State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. EL NINO CAFETERIA reonee lal aoe Respondent. Case Number 2013031833 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against EL NINO CAFETERIA, ("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 7498 NW 8 ST, MIAMI, FLORIDA 331262934.The mailing address of record is EL NINO CAFETERIA, at 7498 NW 8 ST, MIAMI, FLORIDA 331262934. 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 August 05, 2013 G C4 Mal Carlos Lezcano, District Ufanager 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 Depariment of Business & Professional Regulation 1940 North Monroe Sireet Tallahassee, Florida 32399-2202 Certificate of Service : BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 8127 5920 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2013. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013031833 File Number: 110585 : District Number: 01 License Number: 2315932 2010 Form revised 01.01.13 EL NINO CAFETERIA Exhibit A License Number: 2315932 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013031833 It is alleged that on April 10, 2013, and June 27, 2013, 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 Health Service, Food and Drug Administration, as incorporated by Chapier 61C, 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 high priority violation. * denotes an intermediate ‘priority violation. * 4. 53A-03-4 61C-4.023(1) FAC Intermediate: (1) All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted by the division. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. . Observed food manager certification expired. Case Number: 2013031833 File Number: 110585 District Number: 01 License Number: 2315932 2010 Form revised 01.01.13 EL NINO CAFETERIA EXHIBIT B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DMISION GF HOTELS AND RESTAURANTS were MyFlondalicense.com Food Service Inspection Repart FOLLOW-UP INSPECTION REQUIRED Inspector determined violations require further review, but are not an immediate threat to the public. WARNING: Violations in the operation of your establishment must be corrected by June 10, 2013, 8:00:00 AM EDT. Inspection Date: Apr 16, 2013 09:09 - Apr 10, 2013 09:53 License Number: 2315932 Rank: SEAT Owner Name: EL NINO CAFETERIA CORP: Location Address: 7498 NW 8 ST MIAMI FL 331262934 Number of Units: 51 License Expiration: October 4, 2013 inspection Reason: Routine - Food Business Name: EL NINO CAFETERIA License Type: Permanent Food Service elaphone Number: (305)264-0507 Callback Date: dune 10, 2043, 8:00:00 AM EDT FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS 07 Unwrapped or PH/TCS food not re-served |01A Food obtained from approved saurce 01B Food safe and unadulterated; sound condition 01G Shellstock tags; commingling 01D Parasite destruction for raw/undercooked fish NIA 024. Consumer advisory on raw/undercooked oysters O8A Separating raw animal foods from: each other, RTE foods and unwashed produce O88 Food protection during preparation, storage and dispiay ..- _ : noe 09 Bare hand contact with RTE food; Altemative Operating Procedure (AOP) 41 Employee health knowledge; il/symptomatic eniployee present 12A Hands clean and washed properly, use of hand antiseptic if use of AOP 02C Date marking ready-to-eat (RTE) potentially hazardous / time/temperature control for safety foods 12B Employee eating, drinking, tasting food, smaoking 22 Food-contact surfaces clean and sanitized Po | 341A Handwash sink(s) installed, accessible, not used for OUT other purposes 31B Handwashing supplies and handwash sign provided ; 41 Chemicals/toxic substances 03E Reheating PH/TCS foods for hot holding 03F Time as a Public Health Control 03G Reduced oxygen packaging (ROP) and other Special Processes 53A Food manager certification; knowledge/active managerial contra! (except employee health) 53B State approved