B6/ 26/2018 83:52 8584146749 DEPR OGA Jun 21 2010 9:12 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS b 19. POWER SMOOTHIE CAFE cere Tye ie a2 Respondent Case Number 2009054674 © —_— Administrative Complaint : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”). files this Administrative Comptaint against POWER SMOOTHIE CAFE, (‘Respondent’), and says : 1. Petitioner 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 §09, Florida Statutes. 2 Respondent is, 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 10180 FOREST HILL BLVD, WELLINGTON, FLORIDA 33414 The mailing address of record is POWER SMOOTHIE CAFE, at 5480 N OGEAN DR BLD A APT10 B, PALM BEACH SHORES, FLORIDA :33404 3. Inspection of this establishment conducted pursuant to Sec. 509 032, Flonda Statutes, revealad 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 deseribed in Exhibit “A,” attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petrtioner respecttully requests entry of an Order imposing one!or more of the following penaites administrative fine not to exceed 51,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 409, Flarida Statutes, or the rules promulgated thereto Signed October 22, 2009 uck, Dtrict Manager | ke 5 . By delegation of the i elk mts l Division of Hotels & Restaur Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT ' Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 4940 North Monroe Street . Tallahassee, Florida 32399-2202 : 1 1 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 , 20 hand served by me on this day of Raceived by Inspector's Signature Operator's Signature L Title Title Case Number 2008054874 File Number 487880 District Number 02 License Number 6019432 2010 Form revised 07 15 09 POWER SMOOTHIE CAFE a3/@5 Jun 21 2010 9:12 B6/ 26/2018 83:52 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 6019432 License Type’ 2010 PERMANENT FOOD SERVICE Case Number 2009054674 “EC? as cited herein references specific provisions of the Food Code. Recommendations of the United States Public Health Service, Food and Drug Admunstration, incorporated by Chapter, 61C, Florida Administrative Code "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention. General Provisions", Florida Administrative Code, and 61C-1.004(5), Flonda Administrative Code ' “" denotes a critical violation Itts alleged that on August 10, 2009, October 12, 2009 the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Administrative Code (FAC), in the following particulars Copy(s) of the report(s} for the above referenced inspection(s) are! attached hereto and meorporated by reference as Exhibrt B ' 1 1436-1 4-50111 FC: GOOD REPAIR AND PROPER ADJUSTMENT (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2 (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFIGATIONS (C) CUTTING OR PIERCING 'PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED : A, OBSERVED GASKETS! SEALS ON GOLD HOLDING UNIT IN POOR REPAIR...SMOOTHIE REACH-IN. B. OBSERVED ESTABLISHMENT USING SPONGES ON CLEANED AND SANITIZED, OR IN-USE FOOD- CONTACT SURFAGE. | * 2 594.20-2 509.039FS 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, AND 610-4 023(1) FAC EACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. ALL PUBLIG FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST . OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFIGATION AND NO ONE CERTIFIED AT THE LOCATION. : Oiatnet Number 02 Case Number 2009054674 File Number 187860 i Form reveed 07 16 09 Liesnsa Number 6019432 2010 POWER SMOOTHIE CAFE

Docket for Case No: 10-003338