State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF|BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs License Number 2302261 LA ESQUINA DEL SABOR License Type 2010 Respondent Case Number 2010038814 / Administrative Complaint The DEPARTMENT) OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LA ESQUINA DEL SABOR, (“Respondent”), and says 1. Petitioner ts 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 Respondents, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hote/s and Restaurants The respondent's business address of record is 3695 NW 46 ST, MIAMI, FLORIDA 33142 The mailing address of record is LA ESQUINA DEL SABOR, at 3695 NW 46 ST, MIAMI, FLORIDA 33142 3 Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing Operation of thejestablishment The violation(s) found and applicable law are described in Exhibit "A," attached hereto jand incorporated herein by reference Inspection documents are attached as Exhibit “B’, incorporated hejein 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, 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 August 05, 2010 SS tw. ieavod Shannte Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida |32399-2202 Certificate of Service BY CERTIFIED U.S.|MAIL, ARTICLE NUMBER: 7160 3901 9848 6921 7704 | HEREBY CERTIFY|that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2010 Received by Inspector's Signature Operator's Signature Title Title Case Number 2010038814 File Number 206061 District Number 01 License Number 2302261] 2010 Form revised 10 15 09 LA ESQUINA DEL SABOR Filed August 18, 2011 2:48 PM Division of Administrative Hearings Exhibit A ! License Number 2302261 License Type 2010 PERMANENT FOOD SERVICE Case Number 2010038814 FC as cited herein jeferences specific provisions of the Food Code, 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 provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code * denotes a critical violation {tis alleged that on March 4, 2010, and July 7, 2010, the licensee was in iolation of Florida Statute 500(FS) and/or the Rules ofthe 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 B * 1 08A-22-1 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 DISPLAY FROM (A) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS. 2 14-33-1 4-50111FC GOOD REPAIR AND PROPER ADJUSTMENT (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND/4-2 (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND|KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED OBSERVED EQUIPMENT IN POOR REPAIR (REACH-IN COOLER). 3 15-38-1 5-20313FC SERVICE SINK ATLEAST 1 SERVICE SINK OR 1 CURBED CLEANING FACILITY EQUIPPED WITH A FLOOR DRAIN SHALL BE PROVIDED AND CONVENIENTLY LOCATED FOR THE CLEANING OF MOPS OR SIMILAR WET FLOOR CLEANING TOOLS AND FOR THE DISPOSAL OF MOP WATER AND SIMILAR LIQUID WASTE 3A OBSERVED NO MOP SINK OR CURBED CLEANING FACILITY PROVIDED. 3B 15-17-1 4-402-11 FC FIXED EQUIPMENT, SPACING OR SEALING (A) EQUIPMENT THAT IS FIXED BECAUSE IT] IS NOT EASILY MOVABLE SHALL BE INSTALLED SO THAT IT IS (1) SPACED TO ALLOW ACCESS FOR CLEANING ALONG THE SIDES, BEHIND, AND ABOVE THE EQUIPMENT, (2) SPACED FROM ADJOINING EQUIPMENT, WALLS, AND CEILINGS A DISTANCE OF NOT MORE THAN 4 MILLIMETER OR ONE THIRTY-SECOND INCH, OR (3) SEALED TO ADJOINING EQUIPMENT OR WALLS, IF THE EQUIPMENT IS EXPOSED TO SPILLAGE OR SEEPAGE (B) TABLE-MOUNTED EQUIPMENT THAT IS NOT EASILY MOVABLE SHALL BE INSTALLED TO ALLOW CLEANING OF THE EQUIPMENT AND AREAS UNDERNEATH AND AROUND THE EQUIPMENT BY BEING (1) SEALED TO THE TABLE, OR (2) ELEVATED ON LEGS AS SPECIFIED UNDER PARAGRAPH 4-402 12(D) * denotes critical violation District 01 Case Number 2010038814 : License Type 2010 License Number 2302261 File Number 206061 LA ESQUINA DEL SABOR Exhibit A 3B OBSERVED NONFOOD-CONTACT EQUIPMENT NOT SEALED TO ADJOINING EQUIPMENT/WALLS WHEN EXPOSED TO SPILLAGE, * 4 22-26-1 4-601 11(A}FC = EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT'AND TOUCH 4A OBSERVED BUILD-UP OF SOILED MATERIAL ON RACKS IN THE REACH-IN COOLER. 