Sep 3 2010 14:51 aq/a2/28le 89:29 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, CJ BAR BE QUE ricense Number, 5808966 Respondent. leanse Type 2010 ; Case Number 2010001694 Administrative Comptaint The DEFARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against C J BAR BE QUE, ("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 20,185 and Chapter 509, Florida Statutes. 2. Respondentis, 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 2202 W PINE ST, ORLANDO, FLORIDA 32805.The mailing address of record is C J BAR BE QUE, at 2202 W PINE ST, ORLANDO, FLORIDA 32805. 3. Inspection of this establishment canducted pursuant to Sec, 509.022, Florida Statutes, revealed violatians 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 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 raquests entry of an Order imposing one or more of the following penalties: administrative fine nat to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the tules promuigated thereto. Signed January 12, 2010 Vl Valerie Freeman, 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 & 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 hand served by me an this. day of , 2010 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010001694 File Number: 133845 District Number: 04 Licanse Number: 5808966 2070 Form revised 10.15.08 CJ BAR BE QUE Sep 3 2010 14:51 aq/a2/28le 89:29 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number, 5808966 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010001694 FG as cited herein references specific provisions of the Food Gade, 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 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61G-1,004(5), Florida Administrative Code, * denotes a critical violation. It is alleged thai on September 18, 2009, September 19, 2009, September 22, 2009, September 25, 2009, November 20, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the nants) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit * 1.08A-07-1 3-305.14 FC:; FOOD PREPARATION. DURING PREPARATION, UNPAGKAGED FOOD SHALL BE PROTECTED FROM ENVIRONMENTAL SOURCES OF CONTAMINATION. AND O8A-17-1 3-307.11 FO:: MISCELLANEOUS SOURCES OF CONTAMINATION. FOOD SHALL BE PROTECTED FROM CONTAMINATION THAT MAY RESULT FROM A FACTOR OR SOURCE NOT SPECIFIED UNDER SUBPARTS 3-301 - 3-306, FOOD WAS BEING COOKED IN AN UNAPPROVED OUTSIDE SMOKER IN THE FRONT OF THE PREMISES. * 2.53B-08-1 509.049 FS: 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 ACT 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 TQ 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. PROOF OF EMPLOYEE FOOD HANDLER TRAINING WAS NOT AVAILABLE. * denotes critical violation District 04 Case Number: 2010001694 License Type: 2010 License Number: 5808966 File Number: 133845 CJ BAR BE QUE

Docket for Case No: 10-008908