as” Os & eo STATE OF FLORIDA ea & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION y) a y “> “fy DIVISION OF HOTELS AND RESTAURANTS ly e) £ “Ah DEPARTMENT OF BUSINESS AND thio, y, PROFESSIONAL REGULATION “Alig 73 a) “Ss on Ty Eo aks eP Petitioner, : ht “7 * OS’ ane? ALESS} CAFE License No. 2326580 Respondent. License Type 2010 Permanent Food Service Case No. 2004046383 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ALESSI CAFE, (“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 158 HIALEAH DR, HIALEAH, FLORIDA 33010.The mailing address of record is ALESSI CAFE, at 158 HIALEAH DR, HIALEAH, FLORIDA 33010. 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 October 11, 2004 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 9444 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2004, Received by: Inspector's Signature Operator's Signature oe Title Title Case Number: 2004046383 Form revised 9/8/04 License Type: 2010 Permanent Food Service District Number: 01 - License Number: 2326580 ALESSI CAFE License Number: 2326580 License Type: 2010 PERMANENT FOOD SERVICE Case Number. 2004046383 Exhibit A "EC" as cited herein references specific provisions of the 4999 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. \tis alleged that on July 7, 2004 August 34, 2004, and October 7, 2004, 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. * 4,45-06.1 NFPA 10, 1-5.3 & 3-5 [HIGH] HAZARD LOCATIONS CONSIST OF COOKING AREAS. [THESE LOCATIONS SHALL BE NFPA PROTECTED BY THE INSTALLATION OF PORTABLE FIRE EXTINGUISHERS WITH A MINIMUM RATING OF] 40BC PROVIDED WITHIN 30 FEET OF THE HAZARD. OBSERVED NO 40BC OR K CLASS EXTINGUISHER LOCATED IN COOKING AREA INSTALLED PRIOR TO JANUARY 1, 2002. * 2530-01 509.039 FS & 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 FOOD SERVICE MANAGER NOT CERTIFIED AFTER 90 DAYS OF EMPLOYMENT. THE MANAGER IS MARIA HERNANDEZ. * 3.53B-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 TO 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 ACERTIFIED 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. * denotes critical violation Exhibit A Case Number: 2004046383 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 2326580 OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING . THE EMPLOYEE IN VIOLATION IS JOSE HERNANDEZ. : * denotes critical violation Exhibit A Case Number: 2004046383 ‘ Page 2 License Type: 2010 PERMANENT FOOD SERVICE : License Number: 2326580

Docket for Case No: 05-003772