Feb 16 2009 9:22 82/16/2869 18:16 8584146749 DBPR OGA PAGE 13/17 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs, License No. 2317904 EL NUEVO Care esondent License Type 2010 espondenl Case No, 2007020958 / ADMINISTRATIVE COMPLAINT . The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against EL NUEVO CAFE, (‘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 by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 2100 NW 19 AVE, MIAMI, FLORIDA 33142. The mailing address of record is EL NUEVO CAFE, at 2100 NW 19 AVE, MIAMI, FLORIDA 33142. 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Ghapter 509, Florida Statutes, and /or the rules promulgated thereto governing operation of the astablishment. The violation(s) found and applicable law are described In Exhibit “A,” atlached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B", incorporated hereln 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 offense; mandatory attendance at Respondent's expense al an educational program sponsored by the Department's Hospitality Education Pragram, 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 April 05, 2007 : FOr. 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. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; 7160 3901 9849 2113 1436 LHEREBY CERTIFY that a true and correct copy af the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2007. Received by: Inspector's Signature Operator's Signature Titie Title Case Number 2007020858 District Number, O14 Licenss Number: 2317804 2010 Form revised 10.10.05 EL NUEVO CAFE 62/16/2469 16:16 8504146749 DBPR OGA Feb 16 2009 9:23 PAGE Exhibit A License Number: 2317904 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2007020958 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. NEPA 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 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. lis alleged that on January 10, 2007, February 12, 2007 the ticensee 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 abave referenced inspection(s) are attached hereto and incorporated by reference as Exhibit 8. * 1,02-05-1 3-501.17(A)FC:, (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT. POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON-SITE AND FROZEN NOT PROPERLY DATE MARKED. * 2,05-09-1 4-204.112 FC:: (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A | MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF AHOT FOOD STORAGE UNIT. {B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT 1S LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS GALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT, * 3.08A-29-1 3-302.114(A)(4) FC:: . (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. 4.13-03-1 2-402.11FC:: EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR * danoles critical violation District: 01. Case Number: 2007020958 License Type: 2010 Licanse Number: 2317904 File Number: 176565 EL NUEVO CAFE 14/17 Feb 16 2009 9:23 62/16/2869 16:16 8544146749 DBPR OGA PAGE 15/17 Exhibit A COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; ANDO UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. 5. 14-5t-1 4-101.11 FC), CHARACTERISTICS. MATERIALS THAT ARE USED IN THE CONSTRUCTION OF UTENSILS AND FOOD- CONTACT SURFACES OF EQUIPMENT MAY NOT ALLOW THE MIGRATION OF DELETERIOUS SUBSTANCES OR IMPART COLORS, ODORS, OR TASTES TO FOOD AND UNDER NORMAL USE CONDITIONS SHALL BE: (A) SAFE; (B) DURABLE. CORROSION- RESISTANT. AND NONABSORBENT; {C) SUFFICIENT IN WEIGHT AND THICKNESS TO WITHSTAND REPEATED WAREWASHING; (D) FINISHED TO HAVE A SMOOTH, EASILY CLEANABLE SURFACE; AND (E) RESISTANT TO PITTING, CHIPPING, CRAZING, SCRATCHING, SCORING, DISTORTION. AND DECOMPOSITION. OBSERVED NONFOOD GRADE CONTAINERS USED FOR FOOD STORAGE. THE CONTAINER BEING USED TO STORE LETTUCE, — 6. 1530-1 4-1014.141 FC:: NONFOOD-CONTACT SURFACES. NONFOOD-CONTACT SURFACES OF EQUIPMENT THAT ARE EXPOSED TO SPLASH, SPILLAGE, OR OTHER FOOD SOILING OR THAT REQUIRE FREQUENT CLEANING SHALL BE CONSTRUCTED OF A CORROSION-RESISTANT, NONABSORBENT, AND SMOOTH MATERIAL. OBSERVED SHELVES IN WALK-INS NOT CONSTRUCTED OF MATERIALS THAT ARE CORROSION RESISTANT, NON-OBSORBENT, SMOOTH AND EASILY-CLEANABLE. . 45-31-1 4-501.11(A) AND (B) 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, : OBSERVED NONFOOD CONTACT EQUIPMENT IN POOR REPAIR. WALKIN COOLER FANS MISSING VENT COVERS, 7,29-09-1 5-208.15FC:: SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: (A) REPAIRED AGCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR. OBSERVED FAUCET/HANDLE MISSING AT PLUMBING FIXTURE. 3-COMPARTMENT SINK. " 8. 30-02-1 5-203.14 FC:: BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON A HOSE B88 IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED VACUUM BREAKER MISSING AT HOSE BIBB. * 9 32-05-1 61C-1.004(2)(A) FAC: (2)(A) BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS OBSERVED BATHROOM FACILITY IN DISREPAIR. HANDSINK IN LADIES RESTROOM. 4 32-45-1 6-301.14 FC AND 61C-1,004(2(C) FAC.:, HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL «denotes critical violation : District: 01 Case Number: 2007020958 _ License Type: 2010 License Number; 2317904 File Number: 176565 EL NUEVO CAFE . 02/16/2689 10:16 8584146749 DBPR OGA Feb 16 2009 9:24 PAGE Exhibit A HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO FOOD EMPLOYEES. OBSERVED NO HANDWASHING SIGN PROVIDED ATA HANDSINK USED BY FOOD EMPLOYEEES. RESTROOMS. * 10,35B-04-1 6-202.15 FC’: OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF AFOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS, AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO ALARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING IF THEY ARE: (1) SOLID AND TIGHT-FITTING: (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY: (1) 16 MESH TO 1 INCH SCREENS; (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS; OR (3) OTHER EFFECTIVE MEANS. (E} PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE pratt DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. OBSERVED OUTER OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION. * 35B-15-1 61C-1,004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED SCREEN DOOR TORN/IN POOR REPAIR. *944,45-39-14 NFPA 10, 1.5.10:. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT NOT EXCEEDING 40 LB SHALL BE INSTALLED SO THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 5 FT ABOVE THE FLOOR. FIRE EXTINGUISHERS HAVING A GROSS WEIGHT GREATER THAN 40 LB (EXCEPT WHEELED TYPES) SHALL BE SO INSTALLED THAT THE TOP OF THE FIRE EXTINGUISHER IS NOT MORE THAN 3% FT ABOVE THE FLOOR. IN NO CASE SHALL THE CLEARANCE BETWEEN THE BOTTOM OF THE FIRE EXTINGUISHER AND THE FLOOR BE LESS THAN 4 IN. OBSERVED PORTABLE FIRE EXTINGUISHER NOT PROPERLY MOUNTED AT LEAST FOUR INCHES OFF THE FLOOR AND THE TOP NO HIGHER THAN FIVE FEET OFF THE FLOOR. * 42,48-13-1 NFPA 96, 12.1.2.4:: ALL DEEP FAT FRYERS SHALL BE INSTALLED WITH AT LEAST A 16-INCH SPACE BETWEEN THE FRYER AND SURFACE FLAMES FROM ADJACENT COOKING EQUIPMENT. OBSERVED DEEP FAT FRYER INSTALLED WITHOUT 46-INCH SEPARATION FROM OPEN FLAME. . * denotes critical violation District: 01 Case Number: 2007020958 License Type: 2010 License Number: 2317904 File Number: 176585 EL NUEVO CAFE 16/17

Docket for Case No: 09-000850