State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND . PROFESSIONAL REGULATION Petitioner, vs. , License Number. 6804843 BEEFY'S BAR ee dent License Type 2010 ; espon ; Case Number |2010052634 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Compa against BEEFY'S BAR BQ, (‘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 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, ligensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 671 TAMIAMI TRL, NOKOMIS, FLORIDA 34275.The mailing address of record is BEEFY'S BAR BQ, at 618 BAYVIEW AVE, OSPREY, FLORIDA 34229. 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 phplicable 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 tules promulgated thereto. Signed Octaber 20, 2010 oh tO Ail District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department ofjBusiness & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc 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 3901 9845 5466 8279 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this_____s day of , 2010. et Received by: . Inspector's Signature Operator’s Signature Title Title Case Number: 2010052634 File Number: 190356 District Number: 07 License Number: 6804843 2010 Form revised 10.04.10 BEEFY'S BAR BQ Filed September 27, 2011 11:01 AM Division of Administrative Hearings Exhibit A License Number: 6804843 License Type: 2010 PERMANENT FOOD. SERVICE Case Number: 2010052634 "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 June 7, 2010, June 8, 2010, August 10, 2010, September 13, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Adininistrative Code (FAC), in the following particulars. Copy(s)jof the report(s) for the above referénced inspection(s) are attached hereto and incorporated by referencelas Exhibit B. »1..18-04-1 2-402.141FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD|EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, . . OBSERVED EMPLOYEE WITH NO BEARD GUARDIRESTRA\ NT,OBSERVED SOLE FOODS PREPARATION EMPLOYEE WITH NO BEARD GUARD AND BEARD PRESENT. ON 9/13/10 THIRTY DAY . EXTENSION CALLBACK, OBSERVED BEARDED COOKLINE EMPLOYEE WITH EXCESSIVE FACIAL HAIR APPROXIMATELY ONE HALF INCHES IN LENGTH. * 2.50-07-1 509.241(1) FS:: (1) LICENSES; ANNUAL RENEWALS. EACH PUBLIC FOOD SERVICE ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LICENSE MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. JT SHALL BE A MISDEMEANOR OF THE SECOND DEGREE, PUNISHABLE AS PROVIDED IN 8S. 775.082 OR S, 775.083, FOR SUCH AN ESTABLISHMENT TO OPERATE WITHOUT A LICENSE, . OBSERVED INCORRECT INFORMATION ON HOTEL AND RESTAURANT LICENSE, LICENSURE DISPLAYS NONE SEATING. OBSERVED 6 EXTERIOR PICNIC TABLES ON SITE. ON 30 DAY EXTENSION CALLBACK, OBSERVED 6 EXTERIOR PICNIC TABLES WITH SEATING FOR 28 AND EQUIPPED WITH RECENTLY OBSERVED UMBRELLA COVERINGS AND 2 PATRONS SEATED AND ~ EATING VISUALLY. OBSERVED ORDERED ESTABLISHMENT FOODS. Case Number: 2010052634 File Number: 190356 District Number: 07 License Number: 6804843 2010 Form revised 10.04.10 BEEFY'S BAR 8Q

Docket for Case No: 11-004996