State of Florida

Department of Business and Professional Regulation

Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner, - ·

vs.

SABANA GRANDE RESTAURANT

Respondent.

-------.....,..;'

License Numt,,er. 2318497

License Type 2010

Case Number 2012033783

Administrative Complaint

The DEPARTMENT OF BUSINES$ AND P'ROFE;.SSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against SABANA GRANDE RESTAURANT, ("Respondent"), and says;

1. Petitioner is the state agency charged with regulating the operation of public lodglng establishments and public food service establishments, pursuant to Section 20.165 and Chapter 609, Florida Statutes.

2. Respondent Is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Dlvlslon of Hotels and Restaurants. The respondent's business address of record Is 11620 QUAIL ROOST DR, MIAMI, FLORIDA 331576550.The malllng address of record Is SABANA GRANDE RESTAURANT, at 11620 QUAIL ROOST DR, MIAMI, FLORIDA 331576550.

3. Inspection of this establlshment conducted pursuant to Sec. 609.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establishment. The vlolation(s) foun9 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 followlng

----------enaltles: admlnistratiy ;fin notto xceed $t;000 peroffense, suspension;7'evocatlOJr,UTTefmral l' ic e ns e ­

lssued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto.

Signed August 06, 2012 /l          

uuk,1,,fJ. t'C--r

Carlos Lezcano, Dlstrlctanager

By deleQation 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, Florlda 32399-2202 rt

1

Certificate of Service

i ,?

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:. 7196 9008 91111440 3383

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

hand served by me on this     

Inspector's Signature

day of                                                     ,2012.

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

Operator's Signature

Title Title

Case Number: 2012033783 FIie Number: 111200

License Number: 2318497 2010

SABANA GRANDE RESTAURANT

Dlslrlct Number: 01

Form revised 09.10.11

Filed December 31, 2012 10:28 AM Division of Administrative Hearings

Exhibit A

License Number: 2318497

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2012033783

"FC" as cited herein references specific provisions of the Food.Code, Recommendations of the United Slates 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 4A-3, "Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1.004(6), Florida Administrative Code.

"*" denotes a critical violation.

It is alleged that on May 22, 2012, and July 25, 2012, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels end 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. 02-22-1 3-501.17(A) FC:: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD IN A FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED J3ELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL

BE COUNTED AS DAY 1. . .., ·

OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED.

. • I,. .,. ..

' 2. 27-16-1 5-202.12(A) AND (B) FC:: HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE,MAYNOT BE USED AT A HANDWASHING LAVATORY.

OBSERVED HOT WATER NOT PROVIDED/SHUT OFF AT EMPLOYEE HAND WASH SINK.

3. 29-11-1 5-205.15 FC:: SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (8) MAINTAINED IN GOOD REPAIR.

OBSERVED LEAKING PIPE AT PLUMBING FIXTURE (HAND WASH SINK AT KITCHEN).

' 4A. 32-15-1 6-301.14 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'.

OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK USED BY FOOD EMPLOYEES (BATHROOMS AND BACK SINK), REPEAT VIOLATION, ....

' 4B. 32-16-1 6-301.12 FC:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS; (8) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; QR

(C) A HEATED-AIR HAND DRYING DEVICE.

Case Number: 2012033763 . Fite Number: 111200 License Number: 2318497· 2010 ·

SABANA GRANDE RE$TAUR/\NT'..

DIs1rlct Number: 01

Form revised 09.10.11

OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS (BATHROOM AND BACK SINK).

* 5. 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 RE,SPONSIBLE 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 JH.E. 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 E:STABLISHMENT 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE; TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT.

OBSE;RVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED.

Case Number: 2012033783 File Number: 111200

License Number: 2318497 2010 SABANA GRANDE RESTAURANT

F:.•

District Number: 01

Form revised 09.10.11

Docket for Case No: 12-004163