Aug 31 200? 10:00 DEPR OGA PAGE 83/14 g@a/sl/28e7 89:55 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, v5. : License No. 6602765 MOJOS CAFE Respondent . Litense Type 2010 POngent Case No, 2007014362 DMINISTRATIVE CO J The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (Petitioner), filas this Administrative Compiaint against MOJOS CAFE, (‘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 20.168 and Ghapter 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 1721 AVENUE b, FORT PIERCE, FLORIDA 24950.The mailing address of record ia MOJOS CAFE, at 10615 PINENEEDLE DRIVE, FORT PIERCE, FLORIDA 34950. 3. Inspection of this establishment condueted pursuant to See. 509.032, Florida Statutes, revealed violations of tha provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of thé establishment. The violatian(s) found and applicable law are described in Exhibit “A,” attached herate and Incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated herein by reference. WHEREFORE, Petitioner respecttully 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 pragtam 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 509, Florida Statutes, of the rules promulgated thereto. Signed March 16, 2007 f . ; a names rns Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professignal Regulation COUNSEL FOR THE DEFARTMENT; Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 [>] [4 ERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY thata true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of _a0 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2007014352 District Nuriber: o4 Licange Number. 6802766 2010 Form ravisad 46.10.06 MOQUOS GAFE Aug 31 2007 g@a/sl/28e7 89:55 8584146749 DEPR OGA PAGE @4/1a Exhibit A License Number: 6602765 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007014352 Fc as cited hereln references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adminitration, incorporated by Chapter 61C, Florida Administrative Code, NFPA as cited herein referances specific provisions of the National Fire Protection Assaciation Lite 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 2 critical violation. It is alleged that on November 6, 2008, February 27, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAG), In the follawing particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8, * 4.39-09-1 5-206.11(A) FC: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT I$ ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. HEAT OHEN HANDWASH SINK WAS OBSTRUCTED BY FOOD STORAGE CONTAINERS IN THE BASIN. * #.634-07-1 61C-4.023(1) FAC:: (1) RACH LICENSED ESTABLISHMENT SHALL HAVE A MINIMUM OF ONE CERTIFIED FOOD PROTECTION MANAGER RESPONSIBLE FOR ALL PERIODS OF OPERATION. ; THERE WAS NO CERTIFIED FOOD MANAGER FOR THE ESTABLISHMENT. * 3.53B-08-1 509,049 FAC: FOOD SERVICE EMPLOYEE TRAINING, THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL. PROVIDE FOR A FOOD SAFETY TRAINING, CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS AGT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL, IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL, THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001, FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF EMPLOYEE TRAINING. " denotes critical violation , District: o4 Case Number: 2007014352 License Type: 2010 File Number: 200368 License Number: 6602765 MOJOS CAFE Aug 31 200? 10:01 8/31/2687 89:55 8584146749 DEPR OGA PAGE 85/18 pe Page J STATE OF FLORIO DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION a EXHIBIT g LEGAL WOTICE Kahtare to comply with thie Motice may intents an adminietrative complaint that nimy rewntt In suspension of revocation ef your Honnes acd fines. 0207/07 O80 AM e602765 SEAT Galibeck Inspection Date and Tre Leensa umber JERGER GREGORY PPE AEDT TH AtGH fekephone Number MOIGS GAFE Busnes Romer pection Raul, aa 11/06/2006 Norbert Unie Requested Calboek Da iaRT Wargo 1721 AVENUE FORT PIERCE, 24050 ; ip 0 proof oF mquired employee training provided, ‘All public food serves extablghments must nmivkia the division Witt, proof of erwleres falnlig upon request eeu, eit tot dimitn . at the time of any divalen Inspection of the extallishment. This violation must be comected by : 02/07/07. Kolation: S3A-07-, fo Certified Food Manager for establishment. This wolation must be enrrectnd by | 0297/07, lation: 31-09-1 One? Data Signature of Ragshodestt km Inepoctor Signature Recipients Gregory [ f Further formation please contest: Lauren P, Parnes, Tite owner Sankation and Safety Bpeckillae 400 W, Robinson St, G02 N Prone ' Ovid, FL 32802 772.460.9700 #on457 1598 DBPR Ferm HR S020 Aug 31 200? 