STATE OF FLORIDA 9 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — PH 1p, DIVISION OF HOTELS AND RESTAURANTS ang Vp a $44 thls DEPARTMENT OF BUSINESS AND HOES Tish ou PROFESSIONAL REGULATION “ARYA Ve Petitioner, ; "Se vs, . . — TINO'S CUBAN EATERY ricense No. Sere 0 [ -O 4 5 Respondent. yp ; Case No. -2006058988 ADMINISTRATIVE COMPLAINT “The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against TINO'S CUBAN EATERY, (“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 ail times materiat hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 1021 DILLARD ST, WINTER GARDEN, FLORIDA 34787.The mailing address of record is TINO'S CUBAN EATERY, at 1920 FLORENCE VISTA BLVD., ORLANDO, FLORIDA 32818. 3. Inspection of this establishment canducted 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; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a licerise issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed October 26, 2006 , . x . Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attomey Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 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 , 2006. Received by: inspector's Signature Operator's Signature Title Title Case Number: 2006058988 District Number: 04 Licanse Number: 5810932 2010 : Form revised 10.10.06 TINO'S CUBAN EATERY. xg Exhibit A ! License Number: 5810932 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006058988 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. It is alleged that on October 11, 2006 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. * 4.52-01-1 509.292(1) FS:: (1) AN OPERATOR MAY NOT KNOWINGLY AND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PRODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT. THE IDENTITY OF FOOD OR A FOOD PRODUCT IS MISREPRESENTED IF: (A) THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT |S FALSE OR MISLEADING IN ANY PARTICULAR; (B) THE FOOD OR FOOD PRODUCT !S SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT; OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DOES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND USAGE. GROUPER AND RED SNAPPER DISHES WERE OFFERED ON THE MENU. HOWEVER, THE OPERATOR COULD NOT PRODUCE INVOICES SHOWING GROUPER OR RED SNAPPER AND COULD ONLY PROVIDE INVOICES FOR TILAPIA, FLOUNDER AND BASA. * denotes critical violation District: 04 Case Number: 2006058988 License Type: 2010 License Number: 5810932 File Number: 195330 TING'S CUBAN EATERY 10/11/06 11:45 AN Trspection Date and Tene ‘TINO’S CUBAN EATERY Date So il further Information contact; Recipient: Ricky Perez : For Piensa ALEX CHIU Tie mor Senior Sanitation and Safety Specialist 400 W. Robinson St. N802 Orlando, 32802. id 06 Potentially hazardous foods properly thawed Violations marked with an ‘asterisk are critical violations. Ikems marked IN 272 hr complance. Ttema Marked OUT are violations, Speciic detalis of viotation are teted on subsequent pages, [tems maried NA are Not Applicable. Ttome Marked a5 N/O are Not Observed, and were not being conducted at the time of inspection. DOPR Form HR 5022-016 Violations marked with an asterisk are critical violations, [tems marked IN subsequent pages. Items marked N/A are Not Applicable. Items Marked as Denson OF EDA << se OXHIB et wc FOOD SERVICE INSPECTION REPORT : a 10/51/06 12:46 AM revocstion of your license and fines. tides Rot WATER AND SEWAGE/PLUMBING 27 Water source saf a d cold under pressure *28 Sewage and waste water disposed prop Facities er, convenient, Total Number of Repeat Violations: are hy compilance. items Marked OUT are violstlons. Spacific datails of violation are fisted on N/O are Not Observed, and were not being conducted at the time of inspection. DBPR Form HR 5022-015 Page 3 Ucense Number STATE OF FLORIDA SEAT 5820932 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS ‘TINO'S CUBAN EATERY www.myflorida.com/dbpr : Inspection Date FOOD SERVICE INSPECTION REPORT 10/11/06 11:45 AM - LEGAL NOTICE ° Fallure to comply with this Notice may inltivte au administrative complaint that may resuit in sespension or revocation of yoar license and fines, Administrative Complaint(s): 52-01-:Identity of food or food product misrepresented. {OBSERVED MENU INDICATES ESTABLISHMENT SERVES BAKED GROUPER, BAKED TILAPIA, FRIED RED SNAPPER. CPERATER COULD NOT PROVIDE INVOCES FOR GROUPER AND RED SNAPPER WHEN REQUESTED. DID OBSERVE INVOCE FOR TILAPIA , FLOUNDER AND BASA'FISH FILLETS . SUB Ir p ‘Waming(s); OBA-11-1:Observed food stored In ice used for drinks. A GALLON OF MILK INSIDE ICE MACHINE 09-01-4:0bserved inrpropar usa of bow!/plastic food contalner or othe? container with no handle used to dispense ready-to-eat food. A BOWL INSIDE THE ICE MACHINE 49-13-1:Deep fat fryer installed wittiout 16-inch separation trom open fame. 02-22-1:Ready-to-eat, potentially hazardous food prepared on site and held more than 24 houss with not properly date marked. COOKED MEATS__COOKED RICE 02-07-1:Observed processed ready-to-eat, potentially hazardous food held more than 24 hours not property date marked after opening. MILX ‘08A-27-1:Observed rew animal food stored over cocked food. 0BA-29-1:Observed uncovered food In holding unit/ry storage area. Roast pork le RIC 08A-25-1:Observed uncovered food in holding unk/dry storage area. Flour plate in kitchen O8A-27-1:Observed aw animal food stored over cocked food. In RIC OBA-26-1:Observed raw animal food stored over ready-to-eat food. IN REC 224-24 1:Obsered raw nina fonds not propery separated rom each oer hodig ening reparation. {RAW FORK, RAW CHICKEN, RAW FISH , STORED IN THE SAME (22-28-1: Observed interior of reach-in cooler solled with accumutation of food residue, 22-17-1: Observed solled reach-in conler gaskets. 12A-22-1:Observed food employee touching ready-to-eat food [ bread, cocked pork] with their bare hands and the establishment has no approved Alemative Operating Procedure. 128-07-1;Observed an open beverage container on a food preparation tabla or over/next to clean equipment/utensis. 32-03-E:Lack of signage properly designating bathrooms. {a restroom: hes a unisex sign, the other restroom has no sign to designate sexes} DBPR Form HR 5022-015 Page 4 i LUcense Number STATE OF FLORIDA ; SEAT Business Name 20/11/06 11:46 AM LEGAL Fatiure to comply with this Notice may laltiate an admiatstrative complaint that may roesait in suspencion or revocation of your license and fines. 538-06-1:No proof of required emplnyee trelning provided, Al public food service establishments must provide the division with proof of employee trainiag upon request, inctucing, but not Bimltad to, at the tine of any division inspection of the establishment. Pro This viokstion must ba corrected by : 2-11-07. 5-09-1:No conspicuously located thermometer in holding unk, AT COOKLINE COOLER 10-08-1:0bserved ice scoop with handle in contact with Ice. IN FRONT COUNTER COOLER 27-46-1:Mot water nok provided/shut off at ernployee hand wash snk. In employee restroom 53A-09-1:No currently certified food service manager on duty with four or more employees engaged br food preparation. Corrected Ow Site. 45-39-1:Portable fire extinguisher not property mounted at least 4 Inches off the floor atd the top no higher than 5 fest off the floor. ABC TYPE, ON FLOOR IN KITCHEN 38-07+1:Ughts missing the proper shiek, sleeve coatings or covers. IN KITCHEN 44A-10-1:Observed tide em Improperly stored, TOXIC ITEMS STORED INSIDE THE MIXER 44A-02-4: Observed toxie Rem stored by food, Tit KITCHEN 21-20-1:Clean wiping cloth not property stored, CLEAN WIPING CLOTHS STORED INTHE RESTROOM : 25-06-1:Observed single-service articles stored without protection from contamination. OBSERVED FOIL PANS STORED IN THE RESTROOM DBPR Form HR 5022-015

Docket for Case No: 07-000495