Sep 3 2010 14:45 aq/a2/e01le 89:23 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND ° PROFESSIONAL REGULATION , Petitioner, vs License Number 1610948 SHOOTERS ON WATER License Type 2010 Respondent Case Number 2010003390 / Administrative Complaint ; The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint agamnst SHOOTERS ON WATER, ("Respondent"), and says 1 Petttioner 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 Respondents, and has been at all mes material hereto, licensed by or subject to the yunsdiction of the Division of Hotels and Restaurants The respondent's business address of record is 3033 NE 32 AVE, FT LAUDERDALE, FLORIDA 333087220 The mating address of record is SHOOTERS ON WATER, at 3033 NE 32 AVE, FT LAUDERDALE, FLORIDA 33308 3 Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed violations of the provisions of Ghapter 509, Florida Statutes. and / or the rules promulgated thereto governing operation of the establshment The viclation(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference Inspection documerits 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, suspension, revocation, or refusal of a license issued pursuant ta this Chapter, and/or any other relief authonzed by Chapter ¢ 509, Florida Statutes, or the rules promulgated thereto Signed January 22, 2010 Ken Buck, Distnet Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Drexler, Lead Attorney Flonda Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Flonda 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2010 Received by Inspector's Signature Operator's Signature ee Title Title Case Number 2010003380 File Number 102903 District Number 02 Ligense Number 1610948 2010 Form revised 1016 09 SHOOTERS ON WATER Sep 3 2010 14:45 aq/a2/e01le 89:23 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number 1610948 License Type: 2010 PERMANENT FOOD SERVICE Case Number 2010003390 “FC" as cited herein references specific provisions of the Food Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter.61C, Florida Administrative Code. "NFFA" 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 61C-1 004(5), Florida Administrative Code , “ denotes a cntical violation Itis alleged that on November 2, 2009, January 6, 2010 the licensee was in vidlation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Admimistrative Gode (FAC), in the following particulars +Copy(s) of the repart(s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit 6 ' * 4 0BA24-1 3-302 11(A)(2)FO (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION. (2) EXCEPT WHEN COMBINED AS INGREDIENTS, SEPARATING TYPES OF RAW ANIMAL FOODS FROM EACH OTHER SUCH AS BEEF, FISH, LAMB, PORK, AND POULTRY DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY BY. (A) USING SEPARATE EQUIPMENT FOR EACH TYPE, OR (B) ARRANGING EACH TYPE OF FOOD IN EQUIPMENT SO THAT CROSS CONTAMINATION OF ONE TYPE WITH ANOTHER IS PREVENTED, AND (C) PREPARING EACH TYPE OF FOCD AT DIFFERENT TIMES OR IN SEPARATE AREAS, : OBSERVED RAW ANIMAL FOODS NOT PROPERLY SEPARATED FROM EACH OTHER IN HOLDING UNIT/ DURING PREPARATION...RAW CHICKEN OVER BEEF IN REACH-N COOLER BY COOKLINE. * 2 35B-04-1 6-202 15FC- OUTER OPENINGS, PROTECTED (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF AFOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY. (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS. WALLS, AND CEILINGS, (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF{CLOSING, TIGHT-FITTING DOORS. (8) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A ROOD ESTABLISHMENT OPENS INTO ALARGER STRUCTURE, SUGH AS AMALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE’ (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN &N EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE, (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B} AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER BARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) 18 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION OBSERVED OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN GPERATION. Case Number 2010003390 File Number 102903 Oratrict Number 02 Licansa Number 1670948 2010 Form revised 10 45 0g SHOOTERS ON WATER Sep 3 2010 14:45 aq/a2/e01le 89:23 8584146749 DEPR OGA PAGE 85/86 * 3.53A4-01-2 509.039 FS AND 61C-4.023(1) FAC ALL MANAGERS evbtoveo 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 4 BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER THOSE MANAGERS WHO SUCCESSFULLY PASS 4N 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 OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * 4 54B-08-1 509049FS 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 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 AGT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL |T SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE 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 LICENSEE FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 17,2001 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 4 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 2070003390 File Number 102903 Distret Number 02 Licansa Number 1610948 2070 Form ravised 10 15 09 SHOOTERS ON WATER

Docket for Case No: 10-008906