Jan 5 2010 14:34 @1/@4/2616 89:17 8584146749 DEPR OGA PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Ve. BLU GROTTO TRATTORIA AND PIZZA teense Teed Respondent Case Number 2009048014 f Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BLU GROTTO TRATTORIA AND PIZZA, ("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 ofthe Division of Hotels and Restaurants. The respondent's business address of record is 1811 TOWNCENTER BLVD, ORANGE PARK, FLORIDA 32003,The mailing address of record is BLL GROTTO TRATTORIA AND PIZZA, at 1811 TOWN CENTER 8LVD, ORANGE PARK, FLORIDA 32003. 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. Inspection documents are attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or mare 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 August 25, 2009 Steven Von Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74160 3901 9845 7126 3105 | 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: Inspactor's Signature Operator's Signature Title Title District Nurmbar: 05 Case Number. 2009045014 File Number. 210749 form ravised 07.15.09 Ligense Number: 2001168 2010 BLU GROTTO TRATTORIA AND PIZZA 43/68 Jan 3 2010 14:35 @l/a4/2818 @g:17 8584146749 DEPR OGA PAGE @4/ae Exhibit A License Number: 2001163 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009045014 FC as cited herein references specific provisions of the Foad Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter G1C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on February 6, 2009, May 7, 2009, July 8, 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 herete and incorporated by reference as Exhibit B. * 4.03A-07-1 3-501.18(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501) 18, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ASOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 ,11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 139 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHE!T OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD GOLD HELD AT GREATER THAN 41°F. HALF AND HALF AT DRINK STATION 46°F, GARLIC OIL MIXTURE ON COUNTER 70°F. INSPECTIONS DATED 2-6- 09 AND 5-7-09. 2.14-27-1 5205.13 FC:: SCHEDULING INSPECTION AND SERVICE FOR A WATER SYSTEM DEVICE. A DEVICE SUCH AS A WATER TREATMENT DEVICE OR BACKFLOW PREVENTER SHAUL BE SCHEDULED FOR INSPECTION AND SERVICE, IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND AS NECESSARY TO PREVENT DEVICE FAILURE BASED ON LOCAL WATER CONDITIONS, AND RECORDS DEMONSTRATING INSPECTION AND SERVICE SHALL BE MAINTA\ NED BY THE PERSON IN CHARGE. OBSERVED WATER TREATMENT DEVICE HAS NOT BEEN INSPECTED OR SERVICED ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS, DATED 2/2008. INSPECTIONS DATED 5-7-09 AND 7-8-09. * 3.34-09-1 5-205.14(A) FC:: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT 1S ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. OBSERVED HAND WASH SINK NOT ACCESSIBLE FOR EMPLOYEE USAGE AT ALL TIMES, VARIOUS ITEMS STORED IN SINK. + 4.53A-09-1 610-4.023(1) FAC: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH 4 OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION, INSPECTIONS DATED 5/7/09 AND 7/8/09. * denotes critical violation District 05 Gase Number: 2009045014 Licanse Type: 2010 License Number: 2001168 File Number: 210749 | BLU GROTTO TRATTORIA AND Pizza

Docket for Case No: 10-000032