Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: PACHAMAMMA
Judges: PATRICIA M. HART
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Nov. 12, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 8, 2009.
Latest Update: Nov. 17, 2024
Now 12 2008 14:42
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STATE OF FLORIDA
- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
Petitioner,
vs.
License No, 2319092
PACHAMAMMA. ndent License Type 2070
espo , me Case No. 20070647109
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PACHAMAMMA, (“Respondent”),
and says:
1. Patitlonar Is the state agency charged with regulating the operation of public lodging establishments and
public food service astablishments, pursuant to Section 20.165 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 respondent's business address of record is 17040 COLLINS
AVE, GOLDEN BEAGH, FLORIDA 33160.The mailing address of record is PACHAMAMMA, at 17040
COLLINS AVE, GOLDEN BEACH, FLORIDA 32160, :
3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations
af 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 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 exceed $1,000 per offanse; 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 thereto.
Signed November 28, 2007
= , \
Shannie Kallas, 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 Monroe Street
Tallahassee, Florida 32399-1007
cS FIC. OF SERVICE
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: . 7160 3901 9849 9961 4251
{ HEREBY CERTIFY that a true and correct capy of the foregoing ADMINISTRATIVE COMPLAINT has been
- hand served by me on this, day of , 2007.
Received by:
Inspector's Signature ' Operator's Signature
Title : Title
Case Number 2007064109 File Number: 190255 District Number: 04
Licenae Number! 2378092 2070 Form ravised 07,07,07
PACHAMAMMA
Now 12 2008
11/12/2808 16:42 8584146749 DEPR OGA PAGE 45/14
Exhibit A
License Number: 2319092
License Type: 2010 PERMANENT FOOD SERVICE
Case Number: 2007064109
“FC” as cited herein references specific provisions of the Fond 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 Protectian Assoclation Life
Safety Code, incorporated by reference at Chapter 4A-3, “Fire Preventlon, Ganeral Provisions”, Flotida
Administrative Code, and 61C-1.004(5), Florida Administrative Code.
“*" denotes a critical violation.
It is alleged that on August 31, 2007, and November 6, 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, 08A-26-1 3-302.11(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,
*.2.00-04-1 3-301,14(B) FC: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS |
SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY
NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE
SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR
DISPENSING EQUIPMENT,
OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND
ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT.
CORRECTED ON SITE.
3. 10-07-1 3-304.12(F) FG) DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD
PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (F) INA CONTAINER OF WATER IF
THE WATER IS MAINTAINED AT A TEMPERATURE OF AT LEAST 135 DEGREES FAHRENHEIT AND THE
CONTAINER IS 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. :
Gase Number: 2007064109 File Number: 190255 District Number. 01
License Number: 2319092 2010 Form ravisad 07.07.07
FPAGHAMAMMA :
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* 4. 124-16-1 2-301.14 FO:. 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 TOUGHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN,
EXPOSED PORTIONS OF ARMS; (8) 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 GHANGING 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 (I) AFTER ENGAGING IN OTHER ACTIMITIES THAT CONTAMINATE THE HANDS.
OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE GLEAN EQUIPMENT OR
UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS,
* 6, 20A-05-1 4-703.11 FC:: AFTER BEING CLEANED, EQUIPMENT FOOD-CONTACT SURFACES
AND UTENSILS SHALL BE SANITIZED IN: (4) HOT WATER MANUAL OPERATIONS BY IMMERSION FOR
AT LEAST 30 SECONDS AND AS SPEGIFIED UNDER SECTION 4-801.111; (B) HOT WATER
MECHANICAL OPERATIONS BY BEING CYCLED THROUGH EQUIPMENT THAT IS SET UP AS
SPECIFIED UNDER SECTIONS 4-501.15, 4-601.112, AND 4-501.113 AND ACHIEVING A UTENSIL
SURFACE TEMPERATURE OF 160 DEGREES FAHRENHEIT AS MEASURED BY AN IRREVERSIBLE
REGISTERING TEMPERATURE INDICATOR; OR (C) CHEMICAL MANUAL OR MECHANICAL
’ OPERATIONS, INCLUDING THE APPLICATION OF SANITIZING CHEMICALS BY IMMERSION, MANUAL
SWABBING, BRUSHING, OR PRESSURE SPRAYING METHODS, USING A SOLUTION AS SPECIFIED
UNDER SECTION 4-501.114 BY PROVIDING: (1) EXCEPT AS SPECIFIED UNDER SUBPARAGRAFH
(C)(2) OF THIS SECTION, AN EXPOSURE TIME OF AT LEAST 10 SECONDS.FOR A CHLORINE
SOLUTION SPECIFIED UNDER PARAGRAPH 4-501.114(A), (2) AN EXPOSURE TIME OF AT LEAST 7
SECONDS FOR A CHLORINE SOLUTION OF 80 MG/L THAT HAS A PH OF 10 OR LESS AND A ‘
TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT OR APH OF 8 OR LESS ANDA
TEMPERATURE OF AT LEAST 75 DEGREES FAHRENHEIT, (3) AN EXPOSURE TIME‘OF AT LEAST 30
SECONDS FOR OTHER CHEMICAL SANITIZING SOLUTIONS, OR (4) AN EXPOSURE TIME USED IN
RELATIONSHIP WITH A COMBINATION OF TEMPERATURE, CONCENTRATION, AND PH THAT, WHEN |
EVALUATED FOR EFFICACY, YIELDS SANITIZATION AS DEFINED IN SUBPARAGRAPH 1-201.10(B)(79).
FOOD-CONTACT SURFACES AND UTENSILS NOT SANITIZED PROPERLY AFTER CLEANSING.
* 639-094 §-205.11(A) FC:: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT
IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE.
‘HANDWASH SINK IN DISREPAIR.
7, 38-07-1 6-202.11 FC: LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN
PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE
SHATTER-RESISTANT IN AREAS WHERE THERE iS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS,
AND LINENS: OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED,
COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY
FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT
BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF
BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (GC) AN
INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD
SURROUNDING AND EXTENDING BEYOND THE BULB SQ THAT ONLY THE FACE OF THE BULB IS
EXPOSED,
LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS IN WALK-IN COOLER.
Gase Number: 2007084109 — File Number: 190255 . Distrlet Number: 04
Licange Number; 2379092 2010 Form revised 07.07.07
PACHAMAMMA, ‘
11/12/2088
16:42
8584146749
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS:
www myflenda.com/dbpr
Now 12 2008 14:43
DEPR OGA
Page iota
CALL BACK INSPECTION REPORT
Faflure to comply with thie Notice may inlet en administrative
14/06/07 02:52 PM
Callback Inspection Date and Time
Warminy
Inspection Reason
LEGAL NOTICE '
complaint that may result In suspansion or revocation of your lcanse and finas.
2319092 SEAT.
License Number
FL GENERAL SERVICES | ING.
Owner Neme
DELICIAS PERUANAS
ADMINISTRATIVE COMPLAINT recommended.
Area CodeyTelephone Number
Business Name
4B
Inspection Result
08/31/2007
Numbar of Units
17040 GOLLINS AVE
Requested Cathack Date/Time
Initial Warnlng Date
GOLDEN BEACH, 33160
PAGE 7/14
EXHIBIT B
Addraaa / Gity / State / Zip / ete,
Comments
he following Item(s) have been recommendsd for Administrative Corplatnt:
lation: ABs07=|
Jghta missing (he properehield, alsave coalnge or Govere, walking cooler
folevion: 93-0944
ndwashalnk In dierapat,
Nation: ROAOE=t
ood sconlact sudaces end ulenclis not simfiiked propely after cleaning,
11-06-07
Date Signature of Recipient
Reclplant: Margot Luque
Title Owner .
