Feb 16 2009 =9:19 62/16/2469 14:1 8564146 : 6 6 4146749 IBPR OGA PAGE 63/17 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 2327598 OLANCHITO RESTAURANT Y CAFETERIA Licanse Type 2010 Respondent. Case No. 2007059411 ADMINISTRATIVE COMPLAINT, The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OLANCHITO RESTAURANT Y CAFETERIA, (Respondent), and says: 1. Patitioner 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, licansed by or Bubject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of tacord is 2148 NW.17 ST, MIAMI, FLORIDA 33142.The mailing address of record is OLANCHITO RESTAURANT Y GAFETERIA, at 2148 NW 17 ST, MIAMI, FLORIDA 33142. 3. Inspection of this establishment conducted pursuant to Sec, 509,032, Florida Statutes, revealed violations of the provisians of Chapter 509, Florida Statutes, and / or the rules pramulgated therato 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 tha 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, suspensian, 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 29, 2007 Shannie Kallas, District Manager By delegation of the Directar, or designee Division of Hotels & Restaurants Departmant of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunniciiff, Laad Attamey Florida Bar No, 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32398-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74180 3801 9849 8961 | 3537 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2007. hand served by me on this day of Recelved by: Inspector's Signature: Operator's Signature Title Title Case Number, 2007059411 _— File Number: 192020 District Number, 07 Litense Number, 2327508 2010 Form revised 07.07.07 OLANCHITO RESTAURANT Y CAFETERIA Fi . @2/16/2889 16:16 98584146749 DBPR OGA ep 16 2009 8 PAGE 4/17 Exhibit A License Number: 2327598 License Type: 2010 PERMANENT FOOD SERVICE Case Number, 2007059411 "EC" as clted herein referances specific provisions of the 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 Cade. "* denotes a critical violation. Itis alleged that on July 16, 2007, and October B, 2007, the licensee was In violation of Florida Statute 509(FS) and/or the Rutes of the Divislon of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above refaranced inspection(s) are attached herate and incorporated by reference as Exhibit B. " 4.02-43-1 3-603.114 FC:: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. . (A} EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.1 4(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW. UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT {N ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIF| CANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (GC) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (B) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS),” "RAW-EGG CAESAR SALAD," AND “HAMBURGERS (CAN BE COOKED TO ORDER).” OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS (C} REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. CONSUMER ADVISORY FOR RAWIUNDERGOOKED ANIMAL PRODUCTS NOT PROVIDED. * 2.0BA-28-1 3-305 11 FC: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE !7 IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION, AND (3) AT LEAST 8 INGHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (C) PRESSURIZED BEVERAGE CONTAINERS. CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON THE FLOOR. Case Number: 2007058411 File Number. 192020 Diatrict Number. 01 License Number, 2327598 2010 Forn revised 07.07.07 OLANCHITO RESTAURANT Y CAFETERIA Feb 16 2009 9:20 82/16/2889 18:16 8504146749 DBPR OGA : , PAGE 25/17 * 3,32-15-1 6301.14 FC AND 641C-1.004(2)(C) FAC:: HANDWASHING SIGNAGE. ASIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES' AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES’, NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES. HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. 4,538-08-1 509,049 FAC; 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 DESGRIBEO 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 14, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFIGATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED, Case Number; 2007058417 Fila Number; 182020 District Number: 01 Licanes Number. 2327598 2010 Form reviaed 07.07.07 OLANCHITO RESTAURANT Y CAFETERIA

Docket for Case No: 09-000848