Mar 16 2010 10:53 83/15/2816 84:37 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, vs License No 2320212 BUEN GUSTO R dent License Type 2010 esponden Case No 2009009463 ee ADMINISTRATIVE COMPLAIN The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitianer’), files this Admmimstrative Complaint against BUEN GUSTO, ("Respondent”), and says 1 Pelitioner 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 Respondentis, and has been at all times maternal hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 2009 W 62 STREET, HIALEAH, FLORIDA 33016 The mailing address of record is BUEN GUSTO, at 2009 W 62 STREET, HIALEAH, FLORIDA 33016 3 Inspection of this establishment conducted pursuant to Sec 509 032, Flonda Statutes, revealed vidlations of the provisions of Chapter 509, Flonda 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 respectfully requests entry of an Order imposing oné or more of the following penalttes admmnistrative 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, oF refusal of a license issued pursuant to this Chapter, and/or any other relief authonzed by Chapter 509, Flonda Statutes, or the rules promulgated thereto Signed February 25, 2009 =p. Shannié Kallas, District Manager By delegation of the Director, or designee Dimision of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnicliff, Lead Attorney Flonda Bar No 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAHL, ARTICLE NUMBER: 7160 3901 9845 7761 1993 ) HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Received by Inspector's Signature Operator's Signature Title Title Casa Number 2009009463 File Number 184221 Drstiet Number 01 License Number 2320212 2010 Form revised 07 07 07 BUEN GUSTO Mar 16 2010 10:54 83/15/2818 84:37 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number 2320212 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009009463 "EC" as cited herein references specific provisions of the Food Code, Recammendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 616, Florida Administrative Code “NFPA” as cited herein references specific pravisions of the National Fire Protection Association Life Safety Code, mcorporated by referance at Chapter 44-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1 004(5), Flonda Administratwe Code “" denotes a cribeal violation itis alleged that on July 16, 2008, and January 29, 2009, the licensee was In violation of Flarida Statute 509(FS) and/or the Rules of the Division of Hatels and Restaurants, Florida Admmistratve Gode (FAC), in the following particulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 402-132 360311 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 SUBPARAGRAFH 3-401 11(D)(3) AND UNDER FARAGRAPH 3-801 11(¢), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH 1S SERVED OR SOLD RAW, UNDERGCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TQ-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 DI SCLOSURE ANP 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 SHALLINCLUDE (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 UNDERGOOKED INGREDIENTS (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TOA FOOTNOTE THAT STATES (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION 1S 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 RAWIUNDERGOOKED ANIMAL FOOD NOT PROVIDED. REPEAT VIOLATION. Casa Number 20089009463 File Number 184221 Orstrict Number 04 License Number 2320212 2010 Form revised O7 07 07 BUEN GUSTO Mar 16 2010 10:54 83/15/2816 84:37 8584146749 DEPR OGA PAGE 85/86 “2 53B-08-1 509049FS 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 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 ASCORDANCE 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 RECEIVE 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. REPEAT VIOLATION. Case Number 2009009463 File Number 184221 District Number 54 License Number 2320212 2010 Form revised Q7 07 07 BUEN GUSTO

Docket for Case No: 10-001258