Phona: 3058571980
OBPR Form HF 5027-006
Inspector Signature
For further information please contact:
Danfel Unold
B2d0 NW 52 Terr. #101 Miami, Fi 33168
850-487-1395
ee ek
11/12/2888
DPR Form HR 6022-005
16:42
otto: 12194
jolatton: 0805-4
inlalion: GB-4-1
jotafion: OBA-28-1
iptation; BAB -D4="|
lolation: B2OT=4
latadion: 38-61
lolaviore 37-O8-1
latatlon: BBe12-1
lalatlor: IGB-03-7
Now 12 2008 14:43
8584146749 DEPR OGA PAGE
~ Page 2 of 4
Lcange Number
STATE OF FLORIDA SEAT aetg0se
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name
OS ON een imionls Se UTANTS DELICIAS PERUANAS
. Inspection Date ;
CALL et IDAL NOTION REPORT 11/06/07 02:52 PM
Fallure to comply with thig Notice may Initiate an administrative complaint that may result in suspension of ravecation of your iicanse and fines.
bgerved employes engape In food praperaion, henda clean equipment or Wensils, or touch uiwrapped singla-garvice lloms, withoul washing hands,
tolallon: 10-07-1
served Inhtisa wianes atored in standhg water teen thin 1236 dagrine Fohrerihalt,
brervad Improper uma of bowliplanite toed contahaf gf othor contsher with nd hand uead lo ditponde food that le Add Mey OL,
bseved birt hind éortact af roadystoont food by employees are eatablahrient has ro saproved Ahernaive Cpprating Procedure in alfeet, Conected On Site,
bgerved raw erimal food stored over ready-lo-mat fond,
[The Following item(s) are in eompfiance:
Etmployana have nal racelved training retatiad ta [helr aasigned duties, handwashing procadireas
Identity of fone or fond product nitrepreaganiad. Manuiahews cornea and [here ip no corving inprembes, Qwnor says thay are using awal 15h inalead,
[Tart (10) feet-candiaa oflieht at laps! 30 Inchaa from finor not provided In cry food storage nines.
‘ Plbserved wall soled with secumubbtod grinse. Kiiohen
Rbesrved grapes escumulstad under cooking aqdpiment.
ULEF ODANINGE AOL protectadwith aalf-dpaing deort.
———_—$>—$
ae/1d
Now 12 2008 14:43
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Page 3of 4
: . Lilconse Number
STATE OF FLORIDA SEAT 2318082
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Busines Name
DIVISION OF HOTELS AND RESTAURANTS. DELICIAS PERUANAS
www. inyfiotide, com/dbpr
CALL BACK INSPECTION REPORT Inspection Pete
GAL NOTICE 11/08/07 02:82 PM
Fallure to comply with this Notlos may Initiate an administrative complaint that may result In suspension or ravocation of your lleenge and fines.
lolation: 24-08-1
masTved greaBA ch he ground sndior pad round gronse recaplecis
lofetton: B2-17-4
andwashhg clasnaer ecking alhandwashing lavatory,
jatatorn: 324 G1
nd wash sink lating proper handelrying provisions,
loletlon: 22-28-1
jenrved Intern cf raach-in cooler aoiled wilh Becumulation of food! raskius,
Inlattary, 221} .
baerved solled reechin cootar dhabes, Rapeot Violdtlon
iplation: 19-06-1
fo Cleening apant providediin frat compartmant of sink. Washing and rinaing In ams compariment
lolatton: O5-{1=4 :
bearved Improper Lita af bewi/plastic food contahor or other contalhar with no hands used ja diepanse ready-togat fror,
lolation: 08B-09-4
Ingle-uxe gloves not charged aa neadedatiar changhg task orwhendemaged cr solled,
lolation: OBA-28-1
IbEBrvad Uncovered food In holding univdry storape ered,
lnlatlon: OBAARET
Ibearved fond atorad an floar,
Nabtatlan: BAS 15-4
served [om patkoges/bags affoad exporing ihe enniarta to conlamnation,
Repeat Viclation,
Mato OR-O44
Ibatrved potentially hiaandows fondihavaad aL fodrh torparhiuns,
fatatlorr: GES] ‘
DSPR Form HR 5022-005
11/12/2808 16:42
Failure to comply with thls Notice may Initiate an administrative complatnt that may result in suspension ar revocation of your Ilcense and fines.
