Jul 24 2007 13:05 ar/2d/2087 13:68 8584146749 DEPR OGA PAGE 85/18 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, . vs. License No. 2317904 EL NUEVO CAFE dent License Type 2010 espon Case No, 2007020958 ADMINISTRATIVE COMPLAINT The DEPARTMENT CF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Fetitioner”), files this Administrative Complaint against EL NUEVO CAFE, (“Respondent”), and says: 1. Petitioner is the state agericy 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 ls, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotets and Restaurants. The respondent's business address of record is 2100 NW 19 AVE, MIAMI, FLORIDA 33142.The mailing address of record Is EL NUEVO CAFE, at 2100 NW 19 AVE, MIAMI, FLORIDA 33142. 3. Inspection of this establishment conducted pursuanl 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 documertts are attached as Exhibit “B’, incorporated hereln by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative flne 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 April 05, 2007 Shannie Kallas, Distri¢t 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 Oepartment of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 71603901 9849 2113 1436 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has bean hand served by me on this day of . 2007. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2007020958 District Number: 04 License Number 2517904 2019 Form revised 10.10.06 EL NUEVO CAFE Jul 24 2007 13:05 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 46/18 Exhibit A License Number: 2317904 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007020958 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61¢, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4f-%, Fire Pravention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on January 10, 2007, February 12, 2007 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 follawing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. “ §4.09-051 3-501.17(A)FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH {D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW. (1}41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON-SITE AND FROZEN NOT PROPERLY DATE MARKED, * 2,05-09-1 4-204.112 FC:; (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B} EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOGATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C}) PARAGRAPH (8) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOTA PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN. TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E} FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO CONSPICUQUSLY LOCATED THERMOMETER IN HOLDING UNIT. * 3. 0BA29-1 3-302.11(A\4) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNITIDRY STORAGE AREA. 4.43-03-1 2-402.11 FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR * denotes critical violation District: 01 Case Number: 2007020958 License Type: 2010 License Number: 2317904 File Number: 176565 EL NUEVO CAFE en Jul 24 2007 13:05 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE @7/1e Exhibit A COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES' SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES, OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. 5. 14-51-1 4401.11 FC: CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE, CORROSION- RESISTANT, AND NONABSORBENT; (C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING: (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION, AND DECOMPOSITION. OBSERVED NONFOOD GRADE CONTAINERS USED FOR FOOD STORAGE. THE CONTAINER BEING USED TO STORE LETTUCE. 