Oct 9 2006 9:55 lefag/28ee 8:49 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5, ELIES CAFE License No, 2326747 Respanrient, Case No. 2006024504 ADMINIST| The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against ELIES CAFE, (‘Respondent’), and says: : : 1. Patitionar is the state agency changed with regulating the operation af publle Jodging establiahments 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, Keensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 145 EAST FLAGLER ST, MIAMI, FLORIDA 33131. The mailing address of record is ELIES CAFE, at 145 EAST FLAGLER ST, MIAMI, FLORIDA 35131. 3. Inepection of this establishment conducted pursuant to Sec. 609.032, Florida Statutes, reveaied violations of the provisions of Chapter 509, Ficrida Statutes, and / or the rules promulgated thereto governing operation of the estabfishment. The viclation(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 henwin by reference. WHEREFORE, Potitioner respectfully requests entry of an Order imposing one or more of the following panallies: administrative Fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspenaion, revocation, of refusal of a ficanse issued pursuant to this Chapter, and/or any other rellef authorized by Chapter 609, Florida Statutes, or the rules promulgated thereto. Signed June 22, 2006 SS. >. Shannie Kallaa, Olstict Manager By delegation of tha Director, or designee Oivialon of Hotels & Restaurants Department of Business & Profagsional Requiation: COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attornay Florida Sar No. 0153331 Department of Business & Professional Regulation 41940 North Monroe Street Talighassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3907 9849 2725 7550 1 HEREBY CERTIFY that a (rue and corect copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by ma on this day of 20068. Received by: Inspector's Signature Operator's Signatura Tithe Title F-20080: District Number: 01 faeeae fhanber pros 2ote Faria nivised 03.00.08 EWES CAFE Oct 9 2006 9:55 lefag/28ee 8:49 8584146749 DEPR OGA PAGE @4/a7 Exhibit A Licensy Number, 2328747 License Type; 2010 PERMANENT FOOD SERVICE Case Number, 2006034504 FC as cited harein referonces specific proviaions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adminiatration, incorporated by Chapter 61C, Florida Administrative Code, NFPA as cited hersin references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code, * denotes a critical violation, It is allaged that on May 8, 2008, and June 8, 2006, the Ieensee was in violation of Florida Statute SOB(FS) and/or tha Rules of the Division of Hotels and Reatauranta, Florida Administrative Code (FAC), in the fallawing particulars. Copy(s} of the repori(e) for the above referenced Inapection(s) are attached hereto and incorporated by reference as Exhibit B. * 1.05-084 4302.12 FC:: FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND REACILY ACCESSIBLE FOR USE iN ENSURING ATTAINMENT AND MAINTENANCE QF FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. (8) A TEMPERATURE MEASURING DEVICE WITH A SUITABLE SMALL-DIAMETER PROBE THAT IS DESIGNED TO MEASURE THE TEMPERATURE OF THIN MASSES SHALL BE PROVIDED AND READILY ACCESSIBLE TO ACCURATELY MEASURE THE TEMPERATURE IN THIN FOODS SUCH AS MEAT PATTIES AND FISH FILETS. A) OBSERVED NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. 5) OBSERVED NO GONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT. 2.29-07-1 3-904,14{A) FG:: (A) CLOTHS THAT ARE IN) USE FOR WIPING FOOD SPILLS SHALL BE USER FOR NO OTHER PURPOSE. A} OBSERVED WIPING CLOTH USED FOR FOOD SPILLS ALSO USED FOR OTHER PURPOSES, B) OBSERVER CLEAN WIPING CLOTH NOT PROPERLY STORED. * 3.46-36-1 NPFA96, 11.2.1: ANINSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTEO EXHAUST HOCDS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER persous St BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED OBSERVED HOOD SUPPREBSION SYSTEM TAG OUT-OF-DATE. * 4,45-44-1 NFPA 10,631 FREQUENCY, FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE AT INTERVALS OF NOT MORE THAN 1 YEAR, AT THE TIME OF HYDROSTATIC TEST, OR WHEN SPECIFICALLY INDICATED BY AN INSPECTION OR ELECTRONIC NOTIFICATION. OBSERVED PORTABLE FIRE EXTINGUISHER TAG OUT-OF-DATE. * denatas critical violation , Case Numbar, 2008034604 . District: 02 Licenag Number: 2823747 License Type: 2010 ELIES CAFE Oct 9 2006 9:55 lefag/28ee 8:49 8584146749 DEPR OGA PAGE 85/87 Fadore to canaply with tte Notice my MuAlots un adeintetative srenpleit: thet erny rama te swapennéen or reverstinw of pans Shanes . SEAZIRONGT sur sane amie Inet TR-IA7-GO88 = ———— a FLIES CAFE a . O5/OR/2006 m=O Ink Warning Date ” —_ p thermometer provided to rramsure hernperstune of Food product on: O5-00-1 ; ote * For Further iteration Sooas coe: Recipbert= HENVE KANGENTY : Tie MGA STAT INSPECTOR, 85487-1995 Prawn: TH-SPE-7116 DMPA Pormy Hil 8022-006 Oct 9 2006 9:55 lefag/28ee 8:49 8584146749 DEPR OGA PAGE 86/a7 EXHIBIT B rage 2 STATE OF FLOHIDA cere Number DEPARTMENT OF BUSIEGE AMD PROFESSIONAL REGULATION Seat SPADE? ‘DIVISION OF HOTELE AND FIESTAURANT# jaw ayers Busines Name OMLRACK IMEFECTION REPORT ELE; CAPE nepection Darn 6/08 3:76:50 PM Feline to comply with thie Netien non nltints an adeninistratire sneuploint Meat mer mare i ewrenetin or Ferventton wf your Mansa five. d mnplcinee seitch From working with rw food to needy-to-wet food without venshing hands, Bon: 2437-5 OPAL Form HR S315

Docket for Case No: 06-003873