Now 12 2008 14:44
8584146749 DEPR OGA PAGE
~ ~ Page 4 of 4
License Number
STATE OF FLORIDA SEAT 2319092
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name
DIVISION OF HOTELS AND RESTAURANTS
WW. nyflotide.cof/dbpr DELICIAS FERUANAS
GALL BACK INSPECTION REPORT Inspection Pals
LEGAL NOTICE 11/06/07 02:52 PM
Jalntion: 360931
iglation: 02-13-41
Repent Viclotion,
lofotlan: O2:07=1
jolation: 07 B-23-1
Po
OBPR Farm HR 6022-005
lo conspicuously located thearmtamialar Ih Prolite ule,
otontislly Hazotdous food not hold a 138 dogmas Fobranhelt or above, eblekar
neuer Bdveory for rwhnderceokad snimat procucts not provided,
baarvad procesdad raedy-te-aat, poseritlally hawardoue feed hald more than 24 houre nok propery date marked ater, onening.
Jonexempt figh haa not Undargons proper parasite desirvcion. Fish musi be served cooked ordiacerded,
1a/14
Now 12 2008 14:44
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Page lata
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
www. myflotide.com/dbpr
FOOD SERVICE INSPECTION REFORT
LEGAL NOTIGE j
Fatlure to comply with this Notice may Inftlate an administrative complaint that may result In suspension or ravocatian af your licanse and fines.
Oa73 1/07 01: Routine 2378092 SEAT.
Inspection Date and Time Inspection Reason License Number
FL GENERAL SERVICES | ING ADMINISTRATIVE COMPLAINT racammeanded.
Owner Name
ae Area Cade/Telephona Number
Business Name Inspection Result
1470472007 08:00 AM.
Number of Units ‘ Callback Date/Time License Expiration
17040. COLLINS AVE GOLDEN BEAGH, 33160
Address / Clty / State / Zip / ete. ;
item 46: Fire Extingulshers and Fire
Suppreceian Svetems Dates
A Class (ype Fire Extinguisher, found kit
Richer hae a carilicalion cote of 8/07
4 Hood Suppreadon type Fire Exlinguisher,
found inval Kitchen hae a carilficetian date of 407
A Gags ABC type Fre Extingutaher, faund Infal
dining room hag eenrtilcation date of B07
tam 03: Pood Temperatures: hem 63a: Cert. Food Managors iter 20: Warewashing Sanitization
"Poutiry, Kitchen, 116 Degrees F.
Poullry, walk in cooler, 47 Daqrega F,
Enya, reach In cooler, 40 Depreee F
Seafoeed, whl br esyetir, 40 Dagreea Fi
Sauces/grevy, reset hh eootar, 38 Oegrens F,
Baaf, raneh bh cooler, 40 Degrees F,
Manager Nama: Margot Luque
Cartifleatlon Date: 1/21/06 Certified
by: National Registry of Food Safaty
Profaseianele
NOTE: heme marked above with an asterlsk (*) Indicate a violation
[Inspector's Comments
arvina. showed In menu and there [s no corvina In premises, Qwnar herself geld they are aieng swal fish Instead, Owner algo sald that they tell
istomers that corvina is grouper. No Ballar On Site,
Facknowledde facelpt of this Inspaction form and comments.
08-31-07
Signature of Recipient Inspector Signature
Date Reciptent wor ot Luque ° For further infarmation please contact:
. Danial Uneid
TH
2 Owner 8240 NW $2 Terr, #101 Miami, FI'33186
Phone: 3059571990 850-487-1308
PHE TEMPERATURE CONTROL
*03a Cold fond at proper tamparatures during storage,
display, service,
*03b Hot food st proper temperatura :
*03e Foods properly cooked/reheated
SOURCE STATUS.
STATUS
Violations marked With an asterisk are erticel violations, tars mevtod [Nara In compliance, Items Merked OUT are viclntlans. Specific detalla of violation are Ustad on
svbesquent pages, ems marked N/A are Not Applicable, tems Markod an N/O are Not Observed, and were not being canducled atthe time af Inspection.
