Apr 16 2010 15:18 @4/15/2818 16:48 8584146749 DEPR OGA PAGE 83/88 State of Florida Department of Business and Profassional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Pehtioner, VS N & H PROPERTY INVESTMENT LLC rigense Number. 1621912 icense Type 2010 : CAFE MIMOSA rs Number 2009041477. Respondent ase Number 1477 i Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Pettoner’), files this Administrative Complaint against N & H PROPERTY INVESTMENT LLC, CAFE MIMOSA, (“Respondent’), 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. Respondent is, and has been at ail times material hereto, lcansed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 117 EAST HALLANDALE BEACH BLVD, HALLANDALE, FLORIDA 33009 The mailing address of record is CAFE MIMOSA, at 200 SE 15 RD 411K, MIAMI, FLORIDA 33129 | ; 3 Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 508, 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 “Br incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties’ administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a hrense issued pursuant to this Chapter, and/or any other relef authorized by Chapter'509, Florida Statutes, or the rules promulgated therata Signed August 10, 2009 rh. Ken Buck, Custnet Manager ir, Kan Ge. ohh ‘<< By delegation of the Directar/‘or designee Division of Hotels & Restayrants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT : Mare Drexler, Lead Attorney ‘ Florida Bar No 0487058 \ Department of Business & Professional Ragulation ; 1940 North Monroe Street 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 hand served by me an this day of , 2009 Recaived by . Inspector's Signature Operator's Signature Title Title Distnet Number 02 Case Number 2008041477 File Number 247962 Form revised 07 15 09 License Number 1621912 2070 N& HPROPERTY INVESTMENT LLO Apr 16 2010 15:18 @4/15/2818 16:48 8584146749 DEPR OGA PAGE @4/ae Exhibit A License Number 1621912 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009041477 "PC" ag gited herein references specific provisions of the Food Code, Recommendations of the United States Pubhe Health Service, Food and Drug Administration, incorporated by Chapter 61, Florida Adminitrative Cade “NFPA as cited herein references specific Provisions of the National Fire Protection Assactation Life Safety Code, incorporated by reference at Chapter 44-3, "Fire Pravention, General Provisions". Florida Administrative Gode, and 61C-1 004(5), Florida Administrative Code “"" denotes 4 critical violation It1s alleged that on May 12, 2009, July 28, 2009 the licensae was in violation of Flonda Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Adminstratve Code (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 ‘ * 1 22-21-14 4-802 11(E) FC (&) 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 (7) AT ANY TIME WHEN CONTAMINATION MAY HAVE OCCURRED, (2) AT LEAST EVERY 24 HOURS FOR ICED TEA DISPENSERS AND CONSUMER SELF-SERVICE UTENSILS SUGH AS TONGS, SCOOPS, 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 SUCH AS IGE MAKERS, COOKING OIL STORAGE TANKS AND DISTRIBUTION LINES, BEVERAGE AND 8YRUP DISPENSING LINES OR TUBES, COFFEE BEAN GRINDERS, AND WATER VENDING EQUIPMENT (A) AT A FREQUENCY SPECIFIED BY THE MANUFACTURER, OR (B) ABSENT MANUFACTURER SPECIFICATIONS, AT A FREQUENCY NECESSARY TO PRECLUDE ACCUMULATION OF SOIL OR MOLD ! QESERVED SOIL BUILDUP INSIDE ICE BIN. * 2 31-12-14 5-205 11(B)FC (B) USING A HANDWASHING FACILITY A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. . OBSERVED HANDWASH SINK USED FOR PURPOSES OTHER THAN HANDWASHING - CUP IN IT. * 3 32-16-1 6-301 14 FC AND 61C-1 004(2)(C) FAC’ =HANDWASHING SIGNAGE ASIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL. BE CLEARLY VISIBLE TO FOOD EMPLOYEES' OBSERVED NO HANDWASHING SIGN PROVIDED AT HANDSINK USED SY FOOD EMPLOYEES. Case Number 2009041477 9 Filé Number 241962 Qrstnet Number 02 Form revised 07 15 08 License Number 1621912 2010 N & H PROPERTY INVESTMENT LLG Apr 16 2010 15:18 DEPR OGA PAGE 85/88 @4/15/2616 16:68 8584146749 * 4 50-09-1 509 241(3) FS, 610-1 002(1})(7) FAC ANY LIGENSE ISSUED BY THE DIVISION SH BE CONSPICUOUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT PUBLIC FOOD SERVICE ESTABLISHMENTS WHICH OFFER CATERING SERVICES SHALL DISPLAY THEIR LICENSE NUMBER ON ALL ADVERTISING FOR CATERING SERVICES THE CURRENT LICENSE FROM THE DIVISION SHALL BE CONSPICUGUSLY DISPLAYED IN THE OFFICE OR LOBBY OF THE LICENSED ESTABLISHMENT IF NO OFFICE OR LOBBY IS PRESENT ON THE PREMISES OF THE LICENSED ESTASLISHMENT, THE LICENSE MUST BE READILY AVAILABLE FOR INSPECTION UPON REQUEST THE DIVISION SHALL ISSUE A LICENSE, WHICH IS BPR FORM 21-022, PUBLIC LODGING AND FOOD SERVICE LICENSE, INCORPORATED HEREIN BY REFERENCE TO EACH PUBLIC FOOD SERVICE ESTABLISHMENT WHICH HAS SATISFIED THE REQUIREMENT,S OF CHAPTER 509, FS, AND THIS CHAPTER UPON INITIAL LICENSING AND ANNUAL RENEWAL IN ADDITION TO THE LICENSE, THE DIVISION SHALL ISSUE A LICENSE DECAL, WHICH IS BPR FORM 21-023, LICENSE DECAL, INCORPORATED HEREIN BY REFERENCE TO EACH MOBILE FOOD DISPENSING VEHICLE, THEME PARK FOOD CART AND VENDING MACHINE WHICH MUST BE PROMINENTLY DISPLAYED AND AFFIXED TO THE VEHICLE, CART OR MACHINE A. OBSERVED HOTEL AND RESTAURANT LICENSE NOT PROPERLY DISPLAYED - EXPIRED. B. OBSERVED ESTABLISHMENT OPERATING WITHOUT A CURRENT HOTEL AND RESTAURANT LICENSE. * 5 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 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 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 2009041477 File Number 2171982 Distnet Number 02 License Number 1621912 2010 Form revised 07 15 08 N& H PROPERTY INVESTMENT LLC .

Docket for Case No: 10-002082