State of Florida Department of Business and Professional! Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v8. Case Number: 2013051564 NEW YORK BAGHELS CAFE & DELI LLC ricense Number: sue d/bfa NEW YORK BAGEL & DELI, Icense Type: Respondent. File Number: 232371 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against NEW YORK BAGHELS CAFE & DELI LLC d/b/a NEW YORK BAGEL & DELI, (‘Respondent’), and says: 4. 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 609, 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 respendent’s business address of record is 10139 W OAKLAND PARK BLVD, SUNRISE, FLORIDA 33351.The mailing address of record is NEW YORK BAGEL & DELI, at 10139 W OAKLAND PARK BLVD, SUNRISE, FLORIDA 33351. 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 is 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 penatties: 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 508, Florida Statutes, or the rules promulgated thereto. Signed December 27, 2013 rt Shapiro, Bis 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2014 a Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2013051554 — File Number: 232377 District Number: 02 License Number: 1620713 2010 Form revised 01.01.13 NEW YORK BAGEL & DELI Exhibit A License Number: 1620713 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013051554 It is alleged that on June 13, 2013, June 14, 2013, July 24, 2013, November 25, 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. *™ 4,03A-02-4 3-501.16(A)(2} FC: (A) High Priority: Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under Section 3-501.19, and except as specified under Paragraph (B) and in Paragraph (C) of this section, potentially hazardous food (time/temperature control for safety food) shall be maintained: (2) At 41 degrees Fahrenheit or less, Observed potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Cooked potatoes that were stored in the working walk-in cooler over night, found in the non-working Bain Marie cooler on the cook's line at inspection. 2. 10-06-4 3-304.12(A) FC Basic: During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (A) Except as specified under Paragraph (B) of this section, in the food with their handles above the top of the food and the container; Observed In-use utensil not stored with handle above the top of potentially hazardous (time/temperature control for safety) food and rim of the container. Observed a spoon handle touching the potato salad inside the container in a reach-in cooler on the server line. * 3.11-07-4 2-102.11(C)(1),(2),(3),(16)&(17) FC Intermediate: Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention . The person in charge shall demonstrate this knowledge by: (C) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include: (1) Describing the relationship between prevention of foodborne disease and personal hygiene of food employees; (2) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease; (3) Describing the symptoms associated with the diseases that are transmissable through food; (16} Explaining the responsibilities, rights, and authorities assigned by this Code te the: (a) Food employee, (b) Conditional employee, (c) Person in charge, (d) Regulatory authority; and (17) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees. Observed Certified Food Manager or person in charge lacks knowledge of foodborne illnesses and symptoms of illness that would prevent an employee from working with food, clean equipment and utensils, and single-service items. Upon arrival for inspection Jasmine Sanabria stated she was in- charge. ™ 4.12A-04-4 2-301.14(E) FC High Priority: Food employees shail clean their hands and exposed portions of their arms as specified under Section 2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and: (E) After handling soiled equipment or utensils; Observed dishwasher handled soiled dishes or utensils and then handied clean dishes or utensils without washing hands. Case Number, 2013051554 File Number: 232371 District Number; 02 License Number: 1620713 2010 Form revised 01.01.13 NEW YORK BAGEL & DELI 5. 12B-03-4 2-401.11FC Basic; (A) Except as specified in Paragraph (B) of this section, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection can not result, (B) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of: (1) The employee's hands; (2) The container; and (3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles. Observed employee drinking from an open beverage container In a food preparation or other restricted area. Dish washer drinking coffee. 6. 14-11-4 4-601.11 FC Basic: (A) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4-1 and 4-2. (B) Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications, (C) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened. Observed equipment in poor repair. Bain Marie cooler on the cooks line is unable to maintain TCS foods at propertemperatures. 7. 23-06-4 4-601.11(C) FC: (C) Basic: Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Observed build-up of food debris, dust or dirt on nonfood-contact surface. Top of the dish machine. 8. 38-07-4 6202.11 FC Basic: (A) Except as specified In Paragraph (B) of this section, light bulbs shall be shielded, coated, or otherwise shalter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles. (B) Shielded, coated, or otherwise shatter- resistant bulbs need not be used in areas used only for storing food in unopened packages, if: (1) The integrity of the packages cannot be affected by broken glass falling onto them; and (2) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened. (C) An infrared or other heat lamp shail be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed. Observed lights in food preparation, food storage or warewashing area missing the proper shield, sleeve coatings or covers. Rear of kitchen. 9. §2-13-4 3-601.12 FC Basic: (A) Food shail be offered for human consumption in a way that does not mislead or misinform the consumer. (B) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food. Observed establishment advertised a specific brand of a product, but used another brand. Advertises National Deli on menus and with signage on display in the restaurant, found Bea's Best corned beef, Sabrett hot dogs, and Gusto ham being used in the establishment. Manager could not produce any recent invoices for National Deli corned beef, hot dogs or ham. Case Number: 2013051564 File Number: 232371 Distrlet Number: 02 License Number: 1620713 2010 Form revised 01.01.13 NEW YORK BAGEL & DELI

Docket for Case No: 14-000879