Aug 31 2010 10:49 @a/3e/2818 85:28 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 CUBAN COFFEE QUEEN ricense eae Respondent Case Number 2010037548 Administrative Complai The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CUBAN COFFEE QUEEN, ("Respondent"), and says 1 Petitoner ts 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 times material hereta, hcensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record ts 284 MARGARET ST, KEY WEST, FLORIDA 33040 The mailing address of record 1s CUBAN COFFEE QUEEN, at 284 MARGARET 8T, KEY WEST, FLORIDA 33040 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 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, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties administrative fine not to exceed $71,000 per offense, suspension, revocation, ar refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the cules promulgated thereto Signed July 29, 2010 =e. |G tas. Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Flonda Bar No 0487058 Department of Business & Professianal Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9848 6921 7698 | HERESY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE GOMPLAINT has been hand served by me on this day of , 2010 Received by Inspector's Signature Operator's Signature Title Title Gase Number 2010037546 9 File Number 233380 Distret Number 01 License Number 5428096 2010 Farm revised 10 16 09 CUBAN COFFEE QUEEN Aug 31 2010 10:50 @a/3e/2818 85:28 8584146749 DEPR OGA PAGE @4/@5 Exhitit 4 License Number 5428096 License Type. 2010 PERMANENT FOOD SERVICE Case Number 2010037546 "FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Faod and Drug Administration, incorporated by Chapter 616, Florida Administrative Code "NFPA" as cited here references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Ghapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code “" denotes a critical violation itis alleged that on April 2B, 2010, and July 6, 2040, the licensee was in violation of Flonda 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 * 1 O3A-07-1 3-501 16(A)FC (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. REPEAT VIOLATION, Oistriet Number 01 10037546 File Number 233980 jpeoeertiaiiiear . Form revised 10 75 09 Liganse Number 6428096 2019 CUBAN COFFEE QUEEN

Docket for Case No: 10-008547