6.15-30-1 4-107.111 FC: ~NONFOOD-CONTACT SURFACES, NONFOOD-CONTACT SURFACES OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. OBSERVED SHELVES IN WALK-INS NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-OBSOREENT, SMOOTH AND EASILY-CLEANABLE, 15-31-1 4-501.11(A) AND (B) FC:; GOOD REPAIR AND PROPER ADJUSTMENT, (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS. : OBSERVED NONFOOD CONTACT EQUIPMENT IN POOR REPAIR. WALKIN COOLER FANS MISSING VENT COVERS. ‘ 7, 29-09-1 5205.19 FC:: SYSTEM MAINTAINED IN GOOD REPAIR, A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR. OBSERVED FAUCET/HANDLE MISSING AT PLUMBING FIXTURE. 3-COMPARTMENT SINK. * 6830-02-14 5-203.14 FC: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PREGLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE BIBB IF A HOSE (S ATTACHED OR ON A HOSE BIBB IFA HOSE IS NOT ATTACHED AND BAGKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED VAGUUM BREAKER MISSING AT HOSE BIBE. * 9,32-05-1 61C-1.004(2MA) FAC: (2)(4) BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. OBSERVED BATHROOM FAGILIY IN DISREPAIR. HANDSINK IN LADIES RESTROOM. 4 3215-1 6301.14 FG AND 61C-1,004(2(C) FAG: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL * denotes critical viglation District: 01 Case Number: 2007020958 License Type: 2010 License Number: 2317904 File Number: 176565 EL NUEVO CAFE Jul 24 2007 13:06 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 8/18 Exhibit A HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’. OBSERVED NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEEES. RESTROOMS. : * 10,35B-04-1 6-202.45 FG: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1 ) SOLID AND TIGHT-FITTING; (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE 80 THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF ALARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. (£) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. OBSERVED OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION. * 35B-15-1 616-1.004(6) FAC: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED SCREEN DOOR TORNIIN POOR REPAIR. * 41,45-39-1 NFPA 10, 1.5.10:; FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 LB SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER 18 NOT MORE THAN 5 ET ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB (EXCEPT WHEELED TYPES) SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 3% FT ABOVE THE FLOOR. IN NO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 IN. OBSERVED PORTABLE FIRE EXTINGUISHER NOT PROPERLY MOUNTED AT LEAST FOUR INCHES OFF THE FLOOR AND THE TOP NO HIGHER THAN FIVE FEET OFF THE FLOOR, * 4248-134 NEPA96, 12.1.2.4: ALL DEEP FAT FRYERS SHALL BE INSTALLED WITH AT LEAST A 18-INCH SPACE BETWEEN THE FRYER AND SURFACE FLAMES FROM ADJACENT COOKING EQUIPMENT. OBSERVED DEEP FAT FRYER INSTALLED WITHOUT 16-INCH SEPARATION FROM OPEN FLAME. * denotes critical violation Olstrict: 01 Case Nurnber: 2007020958 License Type: 2010 License Number: 2317904 File Number: 176565 EL NUEVO CAFE Jul 24 2007 13:06 a7/2d/2an7 13:88 8584146749 DEPR OGA PAGE 89/18 Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS EX H wow. myflorida.com/dbpr | B j qT B CALLBACK INSPECTION REPORT LEGAL NOTICE Fallura to comply with this Notice may initiate an administrative complaint that may result in suepansion or revocation of your Ilcenga and fines. 02/12/07 10:32 AM Warning au) 7904 SEAT Callback inspection Date and Time Inspection Reason License Number IDEAGORE ADMINISTRATIVE COMPLAINT 3056943293 Owner Name recammendad. Area Code/Telephane Number EL NUEVO CAFE Business Name Inspention Result 125 o4/10/2007 Number of Units Requested Callback Date/Time Initial Wareing Date Z100 NW 19 AVE MIAMI, 33142 Adelress / Citys State / Zip/ etc. Comments VAOLATIONS 534 & 538 TO BE IN COMPLIANCE BY 04/10/2007 he following Hem(s} have beer recommended for Adminiziralve Complaint: jolation: AB-13+1 jeep lat fryer Installed without 16-inch separallgh From open flame. Miolatlon; 45-39-4 portable fire extinguisher nol properly mounted at least 4 inches off the floor and the top no higher than 5 feel off the Agar. Notation: 36-15-14 Se ; Love! : 