ga/29/2818 did? 8584146749 DEPR OGA PAGE 83/86 Mar 30 2010 11:04 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5, CEVICHE TAPAS BAR & REST rioense wpe 2010 Respondint Case No. 2008058062 ADMINISTRATIVE GQMPLAINT 1 The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against CEVICHE TAPAS BAR & REST, (‘Respondent’), and says: : ‘ 1, Petitioner is the stata agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.185 and Chapter 609, Florida Statutes. 2. Respondent is, and hag 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 af record Is 128 W CHURCH ST, ORLANDO, FLORIDA 32801. The mailing address of record is CEVICHE TAPAS BAR & REST, at 1502 S HOWARD AVE, TAMPA, FLORIDA 33606, . 3. Inspection of thls establishment conducted pursuant to Sec, 909.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto gaveming:. operation of the establishment. The violation(s) found and applicable law are described in Exhibit “A,” -attached hereto and incorporated herin 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 penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an ecucstional program sponsored by the Depertment's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter $09, Florida Statutes, or the rules promulgated thereto. Signed October 28, 2008 J. - Cote at Valeria Freeman, District Manager By delegation of the Director, or dasignea Division of Hotels & Restaurants Department of Business & Professional Regulation GOUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER; | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by ma on this day of , 2008, Reneived by: Inspector's Signature Operator's Signature _ To A ite Case Number: 2008058962 Fila Number: 217480 Distriet Number: 04 Ucense Number: 5811695 2010 Form revised 07.07.07 - CEVICHE TAPAS BAR & REST Mar 30 2010 63/29/2618 4:47 8584146749 DEPR OGA PAGE 84/86 sen.” denotes-eritical violation... — 0 Exhibit A License Number: 5811695 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008058962 FC as cited harain references specific provisions of the Food Gade, Recommendations of tha United Siates Public Health Service, Food and Drug Administration, Incorporated by Chapter 61C, Florida Administrative Cods. 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, Florid Administrative Code, and 61C-1.004(5), Florida Administrative Code, : * denotes a critical violation. It Is alleged that on October 3, 2008, October 8, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurante, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) ate attached hereto and incorporated by reference as Exhibit B. ; * 4,02-26-1 3-302.12FC:: 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 8E IDENTIFIED. OBSERVED UNLABELED BULK CONTAINERS NEAR THE SOUTH KITCHEN ENTRANCE. * 205-09-1 4-204.112 FO: (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 GOOLEST 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. (GC) PARAGRAPH (8) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A 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. (DB) : TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVIGE 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. : THERE WAS NO CONSPICUOUSLY LOCATED THERMOMETER IN THE NUMBER SIX SAUTE COOLER AND THE NUMBER FIVE GRILL COOLER. : Se vee Distrlets 04a. Liscanse Type: 2010 File Number: 217450 Case Number: 2008058962 License Number: 5811695 _GEVICHE TAPAS BAR & REST ga/29/2818 did? 8584146749 DEPR OGA PAGE 85/86 Mar 30 2010 11:05 Exhiblt A. * 3. 08A-26-1 3-302.11(A)(1) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISFLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSGAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; RAW SHELLFISH WAS STORED OVER SAUCE IN COOLER NUMBER SIX, ALSO, RAW SHELL EGGS WERE STORED OVER MUSHROOMS IN THE WALK IN COOLER. : * 4,084-28-1 3-306.11FC: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) ’ AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) IN A CLEAN, DRY LOCATION; (2) WHERE IT IS 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 CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. ONIONS AND HERBS IN CONTAINERS WERE STORED ON THE FLOOR OF THE WALK IN COOLER. * 5.08A29-1 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; CROQUETTE FILLING AND POTATOES WERE STORED UNCOVERED IN THE WALK IN COOLER. 6.24-12-1 3-304.14(BX2)FC:: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11{D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. NUMEROUS WET WIPING CLOTHS WERE NOT STORED IN SANITIZING SOLUTION BETWEEN USES. 7.37-11-1 61C-1.004(8) FAG: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, GLEAN AND FREE OF OBSTRUCTIONS. =~ THE FAN GOVERS IN THE WALK IN FREEZER WERE COVERED WITH DUST. -denotes.critical-vlalation ” Case Number: 2008058962 ‘ File Number: 217450 License Number: $81 7695 GEVICHE TAPAS BAR & REST

Docket for Case No: 10-001702