4B 22-17-1 4-602 11(C) AND (D) FC (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, IF USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS (D) SURFACES OF UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED WHEN THEY ARE EMPTY, (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/GLEANING FREQUENCY] THAT CORRESPONDS TO THE TEMPERATURE [AT 44 DEGREES FAHRENHEIT OR LESS - 24 HOURS, GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS, GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16|HOURS, GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS |S DOCUMENTED IN THE FOOD ESTABLISHMENT (3) CONTAINERS iN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME FOOD THAT IS AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS, (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINEDIIN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DEL! FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3, (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT Is CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES, (6) THE CLEANING SCHEDULE JS APPROVED BASED ON CONSIDERATION OF (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE RAPID AND PROGRESSIVE MULTIPLICATION OF PATHOGENIC OR TOXIGENIC MICROORGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE, OR (7) IN-USE UTENSILS ARE INTERMITTENTLY STORED INA CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR ATA FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES 4B OBSERVED SOILED REACH-IN COOLER GASKETS. 4C, 22-16-1 4-602 11(C) AND (D) FC = (C) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, (F USED WITH POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEANED THROUGHOUT THE DAY AT LEAST EVERY 4 HOURS (D) SURFACES OF; UTENSILS AND EQUIPMENT CONTACTING POTENTIALLY HAZARDOUS FOOD MAY BE CLEANED LESS FREQUENTLY THAN EVERY 4 HOURS IF (1) IN STORAGE, CONTAINERS OF POTENTIALLY HAZARDOUS FOOD AND THEIR CONTENTS ARE MAINTAINED AT TEMPERATURES SPECIFIED UNDER CHAPTER 3 AND THE CONTAINERS ARE CLEANED WHEN THEY ARE EMPTY, (2) UTENSILS AND EQUIPMENT ARE USED TO PREPARE FOOD IN A REFRIGERATED ROOM OR * denotes critical vielation District 01 Case Number 2010038814 License Type 2010 License Number 2302261 File Number 206061 LA ESQUINA DEL SABOR Exhibit A AREA THAT IS MAINTAINED AT ONE OF THE TEMPERATURES IN THE FOLLOWING CHART AND (A) THE UTENSILS AND EQUIPMENT ARE CLEANED AT THE FREQUENCY IN THE FOLLOWING CHART [TEMPERATURE/GLEANING FREQUENCY] THAT CORRESPONDS TO THE TEMPERATURE [AT 414 DEGREES FAHRENHEIT OR LESS - 24 HOURS, GREATER THAN 41 DEGREES FAHRENHEIT TO 45 DEGREES FAHRENHEIT - 20 HOURS, GREATER THAN 45 DEGREES FAHRENHEIT TO 50 DEGREES FAHRENHEIT - 16|HOURS, GREATER THAN 50 DEGREES FAHRENHEIT TO 55 DEGREES FAHRENHEIT - 10 HOURS] (B) THE CLEANING FREQUENCY BASED ON THE AMBIENT TEMPERATURE OF THE REFRIGERATED ROOM OR AREAS |S DOCUMENTED IN THE FOOD ESTABLISHMENT (3) CONTAINERS IN SERVING SITUATIONS SUCH AS SALAD BARS, DELIS, AND CAFETERIA LINES HOLD READY-TO-EAT POTENTIALLY HAZARDOUS FOOD THAT IS MAINTAINED AT THE TEMPERATURES SPECIFIED UNDER CHAPTER 3, ARE INTERMITTENTLY COMBINED WITH ADDITIONAL SUPPLIES OF THE SAME FOOD THAT