State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number. 3901013 PICADILY BAR dent License Type 2010 espon , . Case Number 2010045777 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against PICADILY BAR, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishrnents and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, 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 2806 E BUSCH BOULEVARD, TAMPA, FLORIDA 33612.The mailing address of record is PICADILY BAR, at 2806 E BUSCH BOULEVARD, TAMPA, FLORIDA 33612. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Fiorida 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 September 14 istiict 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 ffs Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ch Stil MATa or | HEREBY CERTIFY that a true and correct copy of the ‘oregoing par ea COMPLAINT has been hand served by me on this. day of , 2010. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010045777 File Number: 234193 District Number: 03 License Number: 3901013 2010 Form revised 10.15.09 PICADILY BAR Filed September 20, 2011 9:33 AM Division of Administrative Hearings Exhibit A License Number: 3901013 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010045777 FC as cited herein references specific provisions of the Food Code, 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 61C-1.004(5), Florida Administrative Code. . *denotes a critical violation. It is alleged that on July 6, 2010, September 9, 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. * 4,02-07-1 3-501.17(B) FC:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND . PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD !S HELD FOR t MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE »CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY, OBSERVED PROCESSED READY TO EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. “ 2.17-09-1 2-103.14(1) FC:;, PERSON IN CHARGE. THE PERSON IN CHARGE SHALL ENSURE THAT: (1) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING; LACK OF USE OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE COMPARTMENT SINK/WAREWASHING MACHINE. * BA. 22-28-1 4-601.11(A) FC:; EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED INTERIOR OF REACHIN COOLER SOILED WITH ACCUMULATION OF FOOD RESIDUE. * 3B. 22-20-1 4-602.11(E) FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603.11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING ‘FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED; (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS : “CONDIMENT DISPENSERS AND DISPLAY CONTAINERS; (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP * denotes critical violation District: 03 Case Number: 2010045777 License Type: 2010 License Number: 3901013 File Number: 234193 PICADILY BAR Exhibit A DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. OBSERVED BUILD UP OF SLIME IN THE INTERIOR OF ICE MACHINE. 4. 34-02-1 §-501.11 FC:: OUTDOOR STORAGE SURFACE. AN OUTDOOR STORAGE SURFACE FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CONSTRUCTED OF NONABSORBENT MATERIAL SUCH AS CONCRETE OR ASPHALT AND SHALL BE SMOOTH, DURABLE, AND SLOPED TO _ DRAIN. . . DUMPSTER NOT ON PROPER PAD. * §.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. 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 ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST RECEIVE 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. _ NO PROOF OF REQUIRED EMPLOYEE TRAINING. * denotes critical violation 5 District: 03 Case Number: 2010045777 License Type: 2010 License Number: 3901013 File Number: 234193 PICADILY BAR

Docket for Case No: 11-004788