Mar 30 2010 11:13 ga/29/2818 84:56 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIMISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, WS. Licanse No, 2320049 EL RINCONCITO LATIN RESTAURANT License Type 2010 Respondent. Case No, 2007087249 ADMINISTRATIVE COMPLAINT Tha DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against EL RINGONCITO LATIN RESTAURANT, ("Respondent’), and says. 1. 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 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 addreas of record Is 9979 SW 142 AVE, MIAMI, FLORIDA 331886844. The mailing address of record is EL RINCONCITO LATIN RESTAURANT, at 9979 SW 142 AVE, MIAMI, FLORIDA 331866844, 3, Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 609, Florida Statutes, and / or the rules promulgatad thereto goveming operation of the establishment The violstian(s) found and applicable jaw 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 antry 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 educational program sponsored by the Departrnent's Hospitality Education Program; suspension, 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 Octaber 16, 2007 STD ere, Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants . . Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Laad Attorney Florida Bar No, 0153831 ‘ Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32399-1007 cel OF SEI BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9849 9961 3278 ; THEREBY CERTIFY theta true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2007, - Received by: : Inspector's Signature Operator's Signature Title Title _ 2007087249 File Number: 111654 District Number: 04 Cigenge Number 2320049 2010. Form eavised 07.19.07 EL RINCONCITS LATIN RESTAURANT Mar 30 2010 11:14 ga/29/2818 84:56 8584146749 DEPR OGA PAGE @4/a7 Exhibit A Licanse Number: 2320049 License Type: 2010 PERMANENT FOOD SERVICE Gage Number. 2007057249 “FG” as cited herein references specific provisions cf the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited harain 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 616+1,004(5), Florida Administrative Code. “" denotes a critical violation. tis alleged that on July 17, 2007, September 21, 2007 thé litensee wes in violation of Florida Statute S08(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cede (FAC), in the following particulars. Gopy(s) of the report(s) for the above referenced inspaction(s) are attached herato and incorporated by reference as Exhibit B. * 4,034-06-1 3-601,16(B) FC;; (8) SHELL EGGS THAT HAVE NOT BEEN TREATED TO DESTROY ALL VIABLE SALMONELLAE SHALL BE STORED IN REFRIGERATED EQUIPMENT THAT MAINTAINS AN AMBIENT AIR TEMPERATURE OF 45 DEGREES FAHRENHEIT OR LESS. SHELL EGGS HELD IN ROOM TEMPERATURE MAINTAINING AN AMBIENT AIR TEMPERATURE GREATER THAN 45 DEGREES FAHRENHEIT. 90 DEGREES. EGGS FOUND AT 96 DEGREES FAHRENHEIT, * 2,05-08-1 4-302.12FC;; FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF FOOD TEMPERATURES AS SPECIFIED UNDER GHAPTER 3. (B) ATEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT 1S DESIGNED TO ME4SURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS, NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT, " 3. 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 IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION: AND (3) AT LEAST 8 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INSHES ABOVE THE FLOGR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4.204.122. (C) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUGH 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 UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. DRY STORAGE CONTAINERS. OBSERVED FOOD STORED ON FLOOR. Gese Number: 2007087249 File Number! 111864 Distriat Number! 01 Livense Nuriber, 2320048 2010 Form revised 07.19.07 EL RINCONCITO LATIN RESTAURANT Mar 30 2010 11:14 ga/29/2818 84:56 8584146749 DEPR OGA PAGE 85/87 4,10:07-1 3-304,12(F) FC:: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED; (F)IN A CONTAINER OF WATER IF THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER IS CLEANED AT.A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602. 11(D)(7). OBSERVED IN-USE UTENSIL STGRED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHETT. 90 DEGREES FAHRENHEIT. 5. 14-37-71 4-601.12FG:; CUTTING SURFACES. SURFACES SUCH AS CLITTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPASLE OF BEING RESURFACED. OBSERVED CUTTING BOARD GROOVED/PITTED AND NO LONGER CLEANABLE, * 6.47-07-1 4-302.14 FC; SANITIZING SOLUTIONS, TESTING DEVICES. A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED. NO CHEMICAL TEST KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE-COMPARTMENT SINKAVAREWASHING MACHINE. * 7, 20A10-1 4.501.114(A) FC; MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 24 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS, (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.J DISHMACHINE CHLORINE SANITIZER NOT AT PROPER MINIMUM STRENGTH. 8. 24-12-1 3-304.14(B\(2) FC: (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL GE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(0), 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. WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. OBSERVED WET WIPING CLOTHS USED FOR OCCASIONAL SPILLS ON EQUIPMENT. FOOD AND NONFOOB-CONTACT SURFACES NOT CLEAN, Gaso Number; 2007057249 Fila Number: 111651 District Number; o Licanse Number, 2320049 2070 Form revised 67.19.07 EL RINCONGITO LATIN RESTAURANT Mar 30 2010 11:14 ga/29/2818 84:56 8584146749 DEPR OGA PAGE 86/a7 * 8, 22-20-1 4-602,11(E)FC:: (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED 4S SPECIFIED UNDER SECTION 4-803.11, 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 SINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUCH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (4) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR OBSERVED BUILDUP OF SLIME IN THE INTERIOR OF ICE MACHINE, OBSERVED FOOD-CONTACT SURFACES ENCRIJSTED WITH GREASE AND/OR SOIL DEPOSITS, CUTTING BOARDS. * 10,48-13-1 NFPA 96, 12.1.24;. ALL DEEP FAT FRYERS SHALL BE INSTALLED WITH AT LEAST A 16-INCH SPACE BETWEEN THE FRYER AND SURFACE FLAMES FROM ADJACENT COOKING EQUIPMENT, DEEP FAT FRYER INSTALLED WITHOUT 16-INCH SEPARATION FROM OPEN FLAME, District Number: 04 Case Number: 2007087249 Fille Number: 111851 Form reviged 07.19.07 License Number: 2320048 2010 EL RINCONCITO LATIN RESTAVRANT

Docket for Case No: 10-001705