Apr 16 2010 15:26 @4/15/2818 1e:a8 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 SGT PEPPER'S SOUPS & SALADS teense Tyee 2010 Respondent Case No 2009023450 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against SGT PEPPER'S SOUPS & SALADS, ("Respondent"), and says 1 Paetrioner 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 ts, 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 9066 SW 73 COURT, MIAMI, FLORIDA 33156 The mailing address of record is SGT PEPPER'S SOUPS & SALADS, at 9005 SW 73 RD PL, MIAMI, FLORIDA 33156 4 Inspection of this establishment conducted pursuant to Sec 509 032, Flarida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The vielation(s) found and appleable 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 nat to exceed $1,000 per offense, mandatory attendance at Respondent's axpense 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 authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed May 04, 2009 SS. I>. Getter, Shannte 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 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 3904 9845 7760 6265 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Recetved by Inspector's Signature Operator's Signature Title Title Case Number 2008023450 File Number 207515 Duatret Number Ot License Number 2337640 2010 Form raviged O7 07 07 SGT PEPPER'S SOUPS & SALADS Apr 16 2010 15:26 @4/15/2616 16:68 8584146749 DEPR OGA PAGE 84/85 Exhibit A Licanse Number 2331640 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009023450 "FC" as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Flonda 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 Pravisions”, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code “" denotes a critical violation His alleged that on January 6, 2009, and March 30, 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 Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 4 53B-08-1 §09049FS 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 PROVIOE 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 EFFEGTIVE 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 LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANGE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LIGENSEE 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. Case Number 2009023450 File Number 207515 Distnct Number 04 License Number 2331640 2010 Form revined 07 07 OF SGT PEPPER'S SOUPS & SALADS '

Docket for Case No: 10-002085