Now 24 2009 13:57 11/23/2889 8a: 41 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V8, : EMILIANO'Z MEXIGAN RESTAURANT aiealied e200 Respondent Case No, 2008059494 ee . ADMINISTRATIVE COMPLAINT ESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND The DEPARTMENT OF BUSIN gainst EMILIANO'2 MEXICAN RESTAURANTS, (‘Petitioner’), files this Administrative Complaint a RESTAURANT, ("Respendent’), 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. Respandent 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 1012 W STATE ROAD 436, ALTAMONTE SPRINGS, FLORIDA 42714.The mailing address of record is EMILIANO'Z E ROAD 436, ALTAMONTE SPRINGS, FLORIDA 32714. Sec, 509.032, Florida Statutes, revealed violations ions 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 "8", Incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Orde penalties: adminisirative fine notte exceed $1,000 per offense; expense at an educational program sponsored by the Departme suspension, revocation, OF refusal of a license issued pursuant to this Chapter, and/a authorized by Chapter 509, Florida Statutes, or the rujae-promylgated there Signed October 30, 2008 CY Mian: se r imposing one or more of the following mandatory attendance at Respondent's nt's Hospitality Education Program, iy other relief nogne By delagation-2 = 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 4840 Nerth Monroe Street Tallahassee, Florida 32399-1007 CERTIFIGATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: THEREBY CERTIFY that a true and correct copy ©’ — f the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of | , 2008. . Recaived by: Operaters Signature Inspector's Signature a3/ay Case Number: 2008058494 _ File Number: 220787 District Number: 04 Litense Number: a904658 2010 Form revised 07.07.07 ° EMILIANO'Z MEXICAN RESTAURANT . 11/3/0009 pes41 esaalae7a9 _ cca 24 2009 15:57 Exhibit A License Number: 6904858 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008059494 rences specific provisions of the Food Code, Recommendations ofthe United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61¢, Florida Administrative Cade. NFPA as clted herein references specific provisions of the Natlonal Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61-1 .004(5}, Florida Administrative Code. FC as cited herein refe * denotes a critical violation. It ig alleged that on August 12, 2008, October 15, 2008 the and/or the Rules of the Division of Hotels and Restaurants, particulars. Copy(s) of the report(s) for the above reference incorporated by reference 4s Exhibit B. FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, - FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. THE CLEAR FOOD CONTAINE licensee was in vialation of Florida Statute 509(FS) Florida Administrative Code (FAG), in the following d inspedtion(s) are aitached hereto and * 402-261 9302.12 FO: RS WERE NOT LABELED WITH THEIR CONTENTS. (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (&) OF THIS -EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND LANT SHALL BE GLEARLY MARKED, AT THE TIME THE WENT AND IF THE FOOD 1S HELD FOR BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER |S OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 4; AND (2) THE BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S DAY OR DATE MARKED USE-BY DATE 1F THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. ¥ DATE MARKED AFTER OPENING. © 2,02-07-1 3-601.17(B) FC: SECTION, REFRIGERATED, READY-TO THE MILK AND SOUR CREAM WERE NOT PROPERL © 3 OBA26-1 3-302.17(A)(1) EC: (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 INGLUDING OTHER RAW ANIMAL FOOD SUGH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, RAW MEAT WAS STORED NEXT TO READY TO EAT FOODS INSIDE THE DRAWER AT THE COOKLINE. PAGE @4/a7 District o@ dsnotas ériticat violation” District Casé Nurriber: 2008059494 : License Typer 20107" File Number: 220787 License Number. 