Feb 25 2008 9:53 g2/25/ 2888 89:53 8584146749 DEPR OGA PAGE 83/86 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Vs. PALMETTO LATIN GAFE Coen’ a 52081 PALMETTO LATIN CAFE Gase Ni T OOvORTE Respondent, ase No. 7a / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PALMETTO LATIN CAFE, PALMETTO LATIN CAFE, ("Respondent"), and says: 1. Petittoner is the state agency charged with regulating the operation of public lodging establishments and. public food service establishments, pursuant to Section 20.166 and Chapter 509, Florida Statutes. : 2. Respondentis, and has been at all times material hereto, licensed by or subject to the jurisdiction of the _ Division of Hotels and Restaurants. The Tespondent’s business address of record is 7380 W 20 AVE, #101 , HIALEAH, FLORIDA 33016.The mailing address of record is PALMETTO LATIN GAFE, at 7380 W 20 AVE, #101, HIALEAH, FLORIDA 33016. Inspection of this establishment conducted pursuant to Seo, 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 hereln 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 ofthe 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 license Issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated therato, Signed December 20, 2007, Carlos Lezcano, uty 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 1940 North Monrce Street " Tallahassee, Florida 32899-1007 CERTIFICATE OF SERVICE BY CERTIFIED US. MAIL, ARTICLE NUMBER; 7160 3901 9849 9961 4534 | HEREBY GERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMBLAI NT has heen hand served by me onthis___ day of , 2007, Received by: Inspector's Signature : Operator's Signature Title . : Title Case Number: 2007067972 — File Nurnber: 578 District Number, 01 License Number: 9900000 2051 Form revised 07.07.07 PALMETTO LATIN CAFE Feb 25 2008 9:59 g2/25/ 2888 89:53 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: NO LIC a Licensa Type: 2051 NON-LICENSED FOOD SERVICE Case Number: 2007087972 "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 616-1 .004(5), Florida Administrative Code, “™ denotes a critical violation, It is alleged that on September 10, 2007, and November 28, 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. Gopy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. : * 1. 05-08-1 4-302,12 FC:: FOOD TEMPERATURE MEASURING DEVICES SHALL BE PROVIDED AND READILY ACCESSIBLE FOR USE IN ENSURING ATTAINMENT AND MAINTENANCE OF 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, NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT, 2, 28-181 5-205.15 FC:. SYSTEM MAINTAINED IN GOOD REPAIR. APLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR, DRAIN COVER(S) MISSING AT MOPSINK. * 3.32-16-1 6-301.12 FC:; HAND DRYING PROVISION. EACH HANOWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS, (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING DEVICE, ‘ : : HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS, 4, 37-05-4 81C-1.004(6) FAC:, (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED WALL SOILED WITH ACCUMULATED FOOD DEBRIS. “ §,.45-33-1 NFPA 96, 4.1.2, 4.1.3, 4.1.4AND 4.1.5: ALL SUCH EQUIPMENT AND ITS PERFORMANCE SHALL BE MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS ~ STANDARD DURING ALL PERIODS OF OPERATION OF THE COOKING EQUIPMENT, THE FOLLOWING EQUIPMENT SHALL BE KEFT IN GOOD WORKING CONDITION: (1) CCOKING EQUIPMENT (2) HOODS (3) DUCTS (IF APPLICABLE) (4) FANS (5} FIRE-EXTINGUISHING SYSTEMS (5) SPECIAL EFFLUENT OR ENERGY CONTROL EQUIPMENT ALL AIRFLOWS SHALL BE MAINTAINED, MAINTENANCE AND - REPAIRS SHALL BE PERFORMED ON ALL COMPONENTS AT INTERVALS NECESSARY TO MAINTAIN THESE CONDITIONS. : CURRENT HOOD SUPPRESSION SYSTEM REPORT LISTS VIOLATIONS. Case Number: 2007067972 Fila Number: a7g . on Diatrlet Number: 01 License Number, 8900000 2061 Form revised 07.07.07 PALMETTO LATIN GAFE ' Feb 25 2008 9:59 DEPR OGA PAGE 85/86 62/25/2688 89:53 8584146749 * 6. 50-08-17 509.244(2) FS: (2) APPLICATION FOR LICENSE. EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION, ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL AND RESTAURANT LICENSE. 7 Distrlet Number: 01 Case Number, 2007087972 Fite Number: 579 License Number 9800000 2054 Forti revised 07.07.07 PALMETTO LATIN CAFE

Docket for Case No: 08-000987