DEPP Form HA 8020-076
STATE OF FLORIDA EXH | BIT B
11/12/2088
16:42
8584146749
LEGAL NOTICE
DEPR OGA
j STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND FROFESSIONAL REGULATION’
DIVISION OF HOTELS AND RESTAURANTS
www. tnyfiorida.com/dipr
FOOD SERVICE INSPECTION REPORT
Now 12 2008 14:44
PAGE 12/14
Pags 2of4
License Number
SEAT 23719092 .
Business Name
Pachamamma
Inspection Date
08/31/07 01:44 PM
Fallure to comply wih this Notice may Initiate an administrative complaint that may regult In auepension or revocation of your license and fines.
STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL
In YO? Unwrapped or potentially hazardous food not reserved 33 Contalnars covered, adaquata number, inéect and rodent
Cut 08a Food protection during storage, preparation, display, proof, emptied at proper Intervals, clean
iservica, transportation Out 34 Duteide storage arae clean, enelosura properly
Cut FO8b Cross-contaminetion, equipment, persunnel, storage fonsttuctad
“O8c Potential for cress-contaminetion; storaga practices; INSECT
damaged food sagregatad rdee Presence of Insects/rodents, Animals prohibited:
Out "09 Foods handled with minimum contact Out fa5b Outer openings pratected fram insects, rodant proof
Out 40 Inuse food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS
STATUS ' PERSONNEL Out 36 Floore properly constructed, clean, drained, coved
In 44 Personnel with infactions restricted Out 37 Walls, callings, and attachad equipment, constructed,
Qut 4128 Hands washed and clean, good hygienic practicas clean
(observed), alternative operating plan Out 88 Lighting provided as raquirad. Fixtures shlaldad
In "2b Proper hyglenis practices, aating/drinking/emoking 39 Rooms snd equipment - verted as required
fevidence) STATUS OTHER AREAS
13 Clasn clothes, halr restraints ‘40 Employee lockers provided and used, clean
STATUS FOOD EQUIPMENT AND UTENSILS In "41a Toxie ihama properly stared
14 Food contact surfaces deaignad, constructed, In "41 Toxic Items labeled and used propart
meintalned, Installed, located 42 Promises maintained, free of Iitter, unnecassary articles.
15 Non-food contact surfeces designed, constructed, Cleaning and malntenance equipment properly stored.
malntalnad, Installed, located Kitchen restricted to authorized personnel
Sut “15 Dishwashing faciities designed, constructed, aperated 43 Complete separation. from llving/sleaping ares, laund
1. Wash 2. Rinse 8. Saniize 44 Clean and solled IInen segregated anc properly stored
17 Thermometers, gauges, test klis provided STATUS SAFETY
14 Pre-flushed, scraped, soaked 45 Fire extinguishers - proper and sufficient
18 Wash, ringe water clean, proper temperatura "46 Exiting system - adequate, good repalr
Out “20a Sanitizing concentration 47 Elentica) wiring - adequate, good rapalr
"20b Sanitizing tamperature "48 Gas appliances - properly ingtallad, maintained
24 Wiping cloths clean, used properly, stored 749 Flammablo/combustibig materials - properly stored
Out "22 Food contact surfaces of equipment and utensils clean | STATUS GENERAL °
23 Non-food contact surfaces clean __|*50 Current icensa properly displayed
24 Storage/handiing of clean equipment, utensils 1 Other conditions sanitary ang safe operation
STATUS SINGLE SERVIGE ARTICLES Out *52 False/migieading statements publlahed or advertised
25 Service Items property stored, handled, dispensed relating to food/beverage
26 Single service articles not re-used In 7533 Food management certification valid
STATUS WATER AND SEWAGE/PLUMBING Out *53b Employes training validation
“27 Water sauree sefe, hot and cold under prassure
54 Florida Clean Indoor Alr Act
“28 Sewage and weste water disposed proper!
