State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL.REGULATION Petitioner, vs. ‘ License Number 4100085 MULLIGAN'S ore & RAW BAR License Type 2010 espon aa Case Number. 2012003214 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND . RESTAURANTS, (“Petitioner’), files this Administrative Complaint against MULLIGAN'S GRILL & RAW BAR, ("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 1025 BEACH LINE BLVD., VERO BEACH, FLORIDA 32963.The mailing address of record is MULLIGAN'S GRILL & RAW BAR, at 300 COLORADO AVE #205, STUART, FLORIDA 34994. 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 is 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 January 23, 2012 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 41940 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 , 2012. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012003214 File Number: 179712 District Number: 04 License Number: 4100085 2010 Form revised 09.10.14 MULLIGAN'S GRILL & RAW BAR Filed August 27, 2012 10:43 AM Division of Administrative Hearings Exhibit A License Number: 4100085 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012003214 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 clted 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 April 8, 2011, June 9, 2011, September 29, 2011, December 15, 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. * 1,03D-05-1 3-501.14(A) FC:; (A) COOKED POTENTIALLY HAZARDOUS FOOD. SHALL BE COOLED: (1) WITHIN 2 HOURS, FROM 135 DEGREES FAHRENHEIT TO 70 DEGREES FAHRENHEIT; AND (2) WITHIN A TOTAL OF 6 HOURS, FROM 135 DEGREES FAHRENHEIT TO 41DEGREES FAHRENHEIT OR LESS... 01B-16-1 61C-4.010(2) FAC::. (2) EXAMINATION AND CONDEMNATION OF FOOD -- FOOD MAY BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S, 509,032(4), FS. A) ON 04/08/11, CHICKEN COOLING OVERNIGHT WAS 49 DEGREES F. ON 06/09/11, COOKED CHICKEN COOLING OVERNIGHT WAS 45-48 DEGREES F. ON 09/29/11, MUSHROOM AND POTATO SOUP COOLING OVERNIGHT WAS 46 DEGREES F. ON 12/15/11, CLAM CHOWDER AND SEAFOOD CHOWDER COOLING OVERNIGHT WERE 54-55 DEGREES F., . B) A STOP SALE WAS ISSUED ON POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABUSE (COOLING). * denotes critical violation District: 04 Case Number: 2012003214 License Type: 2010 License Number: 4100085 File Number: 179712 MULLIGAN'S GRILL & RAW BAR

Docket for Case No: 12-002861