STATE OF FLORIDA on DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION "7" ~ : DIVISION OF HOTELS AND RESTAURANTS OTAUS -8 EMII: 22 OF£ MTs 22 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, fooe vs, License No. 2328598 LA PIAZZETA License Type 2010 Permanent Food Service R dent. _ , espon ; Case No. 2005006957 O 5 5 sY( v ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LA PIAZZETA, (“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 28 W FLAGLER ST #100, MIAMI, FLORIDA 33130.The mailing address of record is LA PIAZZETA, at 28 W FLAGLER ST #100, MIAMI, FLORIDA 33130. 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: mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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 February 10, 2005 S <>. Kea tos Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5779 8437 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005006957 Form revised 01/12/05 License Type: 2010 Permanent Food Service District Number: 01 License Number: 2328598 LA PiAZZETA License Number: 2328598 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005006957 Exhibit A “FC” as cited herein references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. It is alleged that on November 23, 2004, and January 20, 2005, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. * 1,53A-01 509.039 FS AND 61C-4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. OBSERVED NO PROOF OF A CERTIFIED FOOD MANAGER AT THE TIME OF INSPECTION. THE MANAGER IS TONY MIZRACHI. * 2.53B-01 509.049FS 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 TC 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 SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF EMPLOYEE FOOD HANDLER'S TRAINING. EMPLOYEE IN VIOLATION IS WILLIAM GONZALEZ. 3.51-02 61C-1.004(9)(D) FAC CARBON DIOXIDE AND HELIUM TANKS SHALL BE ADEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY. * denotes critical violation Exhibit A Case Number: 2005006957 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 2328598 OBSERVED CO2 TANKS NOT PROPERLY SECURED. 4.23401 4-601.11(C) FC NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. OBSERVED DIRT BUILD-UP ON PREP AREA SHELVES AND UNDER PREP TABLES. 5. 16-01 4-603.15(C) FC WASHING, PROCEDURES FOR ALTERNATIVE MANUAL WAREWASHING EQUIPMENT. IF WASHING IN SINK COMPARTMENTS OR A WAREWASHING MACHINE IS IMPRACTICAL SUCH AS WHEN THE EQUIPMENT IS FIXED OR THE UTENSILS ARE TOO LARGE, WASHING SHALL BE DONE BY USING ALTERNATIVE MANUAL WAREWASHING EQUIPMENT AS SPECIFIED IN 4-301.12© IN ACCORDANCE WITH THE FOLLOWING PROCEDURES : © EQUIPMENT AND UTENSILS SHALL BE WASHED AS SPECIFIED UNDER PARAGRAPH 4-603. 14(A). OBSERVED THREE COMPARTMENT SINK NOT SET UP PROPERLY. * denotes critical violation Exhibit A Case Number: 2005006957 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 2328588 F DEPARTMEN, Division of Hotels and Restaurants _ CALL BACK/RE-INSPECTION REPORT |_FSTABLISHMENT TYPE O LODGING F000 SERVICE | INITIAL WARNING DATE F BUSINESS AND PROFESSION; 00 AUG ~ REGULATION LIGENSE CONTROLNUMBER anes 2 3 AAW: 22 File Number | Suffix Month _ Day Year County en ee, DB i 2esqg) BK REASON WARNING OF NOTICE TO . | Warning Clcomplied Hearing requested DIRECT NOTICE: SHOW CAUSE ()Pre-conference CJNot complied [7] Out of business Failure to bein compliance You will be issued a Notice to ()Pre-hearing with this notice at any Show Cause why sanctions (JOh Stipulation future inspection may should not be assessed against (Jn Hearing Order Time extended date; sf result in a direct Notice to your license. A hearing will be i: Other: | Show Cause. held at a time and place to be \ designated by the director, fe site OwnerName: 2 / Businass Address; i a fed fics 2 = bees be Lif? be ekg mat i A (es me tea] A op: dutty ug ie i igh ne be é-2 Q Is, yr a vs / ea Ab be ye bi Built wel af Le fa ( ales fete cued! ie ef Led ¢ oaths Had, sab > lee ra “met Le Se it f ede => wa Lealed : Piet tt £ xifp oy Stig bifeg INSPECTOR'S NAME (PLEASE PRINT)” ER EE fred 4G ff INSPECTOR'S SIGNATURE - pager ae {TITLE TITLE, . 1 ea — o OFFICE TELEPHONE 1° oy Revised 5.15/96 GF BUSINESS AND} tels and Restaurants j 677/197 FESSIONAL REGULATION é urlered f SE _BHIBITB AL NOTICE FOOD SERVICE INSPECTION REPOR PS Sone nos | CNSEe wan ~ i- > Catering » eit SHARK Paclinys tbe) OS AUS hy Hs BI SUCESS SAME a7 - — 1°. - Theme Park, . Ae / CAB bn we! Food SDDRESS Wea Temp. Assoc. cry if Ab ihe ZIP 1Oprinnal w/Perm. Est. General @ Seating No. of Seas 10 INSPECTION REASON 1 @ Routine See reverse side for explana HS 14 23 ast 18 24 Ria ¥ 16 25 eats 17 26.8 sofa 05 76 ART 16 19 wie 2B ae SEE ici] val eE 3 02> Complaint Information Epidemiological DISPOSITION 6 @ Pending m2 HACCP INSPECTION suspen INSPECTION RES! ANY VIOLATIONS noted herein must be corrected by the NEXT ROUTINE INSPECTION WARNING: Violations in the operation of your establishment musi be corrected by: x n 5 loaf oul 2-93 oY ,, Tin 4A TRATIV ORSINI! Sanitizing Cencentaton Tow a Sanitizing Temperature 4-£t: - degrees F. ppm COMMENTS REMINDER: Your license expires_/C_ {f) tae faspdetar s Nome t PLEASE PRINT, na vide (LE EXHIBIT B i BES DEPART.tENT OF BUSINESS AND PROFisSIONAL REGULATION Division of Hotels and Restaurants Control Number 2? 2 oss 75 FESS AS) COMMENTS SHEET 8 Bop 2 -015. 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Docket for Case No: 05-002846