State of Florida Department of Business and Professional Regulation Diviston of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, . V8, License Number 2332082 AMORE GELATO License Type 2010 Respondent, Case Number 2012051431 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against AMORE GELATO, (“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 20.165 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 address of record is 901 S MIAMI AVE STE# 105, MIAMI, FLORIDA 33130, The mailing address of record is AMORE GELATO, at 901 S MIAMI AVE STE# 105, MIAMI, FLORIDA 33130, 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, Petitidner respectfully requasts 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 December 14, 201 * Carlos Lezeano, UY... Manager By delegation of the Directef, 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 Cartificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7196 9008 9111 8127 2868 | 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: 2012051431 File Number: 241529 . District Number; 01 License Number: 2332082 2010 . Form revised 11.17.12 AMORE GELATO Exhibit A License Number: 2332082 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012061431 : It ls alleged that on September 26, 2012, and November 29, 2012, Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Heaith Service, Food and Drug Administration, as Incorporated by Chapter 610, 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, “™ denotes a critical violation, * 4,02-07-1 3-601.17(B) FC:: (B) Except as specified in Paragraphs (D) and (E) of this section, refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment and If the food is held for more than 24 hours, 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 in Paragraph (A) of this section; and: (1) The day the original container Is opened in the food establishment shall be counted as Day 1; and (2) The day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety, ~ OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. 2. 13-03-1 2-402.11 FC:: Effectiveness, (A) Except as provided In Paragraph (B) of this section, FOOD EMPLOYEES’ shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body halr, that are designed and worn to effectively keep thelr hair from contacting exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES. (B) This section does not apply to FOOD EMPLOYEES' such as counter staff who only serve BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a minimal risk of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE- SERVICE and SINGLE-USE ARTICLES, OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. 3. 37-01-1 61C-1.004(6) FAC:; (6) All bullding structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions, OBSERVED CEILING TILE MISSING (THROUGHOUT THE KITCHEN AREA). Case Number: 2012051431 Fle Number: 241529 District Number: 04 Licanse Number: 2332082 2010 Form revised 14.14.12 AMORE GELATO . * 4.63B-08-1 609.049 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 certifcate 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 llcensee. Food service employees must receive certification pursuant to this section by January 1, 2001. Food service employees hired after November 1, 2000, must recalve 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 tlme of any division inspection of the establishment. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number: 2012061431 File Number; 241829 District Number; 04 License Number: 2332082 2010 Formrevised 14.11.12 AMORE GELATO

Docket for Case No: 13-001059