Tallahassee, Florida 32399-2202 ~ State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . : WEBBERS BAR & GRILL ie ee Oto Respondent. Case Number 2011046228 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND. RESTAURANTS, ("Petitioner’), files this Administrative Complaint against VEBBERS BAR & GRILL, ("Respondent’), and says: . _ 4, 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 2017 S RIDGEWOOD, S DAYTONA, FLORIDA 321192240.The mailing address of record is WE GRILL, at 2017 S RIDGEWOOD, S DAYTONA, FLORIDA 321192240. BBERS BAR & 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, suspe issued pursuant to this Chapter, and/or any other relief authékized by C rules promulgated thereto, Ch 1) Signed September 21, 20 ( se aeD len or refusal of a license hapter 589, Florida Statutes, or the Angela Carragher | for Valerie Freeman COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPL. Department of Business & Professional Regulation . AINT has been — WEBBERS BAR & GRILL Filed May 23, 2012 8:46 AM Division of Administrative Hearings . hand served by me on this. day of , 2011, . . Received by: Inspector's Signature : . Operator's Signature Title . ' Title Case Number: 2011046228 File Number: 149256 District Number: 04 "License Number: 7404012 2010 Form ravised 09.10.11 Exhibit A License Number: 7404012 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011046228 FC as cited herein refererices specific provisions of the Food Code, Recommendations of th je 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 Provision: Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on August 22, 2011 the licensee was in violation of Florida Statute 509(FS) | s, Florida 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 teference as Exhibit B. * 4,52-01-1 509,292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLF! MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE ULLY | 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 CON FORM 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. GROUPER WAS ADVERTISED, BUT STRIPED PANGASIUS WAS BEING SERVED. * denotes critical violation District: 04 Case Number: 2011046228 License Type: 2010 License Number: 7404012 File Number: 149256 WEBBERS BAR & GRILL

Docket for Case No: 12-001865