IS AT THE REQUIRED TEMPERATURE, AND THE CONTAINERS ARE CLEANED AT LEAST EVERY 24 HOURS, (4) TEMPERATURE MEASURING DEVICES ARE MAINTAINED IN CONTACT WITH FOOD, SUCH AS WHEN LEFT IN A CONTAINER OF DEL! FOOD OR IN A ROAST, HELD AT TEMPERATURES SPECIFIED UNDER CHAPTER 3, (5) EQUIPMENT IS USED FOR STORAGE OF PACKAGED OR UNPACKAGED FOOD SUCH AS A REACH-IN REFRIGERATOR AND THE EQUIPMENT IS CLEANED AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES, (6) THE CLEANING SCHEDULE IS APPROVED BASED ON CONSIDERATION OF (A) CHARACTERISTICS OF THE EQUIPMENT AND ITS USE, (B) THE TYPE OF FOOD INVOLVED, (C) THE AMOUNT OF FOOD RESIDUE ACCUMULATION, AND (D) THE TEMPERATURE AT WHICH THE FOOD IS MAINTAINED DURING THE OPERATION AND THE POTENTIAL FOR THE RAPID AND PROGRESSIVE MULTIPLICATION OF PATHOGENIC OR TOXIGENIC MICROORGANISMS THAT ARE CAPABLE OF CAUSING FOODBORNE DISEASE, OR (7) IN-USE UTENSILS ARE INTERMITTENTLY STORED IN A CONTAINER OF WATER IN WHICH THE WATER IS MAINTAINED AT 135 DEGREES FAHRENHEIT OR MORE AND THE UTENSILS AND CONTAINER ARE CLEANED AT LEAST EVERY 24 HOURS OR AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL RESIDUES 4C OBSERVED SOILED REACH-IN COOLER SHELVES. * 5 31-12-14 §-20511(B)FC — (B) USING A HANDWASHING FACILITY A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING OBSERVED Rano pasting SINK USED FOR PURPOSES OTHER THAN HANDWASHING, * 6 32-15-1 6-391 14 FC AND 61C-1 004(2)(C) FAC © HANDWASHING SIGNAGE A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES' TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES' AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES' 6A OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK USED BY FOOD EMPLOYEES. 6B 32-04-41 6-202 4 FC, 61C-1 004(2)(B)FAC + PUBLIC BATHROOMS SHALL BE COMPLETELY ENCLOSED AND SHALL HAVE TIGHT- FITTING, SELF CLOSING DOORS OR, IN BATHROOMS LOCATED OUTSIDE A PUBLIC FOOD SERVICE ESTABLISHMENT, HAVE ENTRANCES AND EXITS CONSTRUCTED IN SUCH A MANNER AS TO ENSURE PRIVACY OF OCCUPANTS SUCH DOORS SHALL NOT BE LEFT OPEN EXCEPT DURING CLEANING OR MAINTENANCE EXCEPT THAT THIS [ENCLOSURE] REQUIREMENT DOES NOT APPLY TO A TOILET ROOM THAT IS LOCATED OUTSIDE A FOOD ESTABLISHMENT AND DOES NOT OPEN DIRECTLY INTO THE FOOD ESTABLISHMENT SUCH AS A TOILET ROOM THAT IS PROVIDED BY THE MANAGEMENT OF A SHOPPING MALL 6B OBSERVED BATHROOM NOT ENCLOSED WITH TIGHT-FITTING, SELF-CLOSING DOORS. * 7 35B-05-1 6-20215FC OUTER OPENINGS, PROTECTED (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF AFOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND * denotes critical violation District 01 Case Number 2010038814 License Type 2010 License Number 2302261 File Number 206061 LA ESQUINA DEL SABOR Exhibit A RODENTS BY (1)/FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS, (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B)IAND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, lor OF ALARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT is NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) 16 MESH TO 1 INCH SCREENS, (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS, OR (3) OTHER EFFECTIVE MEANS (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION OBSERVED OUTER OPENINGS NOT PROTECTED AND VERMIN AND/OR ENVIRONMENTAL CROSS CONTAMINATION PRESENT. 8 37-06-1 61071 004(6) FAC (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS OBSERVED WALL SOILED WITH ACCUMULATED GREASE. * denotes critical violation District 01 Case Number 2010038814 License Type 2010 License Number 2302261 File Number 206061 LA ESQUINA DEL SABOR

Docket for Case No: 11-004222