Sep 16 2010 O9/15/2616 @7:18 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, Va. License Number. 5810906 AMERICAN PIE PIZZA & DRAFT HOUSE License Type 2010 Respondent Gase Number 2010008632 Administrative Gomplaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (’Petitioner’), files this Administrative Complaint against AMERICAN PIE PIZZA & DRAFT HOUSE, (“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 309, Florida Statutes. 2. Respondentis, and has been at all times material hereto, licensed by ar subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 2912 EDGEWATER DR, ORLANDO, FLORIDA 32804.The mailing address of record is AMERICAN PIE PIZZ4 & DRAFT HOUSE, at 2912 EDGEWATER DR, ORLANDO, FLORIDA 32804. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida 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 described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection docurnents 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 to this Chapter, and/or arly other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed February 22, 2010 F 2 Vier Valeria 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 Monrde Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of 2010. Recaived by: Inspector's Signature : : Operator's Signaturé ~ a Title : . Title Gase Number 2010008622 File Number: 214704 District Number, 04 Litense Number: 5410906 2010 Form revised 10.18.09 AMERICAN FIE PIZZA & DRAFT ROWSE Sep 16 2010 12:40 O9/15/2616 @7:18 8584146749 DEPR OGA PAGE 84/85 Exhibit A License Numbeér: 5810906 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010008632 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 hergin 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), Florida Administrative Code, * denotes a critical violation, itis alleged that on December 2, 2009, February 3, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rutes 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. * 4.222761 4-601.71(A) FC: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH, THERE WAS A HEAVY BUILD UP OF GREASE AND SOIL DEPOSITS ON THE PIZZA ROLLERS. 2. 37-03-1 61C-1.004(6) FAG: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. THE WALL IN THE MOP SINK AREA WAS IN DISREPAIR, * 3,53B-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 & 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 SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST REGEIVE 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. THERE WAS NO PROOF OF THE REQUIRED EMPLOYEE FOOD HANDLER TRAINING PROVIDED. District 04 License Type: 2010 File Number; 214704 * denotes critical violation Case Number: 2010008832 License Number: 8810906 AMERICAN PIE PIZZA & DRAFT HOUSE

Docket for Case No: 10-009144