001 File Number: 23547 Disilet Number ° ” ‘orm revised 07.07. } Usense Number 1150144 2014 © . ZELLY'S BREAKFAST & BURGERS leafar/2aed la:43 8584146749 Oct & 2009 16:03 DEPR OGA PAGE @4/a7 & Exhibit A License Number: 1150144 License Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2008049001 “FC” as cited heretn references specific provisions of the Food Code, Recommendations of the United Statas Pubile Health Service, Food and Drug Administration, Incorporated by Chapter 61G, Florida Administrative Coda, "NFPA" as clted herein teferences specific provisions of the National Fire Protection Assoctation 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 that on July 17, 2008, July 18, 2008 the licensee was In violation of Florida Statute S09(FS) and/or the Rules of the Divisfon of Hatels 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. . * 4,034-07-1 3-507.16(A)FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PLIBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS — COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A) 41 DEGREES FAHRENHEIT OR LESS: OBSERVED POTENTIALLY HAZARDOUS FOOD ‘GOLD HELD AT GREATER THAN 41°F - EGGS AT 376F ON CALLBACK INSPECTION. ° 2.04-01-1 4-301.17 FO: COOLING, HEATING, AND HOLDING CAPAGITIES, EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED COLD HOLD EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES - REAGHIN COOLER. District Number: 05 Casa Number: 2008048007 — File Number: 23547 Form revised 07,07,07 License Number; 1150744 2014 ZELLY'S BREAKFAST & BURGERS

Docket for Case No: 09-005525