food handler training; employee duty specific training/knowledge Apri 10, 2013, 10:60:09 AM EDT Location: EL NINO GAFETERIA License#: SEAT23 15932 Food Service Inapectlon Report Version: 1.0 inspector: Batista, Jenny DBPR Form HR 5022-015 ~ Rule 61C-1.002, FAC Page: 1 STATE OF FLORIDA XH BIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.JdyF losidaLicense.com GOOD RETAIL PRACTICES 35A No presence or breeding of insects/rodents/pests; no live animals ‘02D Food items properly labeled; original container | 04 Facilities fo maintain PH/TCS foods at the proper temperature 05 Food and food equipment thermometers provided and accurate 36 Floors, wails, ceitings and attached equipment properly constructed and clean; rooms and equipment properly vented 38 Lighting provided as required; fixtures shielded or bulbs protected 40 Employee persanal belongings. 42 Cleaning and maintenance equipment OUT 43 Complete separation from fiving/sleeping area/private premise; kitchen restricted - no unauthorized personnel 45 Fire extinguishing equipment (FOR REPORTING PURPOSES ONLY) 46 Exits not blocked or locked (FOR REPORTING PURPOSES ONLY) 47 Electrical wiring/outlets in good repair (FOR - REPORTING PURPOSES ONLY) totes 48 Gas appliances; boiler certificate current(posted (FOR REPORTING PURPOSES ONLY) 49 Flammable/combustible materials (FOR REPORTING PURPOSES ONLY) 50 Current license, properly displayed 06 PH/TCS foods property thawed 13 Clean clothes; hair restraints; jewelry; painted/artificial fingernails 14 Food-contact and nonfood contact surfaces designed, constructed, maintained, installed, located 16 Dishwashing facilities; chemical test kil(s); gauges 1.Wash 2.Rinse 3. Sanilize 24 Storage/handling of clean equipment, utensils; air drying 28 Single-service and single-use items 27 Water source safe, hot (100F} and cold under pressure 51 Other conditions sanitary and safe operation 52 Misrepresentation; misbranding 54 Florida Clean Indoor Air Act Compliance 29 Plumbing installed and maintained; mop sink; water filters; backflow prevention 55 Automatic Gratuity Notice items marked IN are in compliancs. Items marked OUT are violations. Specific details of the violations are listed on subsequent pages. Iteras marked N/A are Not Applicable. tems marked.as N/O are Not Observed and were not being conducted at the time of inspectian. Front Line April 10, 2013, 10:00:43 AM EDT Location: EL NINO CAFETERIA License#: SEAT2318932 Food Service Inspection Report Version: 1.0 inspector: Baiisia, Jenny DBPR Form HR 8022-015 - Rule 610-1.002, FAG Page: 2 ro vane FXHIBTB STATE OF FLORIDA SHEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Kitchen Reach in Gooler Reach in Freezer Steam Table/Bain Marie Storage Area Walk In Cooler DIVISION OF HOTELS AND RESTAURANTS we. MyFioridaLicense.com ‘Waik in Freezer OTHER ITEMS Certified Food Manager and —_ Juan J Iglesias 06/13/2006 Date Certified: Manager Certified By: Employees Trained By: Sewage: Water Source: Bolfer: Boiler Jurisdiction and Expiration: Sanitizer Details: Inspector Comments: —— Fider Iglesias Manager 305-264-0807 Apr 10, 2013 09:52 Api 40, 2013, 20:00:16 AM EDT Logation: El, NINO CAFETERIA Licenso#: SEAT2316932 Inspector: Batista, Jenny . Municipal/Utility. .. Prometric Services Florida Restaurant and Lodging Association Municipal No boiler on site Not set up er Janay Batista Saniar Sanitation and Safety Specialist 8240 NW 52 Terrace Miami, FL33173 850-487-1995 Apr 10, 2013 09:47 Food Barvice inspection Report Version: 1.0 DEPR Form HR 9022-015 - Rule 61C-1.002, FAC Page: 3 | _ EXHIBIT B STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION GF HOTELS AND RESTAURANTS wiww.MyFloridaLicense.com 7 VIOLATIONS 020-024 Observed: Ready-to-eat, potentially hazardous (time/temperature control for safety) food prepared onsite and hald more than 24 hours not properly date