29 Plumbing installed and maintalnacl
"30 Cross-connection, back slphonage, backflow
STATUS
Out
Out
TOILET AND HANDWASHING FACILITIES:
“31 Toilet and handwashing facliltlas, number, convenlant,
designed, Installed
*32 Restrooms with self-closing doors, fixtures operate
properly, facility clean, supplied with handsosp, dlaposable
towels or hand drying devices, tissue, cavared waste
55 Automatic Gratuity Notice
5¢ Copy of Chaptar 509, Florida Statues, available
GENERAL
Education Pragranm Information provided
Total Number of COS Violations: 1
Total Number of Rapest Violations: 3
Viofations marked with an saterisk are critical vislations, Hama marked IN are in compliance, Nama Marked OUT ave violations. Specific detalla of violation ara ilatod on
subsequent pages, Items marked N/A are Not Applicable, Items Marked as N/O are Not Observed, and were nat belng cenductod at the Ime of Inepactlon.
DBPR Form HR 6022-015
Now 12 2008 14:45
11/12/2808 16:42 8584146749 DEPR OGA PAGE 13/14
Page 3 of 4
License Number
STATE OF FLORIDA SEAT 2949092
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Businéss Name
DIVISION OF HOTELS AND RESTAURANTS "
wwwamyflarida.comidbpr ; Pachamamma
Ingpection Date
FOOD SERVICE INSPECTION REPORT pi
LEGAL NOTICE 08/31/07 01:44 PM
Faflure to comply with this Notice may initiete an administrative corniplatnt that may result In suspension or revocation af yourlicanse and Anes,
Viatatlon{s}:
358-03-1:Outer openings nat protected with salf-cloaing deern,
08-05-1:Observed improper use of bowl/plastle feed cantéiner or alher coniainar with na Handle used to dispenag fond [hat Is noi rendy-to-sal,
32-16-4:Hand wesh eink lacking propor hand drying proviaiona,
32-17-T:Handwashing cleanser lacking at handwashing favatary,
120-18-1:Obaerved employee engage in food preparation, handle clean equipment or uienslls, or taueh unwenpped einglé-service Nema, without washing hands.
08-0¢-7:Obaerved bare hand contact of ready-to-eat food by employees and establiehment has ho approved Altamative Operating Procedure in affaet, Carraciad C4 Site,
oe09 No canspleuously located thermamater tn hooking unit,
10-07-1:Cbeerved in-use utensil stored in standing Water loss than 135 dagrape Fahranhalt.
02-07-1-Obsorved processed ready-to-aet, patentislly hazanioua food held more than 24 hours nol properly date marked after opening.
O8A-28-1:Observed food stored on floor,
034-28-1:;Observed uncovarad food in holding untidry storage ares.
OB8A-26-1:Observed raw animal food storad over readystoeant fond,
038-03-7,Potentinily hazardous food not hald at 136 degroes Fahranhelt of above, chicken
20A05-1:Fandecontact surfaces and utenalls not sanitized properly afer claentng, ‘
18-08-1:No claaniig agent provided In frateomparimant ofalnk, Washing and ringing In same compartment
OBE-O3-1:Singla-uee glovea not changed a needed after changing (asks or when damaged or soiled,
06-04-1:Observed patentlatly hazardous food thowed at room larmporature,
OS01 -7:Observad Improper use of howl/plastic food contalnar or other container with no handle used to dispense ready-le-aat food,
31-06-:Handweeh ink In disrepalr.
DBPR Form HR §022-015
Now 12 2008 14:45
11/12/2808 16:42 8584146749 DEPR OGA PAGE
Pagé 4 af 4
STATE OF FLORIDA eens ode 19092
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Nam
DIVISION OF HOTELS AND RESTAURANTS Pachemammna
wow. myflorida.com/dhpr
| Inspection Date
FOOD SERVICE INSPECTION REFORT .
LEGAL NOTICE 08/31/07 01:44 PM
Fallure to comply with this Notice may Initiate an adminiettstive complaint that may result In suspansior or revocation of your lcense and finas.
