STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : License No. 5852754 EL POTRO CATERING i . License Type 2014 Respon ha . Case No, 2006045504 a, ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this ‘Administrative Complaint against EL POTRO CATERING #2, ("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 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 707 S ORANGE BLOSSOM TR, ORLANDO, FLORIDA 32805. The mailing address of record is EL POTRO CATERING #2, at 8480 FORECASTLE COURT, ORLANDO, FLORIDA 32807. . 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 offanse, mandatory attendance at Respondent's oO expense at an educational program sponsored by the Department's Hospitality Education Program, : suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 609, Florida Statutes, of the rules promulgated thereto. Signed August 22, 2006 : Valede 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 Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 4940 North Monroe Street , : Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED US. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been _ 2008. hand served by me on this day of Received by: Inspector's Signature Operator's Signature Title : Title Case Numben 2006045504 District Number 04 License Number: 5882764 2014 Font revised 07.17.06 EL POTRO CATERING #2 éG/Pa Fevd YOO ada 6pl9P pags eG:sa #082 /ST/ER 25:6 400¢ ST 4eW Exhibit A License Number 6882754 License Type: 2014 MOBILE FOOD DISPENSING VEHICLE Case Number: 2006045504 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 616, Florida Administrative Code. NFPA as cited herein references specific provisions of ihe National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61G-1,004(5), Florida Administrative Code. * denotes a critical violation. itis alleged that on July 11, 2006 the licenses was in violation of Florida Statute 609(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 atlached hereto and incorporated by reference as Exhibit B. + 4, 50-031 §09.244(3) FS, 64C-1002(1)(7) FAC: ANY LICENSE ISSUED BY THE DIVISION SHALL BE CONSPICUOQUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT. PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH OFFER CATERING SERVICES SHALL DISPLAY THEIR LICENSE NUMBER ON ALL ADVERTISING FOR CATERING SERVICES. THE CURRENT LICENSE FROM THE DIVISION SHALL BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT. IF NO OFFICE OR LOBBY IS PRESENT ON THE PREMISES OF THE LICENSED ESTABLISHMENT, THE LICENSE MUST BE READILY AVAILABLE FOR INSPECTION UPON REQUEST. THE DIVISION SHALLISSUE A LICENSE, WHIGH IS BPR FORM 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, INCORPORATED HEREIN BY REFERENGE TO EACH PUBLIC FOOD ° SERVICE ESTABLISHMENT WHICH HAS SATISFIED THE REQUIREMENTS OF CHAPTER 609, Fs, AND THIS CHAPTER UPON INITIAL LICENSING AND ANNUAL RENEWAL. IN ADDITION TO THE LICENSE, THE DIVISION SHALL ISSUE A LICENSE DECAL, WHICH IS BPR FORM 21-023, LICENSE DECAL, INCORPORATED HEREIN BY REFERENCE TO EACH MOBILE FOOD DISPENSING VEHICLE, THEME PARK FOOD CART AND VENDING MACHINE WHIGH MUST BE PROMINENTLY DISPLAYED AND AFFIXED TO THE VEHICLE, CART OR MACHINE. THE VIN NUMBER ON THE VEHICLE BID NOT MATCH THE VIN NUMBER ON THE DBPR LICENSE. 2. 61-46-1 61C+1,002(6\(0)(1) FAC: (1) THE OPERATOR OF EACH PUBLIC FOOD SERVICE ESTABLISHMENT TO BE NEWLY CONSTRUCTED, REMODELED, CONVERTED, OR REOPENED SHALL SUBMIT PROPERLY PREPARED FACILITY PLANS AND SPECIFICATIONS TO THE DIVISION FOR REVIEW AND APPROVAL IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 508, FS, AND RULE CHAPTERS 61C-1 AND 61C-4, FAC, SUCH PLANS MUST BE APPROVED BY THE DIVISION PRIOR TO CONSTRUCTION, REMODELING, CONVERSION, SCHEDULING OF AN OPENING INSPECTION AND LICENSING. THE APPROVED VARIANCE WAS NOT BEING FOLLOWED. ONE EMPLOYEE WAS ON THE TRUCK BUT TWO WERE REQUIRED ACCORDING TO THE VARIANGE. * 3.08A-07-1 3-305.14FC: FOOD PREPARATION. DURING PREPARATION, UNPACKAGED FOOD SHALL BE PROTECTED FROM ENVIRONMENTAL SOURCES OF CONTAMINATION. THE CUSTOMERS WERE SERVING THEMSELVES. * denotes critical violation Case Number. 