marked. Priority: Intermediate 21-12-4 Observed: Wet wiping cloth not stored in sanitizing solution between uses. Priority: Basic 23-15-4 Observed: Accumulation of food debris/soil residue on handwash sink. Priority: Basic 34A-02-4 Observed: Handwash sink not accessible for employee use due to being blocked by garbage can. Priority: Intermediate 31A-11-4 Observed: Handwash sink used for purposes other than handwashing. Priority: Intermediate 36-29-4 Observed: Wall soiled with accumulated dust. Priority: Basic 36-41-4 Observed: Fan cover in walk-in cooler has accumulation of dust/debris. Priority: Basic . 42-01-4 Observed: Wet mop not stored in a manner to allow the mop to dry. Priority: Basic 534-03-4 Observed: Food manager certification expired. Priority: Intermediate 53B-13-4 Observed: Proof of required state approved employee training not available for some emplayees. To order approved program food safety material, call DBPR’s contracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233, Priority: Intermediate *e* LAST PAGE Apsil 10,2013, 10:00:17 AM EDT Location: EL NINO CAFETERIA License: SEAT2315932 Foad Service inspection Report Version: 1.0 Inspector: Batlsta, Jenny DBPR Farm HR 8022-016 - Rule 610-1.002, FAG. Page: 4 STATE OF FLORIDA EXHI BIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wan. MyFloridalicanse.cont Callback Report FOLLOW-UP INSPECTION REQUIRED Inspector determined violations require further review, but are not an immediate threat to the public. ADMINISTRATIVE COMPLAINT recommended. Inspection Date: Jun 27, 2013 15:28 ~ Jun 27, 2013 15:51 License Expiration: October 1, 2013 License Number: 2315932 Rank: SEAT Inspection Reason: Routine - Food Owner Name: EL NINO CAFETERIA CORP Business Name: EL NINO CAFETERIA Location Address: 7488 NW 8 ST License Type: Permanent Food Service MIAMI FL 331262934 Telephone Number: (805)264-0507 Number of Units: 54 Initial Warning Date: 2013-04-10 Callback Date: inspector Comments: Gioconda Morales denny Batista manager Senior Sanitation and Safety Specialist 305-264-0807 8240 NW 52 Tarroce Jun 27, 2018 1551 Miami, FL 33173 850-487-1395 dun 27, 2043 18:50 shure 27, 2048, 4:00:00 PM EDT Location: EL NINO CAFETERIA Uvensed: SEAT2315032 Callback Report Version: 1.0 inspeclor: Batista, Jenny DBPR Foon HR 5022-005 - Rule 61C-4.002, FAC Page: 4 STATE OF FLORIDA EXHBIT B DEPARTMENT OF BUSINESS AND PROFESSIGNAL REGULATION BIVISION GF HOTELS AND RESTAURANTS wwe MdyFloridaLicense.com ADMINISTRATIVE COMPLAINTS 53A-03-4 Observed: Intermediate - Food manager certification expired. TIME EXTENDED 020-02-4 Observed: Intermediate - Ready-to-eat, potentially hazardous (time/temperature control for safety) food prepared onsite and held more than 24 hours not properly date marked. 21-12-4 Observed: Basic - Wet wiping cloth not stored in sanitizing solution between uses. 31A-02-4 Observed: Intermediate - Handwash sink not accessible for employes use due to being blocked by garbage can. 36-29-4 Observed: Basic - Wall soiled with accumulated dust. 42-01-~4 Observed: Basic - Wet mop not stored in a manner to allow.the mop to dry. COMPLIED 36-41-4 Observed: Basic - Fan cover in walk-in cooler has accumulation of dust/debris. 23-15-4 Observed: Basic - Accumulation of food debris/soil residue on handwash sink. *-'53B-13-4 Observed: litermediate “Proof of required state approved employee training not ‘available for some employees. To order approved'""""~ program food safety material, call DBPRys contracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233. 31A-14-4 Observed: Intermediate - Handwash sink used for purposes other than handwashing. we LAST PAGE “** dune 27, 2013, 4:00:01 PM EDT Location: ELNINO CAFETERIA. Ucense#: SEAT2315932 Callback Report Version: 1.0 Inspector: Batista, Janny DBPR Form HR 5022-005 - Rule 610-1.002, FAC Page: 2

Docket for Case No: 13-004237