State of Florida Department of Business and Professionai Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V8. License Number 2316884 CAFE ENRIQUE. deint License Type 2010 espon a Case Number 2012031083 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CAFE ENRIQUE, (‘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 20.166 and Chapter 509, Florida Statutes, 2, Respondent is, and has been at all times material hereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business addrass of record Is 7501 N. KENDALL DRIVE FC #13, MIAMI, FLORIDA 33156.The malling address of record Is CAFE ENRIQUE, at 7501 N. KENDALL DRIVE FC #13, MIAMI, FLORIDA 33156, 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 violation(s) found and applicable law 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 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 July 17, 2012 ean . “4 — LFn.. CCL Maurice Chi, Deputy District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare 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: 7496 9008 9111 1440 3291 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this: day of , 2012 Received by: : Inspector's Signature Operator's Signature Title . Title Case Number: 2012031083 Fila Number: 196856 : District Number: 01 License Number: 2316884 2010 Form revised 09.10.11 CAFE ENRIQUE Filed December 21, 2012 9:20 AM Division of Administrative Hearings Exhibit A License Number: 2316884 License Type: 2010 PERMANENT FOOD SERVICE , ‘ Case Number: 2012031083 “FC” as cited herein references 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. It is alleged that on July 3, 2012, and July 6, 2012, the licensee was in violation of Florida Statute 609(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAQ), 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. : * 4, 35A-08-1 6-601.114 FO: CONTROLLING PESTS. THE PRESENCE OF.{NSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS; (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202.12, 7-206.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS, - OBSERVED ROACH ACTIVITY AS EVIDENCED BY LIVE ROACHES FOUND - TWO LIVE ROACHES CRAWLING ON THE KITCHEN WALL BEHIND THE REFRIGERATOR AND AT THE BACK DOOR ENTRANCE THRESHOLD. Case Number: 2012031083 File Number: 196886 ae , District Number: 04 License Number: 2316884 2010 Form revised 09.10.11 CAFE ENRIQUE

Docket for Case No: 12-004128