Apr 16 2010 15:33 4/15/2616 16:15 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, va. DUBLINER IRISH PUB (THE) rigense Tyero Respondent, Case Number 2009027730 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against DUBLINER IRISH PUB (THE), ("Respondent’), and says: 1. Petitloner 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 is, anc 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 racord is 2307 W AZEELE ST, TAMPA, FLORIDA 33609.The mailing address of record is DUBLINER IRISH PUB (THE), at 2307 W AZEELE ST, TAMPA, FLORIDA 33609. 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 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, of 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 26, 200! Joe Perez, District\Manager By delegation of the Directer, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: , Charles F. Tunnicllff, Lead Attarney 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: He ENDERSREC | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTR hand served by me on this day of O08. ‘ie le-Numbe 7160 3901 9645 4an7 5099 reed eg ee Received by: Inspector's Signature Operator's Signature Title Title Gase Number 2008027730 File Number: 123492 Diatriat Number: 03 * Ligangse Number: 3912670 2010 Form revised 05,20,08 DUBLINER IRISH PUB (THE) Apr 16 2010 15:33 @4/15/2818 16:15 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number. 3912670 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009027730 “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 616, 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 610-1.004(5), Florida Administrative Code, “*” denotes a critical violation. tis allaged that on March 12, 2009, May 19, 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. * 4.02-22-1 3-501.17(A)FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (0) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN & FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW; (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. READY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. ; * 2.534-01-2 609.039 FS AND 61C-4.023(1)FAC 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 CHAPTER, 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... MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION, Case Number 2009027730 — Fila Number: 123492 District Number: 03 License Number: 3912670 2010 Form revised 06.20.09 OUBLINER IRISH PUB (THE)

Docket for Case No: 10-002086