a1 / 28/2016 85:54 8584146749 DEPR OGA Jan 29 2010 11:12 PAGE | 1 State of Florida Department of Business and Profassional Regulation Division of Hotels and Restaurants ‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5 License Number 1610215 EL ROCOTO RESTAURANT License Type 2010 esponden Case Number 2009054941 | —— Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Pettioner”), files this Administrative Complaint against EL ROCOTO RESTAURANT, (‘Respondent’), and says : 1. Petitioner ts the state agency charged with regulating tha operation of public lodging estabhshments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes 2 Respondentis. and has bean at all tines maternal hereto, licensed by or subject to the yunsdichon of the Division of Hotels and Restaurants The respondent's business address of record is 2990 SW 40 AVE, WEST PARK, FLORIDA 33023 The mailing address of record is EL ROCOTO RESTAURANT, at 3990 SW 40 AVE, WEST PARK, FLORIDA 33023 : 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 vielation(s) found and appheable law are described in Exhibit “A.” attached hereto and incorporated herein by reference Inspection documents are attached. as Exhibit “B”, mcorporated herein by reference ' | WHEREFORE, Petitioner respectfully requests entry of an Order imposing oneior more of the following penalties: admmistrative fine not to excead $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other rehef author, zed by Chapter 509, Flonda Statutes, or the rules promulgated thereto Signed October 22, 2009 | | Ken Buck, District Manager By delagation of the Diractor, or designee Dwision of Hotels & Restaurants Department of Business & Professional Regulation —— COUNSEL FOR THE DEPARTMENT. Marc Drestar, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 4940 North Monroe Street a Tallahassee, Florida 32399-2202 : 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 , 2009. hand served by me on this day of Received by Inspector's Signature Operator's Signature Title Title Case Number 2009054941 File Number 220738 Distnet Number 02 License Number 1610215 2010 Fon revised O7 15 09 EL ROCOTO RESTAURANT a3/@5 Jan 29 2010 11:12 DEPR OGA | ! : 1/28/2816 85:54 8584146749 PAGE @4/@5 Exhibit A License Number 1610215 License Type. 2010 PERMANENT FOOD SERVICE Case Number 2009054941 “EO” as cited herem references specific provisions of the Food Cade, Recommendatons of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Flonda Admumustrative 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 Adminstratve Code, and 61C-1 004(5), Florida Administrative Code denotes a critical violation Itis alleged that on July 20, 2009, July 21, 2009, October 7, 2009 the licensee was In violation of Flonda Statute 509(FS) and/or the Rules of the Division of Hatels and Restaurants, Florida Administrative Cade (FAC), in the following particulars Copy(s) of the report(s) for the above referenced inspaction(s) are attached hereto and incorporated by reference as Exhibit B ‘ * 4 0227-1 340212FC: RECORDS, CREATION AND RETENTION. (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-402 11(B} AND PARAGRAPH (B) OF THIS SECTION, IF RAW, RAW-MARINATED, PARTIALLY COOKED, OR MARINATED-PARTIALLY COOKED FISH ARE SERVED OR SOLD IN READY- TO-EAT FORM, THE PERSON IN CHARGE SHALL RECORD THE FREEZING TEMPERATURE AND TIME TO WHICH THE FISH ARE SUBJECTED AND SHALL RETAIN THE RECORDS OF THE FOOD ESTABLISHMENT FOR 90 CALENDAR DAYS BEYOND THE TIME OF SERVICE OR SALE OF THE FISH (B) IF THE FISH ARE FROZEN BY A SUPPLIER, A WRITTEN AGREEMENT OR STATEMENT FROM THE SUPPLIER STIPULATING THAT THE FISH SUPPLIED ARE FROZEN TO A TEMPERATURE AND FOR A TIME SPEGIFIED UNDER SECTION 3.402 11 MAY SUBSTITUTE FOR THE RECORDS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION OBSERVED FAILURE TO MAINTAIN FREEZING RECORDS ON NON-EXEMPT FISH FOR NINETY (90) DAYS. Case Number 2009054941 File Number 220738 Distinct Number 02 License Number 1610215 2010 Form revised O7 15 08 EL ROCOTO RESTAURANT

Docket for Case No: 10-000451