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 6005283 DENNY'S #reAD dent License Type 2010 espon a Case Number 2012047970 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DENNY'S #7642, (“Respondent’), and says: 1. Patitioner 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 materlal hereto, Ilcensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 6946 W LAKE WORTH RD, LAKE WORTH, FLORIDA 33463.The mailing address of record ls DENNY'S #7642, at 6946 W LAKE WORTH RD, LAKE WORTH, FLORIDA 33463, 3. Inspection of this establishment conducted pursuant to Sec, 609.032, 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 Exhiblt "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 rellef authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto. Signed November 19, 2012 Sow \Vauserds Shannie Kallas, 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: 2012047970 File Number: 243984 District Number: 02 License Number: 6005283 2010 Form revised 11.11.12 DENNY'S #7642 Exhibit A License Number; 6005283 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012047970 itis alleged that on October 8, 2012, October 9, 2012 Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of ‘the United States Public Health Service, Food and Drug Adminlstration, as incorporated by Chapter 61C, 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 8, “*" denotes a critical violation. * 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, potentlally 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 specifled in the following: (a) 41 degrees Fahrenheit or less; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT: CRUMBLED SAUSAGE - WEST SIDE COOK LINE REACH-IN COOLER (DRAWER). * 2.04-04-1 4-304.14 FC: Cooling, Heating, and Holding Capacities. EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, shall be sufficient in number and capacity to Provide FOOD temperatures as specified under Chapter 3. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES: AMBIENT TEMPERATURE AT 47 DEGREES FAHRENHEIT - WEST SIDE COOK LINE REACH-IN COOLER, * 3,35A-03-1 6-601.112 FC:: Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the PREMISES at a frequency that prevents their accumulation, decomposition, or the attraction of pests. OBSERVED DEAD ROACHES ON PREMISES: 1 INSIDE WEST SIDE COOK LINE REACH-IN COOLER, * 4.36A-05-1 6-501.111 FC:: Controlling Pests. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the PREMISES by: (A) Routinely inspecting Incoming shipments of FOOD and supplies; (B) Routinely inspecting the PREMISES for evidence of pests; (C) Using methods, if pests are found, such as trapping devices or other means of pest control as speclfled under Sections 7-202.12, 7-206.12, and 7-206.13; and (D) Eliminating harborage conditions. A. OBSERVED ROACH ACTIVITY AS EVIDENCED BY LIVE ROACHES FOUND: 1 IN GASKET - WEST SIDE COOKLINE REACH-IN COOLER. B. OBSERVED ROACH ACTIVITY AS EVIDENGED BY LIVE ROACHES FOUND: A TOTAL OF 2 (1 INSIDE OPENED PACKAGE OF HAM - DRAWER - WEST SIDE COOK LINE REACH-IN COOLER AND 4 INSIDE THE CONTAINER WITH THE PACKAGE OF HAM - DRAWER WEST SIDE COOK LINE REACH-IN COOLER). Case Number: 2012047970 File Number: 243984 District Number: 02 License Number: 6006283 2010 Form revised 11.11.12 DENNY'S #7642

Docket for Case No: 13-000862