ad/a2/28ee 15:37 8584146749 DEPR OGA Apr 2 2008 15:34 PAGE ad STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. . SHALOM HAIFA REST License aa eid Respondent. Case No. 2008007129 / : ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND . RESTAURANTS, (“Petitioner’), files this Administrative Complaint against SHALOM HAIFA REST, (“Respondent”), and says: . : 1. : Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establisiments, pursuant to Section 20.185 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 18533 W DIXIE HWY, NORTH MIAMI BEACH, FLORIDA 331802614.The mailing address of record Is SHALOM HAIFA REST, at 18533 W DIXIE HWY, NORTH MIAMI BEACH, FLORIDA 331802514. 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 pramulgated thereto governing operation of the establishment. The violation(s) found and applicable law are desoribed in Exhibit "A," attached hereto and Incorporated herein by reference, Inspéction documents are attached as Exhibit "B", incorporated herein by reference. ‘ WHEREFORE, Petitioner respectfully requests entry of an Order imposing ane or more of the following penalties: administrative fine not ta exceed $1,000 per offense; mandatory attendance at Respondent's | axpense 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 rellef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed February 07, 2008 ch. Shannie Kallas, District Manager By delegation of the Director, or designed Division. of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunricliff, Laad 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; 77160 $901 9849 9961 5333 THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2008. ‘ Received by: Inspector's Signature : Operator's Signature . Title Title Case Number, 2008007129 File Number: 110728 Distriet Number: 01 Licenas Number: 2318638 2010 . Form revisad 07.07.07 SHALOM HAIFA REST a3/ay Apr 2 2008 15:34 ad/a2/28ee 15:37 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number: 2316638 : License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008007129 "FC" as clted 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 here references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Adrriristrative Code. “ denotes a critical violation. It ig alleged that on October 26, 2007, and January 7, 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 (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, 02-13-1 3-803.11 FC:: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (A) EXCEPT AS SPECIFIED IN’ PARAGRAPH 3-401.11(G) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TQ” ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (8) DISCLOSURE SHALL INCLUDE: (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS “OYSTERS ON THE HALF SHELL (RAW OYSTERS)" ""RAW-EGG CAESAR SALAD,” ° AND "HAMBURGERS (CAN BE COOKED TO ORDER};" OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY GONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY. OF THESE ITEMS, WRITTEN . INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. CONSUMER ADVISORY FOR RAWUNDERCOOKED ANIMAL PRODUCTS NOT PROVIDED: * 2, OBA26-1 3-302,14(A)(1) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1} SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (A) RAW READY-TO-EAT FOOD INCLUDING, OTHER RAW. ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD; OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD. EGGS OVER VEGETABLES AND RAW MEAT OVER GOOKED STEW. 7 Case Number: 2008007128 File Number: 110726 , Pistrict Number: 01 License Number: 2316638 2010 © Farm ravised 07.07.07 SHALOM HAIFA REST - Apr 2 2008 15:35 ad/a2/28ee 15:37 8584146749 DEPR OGA PAGE 85/87 * 3.42A16-1 2-301.14,FC: WHEN TO WASH. FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301.12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND, (A) AFTER TOLIGHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS; (B) AFTER USING THE TOILET ROOM; (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403,11(B), (D)’ EXCEPT AS SPECIFIED IN PARAGRAPH 2-401.11(B), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING, (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS; (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS; (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD: AND WORKING WITH READY-TO-EAT FOOD; (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD; AND (l) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HAN Ds. OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. 4,14-36-1 4501.41 FC: GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B} EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS : SHALL BE KEPT SHARP TO MINIMIZE THE GREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED. : OBSERVED GASKETS/SEALS AND COOLER DOORS ON COLD HOLDING UNIT IN POOR REPAIR. * 6. 32-451 6-301.14 FC AND 61G-1.004(2)(C) FAG:: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES! AND SHALL. BE CLEARLY VISIBLE TO FOOD EMPLOYEES’. ; ‘ . NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES. HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. * 6. 58A-09-1 616-4.023(1) FAC: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE, THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. | NO CURRENTLY CERTIFIED FOOD SERVIGE MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. . Gase Number: 2008007129 File Number: 110726 District Number: 04 License Number: 2216638 2010 . ; . _ Form revised 07.07.07 SHALOM HAIFA REST . Apr 2 2008 15:35 ad/a2/28ee 15:37 8584146749 DEPR OGA PAGE 86/a7 * 7. 59B-08-1 509.049FAC: 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 LICENSER 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 ACERTIFIED 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. CERTIFIGATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. ‘ . NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED, District Number: 04 : ber, 110728 Case Number: 2008007128 File Number: Form revised 07.07.07 License Number: 2318638 2010 SHALOM HAIFA REST

Docket for Case No: 08-001623