Oct 14 2009 15:30 la/lg/28e9 18:18 8584146749 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitroner, VS License No 1621688 SUNRISE RESTAURANT License Type 2010 Respondent Case No 2008068998 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files ths Admunistrative Complaint against SUNRISE RESTAURANT, (“Respondent”), and says 1 Paettioner 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 ts, and has been at all tmes maternal hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record ts 4226 S SR 7, HOLLYWOOD, FLORIDA 33314 The mailing address of record is SUNRISE RESTAURANT, at 5226 S 5R 7, HOLLYWOOD, FLORIDA 33314 3. Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed violations of the provisians of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The viclation(s) found and applicable law are descrnbed 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 adrmunistrative 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, suspengion, revocation, or refusal of a license issued pursuant to this Chapter, and/or any ather relief authonzed by Chapter 509, Florida Statutes, or the rules promulga hereto Signed December 30, 2008 Ken Buck, District Manager By delegation of the Director, or designee Dmiston of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnichff, Lead Attorney Fionda Bar No 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 8 hand served by me on this. day of ,20 Received by Inspector's Signature Operator's Signature Title Title Case Number 2008068998 Fila Number 209787 Bistrict Number 02 License Number 1621688 2010 Form revised OF 07 07 SUNRISE RESTAURANT Oct 14 2009 15:30 la/lg/28e9 18:18 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 1621688 License Type 2010 PERMANENT FOOD SERVICE Case Number 2008068998 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Pubhe Health Serviea, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative Code "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Generaf Provisions", Flanda Administrative Code, and 61C-1 004(5), Flonda Administrative Gode “ denotes a critical violation Itis alleged that on Octeber 10, 2008, December 18, 2008 the icensee was in violation of Florida Statute §09(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars Copy(s) of tha report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 7 53A-20-2 509039FS ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE FASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES 43 ADOPTED IN THIS CHAPTER THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE, AND 610-4 023(1) FAC. EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE GERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION, ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST.. OBSERVED THE MANAGER LACKING PROOF OF FOOU MANAGER CERTIFICATION AND NO ONE CERTIFIED AT THE LOCATION. * 2 53B-08-1 509049FS 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 TG 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 GONTROL THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVIGE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LIGENSEE, 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 SERVIGE 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 2008088998 File Number 208787 District Number 02 License Number 1621688 2040 Form revised 07 07 07 SUNRISE RESTAURANT

Docket for Case No: 09-005624