Net oe State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 6216550 EGGSTYLE BREA AST LUNCH License Type 2010 ponent. Case Number 2012016735 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against EGGSTYLE BREAKFAST & LUNCH, (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 3980 TAMPA RD, OLDSMAR, FLORIDA 34677.The mailing address of record is EGGSTYLE BREAKFAST & LUNCH, at 3980 TAMPA RD, OLDSMAR, FLORIDA 34677. 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 April 03, 2012 Joe Perez, 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 12 0314 A344 08 Certificate of Service eal 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: 2012016735 — File Number: 241725 District Number: 03 License Number: 6216550 2010 Form revised 09.10.11 EGGSTYLE BREAKFAST & LUNCH Filed September 26, 2012 11:33 AM Division of Administrative Hearings Exhibit A License Number: 6216550 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012016735 “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 64C-1.004(5), Florida Administrative Code. “*" denotes a critical violation. It is alleged that on January 6, 2012, March 16, 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. * 41, 53A-09-1 61C-4.023(1) FAC:: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. NO CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. Case Number: 2012016735 File Number: 241725 District Number: 03 License Number: 6216550 2010 Form revised 09.10.11 EGGSTYLE BREAKFAST & LUNCH

Docket for Case No: 12-003215