State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. SUSHI HOUSE JAPAN rigense we soe Respondant Case Number 2011017903 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUSHI HOUSE JAPAN, (‘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, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 13820 ST AUGUSTINE RD #145, JACKSONVILLE, FLORIDA 32258.The mailing address of record is SUSHI HOUSE JAPAN, at 13820 ST AUGUSTINE RD #145, JACKSONVILLE, FLORIDA 32258. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutés, 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 April 04, 2011 s Haynes, District Manager By delegation (of the Director, or designee Division of Hotels & Restaurants. : Department of Business & 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 9849 0947 4319 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2011, Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2011017903 — File Number: 196363 District Number: 05 License Number: 2613614 2010 Form revised 02.02.11 SUSHI HOUSE JAPAN Filed February 8, 2012 1:37 PM Division of Administrative Hearings Exhibit A License Number: 2613614 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2011017903 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 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on May 25, 2010, August 2, 2010, January 11, 2011 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. * 4.08A-29-1 3-302.11(A)(4) FC:;; (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. BREAD CRUMBS IN KITCHEN AND WANTONS IN WALK-IN COOLER. REPEAT VIOLATION. INSPECTIONS DATED 05/25/10 AND 01/11/11. * 2.09-01-1 3-301.11(B) FC:; (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302,15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINER OF OTHER CONTAINER WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD, IN BULK SOY SAUCE. REPEAT VIOLATION. * 3.32-17-1 6301.11 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 HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. REAR KITCHEN HANDSINK, REPEAT VIOLATION. INSPECTIONS DATED 05/25/10 AND 01/11/41. * 4,52-01-1 509.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT, THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT IS FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT iS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENTED. MENU STATES "CRABMEAT SALAD”, IMITATION CRAB IS USED. MENU STATES "WHITE TUNA”. ESCOLAR USED. INSPECTION DATED 01/11/11. * 5.53A-09-1 61C-4.023(1) FAC:: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER District: 05 License Type: 2010 File Number: 196363 * denotes critical violation Case Number: 2011017903 License Number: 2613614 SUSHI HOUSE JAPAN Exhibit A PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. OBSERVED NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. MANAGER ARRIVED DURING INSPECTION. REPEAT VIOLATION. INSPECTIONS DATED 05/25/10 AND 01/11/11. * denotes critical violation District: 05 Case Number: 2011017903 License Type: 2010 License Number: 2613614 File Number: 196363 SUSHI HOUSE JAPAN

Docket for Case No: 12-000522