Jan 29 2010 11:06 @l/2e/281e 85:49 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5 BOOBY TRAP License Number 2330760 Respondent License Type 2010 Case Number 2008031600 f Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitoner’), files this Administrative Complaint against BOOBY TRAP, (Respondent’), and says 1 Petthoner 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 jumsdiction of the Division of Hotels and Restaurants The respondent's business address of record 16 29000 SOUTH OIXIE HIGHWAY, MIAMI, FLORIDA 33033 The mailing address of record is BOOBY TRAP, at 29000 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA 33033 3 Inspecton of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flarida Statutes, and / ar the rules promulgated thereto gaverning Operation of the establishment The violation(s) found and applicable law aré 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 mare of the following penalties admmuistrative fine not to exceed $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 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 June 12, 2009 Carlos Lezeano, Deputy Dystrict Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 Certificate of Service BY CERTIFIED U.S, MAIL, ARTIGLE NUMBER: 74160 3904 9845 7760 G708 | HEREBY CERTIFY that 4 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 Gase Number 2008031600 File Number 201785 District Number 07 Licanse Number 2330760 2010 Farm revised 05 20 09 BOOBY TRAP Jan 29 2010 11:07 @l/2e/281e 85:49 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number 2330760 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009031600 “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 "NFPA" as cited herein teférences specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Pravisions”, Florida Administrative Code, and 61C-1 004(5), Florida Administrative Code “ denotes a critical violation It alleged that on March 17, 2009, and May 20, 2009, the licensee was in vidiation of Florida Statute 509(FS) and/or the Rules of the Division of Hatels and Restaurants, Florida Administrative Code (FAC), in the following particulars Copy(s) of the repori(s) for the above referenced inspection(s) are attached herete and incorporated by reference as Exhibit B * 4 02-13-2 3-603 11 FC 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 11(D)(3) AND UNDER PARAGRAPH 3-801 11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH 18 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 (8) AND (C) OF THIS SECTION, USING BROCHURES, DELI 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, SUGH 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 UNDERCOQOKED, OR CONTAIN (OR MAY CONTAIN} RAW OR UNDERCOOKED INGREDIENTS (C) REMINDER SHALL INGLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION [S AVAILABLE UPON REQUEST, (2) CONSUMING RAW OR UNDERCOOKED 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 REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOOKED ANIMAL FOOD NOT PROVIDED. * 2 31-08-1 5-20411FC HANDWASHING FACILITY CONVENIENTLY LOCATED A HANDWASHING FACILITY SHALL BE LOCATED (A) TO ALLOW CONVENIENT USE BY EMPLOYEES’ IN FOOD PREPARATION, FOOD DISPENSING, AND WAREWASHING AREAS, AND (B) IN, OR IMMEDIATELY ADJACENT TO, TOILET ROOMS OBSERVED HAND SINK MISSING IN FOOD PREPARATION ROOM OR AREA. Case Number 2008031600 File Number 201785 Distinct Number 07 Licange Number 2330760 2010 Form revised 05 20 09 BOOBY TRAP Jan 29 2010 11:07 @l/2e/281e 85:49 8584146749 DEPR OGA PAGE 85/86 * 332-17-1 6-30111FC HANDWASHING CLEANSER, AVAILABILITY EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK USED BY FOOD EMPLOYEES. 4 42-03-1 6-50116FC DRYING MOPS AFTER USE, MOPS SHALL BE PLACED IN A POSITION THAT ALLOWS THEM TO AIR-DRY WITHOUT SOILING WALLS, EQUIPMENT, OR SUPPLIES OBSERVED WET MOP NOT HUNG TO ORY. * 5 538-081 §09049FS 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 LICENSEE 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 REGEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Disinet Number 01 File Number 201785 Case Number 2009031600 File Number 20 Form reviead 05 20 08 Licenge Number 2330760 2040 BOOBY TRAP

Docket for Case No: 10-000449