Jan 15 2010 14:28 @l/14/2818 89:18 8584146749 DEPR OGA PAGE 83/86 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 1305187 INTERNATIONAL HOUSE OF PANCAKES License Type 2010 Respondsnt. Gase No, 2009014069 ADMINISTRATIVE. COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS ANO RESTAURANTS, (“Petitioner”), flles this Administrative Complaint against INTERNATIONAL HOUSE OF PANCAKES, (“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 1101 E 23RD STREET, PANAMA CITY, FLORIDA 82405.The mailing address of record is INTERNATIONAL HOUSE OF PANCAKES, at 1101 E 23RD STREET, PANAMA CITY, FLORIDA 32405. 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 prom ulgated 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 Program, 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 March 18, 2009 . i414 Ken Hensdill, District Manager By delegation of the Difectar, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0753831 Department of Business & Professional Regulation 17940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 71603907 9849 7715 9439 _ 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: Inspector's Signature Operator's Signature Title Title Gase Number, 2009014069 File Number: 193114 District Number: 08 License Number: 1905187 2010 Form revised 07.07.07 INTERNATIONAL HOUSE OF FANGAKES Jan 15 2010 1/14/2016 69:18 8584146749 DEPR OGA PAGE 84/86 Exhibit A License Number: 1305187 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009014069 "FC" as cited herein references specific provisions of the Faod Code, Recommendations of the United States Public Health Service, Food and Grug 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 61C-1.004(5), Florida Administrative Code. ™" denotes a critical violation. It is alleged that on May 6, 2008, September 15, 2008, November 13, 2008, February 6, 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. Copyfs) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. * 4,03B-04-4 3-501.16 (A)(1) FG:: (A) EXGEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3- 601.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, 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 130 DEGREES FAHRENHEIT OR ABOVE; OBSERVED COOKED MEATS OR POULTRY NOT HELD AT 135 DEGREES FAHRENHEIT OR ABOVE - SAUSAGE FROM LINE GOOK AT 119 DEGREES FAHRENHEIT. REPEAT VIOLATION, * 2, 0BA-29-1 3-302.17(A}(4)FC:: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNGOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA - BREAD IN REACH-IN COOLER, REPEAT VIOLATION. * 3.1202 2-80112FC GLEANING PROCEDURE. FOOD EMPLOYEES SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS WITH A CLEANING COMPOUND IN A LAVATORY THAT IS EQUIPPED AS SPECIFIED UNDER PARAGRAPH 5-202.12 BY VIGOROUSLY RUBBING TOGETHER THE SURFACES OF THEIR LATHERED HANDS AND'ARMS FOR AT LEAST 20 SECONDS AND THOROUGHLY RINSING WITH GLEAN WATER. EMPLOYEES SHALL PAY PARTICULAR ATTENTION TO THE AREAS UNDERNEATH THE FINGERNAILS AND BETWEEN THE FINGERS. OBSERVED HANDWASH SINK USED FOR PURPOSE OTHER THAN WASHING HANDS - GRILL AREA - SCRUBBIE IN SINK. REPEAT VIOLATION, * 4.92-45-1 6-301.14 FC AND 61C-1.004(2)(C) FAC:: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’, OBSERVED NO HANDWASH SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES - GRILL AREA - REPEAT VIQLATION. Case Number: 2008014069 — File Numbar: 1931414 District Number: 06 License Number; 1305187 2010 Farm revised 07.07.07 INTERNATIONAL HOUSE OF PANCAKES Jan 15 2010 14:28 @l/14/2818 89:18 8584146749 DEPR OGA PAGE 85/86 CERTIFICATE OF SERVICE HAYDEN INVESTMENTS ING - INTERNATIONAL HOUSE OF PANCAKES 1101 E 23R0 STREET PANAMA CITY, FLORIDA 32405 Lic, No. 1205187 2010 Case No, 2009014069 wary addhvas eiterant from liam: ul “YES, enter dallvary scree flow: = at HAYDEN INVESTMENTS INC INTERNATIONAL HOUSE OF PANCAKE 1101 & 23RD STREET PANAMA CITY, FLORIDA 32405 Lig, No, 1305187 2010 Gage No. 2ooagnaes j PS Form 3811, January 2005 Bomaastle Retum Redalpt Distret Number: 06 Case Number: 2009074089 File Number, 189114 Form revised 07.07.07 License Number: 1306167 2010 - INTERNATIONAL HOUSE OF PANGAKES

Docket for Case No: 10-000259