Dec 4 2009 14:11 12/8g/2889 88:52 8584146749 DEPR OGA PAGE 11/17 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VS. License No, 5802808 BAKELYS RESTAURANT License Type 2010 Respondent Case No, 2009005385 oe ADMINISTRATIVE COMPLAINT. The DEPARTMENT OF BUSINESS AND FROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint 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, 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 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 violations of the provisions of Chapter 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. Inspaction 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: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational pragram 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 thereto. Signed April 10, 2009 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. Tunnisliff, 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has baen hand served by me on this. day of , 2009. Received by: Inspector's Signature Operator's Signature Title Title Case Number, 2009008385 — File Number: 213945 Olstriet Number: 04 License Number: 5802808 2010 Form revised 07.19.07 BAKELYS RESTAURANT Dec 4 2009 14:11 12/8g/2889 88:52 8584146749 DEPR OGA PAGE 12/17 Exhibit A License Number: 5802808 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009005385 FC as cited hereln references specific provisions of the Food Code, Recommendations of the United States Publi¢ Health Service, Food and Drug Administration, incorparated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safely Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61G-1,004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on January 28, 2009 the licensee was in violalion of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars, Copy(s) of the report(s) for the above referanced ingpection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.35051 6-501.141 FC: 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 RODENT DROPPINGS WERE OBSERVED THROUGHOUT THE ESTABLISHMENT INCLUDING ON THE FLOOR UNDER THE DISH MACHINE, ON THE FLOOR BY THE SERVER'S DRINK MACHINE, UNDER THE OVEN ON THE PREP TABLE BY THE COOKLINE, ON TOP OF THE COOKLINE MICROWAVE, AND INSIDE A CABINET AT THE FRONT LINE AREA BELOW ELECTRICAL EQUIPMENT. ADDITIONALLY, LIVE AND DEAD ROACHES WERE OBSERVED ON THE PREP TABLE UNDER THE MIXER, UNDER. THE MIGROWAVE ON THE COOKLINE, ON THE GOOKLINE STEAM TABLE, UNDER THE THREE BAY SINK, ON THE FLOOR BY THE ICE MACHINE AND INSIDE A GLASS AT THE SERVER AREA. * denotes critical violation District: 04 Case Number: 2009005385 License Type: 2019 License Number: 5802808 File Number: 243946 BAKELYS RESTAURANT

Docket for Case No: 09-006629