Oct 16 2009 11:06 la/15/28e9 85:47 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 Petitioner, vs. PANDA RESTAURANT (THE) teene yp genene0 Respondent, Case No, 2009019391 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against PANDA RESTAURANT (THE). (“Respondant"), and says: 4. Patitioner 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, Respondentis, and has been ait all times material hereto, licensed by or subject to the juriediction of the Division of Hotels and Restaurants. The respondent's business address of record is 1201 CLEVELAND ST, CLEARWATER, FLORIDA 33755.The mailing address of record is PANDA RESTAURANT (THE), at 1201 CLEVELAND ST, CLEARWATER, FLORIDA 33755. 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 goveming 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 following penalties: administrative fine not fo 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. promuigated thereto. Signed April 14, 2008 Joe Perez, Distrief Manager — By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEFARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32395-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: sae ab, | HEREBY 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 Signature Operator's Signature Title Title Gase Number. 2005019381 File Number: 140590 ‘Dretriat Number: 03 License Number, 6206620 2010 Form revised 07.19.07 PANDA RESTAURANT {THE} Oct 16 2009 11:06 1la/15/2689 85:47 8584146749 DEPR OGA PAGE 84/85 Exhibit A License Number: 6206620 License Type: 2070 PERMANENT FOOD SERVICE Case Number, 2009019391 “FC" as cited herein references specific provisions of the Food Code, Recommendations 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, 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 April 7, 2009 the licensee 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 fallowing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,358-05-1 6-501.117FC:: 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 ROACH ACTIWITY AS EVIDENCED BY LIVE ROACHES FOUND. OBSERVED 20-25 LIVE ROACHES IN GLUE TRAPS IN AREA OF STEAM TABLE, APPROXIMATELY 10 IN BROKEN PART OF PREP TABLE, 6 IN GASKET OF REACHIN FREEZER, 1 ON REACHIN COOLER AND 1 UNDER DISHMACHINE. District Number: D3 Cage Number 2005019351 File Number: 140690 Numb Form revised 07.19.07 Licanse Number 6206620 2010 PANDA RESTAURANT (THE)

Docket for Case No: 09-005637