6904659 _ EMILIANO'Z MEXIGAN RESTAURANT 11/23/2889 @8:41 asad14e749 OER cca 24 2009 13:58 Exhibit A * 499-244 4602.1 1(E) FO (E) EXCEPT WHEN DRY CLEANING METHODS ARE USED AS SPECIFIED UNDER SECTION 4-603,11, SURFACES OF UTENSILS AND EQUIPMENT CONTACTING FOOD THAT IS NOT POTENTIALLY HAZARDOUS SHALL BE CLEANED: (1) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED; (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUCH AS TONGS, SGOOPS, OR LADLES; (3) BEFORE RESTOCKING CONSUMER SELF-SERVICE EQUIPMENT AND UTENSILS SUCH AS CONDIMENT DISPENSERS AND DISPLAY CONTAINERS, (4) IN EQUIPMENT SUCH AS ICE BINS AND BEVERAGE DISPENSING NOZZLES AND ENCLOSED COMPONENTS OF EQUIPMENT SUGH AS ICE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND SYRUP . ES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT: (A) AT DISPENSING LIN A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD. THE CAN OPENER HAD ENGRUSTED SOILED MATERIAL ON IT AND THE INTERIOR OF THE IGE MAGHINE HAD A HEAVY MOLD LIKE SUBSTANCE BUILD UP. FAC:. (8) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS 5, 37-031 610-1.004(6) IN GQOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. AND FIXTURES SHALL BE KEFT THERE WAS A HOLE IN THE WALL BY THE OUTSIDE HOSE, 6. 81-13-4 §09.213(1) FS: (1) EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHICH ILLUSTRATES AND DESCRIBES THE HEIMLICH MANEUVER PROGEDURE FOR RENDERING EMERGENCY FIRST AID TO A GHOKING VICTIM IN A CONSPIGUOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES’. THERE WAS NO HEIMLICH MANEUVER SIGN POSTED. * 7, 638-081 509.049 FS: 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. § SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FORA FOOD TE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED VIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING | 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 EMPLOYEES UNDER THE LIGEN 'S ACERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LIGENSEE, FOOD SERVICE EMPLOYEES MU SECTION BY JANUARY 4, 2001, FOOD SERVI MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING PROVIDED... THERE PAGE 85/87 ¥ ganotes stitial Violatlon ue " District. 04 Casa Number: 2008059494 : License Number: 6904859 _ File Number: 220797 EMILIANG'2 MEXIGAN RESTAURANT oorpieenge Type 2010 Now 24 2009 13:53 11/23/2889 8a: 41 8584146749 DEPR OGA PAGE 86/a7 CERTIFICATE OF SERVICE | ' FULD 340, 2448 3554 5704 TO: EMILIANO'Z MEXICAN RESTAURANT EMILIANO'Z MEXICAN RESTAURANT 1012 W STATE ROAD 436 ALTAMONTE SPRINGS, FLORIDA 32714 “4 SENDER: Dept, of Business & Prof. Regulation , Division of Hotels & Restaurants REFERENCE: License No. 6904659 | License Type 2010 | LBS Form 3800, Jansary 2008 Case No, 2008059484 Raatricted Delivery : Total Postage & Faas _ zm mm oa je.) 4 SERVICE US Postal Service POSTMARK OR Date Receipt for \ Certified Mail | No Insurance Govetage Provided D ? | Do Not Vee fer International Mait G i iiainatedl micveevan those er ur oer eae ee ; 4 ZINN AP LIVERY COMPLETE TM 2 2 article Number os A Becalvad by (Plana dnt Clamrly) B, GateatDelvery itp eee fine || 1 / G Signature . { WL ‘ : , Cage, | i x ota. See Adcrawave : PUbO 390} 845 4559 S704 | ©, Ie dalivary addrane different from [tar 17 YES, enter dalvary acdress below: eg 3, Service Typa CERTIFIED MAIL 4, Restricted Dalivery? (Extra Fee) [Wes 1. Article Aderessed to: j - EMILIANO'Z MEXICAN RESTAURANT i EMILIANO'Z MEXICAN RESTAURANT i 1012 W STATE ROAD 438 ALTAMONTE SPRINGS, FLORIDA aa7ig © Lic, No. 6904659 2010 Gase No. 2008058494 —_ . PS Form $81, January 2005 Bempse Return ReCeipt i tt cen men we aie = ° ben guusose4e¢ FileNumben2aovey —SOSC=~CS*st‘<=Ci<‘