State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 5909083 MIGHTY WINGS License Type 2010 Respondent. Case Number 2009054510 . Adminigtrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MIGHTY WINGS, ("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, Respondent is, and has been at ail 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 53 WEST VINE STREET, KISSIMMEE, FLORIDA 34741, The mailing address of record is MIGHTY WINGS, at 53 WEST VINE STREET, KISSIMMEE, FLORIDA 34741. . 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 is described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B', incorporated herein by reference. wo 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 any other relief authorized by, Chapter 509, Florida Statutes, or the rules promulgated therete, Signed October 23, 2009 OAS . Valerie Freaman, 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, ARTIGLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by re on this, day of , 2005 Received by: Inspector's Signature Operator's Signature Title . Title Case Number: 2009064510 File Number: 220936 District Number: 04 License Number: 5908083 2010 Form revised 07.15.09 MIGHTY WINGS SE/ER Fovd FOO dad Bredp Tress PT'6G GTee/ET/ET 28:PT Olde FT 450 Exhibit A License Number: 5909083 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009054510 FC as cited herein references spacific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA 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 616-1.004(), Florida Administrative Code. * denotes a critical violation. itis allaged that on October 8, 2009 the licenses 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 follawing particulars. Copy(s) of the report(s) for the above referenced Inspection(s) are attached hereto and incorporated by reference as Exhibit B. * §4,26-17-1 $402.19 FC: GONVEYING SEWAGE. SEWAGE SHALL BE CONVEYED TO THE POINT OF DISPOSAL THROUGH AN APPROVED SANITARY SEWAGE SYSTEM OR OTHER SYSTEM, INCLUDING USE OF SEWAGE TRANSPORT VEHICLES, WASTE RETENTION TANKS, PUMPS, PIPES, HOSES, AND CONNECTIONS THAT ARE CONSTRUCTED, MAINTAINED, AND OPERATED ACCORDING TO LAW. OBSERVED A SEWAGE BACKUP IN THE ESTABLISHMENT. GRAY WATER WAS OBSERVED BACKING UP INTO THE DRAINAGE TROUGH IN FRONT OF THE WALK IN COOLER WHEN THE HAND WASH AND THREE COMPARTMENT SINKS WERE IN USE. THE TROUGH FLOODED ABOVE FLOOR LEVEL WHEN ONE COMPARTMENT OF THE THREE COMPARTMENT SINK WAS FILLED HALFWAY AND THEN DRAINED. THE FLOOR DRAIN BELOW THE THREE COMPARTMENT SINK WAS ALSO OESERVED BACKING UP, THE OPERATOR WAS OBSERVED SCOOPING THE GRAY WATER MANUALLY AND DISCHARGING IT OUTSIDE INTO THE CITY'S DRAINAGE SYSTEM WHEN THE INSPECTOR ARRIVED AT THE FACILITY. * denotes critical violation District: 04 Case Number: 2009054510 ; License Type: 2010 License Number: 5809083 File Number: 229936 MIGHTY WINGS Ga/Pa Fevd YOO ada 6pe9pTpace PIi6a alaZ/ET/aT 28:PT Olde FT 450

Docket for Case No: 10-009669