2n2a07 _ . Date Signature of Reciplent Inspector Signature Rocipient: FRANK FLEBES For further Information please contact: Leonardo Hernandez Tale MANAGER Ssnitation & Safety Specialiet 8685 nw Sard ter Phone: 305-324-4151 Sulte 111 Miami, Fl 33165 850-487-4395 DPR Form HR 5022-005 Jul 24 2007 13:06 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 18/18 ef KHIBMT B STATE OF FLORIDA, License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 2317904 DIVISION TELS AND RE: TS . OF ie fonds com “ws Business Name wow ; EL NUEVO CAFE Inspection Date CALLBACK INSPECTION REPORT 02/12/07 10:32 AM LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint that may result In suspension or favecation of your license and fines. beerved ecraan In door tarnfin poor rapalr. iglation; 2SB-D4-7 ier openings of aslablishment cannot bs properly soaled when nol in operation, lotatien: 33-4 4-1 issing draln plug at dumpster, Hotatlon: 32-15-1 io handwashing sign provided a1 a handsink used by fond employees. RESTROOMS jolation: 32-05-4 Dbserved bathroom lecllity in disrepair. HAND SINK IN LADIES RESTROOM Picarion: 30-02-1 acuum breaker mising at hese bibb. iotation: 258-1 ‘augetnandis missthy at plumbing Oxture, 3 COMPARTMENT SINK iglation: 15-317 peered nonfeod-contact equipment in poor repair, WALKIN COOLER'S FANS MISSING VENT GOVERS Hokglton: 1530-1 helves in walk-ins nol cengtnictad of materials that are corasion resistant, non-absorbent, smooth and easily clasnable. iolation; 14-57-1 bserved nosfood-prade containers used for lood storage, CONTAINER BEING USED TO STORE LETTUCE Rolationy 1303-1 bsarved émployed will no hale restesint lolstion: O8A-29-4 erved Uncevered food in holding unit/dry storage area, olation; G5-09-1 jo conspicuausly loveted thermomelér In Molding unt, OBPR Form HR 5022-005 Jul 24 2007 13:07 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 11/18 ros EXHIBIT B STATE OF FLORIDA Ligense Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 2317804 THVISION OF HOTELS AND RESTAURANTS Business Name www. myflorida.com/dbpr ELNUEVO CAFE inspection Date 02/12/07 10:32 AM CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative complaint thal may result In suspension or revocation af your ficense and fines. jalation: O2-05-+ beerved rendy-l.eat, potentisily hazardous (ood prepated on-site and [rozen not property date marked. ha follewing leen{s) have been recomm ended far Other Action: folaon: 53B-O8-7 io proof of required amptayae baining provided. AU punlle food service establishments must provide the division with proof of employes training upon request, ineivding, but at limited to, at the Ime of any division inspaction of the establishment. Pro iotation: BA-O1-1 anager lacking prnot pf Food Manager Cortifieatlon. he follwing lteam{s} are in compliance: jolation: 51-48-4 ja copy of latest Inspection report. lolattor: 45-35-41 ayrent hood fite suppression syslem inspection reper avallablo, jolation: 45-13-41 9 proof of head cleaning performed by claening service. Aclation: 40-01-1 suttable facilities provided ta store employee clathing and other possessions. jolation: 37-06-41 bserved wall solled with accumulatad grepse. KITCHEN AREA nolation: 32-04~1 athroomt net enclosed with tight-Niling, sell-ciosing doors. folaton; 32-03-4 ack of elgnage propery designating bathrooms. lofation: 31-08-1 DSPR For HP 5022-005 Jul 24 2007 13:07 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 12/18 STATE OF FLORIDA Poof H [ B i} B Ucense Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 2317904 DIVISION OF HOTELS AND RESTAURANTS Business Name wenw.mnyflorida.com/dbpr EL NUEVO CAFE Inspection Date 02/12/07 10:32 AM GALLBACK INSPECTION REPORT LEGAL NOTICE Faure to comply with thie Notice. hay initiate an administrative complaint hat may reeult in suepension oF revocalion of your liconse and fines. nd sink missing in food preparation ragm or area. IN