Jan 26 2010 3:44 @1/25/ 2818 83:26 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 Petitioner, VS CELEBRITIES RESTAURANT Lene D010 Respondent Case No 2009024525 ADMINISTRATIVE COMPLAINT ‘The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against CELEBRITIES RESTAURANT, ("Respondent"), and says . 1 Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establshments, pursuant to Section 20 185 and Chapter 509, Flonda Statutes 2. Respondentis, and has been at all tmes material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 430 DUVAL ST, KEY WEST, FLORIDA 330406551 The mailing address of record is CELEBRITIES RESTAURANT, 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 viclation(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, 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 May 08, 2009 Shannie Kallas, 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 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 6340 THEREBY 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 2009024525 File Number 129904 Oistret Number 04 License Number &401984 2040 Form ravisad 07 07 07 CELEBRITIES RESTAURANT Jan 26 2010 3:45 @1/25/ 2818 83:26 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 5401964 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009024525 "FC" as cited herain references specific provisions of the Faod Cade, Recommendations of the United States Public Health Service, Food and Drug Adminstration, incorparated by Chapter 64C, 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, "Fira Prevention, General Provisions’, Florida Admmstratve Code, and 61G-1 004(5), Florida Adminstrative Code “" denotes a cntical violation Itts alleged that on November 13, 2008, and March 31, 2009, the licensee was in vidlation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admmistrative 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 8 * 4 32-17-1 6-30111FG HANDWASHING CLEANSER, AVAILABILITY EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. REPEAT VIOLATION. * 9 §368-08-1 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 CHAPTER THESE STANDARDS SHALL NOT INGLUDE 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 ITS REVIEW AND APPROVAL IT SHALL BE THE DUTY OF THE LIGENSEE 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 1, 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. Case Number 2009024525 File Number 129904 District Number 01 Licanse Number 5401964 2010 Form revised 07 07 07 CELEBRITIES RESTAURANT

Docket for Case No: 10-000378