Feb 17 2009 16:34 2/17/2689 17:31 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, License No 9900000 GERRARD OLORTEGUI Licanse Type 2051 CAFFE AL MARE Case No 2008080660 Respondent ase NO 8 i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Adminstratve Complaint against GERRARD OLORTEGUI, CAFFE AL MARE, ("Respondent’), and says 1. Petitioner ts 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 ts, 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 3422 E ATLANTIC BLVD, POMPANO BEACH, FLORIDA 33082 The mailing address of record is CAFFE AL MARE, at 3422 E ATLANTIC BLVD, POMPANO BEACH, FLORIDA 33062 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 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 respectlully requests entry of an Order imposing one or more of the following penalties admmmistrative fine not to exceed $1,000 per offense, mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitahty Education Program, susperision, 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 06, 2008 c By delegation of the Director, Division of Hotels & Restaurants Department of Business & Professional Regulation eee ee ee Kerr Buck, Distfet Manager a. (lon MB cece” ges iqnes COUNSEL FOR THE DEPARTMENT Charles F. Tunnichff, Lead Attorney Florida Bar No 0153824 Department of Business & Professional Regulation 1940 North Monroe Streel Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: . | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 8 hand served by me on this. day of , 200 Received by: Inspector's Signature Operator's Signature Title Title Case Number 2008060660 File Number 796 Disinel Number 02 License Number 9900000 2054 Forrn rewsed 07 OF 07 GERRARD OLORTEGUI Feb 17 2009 16:34 DEPR OGA PAGE 84/87 2/17/2689 17:31 8584146749 Exhibit A License Number NO LIC License Type. 2054 NON-LICENSED FOOD SERVICE Case Number 2008060660 "FC" as cited herein references specific provisions of the Foad Cade, 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 44-3, ‘Fire Prevention, General Provisions", Florida Administrative Code, and 610-1 004(5), Florida Administratve Code “denotes a chtcal violation It ts alleged that on May 28, 2008, October 25, 2008 the licensee was tn violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Gode (FAC), in the following particulars Copy(s) of the feport(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 41 02-13-2 3-603 11FC CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401 11(C} AND SUBPARAGRAPH 3-401.1 1(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 To 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, DEL! CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS (B) 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) IDENTIFICATION 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 CONTAIN) 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 UNDERGOOKED 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 OBSERVED NO CONSUMER ADVISORY FOR RAW! UNDERCOOKED FOOD, Case Number 2008060660 Fila Number 796 District Number 02 License Number 8900000 2051 Form revised 07 D7 OF GERRARO OLORTEGUI Feb 17 2009 16:35 DEPR OGA PAGE 85/87 g2/17/2ae9 17a. 8584146749 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 THERMOMETER IN COLD HOLDING UNITS, * 3084-15-17 3-305 11FC FOOD STORAGE (A) EXCEPT AS SPECIFIED JN PARAGRAPHS (8) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD (1) IN A CLEAN, DRY LOCATION, (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION, AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (8) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (CG) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED WITH CHEMICALS AND IN UNSANITARY AREA....BY AIR CONDITIONING AND HOT WATER TANK. 4 13-02-1 2-402.11 FC... EFFECTIVENESS (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR 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; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED EMPLOYEE WITH NO HAIR RESTRAINT. "5 17-11-17 4.30214 FC. SANITIZING SOLUTIONS, TESTING DEVICES A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION IN MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED, OBSERVED NO CHEMICAL TEST KIT PROVIDED. 6 24-10-1 4-903.11(A) AND (B) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, CLEANED EQUIPMENT AND UTENSILS, LAUNDERED LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED (1) INA CLEAN, DRY LOCATION, (2) WHERE THEY ARE NOT EXPOSED TO SPLASH, DUST, OR OTHER CONTAMINATION, AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR (B) CLEAN EQUIPMENT AND UTENSILS SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE STORED. (t) IN A SELF-DRAINING POSITION THAT ALLOWS AIR DRYING, AND (2) COVERED OR INVERTED OBSERVED UTENSILS STORED IN UNSANITARY MANNER. Disinel Number 02 Case Number 2008060660 Fite Nuniber 794 License Number g9pco00 2051 Form revised 07 07 07 GERRARE OLORTEGUI g2/17/2ae9 17a. 8584146749 Feb 17 2009 16:35 DEPR OGA PAGE * 7 3246-1 6.30114 FO AND 64 C-1,004(2(C) FAC: 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' OBSERVED NO HAND WASH SIGNS PROVIDED. 8 39-05-1 NFPA96,414. COOKING EQUIPMENT USED IN PROCESSES PRODUCING SMOKE OR GREASE-LADEN VAPORS SHALL BE EQUIPPED WITH AN EXHAUST SYSTEM THAT COMPLIES WITH ALL THE EQUIPMENT AND PERFORMANCE REQUIREMENTS OF THIS STANDARD, AND NEPA 96,822 AIR VOLUME NFPA 96,8224: EXHAUST AIR VOLUMES FOR HOODS SHALL BE OF A SUFFICIENT LEVEL TO PROVIDE FOR CAPTURE AND REMOVAL OF GREASE-LADEN COOKING VAPORS. : OBSERVED NO HOOD SUPPRESSION SYSTEM. * §.50-01 509.241(2)FS 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 OBSERVED ESTABLISHMENT OPERATING WITHOUT A HOTEL AND RESTAURANT LICENSE....LICENSE FEES DUE: $534.00. Case Number 2008060860 File Number 796 Disinet Number 02 License Number 9900000 2051 Form revised 07 07 07 GERRARO OLORTEGUI a6 /a7

Docket for Case No: 09-000925