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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF .BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

L'APPETITO PIZZA & DELI

Respondent.

                                       I

License Number. 2102781 License Type 201O

Case Number 2010030056

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner''), files this Administrative Complaint against L'APPETITO PIZZA & DELI, ("Respondent"), and says:

1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuanl to Section 20.165 and·Chapter 509, Florida Statutes.

2, Respondent is, and has been at au·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 2542 NORTHBRODKE PLAZA DR, NAPLES, FLORIDA 34119,The mailing address of record is L'APPETITO PIZZA & DELI, at 2542 NORTHBROOKE PLAZA DR, NAPLES, FLORIDA 34119.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and I or the rules promulgated thereto governing. operation of the est'!blishment. The violation(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents are attached as E><hibit "8', incorporated herein by reference.

WHEREFORE', Petitioner respectfully requests entry of an Order imposing one or more of the followi g 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 June 16, 2010

Gary Tillman, District Manager

By delegation of the Director, or designee Division of Hotels & Restaurants

Department of BusineS$ & Professional Regulation

COUNSEL FDR THE DEPARTMENT:

Marc Drexler, Lead Attomey Florida Bar No. 0487058

Department of Business & Professional Regulalio'n

1940 North Monroe Street Tallahassee, Florida 32399·2202

Cotr!ificate of Service

BY CERTIFIED U.S. MAIL, ARTICI-E NUMB!aR: 71601 3901 9845 5467 1415

I HEREBY CE'RTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this_ day of · · , 2010.

Received by:                                                            

Inspector's Signature Operator's Signature

Tillie Title

Ce.9e N1.11'1"lber: 2010020056 Fil Numbtr: 1133164

L!ceni;is Number: .210.2701 2010

l'APPETITO IZZA & DEU

Di:.trict Number; 07

Ferm Tl;!'Vl g 10, '15.08

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Exhibit A

License Number: 2102781

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010030056

"FC" as.cited herein references specific provisions of the Food Code, Recommendations of the United StatM Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as cited•hereln references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 4A-3, "Fire Prevention, General Provisions", Florida Admlnistretive Code, and 61C-1.004(5), Florida Administrative Code.

,,.,, denotes a critical violation.

It is alleged that on April 21, 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.

• 1. 0BA-20-1 3-306.11 FC:: FOOD DISPLAY. EXCEPT FOR NUTS IN THE SHELL AND WHOLE, RAW FRUITS AND VEGETABLES THAT ARE INTENDED FOR HULLING, PEELING, OR WASHING BY THE CONSUMER BEFORE CONSUMPTION, FOOD ON DISPLAY SHALL BE PROTECTED FROM CONTAMINATION BY THE USE OF PACKAGING; COUNTER, SERVICE LINE, OR SALAD BAR FOOD GUARDS; DISPLAY CASES; OR OTHER EFFECTIVE MEANS.

DISPLAYED FOOD NOT PROPERLY PROTECTED FROM CONTAMINATION. PIZZAS AT FRONT COUNTER ARE NOT COVERED WITH ANY TYPE OF PROTECTIVE COVER. CUSTOMERS CAN CONTAMINATE FOOD. REPEAT VIOLATION (6/3/09 & 9/30/09; COMPLIED 817/09 & 3/5/10)

Case Number: 20100JC056 Fila Numbor; 18376-:l

Llconso Numoer: ,102781 201o

L'APPETITO PIZZA DELI

Di9itfict Number: 07

Form revls.ed 1a.1s.og

Docket for Case No: 11-003279