11/12/2889 18:36 8584146749 DEPR OGA Now 13 2009 15:52 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . MOCKINGBIRD CAFE teense type oa Respondent. Case No, 2009018630 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against MOCKINGBIRD CAFE, (‘Respondent’), and says: 4. 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, Respondentis, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 211 NW 1 STREET, HAVANA, FLORIDA 32333.The malling address of record is MOCKINGBIRD CAFE, at 211 NW 4 STREET, HAVANA, FLORIDA 322333. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Ghapter 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 following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Raspondent’s expanse at an educational program sponsored by the Department's Hospitality Education Pragram; 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 promulgated thereto. Signed April 07, 2009 , Ken Hensdill, District Manager By delegation of the Directar, or designee 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 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71603901 9849 7716 0244 7160 3901 9849 7716 0244 —____ | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of : , 2009. , Received by: Inspector's Signature Operator's Signature Title Title Gase Number. 2009018630 Fila Number: 178123 District Number; 06 Kieense Number: 3000286 2010 Form revised 07.07.07 MOCKINGBIRD GAFE a3/@5 11/12/2889 18:36 8584146749 DEPR OGA Now 13 2009 15:52 PAGE Exhibit A License Number: 3000299 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009018630 “EC” as cited herein references specific provisions of the Food Cede, 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 Protectian Association Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Provisions’, Florida Administrative Gode, and 61C-1,004(5), Florida Administrative Code. “* denotes a critical violation. Itis alleged that on November 26, 2008, December 3, 2008, March 12, 2009 the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAG), 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. ‘ * 4,09-041 3-301.11(B) FC: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES" MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED BAREHAND GONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATE OPERATING PROCEDURE IN EFFECT (LETTUCE, CHEESE, TOMATOES AND ONIONS). REPEAT VIOLATION. Case Number 2009018630 File Number: 178123 District Number; 08 License Number: 3000299 2010 Form revised 07.07.07 MOCKINGBIRD CAFE a4/a5

Docket for Case No: 09-006226