Jan 29 2010 11:09 _ — PAGE ; a1 / 28/2018 _ a6: 81) 8584146749 DEPR OGA State of Florida Department of Business and Professional Regulation Dlvislon of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. FLAVAS ICE CREAM PARLOR Hee yee 204 set2a71 Respondent Case Number 2009085746 — . Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against FLAVAS ICE CREAM PARLOR, ("Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public fond service establishments, pursuant fo Section'20.185 and Chapter 509, Florida Statutes. 2, Respondentis, 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 2620 N HIAWASSEE RD, ORLANDO, FLORIDA 398718. The malling address of record is FLAVAS ICE CREAM PARLOR, at 406 CORALWOOD CIRCLE, KISSIMMEE, FLORIDA 24743. 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 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 excead 31,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed October 23, 2009 wh Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants ; Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Orexler, Laad Attomey Florida Bar No. 0487058 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ) HEREBY CERTIFY that a true and correct copy ofthe foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2009. Received by: Inspector's Signature Operator's Signature ee _ Title Title District Number: 04 Case Number: 2008055746 File Number 225615 Form revised 07.15.09 Liepnge Number, 5812271 2010 FLAVAS IGE CREAM PARLOR 63/86 @l/2e/2818 85:51 8584146749 Jan 29 2010 11:09 — - DEPR OGA PAGE Exhibit A License Number: 5812271 License Type: 2010 PERMANENT FOOD SERVICE Case Number, 2009055746 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 61¢, Florida Administrative Code, NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Coda, and 61C-1.004(5), Florida: Administrative Code. * denotes a critical vielation. Itis alleged that on August 7, 2009, October 8, 2009 the licensee was in violation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Flerida 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, 84-134 509.213(1) FS: (1) EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHICH ILLUSTRATES AND DESCRIBES THE HEIMLICH MANEUVER PROCEDURE FOR RENDERING EMERGENCY FIRST AID TO A CHOKING VICTIM IN A CONSPICUOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES’. THERE WAS NO HEIMLIGH MANEUVER POSTER POSTED IN THE ESTABLISMENT. * 2,534-01-2 509,039 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 30 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 A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS GHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE, ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... THERE WAS NO PROOF OF FOOD MANAGER CERTIFICATION PROVIDED. * denotes critical violation District: 04 Case Number: 2009065746 License Type: 2010 License Number: 5812271 File Number: 225515 FLAVAS ICE GREAM PARLOR a4/a6 Jan 29 : a5: 51 s584146749 DEPR OGA ano ete @l/ 28/2818 PAGE 85/86 Exhibit A * 5,588-08-1 S09.049FS: 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 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 ‘THERE WAS NO PROOF OF THE REQUIRED EMPLOYEE FOOD HANDLER TRAINING PROVIDED. * denotes critical violation . District 04 Case Number: 2009055746 License Type: 2010 Licengé Number: 5812271 ‘ File Number: 225515 FLAVAS IGE CREAM PARLOR

Docket for Case No: 10-000452