10:01 ae/31/20a7 89:55 a5a4146749 DEPR OGA PAGE 86/18 2 te ; . Punt STATE OF FLORIDA ears Narics DEPARTMENT OF BILSTNESS AND PROFESSIONAL REGULATION EXH, sar 6602765 DIVISION OF HOTELS AND RECTAURANTS ij B | T eine Name wen myiorida.cont/abpr OS CAFE CALL BACK INSPECTION REPORT Tmipegtion Date LEGAL MOTTCE OR/RTAOT 09:40 AME Fallure to comply with this Notice may Initiate an adurinietrathe complaint that may maui kx euspention OF rewecation of pour (loenee abd fines, anidtwrash sink Adt accessible for employed Woe at all times. Kitchen handalnk obstructed By pan it kaw and beveral dl ry [) teen fod Sonsekis meat ity Pant On floor hy frout of it. Kichen hvhdsink bealn ie ebstrocted following Jeun(s} are in comphence: 2 MOL and Restattrant Acense not propery diplayed. Ration: 47-26-41 Houtlet musing cover plate, dinita rom, 5 AB , nearved Sbetructed exit, ttwitt, hatheays of earn, ade deft in kitchen hap peveret sods canletere in ctulvell, ation: 4LA02«1 heared bode ieem stored by food, S14 grease accumubsied oH kfichen floor, under fryer, 2405-1 eon glattes, cups, utarcis, pow. and Pane not stored inverted or ina protechad manner, siverware and plsbes-on buffet, thon: 21-92-41 swiping cleth net strived in sanitizing solution bertveadty tives, lation; 16-13-1 beerved equipment and ubensis not washed, rinuest and sanitized in the correct otder In three-cortpartment aint, Ration: 15+35-1 Dbearved knife block in une 6: ctore inives, Men: OFB09-1 , Potentially hazardous food nat hekd at L353 degrees Fahranhatt or above. Macaroni ond cheese on cookie at 202 F, apirttor stated it was taken out ie than J, howe age, O8PA Ferm HR 5022-00! Aug 31 200? 10:01 ae/31/2087 89:55 s85adlderag DEPR OGA PAGE 87/18 STATE OF FLORIDA, Pane 4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION PIVISION OF HOTELS AND RESTAURANTS é2.com/dbpr FooD ocroe nt INSPECTION REPORT EXey SIT B LEGAL NOTICE Feiture to comply with this Notion may initats an admiinetative cemplsint fiat riay éwant in sugpanslon or revocation nf your license and fines, 4 110 cP G50; SEAT Inspection Date and Tima RGER GAG Lieanee Number Crvner Name B57 MOO: FE Aron Coda/Telaphone Number Business Nar Namber of Uva an: fl Callback Daw/Time Licerme Expin 1721 AVENUE D . FORT PIERGE, 34660 “ee Addreee /Cily/ State / Zip / ate. trem 45; Fire Seirguiehers and Firs item 53a: Cer, Food Managers ftem 20; Warewarhing Sanitestion Mastioe!, buffai tne, 170 Degrees F, *N Fice, buffol fing, #80 Dagraan F,, . "Sanitizer Type! Not Set Up "Matton! and charms, cook Frnt, 103 Dogreen F Boot, cook ting, 145 Degrmes F, BaoP iiiss, earch In cooler, 42 Deoming F NOTE: item marked abowd with an asterisk (*) Indicate = violation Ingpectars Comments Oat jnepecton report, tast strips, thermometer, hood Inspection report, helmlich poster, and Chap $09 provided. “No proot Provided! Wab Sik: any florida comvatypr . Hound dives chan hes.p entifieation cats af A Clits K bps Flr: Extingutahan, fiend ina Ritchon fing g cenifiestion dst of ODS lacmowlsdge mcalst of this inspection form and carnmente. 11-08-06 Date Slonature of Recipient (i Signatuns Recipient: Gregory Jeger For Further infortheton Blessed Gontact Tite Cwner Lauren P, Permess . Sanitation and Safety Spacialiet 400 W. Robinect St, Phone: F72466 9700 850.487.4998 STATUS STATUS PHF TEMPERATURE CONFROL ln 01a Approved source: In "Oda Cold food At proper fempermtures during storage, in frothy Whelsome. si cndion display, service, [Out __|-03b Hot food at propar temparature A03c Foods property cooked/rahented 030 Foods properly cooled "04. Facitiiiag to malntaln product temperatura “O05 Tharmomaetens proviced and conspicug.s INA 02-11 Consumer actviec tn, aw/undlorenoker ovstors INA __{*02+13 Consumer advisory on raw/undersooked animal Vinkations rrarked With an aaterigk ate critical vicistions. tema morked JM are in compliance. Tarts Mand OUT are vicina Specie dents of vistation ara tisted on DBPR Fort MR B0ee276- Aug 31 200? 