State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, ys. License Number 5428040 HAVANA 1 License Type 2010 Respondent. Case Number 2013030873 a | Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against HAVANA 1, (‘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 1101 TRUMAN AVE, KEY WEST, FLORIDA 33040.The mailing address of record is HAVANA 1, at 1107 TRUMAN AVE, KEY WEST, FLORIDA 33040. 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 fo this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed August 13, 2013 LLLE Maurice Chi, Deputy District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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: 7196 9008 9111 8127 6057 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of _» 2013. Received by: Inspector's Signature Operator's Signature Titie Title Case Number: 2013030873 File Number: 245226 District Number. 07 License Number; 5428040 2010 Form revised 01.01.13 HAVANA 1 Exhibit A License Number: 5428040 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013030873 It is alleged that on November 20, 2012, January 25, 2013, and June 26, 2013, Respondent was in violation of Fiorida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Gode, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, FAC in the following particulars. Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * denotes a high priority violation. * denotes an intermediate priority violation. 4. 02-22-1 3-501.17(A) FC:: (A) Except as specified in Paragraph (D) of this section, refrigerated, ready- to-eat, potentially hazardous food prepared and held in a food establishment for more than 24 hours shail be clearly marked to indicate the date or day by which the food shail be consumed on the premises, sold, or discarded, based on the. temperature and time combinations specified below: (1) 41 degrees Fahrenheit or less for a maximum of 7 days; The day of preparation shall be counted as Day 1. Observed ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours not properly date marked. * 2.22-07-1 4-601.11(A) FC:: Equipment food-contact surfaces and utensils shalt be clean to sight and touch. Observed food-contact surfaces encrusted with grease and/or soil deposits (shelves around kitchen area, stove, and under microwave). 353B-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 shail 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. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number: 2013030873 File Number: 245226 District Number: 01 License Number: 5428040 2010 Form revised 01.01.13 HAVANA 1

Docket for Case No: 13-004120