Dec 4 2009 14:12 12/8g/2889 88:52 8584146749 DEPR OGA PAGE 14/17 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Ve, 5802808 BAKELYS RESTAURANT iicense ripe 2040 ° Respondent Case Number 2009046738 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL 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 subjact 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 facord is BAKELYS RESTAURANT, at 2433 HICKORY OAK BLVD, ORLANDO, FLORIDA 32817. 3. inspection of this establishment conducted pursuant fo 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 is described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit "B’, incorporated herain 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, 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 September 3, 2009 v7 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney ; Florida Bar No. 0487058 Department of Business & Professional Regulation 41940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that 4 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009, Raceived by: Inspector's Signature Operator's Signature Title Title Case Number; 2009046738 Pile Number: 213946 District Number; 04 License Number: 5802808 2010 Form revised 07.75.08 BAKELYS RESTAURANT Dec 4 2009 14:12 12/63/2089 88:52 8584146749 E : DEPR OGA PAGE Exhibit A License Number: 5802808 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009046738 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 610-1 .004(5), Florida Administrative Code, * denotes 4 critical violation. . Itis alleged that on August 27, 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 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, 36A-08-1 6-501.111 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 ROACH INFESTATION INSIDE THE FAGILITY. NUMEROUS LIVE ROAGHES WERE OBSERVED THROUGHOUT THE ESTABLISHMENT INCLUDING FIVE INSIDE A PAPER TOWEL DISPENSER AT THE WAREWASH AREA, NINE ON THE WALL BELOW THE WAREWASH AREA INSIDE AND AROUND THE DISH MACHINE'S ELECTRICAL MOTOR AND FOUR ON THE WALL BY THE WAREWASH AREA HANDSINK, ADDITIONALLY, NUMEROUS DEAD ROACHES WERE OBSERVED THROUGHOUT THE KITCHEN INCLUDING TWENTY ON A GLUE BOARD BEHIND A SMALL HOUSEHOLD REFRIGERATOR, TWO ON THE FLOOR UNDER THE PREP SINK, TWO ON THE FLOOR BEHIND THE STEAMER UNIT, TWO ON THE WALK-IN COOLER FLOOR, TWO ON TOP OF THE DISHMACHINE AND TWO IN A STORAGE AREA ADJACENT TO THE GOOKLINE. * denotes critical violation Distriet: 04 Case Number: 2009048738 License Type: 2010 License Number: 5802808 File Number: 213946 BAKELYS RESTAURANT 15/17 12/8g/2889 88:52 Dec DEPR OGA 8584146749 4 2003 14:15 PAGE CERTIFICATE OF SERVICE 2. Article Number PuRo 3901 1848 4274 Ob44 TO: ALEXANDROW BROTHERS INC BAKELYS RESTAURANT i 3433 HICKORY QAK BLVD i ORLANDQ, FLORIDA 32817 Dept. of Business & Prof, Reguiation Division of Hatels & Restaurants REFERENCE: License No. 5802808 i License Type 2010 F Case No. 2009046738 pS Form 3800, January 2005 T RETUFN | Postage, RECEIPT | cartifled Fas IGE SERV (roturn Receipt For Restricted Delivery al : _| Total Postage & Feap L POSTMARK OR DATE . ‘ Ne Inaurance Caverage Provided jaar cook gerard nes PAS LT HR a RNY TT SENDER: : US Postal Service | Receipt for ' Certified Mail ll MIM | 7ye0 3901 THs 4eTH O i D. 3, Sarviee Typa CERTIFIED MAIL wr IPYES, oniar gdallvary addrea aielow: (vary edclteaa aitarant (rect item 17 evan CjNe 345 wd), Frc ofa beg five a. Rastriciag Delivery? (Ext Fee) (Chyes oye / a 2 : 1. Anicie Addressed to: . td ‘ wher Paz KEL A 3 z id Es 4 ALEXANDROU BROTHERS INC - 2433 HIGKORY OAK BLVD mel | BAKELYS RESTAURANT ! i ORLANDO, FLORIDA 32817 . Lic. No, 5802808 2010 Case No abos04a738 i PS Form 3811, January 2005 Case Number, 2009046738 File Number 213946 Litense Mumber: SB02808 2040 BAKELYS RESTAURANT Dementc Return Flecelpt bistret Number. 04 Form revised 07.15.08 16/17

Docket for Case No: 09-006630