State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. 1 . License Number 5811058 ZENZO'S Pieeh a License Type 2010 espondent. Case Number 2012018358 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against Z ENZO'S PIZZA, ("Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public ladging 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 7124 ALOMA AVENUE, UNIT B , WINTER PARK, FLORIDA 32792.The mailing address of record is Z ENZO'S PIZZA, at 7124 ALOMA AVE-UNIT B, WINTER PARK, FLORIDA 32792. 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 respectiully 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 April 16, 2012 fos 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 Sireet 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: 2012018358 File Number: 172838 District Number: 04 License Number: 5811058 2010 Form revised 09.10.41 ZENZO'S PIZZA . Filed September 25, 2012 4:52 PM Division of Administrative Hearings Exhibit A License Number: 5811058 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012018358 “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 January 12, 2012, March 13, 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. * 1.03B-03-1 3-501.16 (A)(1) 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; ON 01/12/12, PIZZA WAS 78 DEGREES F AND 81 DEGREES F LEFT OUT ON THE PREP TABLE. ON 03/13/12, PIZZA WAS 83 DEGREES F LEFT OUT ON THE PREP TABLE. THE PIZZA WAS NOT TIME MARKED. : * 2. 22-28-1 4-601.11(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. THE PREP REACH-IN COOLER ON THE COOK LINE WAS SOILED. 3. 51-09-1 61C-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 ESTABLISHMENT WAS LICENSED FOR ZERO SEATS BUT WAS OPERATING WITH ELEVEN SEATS. Case Number: 2012018358 File Number: 172838 District Number: 04 License Number: 5811058 2010 Form revised 09.10.11 ZENZO'S PIZZA Exhibit A * 4.53B-08-1 509.049 FS: 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. PROOF OF EMPLOYEE FOOD HANDLER TRAINING WAS NOT AVAILABLE. * denotes critical violation District: 04 Case Number: 2012018358 License Type: 2010 License Number: 5811058 File Number: 172838 ZENZO'S PIZZA

Docket for Case No: 12-003169