Jan 26 2010 3:48 @1/25/2818 83:38 8584146749 DEPR OGA PAGE 83/85 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitoner, V5 License No 5401657 POOL BAR & oa dent License Type 2010 espon | Case No 2009024517 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against FOOL BAR & GRILL, (‘Respondent’), and says 1 Petitioner is the state agency charged with regulating the operation of public ladging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Flonde Statutes 2 Respondent ts, and has been at all tres material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record 1s 430 DUVAL ST, KEY WEST, FLORIDA 330406581 The mailing address of record is POOL BAR & GRILL, at 14185 DALLAS PKWY #1150, ATTN LEGAL . DALLAS, TEXAS 75254 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 here 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, 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 ather rele authorized by Chapter 809, Florida Statutes, or the rules promulgated thereto Signed May 08, 2009 So Shanme Kallas, District Manager By delegation of the Director, or designae Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunntcliff, Lead Attorney Flonda Bar No 0153831 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 9845 7760 6226 7160 3901 9845 7760 boc6 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2008 Received by Inspector's Signature Operator's Signature Title Title Case Number 2009024517 Fila Number 129820 District Number 01 License Number 5401657 2010 Form revised 07 07 07 POOL BAR & GRILL Jan 26 2010 3:48 @1/25/2818 83:38 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 5401657 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009024517 "EC" as cited herem references specific provisions af the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Flarida 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), Flonda Administrative Code “ denotes a critical violation Its alleged that an November 13, 2008, and March 31, 2009, the licensee was in violation of Flonda 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 * 4 536-08-1 509049FS FOOD SERVICE EMPLOYEE TRAINING THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS GHAPTER THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR Ts REVIEW AND APPROVAL IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVIGE MANAGER TO PERFORM THiS FUNCTION AS AN AGENT OF THE LICENSEE FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 41, 2001 FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION, Gase Number 2009024517 File Number 129820 Drstnel Number 04 License Number 5401657 2010 Form revised 07 07 D7 POOL BAR & GRILL

Docket for Case No: 10-000377