Apr 30 2010 16:34 04/29/2818 11:11 8584146749 DBPR OGA PAGE 24/35 State of Florida Department of Business and Professional Regulation Division of Hatels and Restaurants 10-2394 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs MIDWAY FISH & CHICKEN Lene Respondent Case Number 2010002113 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, D}VISION OF HOTELS AND RESTAURANTS, (“Petitioner”). filles this Administrative Complaint against MIDWAY FISH & CHICKEN, (‘Respondent’), and says 1 Petitioner 1s the state agency charged with regulating the operation of public lodging establishments and public food service estabhshments, pursuant to Section 20 165 and Chapter 509, Florida Statutes 2 Respondents, and has been at all times matenal hereto, licensed by or subject to the yursdiction of the Division of Hotels and Restaurants The respondent's business address $f record is 1405 W BROWARD BLVD, FORT LAUDERDALE, FLORIDA 33312 The mailing address of record is MIDWAY FISH & CHICKEN, at 1405 W BROWARD BLVD, FORT LAUDERDALE, FLORIDA 33312 3 Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules prambigated thereto governing operation of the establishment The violation(s) found and applicable tawjare described in Exhibit “A,” attached hereto and incorporated herem by reference Inspection documents are attached as Exhibit "B”, incorporated herein by reference WHEREFORE, Petttoner respecttully requests entry of an Order imposing onP or more of the following penalties administrative fine not to exceed $1,000 per offense, suspension, fevocaton, or refusal of a license issued pursuant to this Chapter. and/or any ather relief authorized by Chapter|509, Florida Statutes, or the tules promulgated thereto in Signed January 14, 2010 W Ken Buck, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE OEPARTMENT Marc Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1940 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 of the foregoing ADMINISTRATIVE COMPLAINT has been 2 hand served by me on this, day of , 2910 Inspector's Signature — Title Oratrict Number 02 Case Number 2010002113 File Number 22850! Form ravisad 10 15 08 Licanse Number 1621940 2010 MIOWAY FISH & CHICKEN Apr 30 2010 16:34 04/29/2018 11:11 8584146749 DBPR OGA PAGE 25/35 Exhibit A License Number 1621940 | License Type 2010 PERMANENT FOOD SERVICE Case Number 2010002113 “FC” as clted herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chaptef 61C, Florida Administrative Code "NFPA" as cited herein references specific provisions of the National Fite Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, Geheral Provisions”, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code Itts alleged that an November 5, 2009, January 6, 2010 the licensee was in violation of Florida Statute §09(FS) and/or the Rules of the Divisian of Hotels and Restaurants, Flonda Administrative Code (FAC), in the following particulars Copy(s) of the report(s) for the above referenced inspechion(s) are attached hereto and incorporated by reference as Exhibit B ' “ denotes a cniical violation 4 14-31-1 4-20111FC EQUIPMENT AND UTENSILS SHALL BE DESIGNED AND CONSTRUCTED TO BE DURABLE AND TO RETAIN THEIR CHARACTERISTIC QUALITIES UNDER NORMAL USE CONDITIONS L OBSERVED EQUIPMENT OR UTENSILS NOT DESIGNED OR CONSTRUCTED IN A DURABLE _ MANNER...NEED A SPLASH GUARD NEXT TO FRYERS ADJACENT TO GAS STOVE. * 2.47-07-1 4-30214FC SANITIZING SOLUTIONS, reste DEVICES. A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED OBSERVED NO CHEMICAL KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE- COMPARTMENT SINK/ WARE WASHING MACHINE. | 3 24-12-14 3-304 14(B)(2)FC — (B) CLOTHS USED FOR WIPING FOQD SPILLS SHALL BE (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802 11(D), STORAD IN A CHEMICAL SANITIZER AT AGONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD.CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMEN OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES, 4 42-03-1 6-50116FC. DRYING MOPS AFTER USE, thors SHAUL BE PLACED IN A POSITION THAT ALLOWS THEM TO AIR-DRY WITHOUT SOILING WALLS, EQUIPMENT, OR SUPPLIES OBSERVED WET MOP NOT HUNG TO ORY. ‘ 5 §1-11-1 61C-1004(9)(D) FAC (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAF OBSERVED CARBON OIOXIDE/ HELIUM TANKS NOT ADEQUATELY SECURED. * 6 53A-09-1 61C-4023(1)FAC (1) WHEN FOUR OR wee EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN ALICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE HE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEW R EMPLOYEES’ ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER O! DUTY WITH 4 OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. Case Number 2010002113 File Number 228501 Dratrict Number 02 License Number 1621940 2010 | Form revised 10 15.08 MIDWAY FISH & CHICKEN : Apr 30 20 : 84/29/2018 11:11 8504146749 DBPR OGA ° 10 ters * 7 53B-08-1 509049FS. FOOD SERVICE EMPLOYEE TRAINING. JHE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR TH 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 | EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR (TS REVIEW AND APPROVAL [T SHALL BE THE DUTY OF THE LICENSEE IF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE PESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTIO 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. Case Number 2010002113 File Number 228501 District Number 02 Ucanse Number 1621940 2010 Form revised 10 15 09 MIDWAY FISH & CHICKEN PAGE 26/35

Docket for Case No: 10-002392