THE KITCHEN AREA jotatton; 34-17-41 and sink missing al dishwashing maching of afoa, 3 COMPARTMENT SINK &Y FRONT COUNTER AREA WHERE EMPLOYEE'S WAREWASH jolation: 21-72-1 let wiping cloth not stared in saniilzing safutlon between uses. falalon; 204-09-1 hlorine sanitizer not al proper minimum strength for manual warewashing. rotation: 17-03-1 aek of use of chartice! jest kit when using chemical sanitizer at thrae-comparimant sinkwarewnshing machine, falaVion: 15-34-1 bserved nonfaed-conlact aqulpMent In poor repalr, WALK IN COOLER'S DOOR DOESN'T CLOSE PROPERLY fabian; 1528-4 (ood filters are nO ight-fiting and femty bald in place - leaving apen spaces. jolation: 14-37-17 served cutting board groovedipiiied and te longer elegnable. fialation; 12A-22-1 served food employee touching rasdy-to-eal food with thelr bare hands and tha establishment has no approved Alremative Operating Procedure. bation; 1a4- 16-7 served employes engage in food preparation, handle clean equipment or wiansils, ot iouch vnwrepped single-strvice ema, without washig hands. Miolation: OBA-28-1 loosened food stored an floor, iolation: OBA-2G+4 hserved raw animal food stored var raady-to-pat food, lolation; 05-08-4 jie thermpmeler provided 19 measure tamperature of food product. L DBPA Form HR 5022005 Jul 24 2007 13:07 ar/2d/2087 13:68 8584146749 DEPR OGA PAGE 13/18 Pagerfy + i el STATE OF FLORIDA License woe y Hie Tf DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 2917904 " DIVIGION OF HOTELS AND RESTAURANTS Business Name www. myflorda.com/dbpr EL NUEVO CAFE CALLBACK INSPECTION REPORT Inspection Hate LEGAL NOTICE O2M207 10:32 AM Fallure to comply with this Notice may initiate an edministrative complaint that mey result in suspension or revacation of your license ard fines. jolatian: O24-07-7 served potentially hazarious food cold held at greater han 41 degrees Fanrenhell. RAW POULTRY AT ROOM TEMPERATURE Corrected On Sita. folation: 02-13-1 aquired consumer advisory forrawtundercacked animal food not provided, lolavion: 02-73 consumer advisory on rawunderenoked antma products L_ | DBPR Farm HR 5922-005 Jul 24 2007 13:07 a7/2d/2an7 13:88 858414 6749 DEPR OGA PAGE 14/18 Page 4 STATE OF FLORIDA a raTintes DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION EX MiG { ] B DIVISION OF HOTELS AND RESTAURANTS u www ityflorida.convdbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notices may initiate an administrative complaint that may result In suepensian or revocation of your icanse and fines, Q1/10/07 O1:08 PM Routine 2017904 SEAT Inspection Date and Time Inspection Reason License Number IDFA CORP | WARNING: Owner Name ‘folations In the operation of your esteblish 3056943293 EL NUEVO GAFE “by: Area Code/Telaphone Number Business Name Ingpection Result . 125. 02/10/2007 08:00. AM 01-OCT-07 Number of nits Callback DateTime License Expiratian 7100 NW 19 AVE MIAMI, 33142 Address / City / Stale / Zip / etc, Hem 03: Food Temperatures, lem 53a; Can. Food Managers Iter 20; Warewashing Sanitization | Item 45: Fire Extinguishers and Fire A Clans ABC type Fire Extinguisher, (ung frat dining ranm has 4 Geetllicallon date of O4/2008 A Sood Supprescton type Fire Getinguisher, *Sanitizer Type: Chlorine found at concentration of 0 PPM, “Dautliry, Kichen, 8S Ongrees F. Beef, steam lobleafosin marie, 186 Degrans F. Pastaiies, ston tablea/opin mari, 10 Degrrnt F. Park, sioamn taben/onin mina, 157 Depeses Fi Beet, walk In cooler, 37 Ongress F, hovnes lever iiichan hes 7 ceifieanon dete of 1rZ008 A Clans K type Fiey Extinguisher, found iat Michenhas a centifestion data of 10/2008 Ege, walk in cogter, 39 Dngites F. Poutry, walk In cooler, 38 Dagreca F. Plant foods, walk In redler, 09 Dagrots F. _——_t NOTE: lteme marked above with an asterisk (*) indicate a violation Inspector's Comments IOLATIONS §3A LACK OF FOOD MANAGER CERTIFICATE & 538 NO PROOF OF REQUIRED EMPLOYEE'S TRAINING TO BE JN