State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. EL TABLAZO RESTAURANT ricense Number ast t4 Respondent Case Number 2013045800 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against EL TABLAZO RESTAURANT, (‘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, Fiorida 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 6780 COLLINS AVE, MIAMI-BEACH, FLORIDA 331413241.The mailing address of record is EL TABLAZO RESTAURANT, at 6780 COLLINS AVE, MIAMI BEACH, FLORIDA 33141. 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 i 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 fo this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed November 07, “ZZ We Carlos Lezcano, District en : 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 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74160 3901 9849 9961 9720 THEREBY 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: Operator's Signature Inspector's Signature Title : Title District Number: 07 Case Number: 2013045800 File Number: 112468 Form revised 01.01.13 License Number: 2323174 2010 EL TABLAZO RESTAURANT Exhibit A License Number: 2323114 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013045800 It is alleged that on July 02, 2013, September 05, 2013, and October 08, 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 Chapter 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. ™ 4.04D-01-4 3402.11 FC High Priority: (A) Before service or sale in.ready-to-eat form, raw, raw- marinated, partially cooked, or marinated-partially cooked fish shall be: (1) Frozen and stored at a temperature of -4 degrees Fahrenheit or below for a minimum of 168 hours in a freezer, (2) Frozen at -31 degrees Fahrenheit or below until solid and stored at -31 degrees Fahrenheit or below for a minimum of 15 hours; or (3) Frozen at -31 degrees Fahrenheit or below until solid and stored at -4 degrees Fahrenheit or below for a minimum of 24 hours. This does not apply to: (1) Molluscan shellfish; (2) Tuna of the species Thunnus alaiunga, -Thunnus albacares, Thunnus atlanticus, Thunnus maccoyii, Thunnus obesus, or Thunnus thynnus; or (3) Aquacultured fish, such as salmon, that: (a} Raised in open water net-pens, or (b) Raised in ponds or tanks, and (c) Are fed formulated feed, such as pellets, that contains no live parasites, (4) Fish eggs that have been removed from the skein and rinsed. OBSERVED NONEXEMPT FISH OFFERED RAW OR UNDERCOOKED HAS NOT UNDERGONE PROPER PARASITE DESTRUCTION. FISH MUST BE FULLY COOKED OR DISCARDED. * 2.02C-02-4 3-501.17(A)FC Intermediate: (A) Except when packaging food using a reduced oxygen packaging method as specified under Section 3-502.12, and except as specified in (D) and (E) of this section, refrigerated, ready-to-eat, potentially hazardaus food (time/temperature control for safety 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 when held at a temperature of 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 ONSITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. * 3.22-20-4 -4-602.11(E)FC Intermediate: (E) Except when dry cleaning methods are used as specified under Section 4-603.11, surfaces of utensils and equipment contacting food that is not potentially hazardous (time/temperature control for safety food) shall be cleaned: (1) At any time when contamination may have occurred; (2) At least every 24 hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladies; (3) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and (4) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution fines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment: (a) At a frequency specified by the manufacturer, or (b) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or motd. OBSERVED ACCUMULATION ‘OF BLACK/GREEN MOLD- LIKE SUBSTANCE IN THE INTERIOR OF THE “ICE MACHINE. Case Number: 2013045800 File Number: 112468 . District Number: 01 License Number: 2323114 2010 Form revised 01.01.13 EL TABLAZO RESTAURANT . a : * 4,27-16-4 5-202.12(A) FC: Intermediate: (A) A handwashing sink shall be equipped to provide water ata temperature of at least 100 degrees Fahrenheit through a mixing valve or combination faucet. OBSERVED HOT WATER NOT PROVIDED/SHUT OFF AT EMPLOYEE HANDWASH SINK. MEN'S BATHROOM. 5. 29-34-4 5-203.14FC High Priority: A plumbing system shall be Installed to preclude backflow ofa = - solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by law, by: (A) Providing an air gap as specified under Section 5-202. 73; or (B) Installing an approved backflow prevention device as specified under Section 5-202.14. . OBSERVED VACUUM BREAKER MISSING AT HOSE BIBB - FRONT SERVICE AREA. Case Number: 2013045800 File Number: 112468 District Number: 01 License Number. 2323114 2010 . . Form revised 01.01.13 EL TABLAZO RESTAURANT

Docket for Case No: 14-000506