State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 5105157 TANDOOR INDIAN CUISINE License Type 2010 Riespane ils Case Number 2013040493 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS:AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against TANDOOR INDIAN CUISINE, (‘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 8453 COOPER CREEK BLVD, BRADENTON, FLORIDA 34201.The mailing address of record is TANDOOR INDIAN CUISINE, at 8453 COOPER CREEK BLVD, BRADENTON, FLORIDA 34201. 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 02, 2013 4 ; | ) 2 bot Kimberly Torbert, Deputy 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 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 7476 0389 | 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 Title Title Case Number: 2013040493 File Number: 264373 District Number: 07 License Number: 5105157 2010 Form revised 01.01.13 TANDOOR INDIAN CUISINE Exhibit A License Number: 5105157 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013040493 Itis alleged that on May 24, 2013, July 17, 2013, July 26, 2013, September 19, 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. 4,02D-01-4 3-302.12FC Basic: Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food. Basic - Working containers of food removed from original container not identified by common name. Small plastic squeeze bottles in kitchen prep area. “Warning Callback 9/19/13, those containers and all spices removed from original containers on cook line not labeled. ** 9A,.08B-01-4 3-306.11 FC High Priority: Except for nuts in the shell and whole, raw fruits and vegetables that are Intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means. . High Priority - Self-service salad bar/buffet lacking adequate sneeze guards or other proper protection from contamination. “Repeat Violation** **Warning** Callback 9/19/13, no sneeze guards and full buffet set up eleven items. 2B. 08B-38-4 3-305.11(A)(3), (B) and (C) FC Basic: (A) Except as specified in Paragraphs (B) and (C) of this section, food shall be protected from contamination by storing the food: (3) At least 6 inches above the floor. (B) Food in packages and working containers may be stored less than 6 inches above the floor on case lot handling equipment as specified under Section 4-204.122. (C) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture. Basic - Food stored on floor, sack of onions, pot with frozen spinach. **Warning** Callback 9/19/13, potatoes, rice, onions on floor. 3. 29-09-4 5-205.15FC Basic: (A) Repaired according to law; and (B) Maintained in good repair. Basic - Clean equipment stored on floor, pots, cutting boards. *““Warning** Callback 9/19/13, pots stored on floor by ice machine (5). Case Number: 2013040493 File Number: 264373 District Number: 07 License Number: 5105157 2010 Form revised 01.01.13 TANDOOR INDIAN CUISINE

Docket for Case No: 13-004635