Feb 25 2008 11:07 2068 11:02 aan | DBPR OGA @ PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 'EPARTMENT OF BUSINESS AND -ROFESSIONAL REGULATION Patitioner, . Licenge No. 3911306 “UEVO CAFE Respondent License Type 2010 pon / nt Casa No, 2007059537 ADMINISTRATIVE COMPLAINT ye DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND “ESTAURANTS, ("Petitioner’), filas this Administrative Complaint against NUEVO CAFE, (‘Respondent’), and ay: : 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. Respondent is,.and has been at all timas material hereto, licensed by or subject to the Juriadiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 3301 S DALE MABRY HWY, TAMPA, FLORIDA 33629.The mailing address of record Is NUEVO CAFE, at 3301 S DALE MABRY HWY, TAMPA, FLORIDA 33629. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the pravisions of Chapter 5089, Flarida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The viclatlon(s) found and applicable law are described in Exhibit "A," attached hereto and incorporated herein by reference. Inspection documents ara attached as Exhibit ”B", incorporated herein by reference. » HEREFORE, Petitioner respactfully requests entry of an Order impasing one or mora of the following onalties; administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's «pense at an educational program sponsored by tha Departmant's Hospitality Education Program; -spension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rallef -catharized by Chapter 509, Florida Statutes, or tha rules promulgated thareto. Signed Octaber 30, 2007 By delegation of the Director, or d6signee Division of Hotels & Restaurants Department of Business & Profassional Regulation ’ DUNSEL FOR THE DEPARTMENT: ‘ tarles F. Tunnicliff, Lead Attomey ‘onda Bar No. 0153831 {apartment of Business & Professional Regulation 240 North Manroe Street allahassee, Florida 32399-1007 CERTIFICATE OF SERVICE «YY CERTIFIED U.S. MAIL, ARTICLE NUMBER: {EREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been "ind served d by meonthls____ day of , 2007 Recalved by: ‘ -spector’s Signature Operator's Signeture ‘tle Title 1 «ga Numbar: 2007059537 Fila Number: 207386 Dlatrict Number. 03 . Form revised 07.07.07 * ceanss Number, 3911308 2010 "JEVO CAFE . 03/06 B2/. Feb 25 2008 11:08 2088 11:02 ma’"@ DBPR OGA @ PAGE t chlbitA 1. sense Number: 3911306 . { :sense Type: 2010 PERMANENT FOOD SERVICE ( ase Number: 2007059537 : ‘C" as cited herein references specific provisions of the Food Code, Recommendations of the United States 1 Jblic Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative < ode. ‘NFPA" as cited herein references specific provisions of the National Fire Protection Association Life ‘ afety Code, incorporated by refarance et Chapter 4A-3, “Fire Prevention, Ganeral Provisions’, Florida + iministrative Code, and 61C-1.004(5), Flarida Administrativa Code. denotes a critical vialation. ‘1 alleged that on March 15, 2007, August 20, 2007, October 21, 2007 the licensee was in violation of Florida : tatute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code \ AC), in the following particulars. Copy(s) of tha report(s) for the above referenced inspectian(s) are attached -erato and incorporated by reference as Exhibit B. 1,.02-22-1 3-501.17(A)FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, \ EFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELDINA- : .)OD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE O4TE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR 'SCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 | SGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL 1 COUNTED AS DAY 1. : : + BADY TO EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 +OURS NOT PROPERLY DATE MARKED. OBSERVED 3/15/07 AND 8/20/07. . - 2.0BA-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPEGIFIED IN PARAGRAPHS (B) “ND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE © 90D: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR :THER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES NO WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE T HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED ‘EVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR ANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN ND NOT EXPOSED TO FLOOR MOISTURE. ©BSERVED FOOD STORED ON FLOOR. OBSERVED 3/15/07 AND 8/20/07. 3. 