COMPLIANCE Sy 04/10/2007 ALL OTHER VIOLATIONS TO BE IN COMPLIANCE BY 02/10/2007 | acknowledge recelpt of this inspection form and comments. ee ig fra on Seo Le 01-10-07 Date Signature of Raciplent Inspector Signature Reciplent: MAGDALENA RODRIGUEZ For further Information please contact: Title Pic Leonardo Hemendez Sanitatlon & Satety Specialist 8685 nw Sard tat Suite Phore: 305-324-4151 850-487-1305 BOURCE STATUS FHF TEMPERATURE CONTROL 01a Approved sures “032 Cold food at proper ternperatures during starage. display, service, “O1b Wholesome, sound condition “02 Criginal contalner, properly labeled, date marking 02-11 Consumer advisory on rawlundergooked oysters “92.13 Consumer advisory on raw/undercouked animal NOD “05 Thermometers provided and congplcvgusly placed tou '0g Potentially hazardous foods properly, thawed Violations marked with an astertsk are critical violations, hems marked tM are In compliance, (lems Marked OLIT are viotatlons. Specitic detalls of violation ari listed on [*03b Hot food at proper temperature "0S Foods proparly coaked/rehested “03d Foods property cooled *O4 Facilities to maintain product taniperstyre DPR Form HR s022-016 ar/2d/2087 13:68 8584146749 LEGAL NOTICE DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS ww. myfiarda.com/dopr FOOD SERVICE INSPECTION REPORT Jul 24 2007 13:08 PAGE 15/18 Page 2 ‘ta License Number EXHI BIT B SEAT 2317904 Business Name EL NUEVO CAFE ‘ Inspection Date o1ov07 41:08 PM Fallure to comply with this Notice may Initiate an administrative complaint that may result In suspension or revocation of your lleanee and fines. | STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL In OF Unwrapped or potentially hazardous food not ré-served ut 33 Centainers covered, adequate number, insect and radent| Out "08a Food protection during storage, preparation, display, praof, emptied at proper intervals, clean service, vanspanation 34 Ouiside storage area clean, enclosure properly In Hngh Crogs-contamination, equipment, parsonnel, storage jconstructod tg8e Potential for cros$-contamination; slorage practices, TU __ INSECT AND RODENT CONTROL _ damaged food sagregated M359 Presence of insects/rodents, Animats prohibited In "09 Foods handled with minimum contact +35b Quier openings protected from ingects, rodent proof 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL 36 Floors properly constructed, clean, drained poved In +14 Personnel with infactions restricted Ou 37 Walls, ceilings, and attached equipment, constructed, Out "(2a Hands washed and clean, good hygienic practices clean {observed), alternative operating plan wided as required, Fixtures shlelded wa "12> Proper hygienin practices, ealing/drinking/smoking 39 Rooms and equipment - vented as required (evidence) STATUS OTHER AREAS Out 19 Clean clothes, hair restraints, Out 40 Employee lackers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS. Jn *41a Toxic hems properly stored : Sut 414 Food contact surfaces designed, constructed, In 41 Toxic items labeled and used property maintained, installed, located 42 Premises maintained, free of liter, unnecessary articles, out 15 Non-food contact surfaces desiqned, constructed, Cleaning and maintenance equipment properly stored, maintained, installed, localed Kitchen restricted to authorized personnel 16 Dishwashing facililics designed, constructed, operated 4, Wash 2, Rinse 3, Sanitize 143 Complete separation from llving/sleaping prea, iaundr 44 Clean and soiled linen seqragated and properly stored "17 Thernomaters, gauges, lest kits provided STATUS SAFETY 18 Prefiushed, scraped, soaked Out +45 Fire extinguishers - proper and sufficiant 19 Wash, inse water clean, proper temperature 46 Exiting system. adequate, good repair 20a Sanilizing concentration +47 Electrical wiring - adequate, good rapalr *20b Sankizing temperature "48 Gas appliances - properly Inslallad, maintained 21 Wiping cloths clean, used properly, stored "49 Flammable/combustible materiats ~ propertly stored: “22 Food contact surfaces of equipment and utensils clean GENERAL 23 Non-food contact surfaces clean *50 Current ficonse properly displayed |24 Storsqa/handiing of clean equipment, utensils §1 Other conditions sanitary and safe operation SINGLE SERVICE ARTICLES 25 Service tems properly stored, handled, digpensed. 