State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case Number: 2014017789 NIKIS ON THE BEACH rigense Number pre8227 dib/a NIKI'S ON THE BEACH, Fie Number 260725 Respondent. He Number. / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner’), files this Administrative Complaint against NIKIS ON THE BEACH d/b/a NIKI'S ON THE BEACH, (‘Respondent’), and says: 4. 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 49 VIA DE LUNA DR, PENSACOLA BEACH, FLORIDA 32561.The mailing address of record is NIKIS ON THE BEACH d/bla NIKPS ON THE BEACH at 49 VIA DE LUNA DR, PENSACOLA BEACH, FLORIDA 32561. 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 April 24, 2014 Ken Hensdill, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Reguiation 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: 7196 9008 9111 2997 8067 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2014. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2014017789 — File Number. 259725 District Number: 06 License Number: 2706227 2010 Form revised 01.01.13 NIKI'S ON THE BEACH Exhibit A License Number: 2706227 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014017789 itis alleged that on December 03, 2013, March 21, 2014 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. 44-17-4 7-102.11 FC Intermediate: Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. Observed spray bottle containing toxic substance not labeled: degreaser. Upon follow up inspection, observed unlabeled bottles of bleach and 409. Operator labeled them during follow-up inspection. * 2.53B-07-4 509,049(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. Observed no proof of required State approved employee training provided at the time of the inspection. Upon callback inspection, observed no approved employee training program in piace. Case Number: 2014017789 — File Number: 259725 District Number: 06 License Number: 2706227 2010 Form revised 01.01.13 NIKI'S ON THE BEACH

Docket for Case No: 14-003807