10-01-1 3-304.12(A) AND (B) FG:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, 20D PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (A) EXCEPT AS SPECIFIED .NDER PARAGRAPH (B) OF THIS SECTION, IN THE FOOD WITH THEIR HANDLES ABOVE THE TOP OF : HE FOOD AND THE CONTAINER; (B) (N FOOD THAT IS NOT POTENTIALLY HAZARDOUS WITH THEIR #ANDLES ABOVE THE TOP OF THE FOOD WITHIN CONTAINERS OR EQUIPMENT THAT CAN BE _LOSED, SUCH AS BINS OF SUGAR, FLOUR, OR CINNAMON; iN-USE UTENSIL IN NON-POTENTIALLY HAZARDOUS FOOD NOT STORED WITH HANDLE ABOVE | OP OF FOOD WITHIN A CLOSED CONTAINER. OBSERVED 3/15/07 AND 8/20/07. . 4.21-12-1 3-304.14(B)(2) FC:; (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET .ND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(D), STORED IN A CHEMICAL SANITIZER -T ACONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM - OOD-CONTAGT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. VET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES, OBSERVED 3/15/07 AND 8/20/07. -ase Number: 2007089837 File Number: 207396 District Number: 03 . . Form revised 07.07.07 ioansé Number: 3811308 2010 ‘NUEVO CAFE 04/66 Feb 25 2008 11:08 O2/. /2888 11:82 8504146749 DBPR OGA 5. 25-05-1 4-903.11(C) AND (D) FC: (C) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE ‘.!ORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE (-3IGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD FP OTECTION FROM CONTAMINATION UNTIL USED. (D) ITEMS THAT ARE KEPT IN CLOSED P.sCKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, k.ACKS, AND SKIDS THAT ARE. DESIGNED AS PROVIDED UNDER SECTION 4-204. 122. (4SERVED SINGLE-SERVICE ARTICLES IMPROPERLY STORED. OBSERVED 3/15/07 AND 8/20/07. * 6,32-16-1 6-301.14ZFC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR (OUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE 1 WELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (| .A HEATED-AIR HAND DRYING DEVICE. AND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. OBSERVED 3/15/07 AND 8/20/07. 7. 37-02-1 61G-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL. COMPONENTS, ATTACHMENTS AviD FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. C4SERVED HOLE IN WALL, STORAGE AREA, OBSERVED 3/15/07 AND 8/20/07. * B.45-145-1 NFPA 10, 4.3.2.2: A PLACARD SHALL BE GONSPICUQUSLY PLACED NEAR THE |. TINGUISHER THAT STATES THAT THE FIRE PROTECTION SYSTEM SHALL BE ACT! IVATED PRIOR ~) USING THE FIRE EXTINGUISHER... . NO PLACARD PLACED NEAR CLASS K PORTABLE FIRE EXTINGUISHER STATING THE FIRE SUPPRESSION SYSTEM MUST BE ACTIVATED PRIOR TO USE OF THE PORTABLE EXTINGUISHER, O8SERVED 3/15/07 AND 8/20/07. . 9. 47-06-1 61C-1.004(11) FAC:: ELECTRICAL WIRING. TO PREVENT FIRE OR INJURY, : FECTIVE ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD PAIR, NO EXTENSION CORDS SHALL BE USED EXCEPT DURING CLEANING, MAINTENANCE AND ©°HER TEMPORARY ACTIMTIES. ONLY A WALL SWITCH OR APPROVED PULL CORD SHALL BE } | RMITTED IN BATHROOMS. IN ACCORDANCE WITH THE PROVISIONS OF NFPA 70, THE NATIONAL F ECTRICAL CODE, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 4A-3, + 4C, UNIFORM FIRE SAFETY RULES AND STANDARDS, SUFFICIENT ELECTRICAL OUTLETS SHALL 1) PROVIDED. O8SERVED EXTENSION CORD IN USE FOR NON-TEMPORARY PERIOD. OBSERVED 3/15/07 AND B-20/07.. - an 10. 51-11-1 61C-1 004(9)(D) FAC: (D) CARBON DIOXIDE AND HELIUM TANKS SHALL BE + JEQUATELY SECURED SO AS TO PRECLUDE ANY DANGER TO SAFETY, CARBON DIOXIDE/HELIUM TANKS NOT ADEQUATELY SECURED. OBSERVED 3/15/07 AND 8/20/07. 11.53A-20-1 509,039 FS:: ALL MANAGERS EMPLOYED BY AFQOD SERVICE ESTABLISHMENT JST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE » TESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS 4E REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, - 3EPARATION, DISPLAY, AND SERVING OF FOCDS TO THE PUBLIC SHALL HAVE PASSED A : ERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF | JOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO “JCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BEISSUEDA — | ERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS 20M THE DATE OF ISSUANCE; AND 61G-4.023(1) FAC: EACH LICENSED ESTABLISHMENT SHALL ~ AVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL ' ©RIODS OF OPERATION. ‘ MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION, UNABLE TO VERIFY A CURRENT “ERTIFIED FOOD MANAGER FOR THE ESTABLISHMENT. aga Number: 2007059537 File Number: 207386 District Number, 03 Form revised 07.07.07 aante Number: 3011308 2010 *. JEVO CAFE PAGE 05/86

Docket for Case No: 08-000996