Mar 16 2010 11:35 @a/15/2818 65:18 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitidner, VS DELICIAS DEL PERU INC aaa No OT DELICIAS DEL PERU Case No 2009024844 Respondent _ ADMINISTRATIVE. COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), fies this Admimstrative Complaint against DELICIAS DEL PERU INC, DELICIAS DEL PERU, (‘Respondent’), and says 4 Petitoner is the state agency charged with regutating the operation of public lodging establishments and public foad service establishments. pursuant to Sechon 20 165 and Chapter 509, Flonda Statutes 2 Respondentis, and has been at all umes material hereto, licensed by or subject to the junisdiction of the Division of Hotels and Restaurants The respondent's business address of record 1s 6335 JOHNSON ST, HOLLYWOOD, FLORIDA 33024 The mailing address of record is DELICIAS DEL PERU, at 8680 TAFT 3 Inspection of this astablishment conducted pursuant to Sec 509 032, Florida Statutes, revealed vialations of the provisions of Chapter 509, Florida Statutes, and / of the rules promulgated thereta governing operation of the establishment The violation(s) found and applicable law are desenbed tn Exhibit "A," attached hereto and incorporated here 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 penalhes 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, oF refusal of a license issued pursuant to this Chapter, and/or any other reef authorized by Chapter 509, Flonda Statutes, or the rules promulgated thereto Signed May 12, 2009 (Ashe art Bn Buok,pistrict Manager Jory jews Bet CofC By delegation of the Rrrectar/or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunmetff, Lead Attorney Florida Bar No 0153831 Department of Business & Professianal Regulation 1940 North Monroe Street Tallahassee, Flonda 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTIGLE NUMBER: THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2008 - Recewed by Inspector's Signature Operator's Signature Title Title Case Number 2009024844 File Number 2147414 Tense Number 1618271 2010 Diath oO? OF DELIGIAS DEL PERL ING 63/86 83/15/2818 85:18 in 8584146749 DEPR cca ne 200 NSS PAGE Exhibit A License Number 1618271 License Type 2010 PERMANENT FOOD SERVICE Gase Number 2009024844 “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Pubhe Health Service, Food and Drug Administration, meorparated by Chapter 616, Flonda Adminsirative Code "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Flonda Administrative Gode, and 61C-1.004(5), Flonda Administrative Code « denotes a critical wolation It ig alleged that on March 3, 2009, May 5, 2009 the licensee was In violation of Flonda Statute 50a(FS) and/or the Rules of the Division of Hotels and Restavrants. Flonda Administrative Code (FAC), in the following particulars Gopy(s) of the report(s} for the above referenced inspection(s) are attached hereto and incorporated by reference 45 Exhibit B * 4 0226-1 3-302 12 Fo. FOOD STORAGE CONTAINERS. IDENTIFIED WITH COMMON NAME OF FOOD WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED OBSERVED WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME...FLOUR. * 2 OBA-2B-1 3-305 11 Fo FOOD STORAGE (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND (G) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD (1}INA CLEAN, DRY LOCATION, (2) WHERE {7 {S NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION, AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (8) 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 GRATES MAY BE STORED ON A FLOOR THAT 1S CLEAN AND NOT EXPOSED TO FLOOR MOISTURE QBSERVED FOOD STORED ON THE FLOOR... WALK-IN COOLER. 4399-051 3-301 11(D) FO = PREVENTING CONTAMINATION FROM HANDS (D) FOOD EMPLOYEES' SHALL MINIMIZE BARE HAND AND ARM CONTACT WITH EXPOSED FOOD THAT 1S NOT IN A READY-TO-EAT FORM OBSERVED IMPROPER USE OF BOWL! PLASTIC FOOD CONTAINER OR OTHER CONTAINER WITH ae HANDLE USED TO DISPENSE FOOD THAT IS NOT READY-TO-EAT...BOWL IN THE FLOUR CONTAINER. “4 22-Re1 4601 11(A) FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH A onsereo INTERIOR OF "HAIER" REACH-IN FREEZER SOILED WITH ACCUMULATION OF FOOD B oBsenveD INTERIOR OF FLIPTOP REACH-IN COOLER SOILED WITH AGCUMULATION OF FOOD C. OBSERVED FOOD-CONTACT SURFACES ENCRUSTED WIT DEPOSITS... SHELVES THROUGHOUT THE KITCHEN. WITH GREASE ANDY OR SOW Case Number 2000024844 File Number 21474 Lreanse Number 1618271 2010 ‘ eae OF OF DELICIAS DEL PERU INC Farm raviged 07 07 G7 a4/a6 Mar 16 2010 11:36 83/15/2616 _ Baile 858d14e7dg DEPR OGA PAGE 85/86 D. OBSERVED SOILED REACH-IN COOLER GASKETS... TRUE REFRIGERATOR, E. OBSERVED SOILED REACH-IN COOLER GASKETS...FLIPTOP REACH-IN COOLER. * 5 50-08-1 509241(2)FS (2) APPLICATION FOR LICENSE EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION OBSERVED THE ESTABLISHMENT OPERATING WITHHOUT A CURRENT HOTEL AND RESTAURANT LICENSE (EXPIRED 42/01/08)... LICENSE FEES DUE; $362. Gase Number 2009024844 File Number 214714 Bietriel Number 02 License Number 1610271 2010 Form revised 07 07 D7 DELICIAS DEL PERL INC

Docket for Case No: 10-001263