Dec 4 2009 14:10 12/8g/2889 88:52 8584146749 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. icense No. 5802808 BAKELYS RESTAURANT licence Type Seto Respondent. Case No. 2009021411 oe ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, OIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Gomplaint against BAKELYS RESTAURANT, (‘Respondent’), and says: 1. 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 245 W FAIRBANKS AVE, WINTER PARK, FLORIDA 32789, The mailing address of record is BAKELYS RESTAURANT, at 2433 HICKORY OAK BLVD, ORLANDO, FLORIDA 32817. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed viciations of the provisions of Chapter 509, Florida Statutes, and / or the rulas 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 Respondent's expense at an educational program sponsored by the Department's Hospitality Education Pragrarn, suspension, revocation, of 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 29, 2009 f Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Flarida Bar No, 0153931 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the faregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2009. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2009021411 File Number: 213946 District Number: 04 License Number. 5802808 2010 Form revised 07.19.07 BAKELYS RESTAURANT PAGE arly Dec 4 2009 14:10 12/8g/2889 88:52 8584146749 DEPR OGA PAGE ae 17 Exhibit A License Number: 5802808 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009021414 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 spacific provisions of the National Fire Protection Association Life Safety Code, incorporated 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. Itig alleged that on April 10, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules af the Division of Hotels and Restaurants, Florida Administrative Gode (FAC), in the following particulars. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by teference as Exhibit B. * 4.36A604-1 6-501.114 FG: 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 EVIDENCE OF A VERMIN INFESTATION INSIDE THE FACILITY, NUMEROUS ROACH AND RODENT DROPPINGS WERE OBSERVED THROUGHOUT THE ESTABLISHMENT. OBSERVED ONE LIVE ROACH UNDER THE SHELF IN THE DRY STORAGE AREA, THREE UNDER THE MIXER AND SIX INSIDE THE REACH IN GOOLER. ADDITIONALLY, ONE DEAD ROACH WAS OBSERVED UNDER THE THREE COMPARTMENT SINK NEAR THE DRY STORAGE AREA, ONE UNDER THE PREP TABLE, THREE ON THE MICROWAVE SHELF AND TWO BY THE STEAM TABLE, ALSO, FIVE FRESH RODENT DROPPINGS WERE OBSERVED IN THE DISH MACHINE AREA. * denotes critical violation District: 04 Case Number: 2009021411 License Type: 2010 License Number: 5802808 File Number: 213946 BAKELYS RESTAURANT Dec 4 2009 14:10 12/8g/2889 88:52 8584146749 DEPR OGA PAGE @a/ ‘ 17 STATE OF FLORIDA _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS Hots BAY Po a: 52 DEPARTMENT OF BUSINESS AND OS MAY 15 PH G52 PROFESSIONAL REGULATION Patitloner, V5, . License No. 5802808 BAKELYS RESTAURANT Ligenee Type 2010 Respondent Case Ne. 2009021411 ot ADMINISTRATIVE COMPLAINT ESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND The DEPARTMENT OF BUSIN gainst BAKELYS RESTAURANT, RESTAURANTS,('Petitioner’), files this Administrative Camplalnt a . 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 Sention 20.185 and Chapter 809, Florida Statutes. 2, Respondent is, 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 345 W FAIRBANKS AVE, WINTER PARK, FLORIDA 32789. The malling address of record is BAKELYS RESTAURANT, at 2433 HICKORY OAK BLVD, ORLANDO, FLORIDA 32817. 3. Inspeation of this establishment conducted pursuant ta Seo, 509.032, Florida Statutes, revealed viciations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of thé establishment. The viglation(s) found .and applicable law are described in Exhiblt “A,” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Patitioner respectfully requests entry ofan Order imposing one or more of the following penalties: administrative fine not to exeeed $1,000 per offense; mandatory attendance at Respondent’s expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revacation, or refusal of license Issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed April 29, 2009 f : Veta Coe Valerie Freeman, District Manager veces ... By-delagation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Laad Attorney Florida Bar No, 0153831 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a trys and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been on this! day of hay , 2009, hape served a 5. ‘ Recaived by: InapegtoreSi Oneratar’s Signature Root SRE tl Sal— g - 7 ™ Runlos ride NSOLOU., tephra Cefusvh 7 SIGN: Liter ADMD Spars ComPunwT UATH Penns Distrlet Number: 04 Gase Number 2009021411 File Number: 213946 ° av ” Lleense Number; 5402808 2010 ‘opm revised 07.7 ACY ERO RYO Paha Penne Tak . 4 BAKELYS RESTAURANT

Docket for Case No: 09-006628