Jan 3 2010 14:20 @l/ad/281e 8g:ag 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v8, MORGAN SAMUAL COPE License Number 9900000 BOSTON BUTT RUT License Type 2051 Respondent. Case Number 2009049765 | i Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against BOSTON BUTT HUT, (‘Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments land public foad service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is an establishment subject to the jurisdiction of the Division of Hotels and Restaurants| The respondent's business address of record is 542552 US HWY 1, CALLAHAN, FLORIDA 32011.The mailing address of record is BOSTON BUTT HUT at 35023 QUAIL ROAD, CALLAHAN, FLORIDA 32011. 3. Based on observation of Respondent's establishment activities and 2 thorough search of the Division's licensure records, Respondent was determined to be operating without statutorily required licensure! in violation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit “A" of this Complaint. Respondent was therefore issued an Administrative Determination of Non-licensure on September 48, 2009, attached hereto as Exhibit "B", documenting the activities requiring licensure and directing Respondent to apply for or renew the required license. Respondent thereafter faited to obtain licensyre and was issued an Order of Closure on September 18, 2009, pursuantito Section 509,261(3), Florida Statutes, and attached hereto as Exhibit “C’. WHEREFORE, Petitioner respectfully requests entry of an Order imposing|one or more of the following penaities: 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 tules promulgated thereto. Signed September 27, 2009 Steven von Bodunden District Manager By delegation of the Director, or designee Divislan of Hotels & Restaurants Department of Business & Professional Regulation Oistriet Number: 05 Case Number 2009049765 File Number: 1019 Form revised 07.15.09 License Number: 9900000 2051 BOSTON BUTT HUT @l/ad/281e 8g:ag 8584146749 COUNSEL FOR THE DEPARTMENT, Marc Drexler, Lead Attorney Florida Bar No. 0487058 Cepartment of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service DEPR OGA Jan 3 2010 14:20 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 7126 3587 [HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of Inspector's Signature Title Case Number 2009049765 File Nurnber: 1019 License Number, #900000 2051 BOSTON BUTT HUT Received by: 2009. Operator's Signature Title District Number: 06 Form revised 07,.15,08 PAGE @4/@6 @l/ad/281e 8g:ag Jan 8584146749 DEPR OGA Exhibit A License Number, NO LIC License Type; 2051 NON-LICENSED FOOD SERVICE Case Number: 2009049765 1. 509.241(1) FS not be transferred from one place or individual to a renewed annually, . . 509,241(2) FS license from the division prior to the commenceme OBSERVED NO PROTECTION FROM ENVIRONMENTAL CONTAM SERVING FOOD, OBSERVED NO 3-COMPARTMENT SINK OR OTHER MEANS OF WAREWASHING. OBSERVED NO HOT OR COLD WATER UNDER PRESSURE AVAIL OBSERVED NO HANDWASH SINK AVAILABLE FOR HAND WASHING. OBSERVED OPERATING WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denotes critical violation Case Number: 2009049765 License Number: NO LIC BOSTON BUTT HUT Based on the foregoing, it is alleged that on September 18, 2009 Respondent violated the following provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto: APPLICATION FOR LICENSE, - Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive 3 2010 14:20 PAGE 85/86 LICENSES; ANNUAL RENEWALS. ~ Each public Jodging establishment and public : food service establishment shall obtain a license from the division. Such license may nother... Licenses shall be ja nt of operation. NATION WHILE COOKING AND LABLE. District: 05 License Type: 2051 Fite Number: 1019

Docket for Case No: 10-000034