9/2/2616 89:26 8584146749 DEPR OGA Sep 3 2010 14:48 PAGE State of Florida Department of Business and Professional Regutation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs. icense Number 1100747 GAINESVILLE HOTEL & CONF CTR Here wype 2010 Respondent Case Nutnber 2010027590 od Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION QF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against GAINESVILLE HOTEL & CONF CTR, (“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 509, Florida Statutes. 2. Respondentis, and has been at all times material herato, licensed by or subject to the jurisdiction of the Division af Hotels and Restaurants. The respondent's business address of record is 7417 W. NEWBERRY RD, GAINESVILLE, FLORIDA 32605.The malling address of record is GAINESVILLE HOTEL & CONF CTR, at 7417 W NEWBERRY RD, GAINESVILLE, FLORIDA 32605, 3, Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of tha provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable Jaw is 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 Impasing 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 fo this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed June 03, 2010 Michelle Hayhes, 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 Florida Bar No, 0487058 Department of Business & Professianal Regulation 4940 North Manroe Street Tallahassee, Florida 32399-2202 Certificate of Service ; BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that 2 true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2010. hand served by me on this, day of — — Received by; Inspactor’s Signature Operator's Signature Title Title District Number: O05 Case Number: 2010027590 File Number: 200813 Form revised 10.15.09 License Number; 11007472040 GAINESVILLE HOTEL & CONF cTR 3/87 Sep 3 2010 14: aq/a2/2018 89:26 8584146749 DEPR OGA ° * PAGE é 4/87 Exhibit A License Number: 1100747 License Type: 2010 PERMANENT FOOD SERVICE - Case Number: 2010027590 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 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 610-1 .004(5), Florida Administrative Cade. * denotes a critical violation. itis alleged that on October 20, 2009, October 21, 2009, December 29, 2009, May 4, 2010 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. . + 4.020741 3501.17(8) FC: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER 1S OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD IS HEED FOR MORE THAN 24 HOURS, 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 IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S ISE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. SOUR CREAM. REPEAT VIOLATION. * 9,034-07-1 3-501.16(A) FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL 4S SPECIFIED UNDER SECTION 3-50.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) 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 ATA TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS. OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. LIQUID EGGS 52°F - 60°F IN COOKLINE REACH-IN. REPEAT VIOLATION. 3A. 14-36-41 4501.11 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’ SPECIFICATIONS. (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. . OBSERVED GASKETS/SEALS ON COLD HOLDING UNIT IN POOR REPAIR. SALAD AREA REACH-IN. REPEAT VIOLATION. 3B. 14-37-1 4-501.12 FOn CUTTING SURFACES. SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN District: 05 License Type: 2010 Fite Number: 200813 * denotes critical violation Case Number: 2010027590 License Number: 1100747 GAINESVILLE HOTEL & CONF CTR Sep 3 2010 14:49 aq/a2/2018 89:26 8584146749 . : DEPR OGA PAGE 85/87 Exhibit A NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED. OBSERVED CUTTING BOARD GROOVED/PITTED AND NO LONGER CLEANABLE. REPEAT VIDLATION. INSPECTIONS DATED 10/20/09, 10/21/09 AND 05/04/10. * 4. 20A-10-1 4-504.114(A) FC: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANIGAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN AGCORDANGE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A) A CHLORINE SOLUTION SHALL HAVE 4 MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/LAT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHE!T WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS), 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.) OBSERVED DISHMACHINE GHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH. NONE. REPEAT VIOLATION. 5, 24s05~1 4-903.11(B) FG: (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED: (1)INA SELF- DRAINING POSITION THAT ALLOWS AIR DRYING: AND (2) COVERED OR INVERTED. OBSERVED GLEAN GLASSES, CUPS, UTENSILS, POTS AND PANS NOT STORED INVERTED OR INA PROTECTED MANNER. BOWLS. REPEAT VIOLATION. + BA 3216-1 630112 FC: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) AHEATED-AIR HAND DRYING DEVICE, SRSERVED HANDWASH SINKS LACKING PROPER DRYING PROVISIONS. BANQUET KITCHEN. REPEAT VIOLATION, * 6B. 3247-1 6-301.11 FC: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. DISH AREA, BANQUET KITCHEN, REPEAT VIOLATION. 4°7,35A-04-1 6-504.111 FC: CONTROLLING PESTS. THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202. 12, 7-206.12, AND 7-206.13;,AND (D) ELIMINATING HARBORAGE CONDITIONS. OBSERVED RODENT ACTIVITY AS EVIDENCED BY RODENT DROPPINGS FOUND, 5 HARD DROPPINGS NOTED ON BOXES IN DRY STORAGE, REPEAT VIOLATION. * BAtAOB1 7-201,11 FC: SEPARATION, POISONOUS OR TOXIC MATERIALS SHALL BE STORED SO THEY CAN NOT CONTAMINATE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES BY: (A) SEPARATING THE POISONOUS OR TOXIC MATERIALS BY SPACING OR PARTITIONING; AND (B) LOCATING THE POISONQUS OR TOXIC MATERIALS IN AN AREA THAT IS NOT ABOVE FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE OR SINGLE-USE * denotes critical violation District 05 Casa Number: 2010027590 License Type: 2010 License Number: 1100747 : File Number: 200813 GAINESVILLE HOTEL & CONF CTR © Sep 3 2010 14:49 aq/a2/2018 89:26 858414674 : q DEPR OGA PAGE 86/a7 Exhibit & THE MATERIALS ARE STORED TO PREVENT CONTAMINATION OF FOOD, EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED TOXIC ITEM STORED BY UTENSILS. REPEAT VIOLATION. INSPECTIONS DATED 10/20/09 AND 05/04/10. * 9. 53B-08-1 509.049FS; FOOD SERVICE EMPLOYEE TRAINING, THE DIVISION SHALL ADOFT, 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 ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT 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 SERVIGE MANAGER TO PERFORM THIS FUNCTION 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. REPEAT VIOLATION. INSPECTIONS DATED 10/20/09, 10/21/09 AND 05/04/10. * denotes critical violation District: 05 Case Number: 2010027590 License Type: 2010 License Number: 1100747 File Number: 200813 GAINESVILLE HOTEL & CONF GTR

Docket for Case No: 10-008907