2006045504 District: 04 License Number 5852754 License Type: 2014 EL POTRO CATERING #2 4@/SA J5%d YOO sddd Bp29P Tress 65:08 4882 /ST/Ee 25:6 400¢ ST 4eW DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Diviglon of Mottla and Restaurants - LEGAL NOTICE Food Servica Inspection Report 17] 2010 Permanent Food Serica 2012 Theme Park Food Cait C3 2013 Catering J Licensing (LIC) 32Complaint Full (COMP) *] Complaint Partial (CPAR) Jj Disaster Raaponse (DST) 7] Epldamintogical (EFI) 1] Servioe Reaques! (BERV) REMINDER: Your ieange expires Ags : End F ; 2 Guatty Assurance (34) Original Vist C]Gallback 3} Trainkag (TRNG) aT Se arded itare to ra ieftof each fem Indiaalp 5 status a the napaction = Incomplianca OUT = notin compliance _ NIG = hot observed NIA, = not applicable, it violation : : COMPLIANGE STATUE ; (1a _| Food obtained irom approved source Dh | Wholesome, sound condition : __| Original container; properly labeled, data marking, shell stock tags, Consumer advisory on rawiundergooked oysters Consumer advisory on rawvundercooked animal products Cold food al proper temperatures during storage, display, servica, transport, ~T ipproved Source ‘onsumer Advisory nour iotentially 1 OUT and gold holding lazardous Food ouT | NO [| N/A | 93b | Hotfood at proper temperature ime/Temperature "NA_|_03c__| Foods propariy cooked/reheated _ ~ " Foods proparly cooled Unwrapped or potentially hazardous food not re-served Food profaction during storage, preparation, display, serica, transportation rotection from ‘ontamination O8b | Crpse-contaminalion, equipment, personnel, storage T ; 39 - | Food contact surfaces clean and sanifized oo i NIC | 09 | Foods handied with minimum contact Tf 11] Personnel with infactions testicted i) OUT Co, fea Hands waste and clean, good hygienic practices (obseived); alternative T ersonne! Cour (Nay) | Proper hysloni Tractioes, eatingldrinkinglemoking (evidence) yp a Restrooms with self-closing doors, fixtures operate proparly, faciilty claan, K our) : 32 | supplied with hand soap, disposable towels or hand drying devices, dssua, aie | covered waste receptacles Ol Ha_ | Teale substances properly stored [a] hemical it. 1; jmonstationof (a)_OUT rowledge fw) ou tb | Toxic substances properly labeled, used 53a _| Food management carlification valid ; Ty Tap Prous 7 Training verification ; Dale pdms Compt Racommended Cy Eaone Over Recommend nena | C1 Gallback —Compiiad (CBOM) (ACRO) Administrative Conplalnt Calbatk = o Emorgancy Order Catback — Compliad (EOC! \nspection Complatad ~ No Further Action (IAT) Warning Given (WARN) 1) Cotback ~Extonsion Givan (CBEX) Dee ACen Seasonal (SEAS) Callback - Admin, Complaint Recommended oO Aiminishtve Comat Calback-Time | Emarjeney Onder Calback Tine oO (CBNO} vi (AGEN) —- 08d 0 Adminketiaive Defecrination Recommended | “Admmbtebative Complain Celback—Not” |, “Emfrpancy Order Galback ~ Not A | Compl (ACN . ; Complies (BONO! Closed - Out of Business (COFB) is » ee ee | PIO (a al? Be riattaee ; Ze? ences Sun = prFotm HR 5022-015 — wey: MyForkde.corvabpr zone May? Burk BEY éa/9a 39vd YOO Nad SPé9PTPass zSiea sgaz/STYEe eo:6 86400 ST 4b Page 2 of ge Fiat Frisian DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DBPR,. sneer eel Food Service Inspactian Repert 7 __SOWP STATUE 34 Guiside storage ama clean, anclogure proparly sonstuelad DANCE STATUS ‘COMPLIAN *04” Faclifes to maintain product