State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ; License Number 4100443 MT'S CHOP HOUSE : License Type 2010 Respondent. Case Number 2011050593 | / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against MT'S CHOP HOUSE, ("Respondent”), and says: 14. 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 1555 S OCEAN DR, VERO BEACH, FLORIDA 32963.The mailing address of record is MT'S CHOP HOUSE, at 1555S OCEAN DRIVE, VERO BEACH, FLORIDA 32963. 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, 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 October 17, 2011 Valerie Freeman, 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 4940 North Monroe Street . Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | 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: 2011050593 : Fite Number: 228783 District Number: 04 License Number: 4100443 2010 . Form revised 09.10.14 MT'S CHOP HOUSE . Filed July 3, 2012 9:29 AM Division of Administrative Hearings Exhibit A License Number: 4100443 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011050593 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 Gode. 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. tis alleged that on June 21, 2011, September 8, 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. 1.15-31-1 4-501.11(A) AND (B) FC:: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE * WITH MANUFACTURERS' SPECIFICATIONS. THE SHELVES ‘IN THE DRY STORAGE AREA WERE IN POOR REPAIR, THEY WERE NOT SMOOTH, NON-ABSORBENT OR EASILY CLEANABLE. ALSO, THEY WERE HEAVILY SOILED AND STAINED. * 2,22-22-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. 7 THE CAN OPENER BLADE WAS HEAVILY ENCRUSTED WITH DEBRIS. 3, 37-10-1 61C-1,004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. THE HOOD FILTERS WERE HEAVILY SOILED WITH GREASE. * 4,41B-03-1 7-102.11 FC: COMMON NAME. WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUCH AS CLEANERS AND SANITIZERS TAKEN FROM BULK SUPPLIES SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH THE COMMON NAME OF THE MATERIAL. . THERE WERE SEVERAL UNLABELED SPRAY BOTTLES OF CLEANERS IN THE ESTABLISHMENT. - * denotes critical violation District: 04 Case Number: 2011050593 . License Type: 2010 License Number: 4100443 File Number: 228783 MT'S CHOP HOUSE Exhibit A * 5. 53B-08-1 509.049FS: 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 A CERTIFIED 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. THERE WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING FOR ANY EMPLOYEE. * denotes critical violation District: 04 Case Number: 2011050593 License Type: 2010 License Number: 4100443 File Number: 228783 MT'S CHOP HOUSE

Docket for Case No: 12-002299