COUNSEL FOR THE DEPARTMENT: Mar 30 2010 11:31 ga/29/2818 5:14 8584146749 DEPR OGA PAGE STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO! DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, Va. RESTAURANT & CAFETERIA EL GALLO PINTO _ Respondent, Gase No. 2008086473 ADMINISTRATIVE COMPL iT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against RESTAURANT & CAFETERIA EL GALLO PINTO, (“Respondent”), and says: ‘ 1. Patltionar is the state agency charged with regulating the operation of, public lodging establishments and public food service establishments, pursuant to Section 20.186 and Chapter 509, Florida Statutes. 2. ‘Respondent is, and has been at all times material hereta, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's businass address of record ts 12037 SW 112TH AVENUE, MIAMI, FLORIDA 33188.The mailing addrass of record Is RESTAURANT & GAFETERIA EL GALLO PINTO, at 13037 SW 112TH AVENUE, MIAMI, FLORIDA 33186. Inspection of this establishment conducted pursuant to Sac, 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 es Exhibit "B", incorporated hereln by reference, . : License No. 2518647 -Licanse Type 2070 bd WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penaitles: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitallty Education Program; suspension, revocation, or refusal of a license issuéd pursuant ta this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereta, Signad Navember 12, 2008 ; SS. Shennia Kallas, District Manager _ By delegation of the Director, or designee + . Division of Hotels & Restaurants Department of Business & Professional Regulatian” Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0163831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassea, Florida 32399-1007 cE OF SERVIC BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9849 8961 8297 . 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of j . Recaived by: " Inspector's Signature Operator's Signature Title Title Case Number: 2008086473 File Number, 208725 Diatriet Number: 01 License Number: 2319647 2010 Form revised 07.07.07 RESTAURANT & CAFETERIA EL GALLO PINTS 63/86 Mar 30 2010 11:32 ga/29/2818 5:14 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number; 2319647 License Type: 2010 PERMANENT FOOD SERVICE Gage Number, 2008086473 “EC” ag 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 references specific provisions of the National Fire Protection Assoclatlon Life Safety Coda, : incorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “" denotes a critical violation. itis alleged that on August 11, 2008, and November 6, 2008, the licensee was In vlolation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the repart(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,02-07-1 3-501.17(B) FC: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD |S HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY 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 !$ OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. ‘ OBSERVED PROCESSED READY-TO-BAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. * 2.084291 3-302.11(A)(4) FC: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. OBSERVED RAW ANIMAL FOOD STORED OVER READY-TO-EAT FOOD (OBSERVED RAW CHICKEN AND BEEF STORED OVER VEGETABLES PREPPED FOR RAW CONSUMPTION AND PREPARED FOODS) OBSERVED IMPROPER VERTICAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS. * 3.09-07-1 3-304.11(B) FC: (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302.15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES" MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR OISPENSING EQUIPMENT. OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINERS OR OTHER CONTAINERS WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD (CUP WITH NO HANDLE USED TO SERVE RICE AND BEANS FROM BAINE MARIE), Case Number: 2008086473 File Number: 209725 District Number: 04 Licansé Numbar: 2349647 2010 Form ravised 07.07.07 RESTAURANT & CAFETERIA EL GALLO PINTO Mar 30 2010 11:32 ga/29/2818 5:14 8584146749 DEPR OGA PAGE 4,14-37-1 4-501.12 FC; CUTTING SURFACES, SURFACES SUGH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY GAN NO LONGER REGURENGLD. CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING: ED. OBSERVED CUTTING BOARD GROOVED/PITTED AND NO LONGER CLEANAGBLE. (CUTTING BOARD BY SANDWICH PRESS STATION WORN AND EXPOSING PLYWOOD). REPEAT VIOLATION. OBSERVED RIPPEDIWORN TIN FOIL. USED AS SHELF COVER, REPEAT VIOLATION. * 6.91-12-1 6-205.11(B) FC: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HANDWASHING SINK USED FOR PURPOSES OTHER THAN HANDWASHING (EMPLOYEE _ WASHING CUPS IN HAND SINK). OBSERVED HAND SINK MISSING IN FOOD PREPARATION ROOM OR AREA. REPEAT VIOLATION. * 6,50-08-1 509.241(2) FS: (2) 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 CURRENT HOTEL AND RESTAURANT LICENSE. * 7,.83B-08-1 509.049 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, 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 GHOSEN 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 GONTROL. 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. Case Number: 2008066472 File Number: 208725 Distriet Number: Ot Licanse Number: 2319847 2010 Form ravised 07.07.07 RESTAURANT & CAFETERIA EL GALLO PINTO 85/86

Docket for Case No: 10-001699