26 Single service articles not re-used STATUS *52 False/misieading statements published or advertised “53a Food management certification valid . WATER AND SEWAGE/PLUMBING “97 Water source sale, hot and cold under pressure 536 Employee training validation, 54 Florida Clean Indoor Air Act 26 Sewage and waste water disposed properly relating te food/meversge 55 Automatic Gratuity Notice desighed, Installed “97 Restrooms wilh self-closing doors, fixiunes operate properly, facility clean, supplied wilh handsoap, disposable towels or hand drying devices, tissue, covered waste Out 29 Plumbing installed and malntained of Chapter 509, Florida Statutes, available Out "39 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES 57 Hospitality Edusation Program Information provided Out 94 Tollat and handwashing facilities, number, convenient, Total Number of COS Vialatlons: 1 Total Numbar of Repeat Violations: Violations marked with an asterisk ate critical violations. Hems subsequent pages, lems marked NVA ara Not Applicable. Naris DBPR Form Hf $022-015 marked IN ara Ih compliance, tems Marked QUT are violations. Specific datnita of violation ore iisted on Marked as N/O are Not Observed, and were not belng conducted al the time of inspection. Jul 24 2007 13:08 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 16/18 Page 3 Ee BS ft DYE STATE OF FLORIDA He Noe a”, BHT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Busi Na DIVISION OF HOTELS AND RESTAURANTS. eines Boe. ewe enytigrieia.com/dspr EL NUEVO CAFE FOOD SERVICE INSPECTION REPORT FE oe oe BO? 01:06 PM LEGAL NOTICE ; Failure to comply with this Notices may initiate an administrative complaint that may result In suspension or ravocation of your license and fines, Vielation(sh 538-08-1:No proof of required employes tralning provided. All public. Jood service egtablishments must provide the division with prosf of employee training upon request, Including, out not limited to, at the Hine of any division inspection of the establishment. Pro 53A-01-1:Manager lacking proof of Food Manager Certification. REFERENCE TEXT: 509.039 FS and 61C-4.023(1) FAC: All manageré employed bya food sorvice establishment mus heave passed [the food service manager] test phd recoived a certificate aitesting therain. Managers have a period of 80 days after amployrnent le pasa the raquired test. All managers who are responsible for the alorage, preperation, display, and serving of foods ta the public shal) have peascd 0 certification tes! approved by tha division demonstrating a basic krewledge of food protection Practices a4 adopted Ih this chapter. Those managers who succes(ully pags an approved carliflcalion examination shall bp issued a certificate by tha cenilying orgenization, which Is valid for 8 petied of five years from the date oF Issuance. 45.30-1-Portable hte extinguisher net properly mauinted at loast 4 inches off the floor and the top no higher than & feat off the floor. 29,09-1-Fautevhandie missing at plumbing fixture. 3 COMPARTMENT SINK OBA-28-1:Observed faod stored on floor, 05-09-1:No conspicuously located thermometer in holding unt. §1-48-1:No copy of lalas! Inspection report, REFERENCE TEXT: 81-5 509, 101(1} FS and 61G-7,002(8)(¢) FAC: Any operator of a pubic ipod service establishment shell mainiain the toleel food serviee Inspection report or a duphicnte copy on premises and shall make if avallabla to the public upon request, The operator of pach public toad service astablighment shall tnaintaln the latest Incpectlon sport on praises and shell make tl avaliable to any consumer who eps fo se It. 12A-16.1:Cibserved employes engage in food proparation, handla clean aquiamini or ulensils. of touch unwrapped single-service Items, without washing hands. 