leafar/28e9 @4:15 8584146749 Oct $ 2009 9:33 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. . ALICIA COFFEE SHOP renee Type 200 Respondent. Gase No. 2008087056 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against AUCIA COFFEE SHOP, ("Raspondent’}, 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 1200 NW 22 ST, MIAMI, FLORIDA 33142-7738. The mailing address of record Is ALICIA COFFEE SHOP, at 1200 NW 22 ST, MIAMI, FLORIDA 33142-7738. on 3. ' Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisiona of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The victation(s) found and applicable law ara described in Exhibit "A," attached hereto and incorporated herein by refersnce. Inspaction documents are attached as Exhibit "B", Incorporated herein by reference. - WHEREFORE, Petitioner respectfully requests entry of an Order Imposing ane or more of the fallowing penalties; administrativa 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 fo this Chapter, and/or any other rellef authored by Chapter 508, Florida Statutes, or the rules promulgated thereto, . Slaned November 26, 2008 arlos Lezcano, Deputy, Division of Hotels & Restaurants Department of Business & Professional Regulation: GOUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Flotida Bar No, 0153837 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32398-1007 CERTIFICATE OF SERVIGE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 5 7761 0811 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this___ day of , 2008. Received by: Inspector's Signature Operator's Signature Title . Title Casa Number: 20080687058 . Fila Number: 110872 Diatrict Number: 01 Ueense Number: 2917201 2010 Form ravised 07.07.07 ALICIA COFFEE SHOP _ By delegation of the Director, or designee... ee ee wee 16/19 Oct $ 2009 9:33 leafar/28e9 @4:15 8584146749 DEPR OGA PAGE 17/19 Exhibit A License Number: 2317281 Licanse Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008067086 "FG" as cited herein references specific provisions of the Faad Cade, 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 pravisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code, “" denotes 6 critical violation. Itis alleged that on March 11, 2008, and November 21, 2008, tha licensee was in Violation of Florida Statute 508(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 8, * 1,02-13-2 3-603.11 FG 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 3-801.11(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 IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B} AND (C) OF THIS SECTION, USING BROCHURES, DEL] 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) IDENTIFICATION 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 TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN: 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) “> GONSUMING RAWOR UNDERCOOKED MEATS, POULTRY; SEAFOOD, SHELLFISH7OREGGS MAY ——> TT INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS.” REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOOKED ANIMAL FOOD NOT PROVIDED. REPEAT VIOLATION. ~ : * 2. 920-121 2301.14 FC: WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR: HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND: (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; {C) AFTER CARING FOR OR HANDLING SERVIGE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403.11(B); (0) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(8), AFTER COUGHING, SNEEZING, USING 4 HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING; (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT GROSS CONTAMINATION WHEN CHANGING TASKS: (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (1) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS. Case Number: 2008067066 File Number: 110872 District Number: 04 License Numbor 2347291 2010 . Form ravisad 07.07.07 ALICIA COFFEE SHOP : Oct $ 2009 9:39 leafar/28e9 @4:15 8584146749 DEPR OGA PAGE 18/19 =) . See OBSERVED EMPLOYEES SWITCH FROM WORKING WITH RAW FOOD TO READY-TO-EAT FOOD WITHOUT WASHING HANDS, REPEAT VIOLATION. 9.27-12-1 3-304,14(B)(2) FG: (B) CLOTHS USED FOR WIPING FOOD: SP|LLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(0), STORED IN A GHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD- CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. REPEAT VIOLATION. * 4, 22-20-1 4-602.11(E) FC: _(E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603,11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SCOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS: (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING QIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) ATA FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. OBSERVED BUILDUP OF SLIME IN THE INTERIOR OF ICE MACHINE. REPEAT VIOLATION, * 5.53B-08-1 609.049FS: 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 HANOLER 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 A CERTIFIED FOOD SERVIGE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE, FOOD SERVICE EMPLOYEES MUST ~ RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BYJANUARY' 1,2001, FOOD SERVICE“ ~~~ EMPLOYEES HIREO AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. REPEAT VIOLATION. Case Number: 2008067056 — File Number: 110872 Dlatrtet Number: 04 + Linanse Number: 2317297 2010 . Form raviaed 07.07.07 ALICIA GOFFEE SHOP

Docket for Case No: 09-005493