State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 6216651 ISLAND WAY CAFE dent License Type 2010 Respondent. Case Number 2012022953 Administrative Compltaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against ISLAND WAY CAFE, (“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 288 WINDWARD PASSAGE, CLEARWATER, FLORIDA 33767, The mailing address of record is ISLAND WAY CAFE, at 288 WINDWARD PASSAGE, CLEARWATER, FLORIDA 33767. 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 May 15, 2012 p Joe Perez, District Mahager = By delegation of the Director, or designee Division. of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 110314 8764 Certificate of Service 2 ‘OF 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 , 2012 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012022953 ‘File Number: 250194 District Number: 03 License Number: 6216651 2010 Form revised 09.10.11 ISLAND WAY CAFE Filed August 15, 2012 12:07 PM Division of Administrative Hearings Exhibit A License Number: 6216651 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012022953 “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 September 28, 2011, December 1, 2011, February 3, 2012, May 9, 2012 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. * 4.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT, OBSERVED LIQUID EGGS HELD AT 45 DEGREES F, CHEESE 48 DEGREES F, AND SAUSAGE 48 DEGREES F ON 9/28/11 AND 12/1/11. OBSERVED CREAM CHEESE HELD AT 48 DEGREES F, CHEESE 47 DEGREES F, SAUSAGE 47 DEGREES F, RAW BACON 51 DEGREES F AND CHEESECAKE 71 DEGREES F ON 2/3/12. OBSERVED HAM HELD AT 46 DEGREES F, CHICKEN BROTH 48 DEGREES F AND CREAM CHEESE 50 DEGREES F ON 5/9/12. ,_ Gase Number: 2012022953 __ File Number: 250194 District Number: 03 License Number: 6216651 2010 Form revised 09.10.11 ISLAND WAY CAFE

Docket for Case No: 12-002748

Orders for Case No: 12-002748