21 -0%-4-Hand sink missing at dishwashing machine ear area. 3 COMPARTMENT SINK BY FRONT COUNTER AREA WHERE EMPLOYEE'S WAREWASH 31-09-1:Hang gink missing in food preparation roar oF ares. IN THE KITCHEN AREA 45.48-1:No eurenl hood fre suppression system Inspection reporl avaliable. REFERENCE TEXT: NEPA 1, 13,75 and 10.2.2; Detailed records docurmenting al ystems and equipment testing and maintenance shall te kept by the preparty ewner and shat be made available upon request for review by tha AH, The SKJ shall be parmited to require the owner, operator, or occupant {0 provide teste or test raports, withoul oxpensi 10 the AH, 86 proof af compllanee wih the minal of this Gade, 44-37-:Obeerved cutting board grocved/pltted and no longer cleenable. 15-28- 1:Hond fillers are not tight-fitting and firmly held In place - leaving open spaces, 47-08-t:Lack of use of chemical test kil when using chemical sanitizer at three-compactment sinkAvnrewashing Machine. 4194-22-41 :Observed food omployee touching ready-to-ma! food with thelr bare hands and the agtoiiishment has 00 appraved Allernative Operating Procedure. 20A-08-1;:0Mlerine sanitizer of ef proper rinimum strangth for manuel warewashing, REFERENCE TEXT: 4-801.114(4) FG: Manualand Mechanica WAREWASHING EQUIPMENT, Chemical SANITIZATION - Temperatura, BH, Concentratin, and Hardness, Achantleal sanitizer weed ina SANITIZING soluwion fora manval or mechanical Operation at exposure times spaciiiad under Paragraph 4-703.11{C) shall be llgted In 21 CFR 178.1010 SANITIZING solutions, shall bo used in aecordance with the EPAAPPROVED manutacturer’s label use instructions, and shall be used 56 follows: (A) Achiorine solutlon shall have & minimym temperature based on the enncentravtion and pH of the solution os Hsted in the following chart [summorizad as follows; Minimum concentration 25 mgf. at 120 degrees Fahrenhelt water temparatute, pH 10 of less, 80 mg/L at 100 deprees Fahrenhalt water temperatura {pH 10 or lass) of 75 degree Fahrenheit (64 8 or less}; 100 mg/L ot 86 degrees Fehrentan water lamperature, pH 10 or less. | 0$-08-1:/No thermemelar provided to measure lemperatura of food product. D3A07-1:0nserved potentially hazardous food cold hal at grozter than 44 degrees Fabrenhelt, RAW POULTRY AT ROOM TEMPERATURE Gormeted On Sita. DBPR Form HR 5022-015 arf 24/2887 Jul 24 2007 13: 88 8584146749 DEPR OGA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS: wea. nyforida.com/cdbpr FOOR SERVICE INSPECTION REPORT LEGAL NOTICE 13:08 PAGE 17/18 Page d EVE IE my License Number ‘fs ieee B SEAT 2317904 ‘ Business Name EL NUEVO CAFE Inspection Date 01/10/07 01:06 PM Failure to comply with this Notice may initlate an administrative complaint that may result n suspension or revocation of your license and fines, REFERENCE TEXT; 3:501.16{A) FC: (A) Except during proparation, cooking, or cooling, or when the Is used as thé publi¢ health contral as specified under Section 3-801,19, and except as specified in Paragraph (B) of this section, potentially hazardous food shall be maintained: {1) Al 135 degrees Fahrenhalt or abave, except that roasts cooked to # lamperature and for a time specified in Paragraph 9-401 .1148) of r@haaiad as specified in Paragraph 3-403.11(E) may be held at & temperature of 130 degrees Fahrankalt orabove; or (2) Ata ternipetature specttied In the fallowing: (a) 41 degrees Fahrenheit or less, 27-06-17: Obrerved wall soled with accumulated grease, KITCHEN AREA 40-07-47 -No aultablo facilities provided fo store employes clothing and other possessions, 48-13-4:Dpep fat fryer instatlad withoul 16-inch separation from open Rame. OBA-28-1:0hserved uncovered food In holding unlt/dry storage aren, 45-21-1:Observed nontood-contact agliipmant In poor rapair, WALKIN COOLER'S FANS MISSING VENT COVERS 45°31-1 Observed nanfood-contact equipment In poor repair, WALK IN COOLER'S DDOR DOESN'T GLOSE PROPERLY CBA-26-1-Obgerved raw animal food slored over ready-to-eat (pod. 15-30-1:Shelees in walk-ing not constricted of macerials thal are corrasion Téesietan{, fon-absorbant, smooth and epelly cleanable. 