Sep 5 2008 14:24 9/@5/2688 15:22 8584146749 DEPR OGA PAGE 83/88 |, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No, 2326334 NEW SAN TELMO d License Type 2010 Respon ent. Case No. 2008029308 ADMINISTRATIVE COMPLAINT. ‘The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Fetitioner’), files this Administrative Complaint against NEW SAN TELMO, (“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 Sectlon 20.165 and Chapter 509, Florida Statutes. 2. Respondentis,-and has been at ell times material hereto, lleensed by or subject to the jurisdiction of the Division of Hotels and Restaurants.. The respondent's business address of record is 18890 COLLINS AVE, GOLDEN BEACH, FLORIDA 33160.The mailing address of record is NEW SAN TELMO, at 16850 COLLINS AVE, GOLDEN BEACH, FLORIDA 33160. 3, Inspection of this establishment conductéd pursuant to Sec, 509,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the. Tules 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 excead $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 refugal 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 May 19, 2008 0 , Carlos Lezcano, Kikes Manager By delegation of the Director, or designee Division of Hotels & Restaurants : Department of Businass & Professional Regulation GOUNSEL 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 9961 0826 : | HEREBY 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: 2098029305 Fila Number: 174254 ; ‘ Bistret Number: 07 License Number, 2326334 2010 Fornvrevisad 07.07.07 NEW SAN TELMO Sep 5 2008 14:25 aq/@5/ 288s 16:22 8584146749 DEPR OGA PAGE @4/ae Exhibit A License Number: 2826334 License Type: 2010 PERMANENT FOOD SERVICE Case Number; 2008029305 "EC" as cited herein references specific pravisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Adininistrative Code. “NEPA” as cited herein 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(6), Florida Administrative Code. © denotes a critical violation. Itis alleged that on February 26, 2008, and April 29, 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 Exhiblt B. . 4, 40-07-14 3-804.12(F) FC: DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) INA CONTAINER OF WATER IF THE WATER 15 MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE CONTAINER 1S CLEANED AT A FREQUENCY SPECIFIED UNDER SUBPARAGRAPH 4-602.11(D)(7). OBSERVED IN-USE UTENSIL STORED IN STANDING WATER LESS THAN 135 DEGREES FAHRENHEIT. : * 2.32041 6-202.14 FC, 61C-1.004(2)(B) FAC:: PUBLIC BATHROOMS SHALL BE COMPLETELY ENCLOSED AND SHALL HAVE TIGHT- FITTING, SELF CLOSING DOORS OR, IN BATHROOMS LOCATED OUTSIDE A PUBLIC FOOD SERVICE ESTABLISHMENT, HAVE ENTRANCES AND EXITS CONSTRUCTED IN SUCH A MANNER AS TO ENSURE PRIVACY OF OCCUPANTS. SUCH DOORS SHALL NOT BE LEFT | OPEN EXCEPT DURING CLEANING OR MAINTENANGE EXCEPT THAT THIS [ENCLOSURE] - REQUIREMENT DOES NOT APPLY TO A TOILET ROOM THAT IS LOCATED OUTSIDE A FOOD ESTABLISHMENT AND DOES NOT OPEN DIRECTLY INTO THE FOOD ESTABLISHMENT SUCH AS A FOILET ROOM THAT IS PROVIDED BY THE MANAGEMENT OF A SHOPPING MALL. BATHROOM NOT ENCLOSED WITH TIGHT-FITTING, SELF-CLOSING DOORS. COVERED WASTE RECEPTACLE NOT PROVIDED IN WOMEN'S BATHROOM. NO HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FooD EMPLOYEES, * 3, 41BO31 7-102.11 FC: COMMON NAME, WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUGH AS CLEANERS AND SANITIZERS TAKEN FROM BULK SUPPLIES SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH: THE COMMON NAME OF THE MATERIAL, : . OBSERVED UNLABELED SPRAY BOTTLE. * 4.47-03-1 NFPA70,110.12(4): UNUSED OPENINGS - UNUSED OPENINGS IN BOXES OR HOUSINGS SHALL BE EFFECTIVELY CLOSED TO AFFORD PROTECTION SUBSTANTIALLY FOQUIVALENT TO THE WALL OF THE EQUIPMENT. OBSERVED UNUSED OPENING IN PANEL BOX UNPROTECTED. Case Number: 2008029305 — File Number: 174254 District Number: 04 License Number: 2328834 2010 For raviged 07.07.07 NEW SAN TELMO Sep 5 2008 14:25 aq/@5/ 288s 16:22 8584146749 DEPR OGA PAGE @5/@8 ~ §.53B-08-1 509.049 FAG: 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 ACT 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 LIGENSEE 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. NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number; 2008029305 Fila Number: 174254 Distriet Number: 04 Licansa Number: 2326334 2010 Form ravised 07.07.07 NEW SAN TELMO ,

Docket for Case No: 08-004397