@l/1l4/281ea @g:ae 8584146749 DEPR OGA PAGE 83/86 w Jan 15 2010 14:25 STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 2702996 DOCK (THE) espond License Type 2010 esponcent. Case No. 2008048180 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitianer’), files this Administrative Complaint against DOCK (THE), ("Respandent’), 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 20.156 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 addrass of record is 4 CASINO BCH BOARDWALK, PENSACOLA BGH, FLORIDA 32561.The mailing address of record is DOCK (THE), at4 CASING BCH BOARDWALK, PENSACOLA BCH, FLORIDA 22561. ; 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 daseribed in Exhibit "A," atlached hereto and incorporated herein by reference. Inspectian 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 $4,000 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 August 29, 2008 Ken‘Hensdill, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT. Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0183834 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE : BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901.98: 15 6872 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE GOMPLAINT. has been hand served by me on this, day of , 2008, Received by:__ Inspector's Signature Operator's Signature Tie Title District Number: 06 . Case Number, 2008048180 Fite Number: 118904 Form revised 07.07.07 License Number: 2702996 2010 DOGK (THE) - . Jan 15 2010 @l/1l4/281ea @g:ae 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 2702996 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008048180 “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 61C-1.004(5), Florida Administrative Cade. “” denotes a critical violation. It is alleged that on June 6, 2008, August 11, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the repori(s) for the above referenced [nspection(s) are attached hereto and Incorporated by reference as Exhibit B. * 4.460941 4-304.12 (A) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, A SINK WITH AT LEAST 3 COMPARTMENTS SHALL BE PROVIDED FOR MANUALLY WASHING, RINSING, AND SANITIZING EQUIPMENT AND UTENSILS. OBSERVED THREE-COMPARTMENT SINK WITH PLUMBING DISCONNECTED; USED FOR STORAGE, * 9.22-28-1 4-601.11(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH, . . . ORSERVED INTERIOR OF REAGH-IN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE. * 3.534-01-1 509.039 FS AND 61C-4.023(1) FAG:; ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED AGERTIFICATION TEST APPROVED BY THE Div|SION: DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH {8 VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF {SSUANCE. OBSREVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. Distriat Number: 06 Form revised 07.07.07 Case Number: 2008048180 File Number: 118904 Uceanse Number: 2702906 2010 DOCK (THE) Jan 15 2010 14:26 @l/1l4/281ea @g:ae 8584146749 : DEPR OGA PAGE 85/86 CERTIFICATE OF SERVICE DOCK (THE) 4 GASINO BCH BOARDWALK: | | PENSACOLA BGH, FLORIDA 32661 Lic, Na. 2702996 2010 Case No, 2008048180 DOCK OF PENSACOLA INC (THE) (pdenenr tenner tne oe 2, ‘Arilole Number il win i fick. : oO : | cn PhO FC iat Whe bar? 2 TB Mikedativery andrea citarertt trom Therm 17 Li) vex 1 +! : ne Ue athe YES, ahtar delivery addoans betow: CN : r a. Service Type CERTIFIED MAIL . |_4. Reetrotad Detvery? (Entra Fee) Les i i 1. Article Addraaned 19; : => DOCK OF PENSACOLA INC (THE) oe q DOCK (THE) we I 4 CASINO BCH BGARDWALK mal . a : j PENSACOLA BCH, FLORIDA 32651. 1) Geers ( w . co Flee. ] Lig: Ne. 2702998 2010 Case Na. 2008048180 Boo F : ~ «=8FAo i i S Form 3911, January 2005 Derreetle Ratu Fisee! 7 © | Es __ Casa Number: z2o0g04e1a0 File Number, 118804 t Cigeiiee Number. 2702988 “2070 Bo oo va “ Oe een oF 07.07 DOCK (THE)

Docket for Case No: 10-000260