temperature "_ j 05 Thermomelers provided and conspicuously placed i 75a Presence on Insectsffodants. Animate prohiblied 7 y,) 06 Potentially hazardous foods property thawed _| 735 Outer openings protected from Insects, rodant proot 7 *08c Potential for ciose-contamination, storage practices; damaged 38 Physical faciiiflasfioore property construcied, clean, dratnad, food sagreated a : 10 ih Use food clepensing utensils properly stored Ta? Physical faclities-walls, callings and altached equipment, 113 Clean clothes, hair restraints _. __ constructed, clean J 714 Food contact surfaces designed, constructed, maintained, tT aE Cghting provided ax required. Fixtures shlaided __instatted, located _.. . - 39 Rooms and equipment — vented ae required — STF Non-food contact surfaces designed, constructed, malntalned, EL 4a" Employes lockers provided and used, clean 7 Installed, located _| (1 42 Premisas maintained, no unnecessary atticles, Cleaning & S78 Dishwashing faciities designed, constructed, operated maintenance equipment properly stored. Kitchen resticted. 1. Wash 2.Rinse_ 4, Sariltiza 43 Cemplole separation trom fiving/sieaping area, laundry “TTT Thermometers, gauges, twat kits provided 44 Clean and soilad linen gagregated and properly stoped_ 18 Pre-flushed, scraped, soaked TE Fire extinguishers — propar and sufficient FIRE EXTINGUIBHERE: Dato(s) SUPPRESSION BYE TEMB: Dala)s} *20b Sanitizing tamparature "748 Wash, rinse water clean, proper temperature { "20a Sanitizing concentration in Se ppm nq * Fahrenheit =f 0 0 ROC. “Tet Wining colhs clean, Used proparly, stored . 23 Non-food contact surfaces clean _. "46 _Exilng syslem — adequate, qood repair_ . L_ 24 Storage/handihg of cleah equipment, Wensils “47_ Electrical witing - adequata, good repair 25 Service ltams properly stored, handled, dispanged TI 748 Gas appliances ~ propefly Installed, maintained 1 26 Single servic articles not reused “49 Flammabla/combustible materlals ~ properly stored 727 Wetpr source safe, hat and cold undef preBsuTe Current lloense, property. displayed "38 Sewage and waste water disposed properly Toe'St.- Glier conditions sanitary and sete paration “730 Plumbing Installed and maintained 52 Falsq/inisieading atatamenis published or advariised refating [59 _Cmss-connection, back siphonaga, acidiow i to foodihaverage . _ 47°31 Toilet and hand washing facililas, number, convenient, designed, ||, hme (54 Florida Clean Indoor Alr Act Compliance pL | “Installed : ‘55 Automatic Gratully Notice 33 Garbage contalners covered, adequate number, insect and mdent 56- Gony of Ghapler 509, Florida Stglutes avallaye “L157 Hospialty Education Program Information provided _. ___ proof, emptied at proper Interval, clean 5 below, or as stad on page __ _ Meth “The. like O22 tHe, Dede Liane « app Ve rence \s_ far Being Coloured, OULY he, rau JalOypres, 16 _—Ou) He Tet 2 ee. Pema pgm go Be oo 33 ha Wied dy fodece mt die. Wied wie Siu kG es ben Reausdal tor the haw fol line ara Oat ae piaad eae ae Beles pee es 6 arson in Charge (Signature! Te eh ied Date eo zh v0} i gnature! OV wast tnt - NS — Data _ Atlee. BPR Form HR 5022-015 www. MyFlorida.canvidbpr 2006 May 2 tied In this ‘enor must be ¥ : 4/48 Fold YOO sddd Bp29P Tress 65:08 4882 /ST/Ee Bo:6 400¢ OT ey

Docket for Case No: 07-001221

Issue Date	Proceedings
Apr. 27, 2007	Order Closing File. CASE CLOSED.
Apr. 10, 2007	Joint Motion to Relinquish Jurisdiction filed.
Mar. 21, 2007	Order of Pre-hearing Instructions.
Mar. 21, 2007	Notice of Hearing (hearing set for May 10, 2007; 9:30 a.m.; Orlando, FL).
Mar. 16, 2007	Response to Initial Order filed.
Mar. 15, 2007	Initial Order.
Mar. 15, 2007	Administrative Complaint filed.
Mar. 15, 2007	Election of Rights filed.
Mar. 15, 2007	Agency referral filed.