State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petit vs. . : License Number 5810842 ____ SC BAKLAVA GRILL . A License Type R dent. 2010 espon h Case Number 2012044717 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against BAKLAVA GRILL, ("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 2599 S HIAWASSEE ROAD #3, ORLANDO, FLORIDA 32835.The mailing address of record is BAKLAVA GRILL, at 2599 S HIAWASSEE RD, ORLANDO, FLORIDA 32835. 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 October 25, 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 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 on this. day of , 2012 Received by: Inspector’s Signature - Operator's Signature Title Title Case Number: 2012044717 — File Number: 251294 District Number: 04 License Number: 5810842 2010 Form revised 09.10.11 BAKLAVA GRILL Exhibit A License Number: 5810842 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012044717 "FC" as cited herein references specific provisions of the Foad 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. ItIs alleged that on April 3, 2012, September 12, 2012 the licensee was in violation of Florida Statute S509(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. . * 4,02-24-1 3-501.19{A)(1) FC:: (A) EXCEPT AS SPECIFIED UNDER (B) OF THIS SECTION, IF TIME ONLY, RATHER THAN TIME IN CONJUNCTION WITH TEMPERATURE, IS USED AS THE PUBLIC HEALTH CONTROL FOR A WORKING SUPPLY OF POTENTIALLY HAZARDOUS FOOD BEFORE COOKING, OR FOR READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS DISPLAYED OR HELD FOR SERVICE FOR IMMEDIATE CONSUMPTION: (1) THE FOOD SHALL BE MARKED OR OTHERWISE IDENTIFIED TO INDICATE THE TIME THAT IS 4 HOURS PAST THE POINT IN TIME WHEN THE FOOD IS REMOVED FROM TEMPERATURE CONTROL; THE COOKED PIZZA STORED AT ROOM TEMPERATURE ON THE LINE USING TIME AS PUBLIC HEALTH CONTROL WAS NOT TIME MARKED, * 2.03A-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; ON 04/03/12, RAW CHICKEN WAS 45 DEGREES F IN THE REACH-IN COOLER. ON 09/12/12, RAW STEAK WAS 46 DEGREES F, RAW CHICKEN WAS 45 DEGREES F, PASTA WAS 44 DEGREES F, AND HAM WAS 45 DEGREES F IN THE REACH-IN COOLER AT THE PREP LINE. * 3.09-04-1 3-301.11(B) FC:: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. ‘ ON 04/03/12, THE COUNTER PERSON USED THEIR BARE HANDS TO TOUCH THE PITA BREAD AND THEN PICKED UP THE LETTUCE AND TOMATOES WITH THEIR BARE HANDS. ON 09/12/12, THE OPERATOR USED HIS BARE HAND WHEN SLICING THE PIZZA ALREADY REMOVED FROM THE OVEN. . Case Number: 2012044717 File Number: 251294 _ District Number: 04 License Number: 5810842 2010 Form revised 09.10.11 BAKLAVA GRILL

Docket for Case No: 13-000763