State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. \ License Number 3701041 MARIO'S PIER dent License Type 2010 esponeent. Case Number 2013032222 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against MARIO'S PIZZA, (“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 4369 COMMERCIAL WAY, SPRING HILL, FLORIDA 34609.The mailing address of record is MARIO'S PIZZA, at 5306 MACOSO CT, NEW PORT RICHEY, FLORIDA 34655-4347. 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 August 06, 2013 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 7196 9004 9111 S02) th7e Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: Z | HEREBY CERTIFY that a true and correct copy of the foranoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2013 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013032222 File Number: 205710 District Number: 03 License Number: 3701041 2010 Form revised 01.01.13 MARIO'S PIZZA Exhibit A License Number: 3701041 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013032222 It is alleged that on April 30, 2013, July 09, 2013 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 Administration, 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 B. * denotes a high priority violation. * denotes an intermediate priority violation. * 1.02C-02-4 3-501.17(A) FC Intermediate: (A) Except when packaging food using a reduced oxygen packaging method as specified under Section 3-502.12, and except as specified in (D) and (E) of this section, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and held in a food establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of 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 (time/temperature control for safety) food prepared on site and held more than 24 hours not properly date marked. 2. 14-69-4 4-501.11(A) and(B) FC Basic: (A) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2. (B) Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications. A. Observed ice build up in reachin freezer. B. Observed reachin cooler gasket torn/in disrepair. * 3.53B-01-4 509.049(5) FS Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees 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 training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. No proof of required state approved employee training provided for any employees. Case Number: 2013032222 File Number: 205710 District Number: 03 License Number: 3701041 2010 Form revised 01.01.13 MARIO'S PIZZA

Docket for Case No: 13-004251