State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND vs. PROFESSIONAL REGULATION Petitioner, ' : License Number 5804679 SWEET MAMA'S dent. License Type 2010 esponern. Case Number 2011054236 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SWEET MAMA'S, ("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 12205 NARCOOSSEE RD, ORLANDO, FLORIDA 32832.The mailing address of record is SWEET MAMA'S, at . 3382 MORELYN CREST CIRCLE, ORLANDO, FLORIDA 32828. 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 November 09, 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 1940 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 onthis___ day of , 2011 a Received by: . Inspector's Signature Operator's Signature Title Title Case Number: 2011054236 File Number: 210771 District Number: 04 License Number: 5804679 2010 ’ Form revised 09.10.11 SWEET MAMA'S Filed July 19, 2012 3:05 PM Division of Administrative Hearings Exhibit A License Number: 5804679 License Type: 2010 PERMANENT FOOD SERVICE _ Case Number: 2011054236 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 December 27, 2010, January 5, 2011, May 17, 2011, August 24, 2011, October 19, 2011, October 20, 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. * 4,12A-16-1 2-301.14 FC::, WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (1) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. ON 12/27/10, THE COOK CRACKED SHELL EGGS THEN HANDLED READY TO EAT FOODS WITHOUT WASHING THEIR HANDS, ALSO, THE COOK CHANGED THEIR GLOVES WITHOUT WASHING THEIR HANDS. ON 08/24/11, THE cooK CHANGED GLOVES WITHOUT WASHING THEIR HANDS. ON 10/19/11, THE COOK PUT ON NEW GLOVES WITHOUT WASHING THEIR HANDS. ON 10/20/11, THE SANDWICH MAKER AND COOK PUT ON NEW GLOVES WITHOUT WASHING THEIR HANDS. * 2, 28-12-1 5. 403.11 FC:: APPROVED SEWAGE DISPOSAL SYSTEM. ‘SEWAGE SHALL BE. DISPOSED THROUGH AN APPROVED FACILITY THAT IS: (A) A PUBLIC SEWAGE TREATMENT PLANT; OR (B) AN INDIVIDUAL SEWAGE DISPOSAL SYSTEM THAT IS SIZED, CONSTRUCTED, MAINTAINED, AND OPERATED ACCORDING TO LAW. 51-09-1 614C-1.002(5)(B) FAC:: (B) ANY CHANGES IN THE : NUMBER OF SEATS PROVIDED WHICH MAY AFFECT THE LICENSE FEE, THE FLORIDA CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR ANY OTHER SANITATION AND SAFETY REQUIREMENTS PROVIDED IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO THE DIVISION BY THE OPERATOR. THE FACILITY WAS OPERATING WITH A CHANGED MENU AND/OR INCREASED SEATING WITHOUT SEPTIC SYSTEM APPROVAL. THE ESTABLISHMENT WAS APPROVED BY THE DEPARTMENT OF HEALTH FOR THIRTY-FIVE SEATS. ON 01/05/11, THE FACILITY HAD EIGHTY-NINE SEATS. ON 05/17/14, THE FACILITY HAD EIGHTY-FOUR SEATS. ON 08/24/11, THE FACILITY HAD EIGHTY-FOUR SEATS. ON 10/19/41, THE FACILITY HAD EIGHTY-ONE SEATS. ON 10/20/11, THE FACILITY HAD EIGHTY SEATS. * denotes critical violation District: 04 Case Number: 2011054236 License Type: 2010 License Number: 5804679 File Number: 210771 SWEET MAMA'S

Docket for Case No: 12-002501