State of Florida

Department of Business aild Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

PetItIoner,

vs

TORO LOCO TAQUERIA

Respondent

_,/

License Number 6051573

License Type 2014

Case Number 2011030460

Administrative Complaint

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

RESTAURANTS, ("Petitioner"), files thts Admin1strat1ve Complaint against TORO LOCO TAQUERIA, ("Respondent"), and says

1. PetIt1oner Is the state agency charged with regulating the operation of public lodging establishments and pubhc food service establrshments, pursuant to Section 20 165 and Chapter 509, Florida Statutes

2. Respondent Is, and has been at all times material hereto, licensed by or sub;ect to the 1unsd1ct1on of the DIvIs1on of Hotels and Restaurants The respondent's business address of record Is 3745 S MILITARY TRL, WEST PALM BEACH, FLORIDA 33415 The mailing address of record Is TORO LOCO TAQUERIA, at 1999 S MILITARY TRAIL, WEST PALM BEACH, FLORIDA 33415

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 the establishment The v1olat1on(s) found and apphcable law are described In Exh1b1t "A," attached hereto and incorporated herein 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 admmIstrat1ve 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 al1zed by Chapter 509, Florida Statutes, or the rules promulgated thereto

Signed June 16, 2011

-Ke-ntBu-ck=, -Dis-tr-ict-M-an-ag-er

By delegation of the Director, or desIgnee D1vIs1on of Hotels & Restaurants

Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487058

Department of Busrness & Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMB.ER:                                    

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

hand served by me on this      day of                                                     ,2011

Received by                            _

Inspector's Signature Operator's Signature

Title Title

Case Number 2011030460 File Number 26969

License Number 6051573 2014

TORO LOCO TAQUERIA

D1stricl Number 02

Form revised 02 02 11

Filed March 26, 2012 1:23 PM Division of Administrative Hearings

ExhIbItA

License Number 6051573

License Type 2014 MOBILE FOOD DISPENSING VEHICLE

Case Number 2011030460

"FC" as cited herein references specIfIc provIsIons of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adm1mstrat1on, incorporated by Chapter 61C, Florida Administrative Code "NFPA" as cited herein references spec1fIc provIsIons of the National Fire Protection AssocIatIon Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General ProvIs1ons", Florida AdmIrnstratIve Code, and 61C-1 004(5), Florida AdmInIstrat1ve Code

"•" denotes a critical vIolatIon

It Is alleged that on March 17, 2011, May 24, 2011 the licensee was In v1olatIon of Florida Statute 509(FS) and/or the Rules of the DIvIsIon of Hotels and Restaurants, Florida AdmInistratIve Code (FAG), rn the following particulars Copy(s) of the report(s) for the above referenced rnspectIon(s) are attached hereto and incorporated by reference as ExhIbIt B

• 1. 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 SERVICE 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

OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.

Case Number 2011030460 File Number 26969

License Number 6051573 2014 TORO LOCO TAQUERIA

District Number 02

Form revised 02 02 11

Docket for Case No: 12-001106