30-02-1;Vaquum breaker mtising at hose bit. 35B-15-7:Obeerved serean In daot Ipenin poor repalt, 43561-04-7:Outer openings of establishment cannot be property sealed when not in aperatian. 44.03-1-Observed employee with no halr restraint, 44-S1-1;Obsetved nonfood-grade containers used for food storage. CONTAINER BEING USED TO STORE LETTUCE 352-04-7:Baihroom notanclasad with fighleliting, selFclosing doors. 32-06 Observed batiroom faciity In disrepair. HAND SINK IN LADIES RESTROOM 32-15-1-No hacdwashing sigh provided al @ handsink used by ipod amployres, RESTROOMS 89-444 Missing drain plug at duenpsier. 27-72-+-Wel wiping cloth not storad In sanilizing soliton belween uses, 32-03-tLack of signage properly designating bathrooms, 45-12-1-No pieot of hood elanning performed by cleaning garice, REFERENCE TEXT; NFPA 96, 11.4.12: When a vent cleaning service is used, B certificate showing date of inspection or cleaning shall be malniained on the premises. D2:05-1:Observed randy-to-aat, potentially hozardous food prepared onesita anc frozen nov properly date marked. O2-13;Corsumer advisory on raw/u indan-aaked animal praducts 02-12-T:Required consumer edvisary for rawhinderspoked animal food not provided, REFERENCE TEXT: -803.11 FG: Consumption of Animal Foods that are Raw, Undercooked, or No! Otherwise Processed to Eliminate Pathogens, (A) Except as specified In Paragraph 3-401,11(¢) and Subparagraph 3-401. 11{D)(3) and under Paragraph 3-801.14(C), If an animal food such a beet, eggs, fish, lamb, milk, pork, poultry, or shollfigh ig served oF sold rénv, undercooked, oF without otherwise being procesaed Io eliminsie pathogens, either In ready-to-mat form or ag an ingredient in another rasdy-to-aat Ined, te permil holder shall Inform consumers of the significantly increased riek of consuming auch foods by way of a diselosure and reminder, ae apecified In paragraphs (B) and (C) of this section, walng brechures, DBPR Form HR 5022-015 Jul 24 2007 13:09 arf2d/2aea7 13:88 8584146749 DEPR OGA PAGE 18/18 Page 5 Lieanse Number TATE Pers Sal pi geegioe SEAT 2317904 EX it BLT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 5. cinecs Nama DIMISION OF HOTELS AND RESTAURANTS EL NUEVO CAFE wow, myfloride.cam/dbpr FOOD SERVICE INSPECTION REPORT Inspection Date . LEGAL NOTICE O14 0/07 01:05 PM Failure to comply with this Notice may iniliate an administrative complaint that may result in suspension oF revocation of your license and fines. dell cage or menu advisories, abe! statements, table tents, placards, or other effective written means. (B) Disclosure shall inetude: (1) A deseription of (he animal-derlved foods, Buch as “oysters on the Holl shell (raw oysters),” “raw=cgg Caeser salad," and “hamburgers (can be conked to order):* ar (2} ldantificalian of the Bnitnel-darived Foods by astertking them fo a fnotnote that states thet the tems are served faw or undercadked, or contain (ar may contain) raw or undercooked Ingradionts, (C) Reminder shall Include astorisking the animal-derived fonds requiring dleclosure tp 8 footnete ihat states: 41) Regarding the safely of these hems, written information 1 svallablc upon request; (2) Consuming ree or underenoked meats, paullty, sanfood, shellfish, or eggs may increase your tisk of foodborne Minees: of (3) Consuming raw of underecoked maats, poultry, seafood, shellfish, of eggs may increase your Ask of foodborne liiness, especially if you have certain medieal conditions,” DEPR Form HA 5022-015

Docket for Case No: 07-003407