12/81/2616 12:14 8584146749 Dec 1 2010 11:26 DEPR OGA PAGE State of Florida Department of Business and Professional Regulatian Division of Hotels and Restaurants : DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION . Petitioner, VS. License Number. 4606336 STEVENS MARIA D License Type 2010 SMOKE HOUSE SEAFOOD MARKET Case Number 2009065408 Respondent. / _ Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against STEVENS MARIA D, SMOKE HOUSE SEAFOOD MARKET, (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service astablishments, pursuant ta Section 20.165 and Ghapter 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 18550 SAN CARLOS BLVD, FORT MYERS BEACH, FLORIDA 33931 The mailing address of record is SMOKE HOUSE SEAFOOD MARKET, at 11631 IONA BLVD, FORT MYERS, FLORIDA 33908. ; 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 documents 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 any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed December 21, 2009 an GlaudisFields, Deputy 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: 7160 901 9849 S956 4310 74160 3901 9849 9656 4340 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has beer hand served by me an this day of , 2008, Received by: Inspector's Signature Operator's Signature a Title Title Case Number: 2009085408 File Number; 235847 District Number: OF License Number: 4606336 2010 Form revised 10.15.09 SMOKE HOUSE SEAFOOD MARKET AS 12/al/281a 12:14 8584146749 DEPR OGA Dec 1 2010 11:27 PAGE Exhibit A License Number. 4606236 License Type; 2010 PERMANENT FOOD SERVICE Case Number. 2009065408 “EC” as cited hergin references specific provisions af the Food Cade, Recommendations of the United States Pyblic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. ‘NFPA’ as cited herein references specific provisions of the National Fire Frotection Association Life Safaty Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions’, Florida Administrative Code, and 610-1.004(5), Florida Administrative Code. “ danotes a critical violation. Itig alleged that on August 13, 2009, October 14, 2009 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. *§4,05-09-1 4.204.112 FC:: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY. READABLE. (E} FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO VISIBLE THERMOMETER IN ANY OF THE GOOLERS. * 2A,92-16-1 6-301.12 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. OBSERVED NO PAPER TOWELS AT HAND SINK, COOKS LINE. * 9B 32-17-1 6-307.41 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 NO SOAP AT HAND SINK, COOKS LINE, * 3.50-08-1 509.241(2) FS: (2) APPLICATION FOR LICENSE, EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. OBSERVED NO DIVISION GF HOTELS & RESTAURANTS LICENSE, FAGILITY OPERATING WITHOUT A LICENSE. Cease Number, 2009065408 File Nurnber: 225847 District Number: O7 License Number: 4606336 2010 Form revised 10.15.09 SMOKE HOUSE SEAFOOD MARKET Ad

Docket for Case No: 10-010462