Now 15 200? 15:59 11/15/2887 16:45 8589219186 DEPR PAGE 83/85 STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, V5, EL CARAJO TAPAS & WINE License Type 2010 \ Respondent Case No. 2007039647 ADMINISTRATIVE The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against EL CARAJO TAPAS & WINE, (‘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, Florida Statutes. 2, Respondent is, and has been at all times material hereto, licensed hy or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 1180 SW 57 AVE, WEST MIAMI, FLORIDA 33144.The mailing address of record Is EL GARAJO TAPAS & WINE, at 1180 SW 57 AVE, MIAMI, FLORIDA 33144. 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 tha rules promulgated therato 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 "8", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the follawing penalties: administrative fine not to exceed 31,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, of refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed July 13, 2007 S o>. Shannie Kallas, District Manager By delegation of tha Director, or designee Division of Hotels & Restaurants Deparment of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 8228 I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand servad by me onthis___ day of , 2007. : Received by: Inspector's Signature Operator's Signature Title Title Case Number; 2007039647 District Number: 07 Ligense Number: 2326168 2010 Form revised 10,10,06 EL CARAJO TAPAS & WINE Now 15 2007 11/15/2887 16:45 8589219186 DEPR PAGE @4/@5 Exhibit A License Number: 2326168 License Typs: 2010 PERMANENT FOOD SERVICE Case Number: 2007039647 "FC" as cited herein rafarences spacific provisions of the Food Cade, Racammendations of the United States Publle Health Service, Food and Drug Administration, incorparated by Chapter 61C, Florida Administrative Code. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by raference at Chapter 4A-3, "Fire Prevention, General Provisions", Florida Administrative Gode, and 61G-1.004(5), Florida Administrative Goda, “*" denotes 4 critical violation. it Ie alleged that on April 11, 2007, April 13, 2007, and June 15, 2007, 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 referance as Exhibit B, * 41. 08A°07-1 3-501,16(A) FG: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME |S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A) 41 DEGREES FAHRENHEIT OR LESS: OBSERVED POTENTIALLY HAZARDOUS FOOD GOLD HELO AT GREATER THAN 41 DEGREES FAHRENHEIT. * 2.0401-1 4-801.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLOING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES-4S$ SPECIFIED UNDER CHAPTER 3. OBSERVED GOLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES. Case Number 2007039647 : Dletrict Number: 04 cense Number 2526168 2010 Form reviead 10.10.08 EL CARAJO TAPAS & WINE

Docket for Case No: 07-005231