State of Florida. Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, ; : vs. Case Number: 2014037330 TOMS PLACE I INC . License Number: 6051612 dibfa TOM'S PLACE It, ° License Type: 2014 Respondent. File Number: 27801 / - : Administrative Complaint : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against TOMS PLACE II INC d/b/a TOM'S PLACE Il, ("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 400 E BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA 33435.The mailing address of record is TOMS PLACE Hl INC d/bla TOM'S PLACE II at 307 SW 9 CT, DELRAY BEACH, FLORIDA 33444. 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 September 09, 2014 Ww apiro, District 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 © “4940 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 , 2014, Received by: Inspector's Signature © Operator's Signature nner oo Title , ; Title District Number: 02 Case Number: 2014037330 File Number: 27804 Form revised 01.01.13 License Number: 6051612 2014 TOM'S PLACE II Exhibit A License Number: 6051612 - License Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2014037330 It is alleged that on April 22, 2014, July 02, 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. 1,50-03-4 §09.241(3) FS&61C-1.002(1)&(7) FAC Basic: Any license issued by the division shall be conspicuously displayed in the office or lobby of the licensed establishment. Public food service establishments which offer catering services shall display their license number on all advertising for catering services. 61C- 1.002(1) The current license from the division shall be conspicuously displayed on. the office or lobby of the licensed establishment. If no office or lobby is present on the premises of the licensed establishment, the license must be readily available for inspection upon request. (7) The division shall issue a license to each public lodging establishment and public food service establishment which has satisfied the requirements of Chapter 509, F.S., and this chapter upon initial licensing and annual renewal. In addition to the license, the division must issue a license decal to each mobile food dispensing vehicle, theme park food cart and vending machine, which must be prominently displayed and affixed to the vehicle, cart or machine. Observed: Basic - Hotel and Restaurant license decal not displayed on mobile food dispensing vehicte. Expired. : * 2, 53A-01-4 509,039 FS Intermediate: All public food service establishments must provide the division with proof of food service manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment. . Observed: Intermediate - Manager lacking proof of food manager certification. * 3, 53B-05-4 509.049(5) FS Intermediate: It shall be the duly 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: Intermediate - Required employee training expired for all employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233. District Number: 02 Case Number: 2014037330 File Number: 27801 _ Form revised 01.01.13 License Number: 6051612 2014 TOMS PLACE It

Docket for Case No: 15-000224