10:02 Oe/31/2087 89:55 a5adi4e7a9 DEPR OG PAGE 08/18 Page 2 License Number STATE OF FLORIDA i DEPARTMENT OF GUSINESS AND PROFESSIONAL REGULATION gig CoAT, eb DMSION OF HOTELS AND RESTAURANTS ness Name if wera myfionde,comidbpr MOJDS CAFE & FOOD SERVIGE INSPECTION REFORT ingpmetion Date LEI 41/08/06 11:22 AM GAL NOTICE Fallure to comply with this Notion tray inflate an administrative complllnt thet may reerult in suttversion OF hiWvecation of your Noenae And Anes, STATUS _ |: PHE TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL [th 87 Unwrapped or potendally hazardoun food not re-served 83 Containers covered, adequate number, insect and rodent proof, emplied at proper intervals, clean thea Food protection during storage, preparation, ciaplay, forvice, transportation 4 Outakde tarage area clean, enctoture property 08h Crose-centamination, equipment, parsonnet, Storage ll out | [inp Personne! wit infections ragiricteg “12a Hands washed and clean, good hyglenic practices (obaerved), altemathe opartng plan | 12h Proper hygienic practices, estingvdrinking‘amoking: (evidence) [3 ctean aothes, gir restraints: | ik ployee lockers provider Hind used, clean FOOD EQUIPMENT AND UTENSILS lout ‘Pate Tome hatis property stored P46 Tosde ltamtis labeled and ubad Bidped 14 Food contact surfaces dedigned, constructed, In maintained, instatled, located ' 15 Nenfood contudt eurfaces designed, constructed, maintained, jaakHled, tocated Li Lt Préflushed, sopepite, exvaitae [Fra wash, rinse wetereioan, propertemerstte | | __ 209 Santtzing conpaniration low [Fon senting empersurg jot at Wiping cloths dean, used property, stonad lin_____°22 Food contact surlaces of equipment and utensils clean | STATUS Oust P50 Curren license propery displayed S1_Otter conditions sanitary and tate operation “52 False/misiesding statement: published or advertised ralaiing to food/bovoraye g 8 ti Eq d | _____|2S Service items property etarad, hanced, dispensed [26 Single surviea articlaenotauad ft 839 Food manapemont cortifcation valid [STATUS | ss WATERANDSEWAGEPLUMBING [out *s3b Employee tmining valtaven Roy Water source anfo, hotand colgurderpressure | _——=—sBAFipaa Can Indoor AnAct | : |__| AwomaticGratulyNotos "31 Tofet and handwashing facilities, number, convenient, designed, instatled Restmoms with satf-ciosing doors, fixturét operate property, faciitty dean, supplied with handseap, disposable towels or hand drying devicss, tissues, covarad waste Total Number of COS Violations: Total Number of Rapeat Vielations: Violetione marked with en nsterisk are e¢hioa! viototiona, Nuts tnavked IN ore In compliance. Items Marked OUT are violutions. Spectic detalts of violation are listed on SUDTEqUER pagdd. Hama tmikad NIA Bes Not Appticatie, tems Marked a3 NPG pre Not Observed, and wore net fring Roqduaed at the tine of Inepection. OBPR Form HR Siiz2-15 Aug 31 200? 10:02 ag/si/28e7 89:55 s5ed14e749 DEPR OGA PAGE a@9/1a Page 3 EITATE OF FLORIOA Monroe Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGURATION uo y an , . DIVISION OF HOTELS AND RESTAURANTS rye iT : wea miyforide.comdber \ wonapond 8 ree ion FOOD BERVICE INSPECTION AEFORT 1DB08 11-22. AM . LEGAL NOTICE Failure to comply with thi Notice may inliate an administrative complaint thet may result in suspension or revocation of your lleense andfines, Wemmng(s: 47-18-1:Electrice! outlet misting cover plate, dining mom. 90-00-1:Hotal and Reataurpn Hoanee net property dlapiayer), 24-05 trOlasn ghiased, cups, utensils, pote snd pens not gion Inverted oF ina pfotected manner, alverware and pigtes on buffet. 46-08% T-Obeorved oositucied exdte, stairs, Nalwaya or egress, sida ext in kitchen hod severd! soda Canisters in stalrweH, 26+} 7,Ooserved greane accumuinad on ich feos, under fryer. Od Bode :Potentially hickatious food not hald at (36 degiges Fabrenhell or above, Macavonl and cheese on cooking at 10d F, gparsioc ateled 4 wig iaken out fees ten 1 how aga. 15,36-1:0teenved knife block in uke to atari nha. 34-03+1 ;Hanchweeh sink not acoesalbie For employed ust at afl ime, Renn nandgink abstructed By pan in basin and severe dity pena on floor in front ot, 21-12-1Wet wiping Scrh not stored In sanitkzing edition: between umes. 18-13. :ObseTved equipment and utensils not washed, rinsed and sanhized In the eqroct oraiee in Ihreeecompertmant sik. 1AM: Observed inde Kem tonid by food. S34-07-1.No Certiiad Food Manaiger for estapiighment. This viciotlan must be camected by : 02/07/07, SCE-0R+ 1:0 proof of requited employee training provided, All publle fod service eatablichmenta Inu provide the division with oroat aemphayee training dpet mqeed, incuding, but nal iitrted bo, atthe time of any aniston Inspection ofthe esinbiechmnent. thie ‘eto Jnl be corrected by: (ATZAr?. OBPR Form HA 5022-045

Docket for Case No: 07-003971