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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Pet1t1Qner,

vs

REDLAND BEER

------- '

Respondent

License Number 2326216

License Type 2010

Case Number 2009029512

Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Pet1t1oner"), files this Adm1n1strative Complaint against REDLAND BEER, ("Respondent''), and says

Pet1b0ner 1s the state agency charged with regulating the Qperat1on of public lodging establishments and pubhe food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes

1. Respondent Is, and has been at all times material hereto, licensed by or subJect to the Jurisd1ct1on of the D1v1s1on of Hotels and Restaurants The respondent's business address of record ,s 24420 S DIXIE HWI', MIAMI, FLORIDA 33032 The mailing address of record Is REDLAND BEER, at 24420 S DIXIE HWY, MIAMI, FLORIDA 33032

2. lnspect1on of this establishment conducted pursuant to Sec 509 032. Florida Statutes, revealed v1olat1ons of the prov1s1ons of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the es bl1shment The v1olat1on(s) found smd applicable law are described 1n Exh1b1t ''A," atlached hereto and incorporated herein by reference Inspection documents are attached as ExhIb1t "B", incorporated herein by reference

WHEREFORE, Pet1t1oner respectfully requests entry of an Order imposing one or more of the following penalties adm1n1strative fine not to exceed $1,000 per offense, mandatory attendance at Respondent's

expense at an educational program sponsored by the Department's Hosp1tahty 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 June 03, 2009

Carlos Lezcano, Deputy 1stnct Manager By delegation of the Director, or des1gnee D1v1sion of Hotels & Resta1,1r!lnts

Department of Business & Professional Regulat1on

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Allorney Florida Bar No 0487058

Department of Susmess & Profess1onal Regulation

1940 North Monroe Street Tallahassee, Florida 32399-1007

Cenlflcate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 9845 7760 7149

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand seived by me on this    Inspector's Signature

day of                                                       ,2009

Received by -,,----,--::--.,-----~---­

Operator's Signature

Title

Caso Numt>er 2009029512 File Number 113871

License Number 2326216 2010

REDLAND BEER

01itnct Number 01

Fom, reVl!S !j 05 20 [)9

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Exh1b1t A

License Number 2326216

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2009029512

"FC" as cited herein references specI 0 provIsIons of the Food Code, Recommenclat1ons of the United States Public Health Serv1ce, Food and Drug Adm1mstrat1on, incorporated by Chapter 61C, Florida ArlminIstrat1ve 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 Adm1nIstrallve Code, and 81C-1 004(5), Florida AdmmIstratIve Code

.... denotes a cnt1cal v1olat,on

It Is alleged that 011 November 7, 2008, and May 9, 2009, the licensee was m vI0IatIon of Florida Statute 509{FS) and/or the Rules of the DIvIsIon of Hotels and Restaurants, Florida Adm1n1stratIve Code (FAC), In the

following particulars Copy(s) of the report(s) for the above referenced mspectIon(s) are attached hereto .,nd incorporated by reference as ExhIb,t B

• 1 02-13-2 3-60311 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 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, DELI CASE OR MENU AOVISORIES, 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 CA!cSAR 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) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS""

OBSERVED REQUIReD CONSUMER ADVISOIW FOR RAW/UNDERCOOKED ANIMAL FOOD NOT

PROVIDED. REPEAT VIOLATION.

• 2 53A-01-2 509 039 FS AND 61C-4 023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST ALL MANAGERS WHO ARE Rl::SPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST

C••• Number 2009029512 File Number 113871

Lmenoe Number 2326216 :.010

REDL.ANO 01;'.l;R

D1str1ct NutnbBr 01

l=orm revised 05 20 09

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OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. REPEAT VIOLATION.

' 3 53B-08-1 509 049 FS FOOD SERVICE EMPLOYEE TRAINING THE DIVISION SHALL ADOPT. BY RULE. MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SE;RVICE 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 DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL THE LICENSEE MAY DESIGNATE A CERTIFIED 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 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS

OBS!:RVl;D NO PROOF OF REQUIRl;D i;MPLOYEE TRAINING PROVIDED. REPEAT VIOLATION.

Ca!iBNumber 2009029512 File Number 113871

License Numbl:!r 2326216 2010

REOlAND SEER

D1str1ct Number 01

Form mv1sed 05 20 09

Docket for Case No: 10-010697