37-08-1;haerved wall solled wih accumulated granag, kitehen
2228+T-Obsarved Intartor of reach-in cooler soiled with accumulation of food rasidua.
38-07-1:Lighla missing the proper shield, sleeve eoalings er covers, walking cooler
O2+79-1:Consumer advisory for rawiundercooked animal products not provided,
Repeat Vialstien,
018-23-1:Nenexempt flat has not undergone proper parasite destruction, Flah must be served cocked or discarded.
REFERENCE TEXT: 3402.17 FC: Paraalta Destruction, (A} Except as specified In Paragraph (6) of thla section, before service or. gale i READY-TO-EAT form, raw,
faw-mérineted, partially cookad, or marinatod-parilally cooked FISH other than MOLLUSCAN SHELLFISH shell be fiezen throughout to a temperature of (1)-4 dagrens
Fahrenhelt of below for 168 hours (7 days) tn a freezer, or (2) -31 dogroos Fahranhelt or below far 15 hours ins blast freezer, (B) Ifthe FISH are tuna of the epecles
Thonnug alalunga, Thunnus albacates (Yellowfin ture), Thunnus atlanticus, Thunrus maceeyl (B}uefn una, Southern), Thutnug obagus (Bigeye tune}, or Thunnue thynnus
(Bluefin tune, Northern), tha FISH may be earved or gold in a raw, rawemarinated, or parlally cooked READY-TO-EAT form withoul freezing a specified under Paragraph (A)
of this section.
Ba-01-1:ldenthy of food or food product misrepresanted, Menu shows corvina and there ls no corving fn pramigas. Cumar gays they are using awal fish Instead,
REFERENCE TEXT; 509.282(1) FS: (1) An operator may rot knowingly and willfully misrepresent the Klanthy of any food or food preduct to any of tha palrona of auch,
satabllehment. The Identity of food or 8 food product i miscoprosented if; (a) The dascription of the faod or food product Is false or misleading In any particular; (b) The food
‘or food produet is served, sold, of distributed under tha neme of another food or food procfuct; of (¢) The food or foad product purports to be ors represantad eg a food or
food product thet dogs not canform to 8 definition of Identity and atandard of quallly if such defintlon of Identity and standard of quatity hes been established by custom and
usage. .
53B-04-7:Empleyeas hava not fecalved.tralning réleted to thelr assigned duties. handwashing procedures
34-09-T:Obaorved grease on the ground and/or pad eround graage recaptecle.”
OBA-19-1:;Obaarved tom packages/baga of faed exposing the contenis te conterination,
Repeat Violation. .
22-1B+7:Observed soied reach-In cooler shelves, Repeat Violation
36-13-7;Observed grease accumulated under cooking equipment.
88-05-1:Tan (10) foot-candlas of light et leeat 30 inches from flor not provided |n dry food alorage ara.
BPR Form HR 5022-075
14/14
Docket for Case No: 08-005649
Issue Date |
Proceedings |
Jan. 08, 2009 |
Order Closing File. CASE CLOSED.
|
Jan. 07, 2009 |
Order (enclosing rules regarding qualified representatives).
|
Jan. 07, 2009 |
Joint Motion to Relinquish Jurisdiction filed.
|
Jan. 06, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
Dec. 30, 2008 |
Letter to Judge Hart from M. Luque seeking information regarding a translator filed.
|
Dec. 22, 2008 |
Petitioner`s Witness List filed.
|
Dec. 22, 2008 |
Petitioner`s Exhibit List filed.
|
Dec. 02, 2008 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2008 |
Notice of Hearing by Video Teleconference (hearing set for January 23, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
|
Nov. 21, 2008 |
Letter response to the Initial Order filed.
|
Nov. 21, 2008 |
Respondent`s Response to Initial Order filed.
|
Nov. 18, 2008 |
Response to Initial Order filed.
|
Nov. 13, 2008 |
Initial Order.
|
Oct. 12, 2008 |
Administrative Complaint filed.
|
Oct. 12, 2008 |
Election of Rights filed.
|
Oct. 12, 2008 |
Agency referral filed.
|