May 10 2010 14:43 65/89/2616 89:25 8584146749 DEPR OGA PAGE 83/87 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, VE, i 5 42 TATI'S PERUVIAN CUISINE eee e210 Respondent. Case Number 2009043149 f Administrative Gomplaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against TATI'S PERUVIAN CUISINE, (‘Respondent’), and says: , 1, Petitioner is the state agency charged with faguiating 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 jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 1355 FLORIDA MALL AVE, ORLANDO, FLORIDA 32809.The mailing address of record is TATI'S PERUVIAN CUISINE, at 1355 FLORIDA MALL AVE, ORLANDO, FLORIDA 32809. : 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 violation(s) found and applicable law are described in Exhibit “A.” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “8”, incorporated-herein-byTeference. - WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or mare of the following penalties: administrative fine not to exceed $1 000 per offense, 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 thereta, Signed August 14, 2009 ~ 2 ' Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation _ GOUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 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 fas been hand served by me on this. day of , 2009, Received by: Inspector's Signature Operator's Signature ev Title Title District Number: 04 Case Number: 2009042149 File Number: 227358 Form revised 07,175.09 License Number: 5807542 2010 TATI'S PERUVIAN CUISINE May 10 2010 14:44 B/A9/ 2818 89:25 8584146749 DEPR OGA PAGE @4/a7 Exhibit A License Number: 5807542 License Type: 2010 PERMANENT FOOD SERVIGE Casa Number: 2009043149 FC as cited herein references specific provisians of the Food Cade, 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 Association Life Safety Code, 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 March 5, 2009, July 30, 2009 the licensee was in violation 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 report(s) for tha ahove referanced inspectian(s) are attached hereto and incorporated by reference as Exhibit B. HAVE CERTAIN MEDICAL CONDITIONS.” . THE REQUIRED CONSUMER ADVISORY FOR RAW CERVICHE (SHRIMP, SQUID, OCTOPUS, AND MUSSELS) WAS NOT PROVIDED. * 2.02-22-1 3-501.17(A) FG: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE GLEARLY MARKED 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 BELOW: (1}41 * DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY ft. COOKED BEANS PREPARED ON SITE AND HELD MORE THAN 24 HOURS WERE NOT PROPERLY DATE MARKED IN THE REACH IN COOLER. * denotes critical violation District: 04 Case Number: 2009043149 License Typa: 2010 License Number: 5807542 Fila Number: 227358 TATI'S PERUVIAN GUISINE . May 10 2010 14:44 B/A9/ 2818 89:25 8584146749 DEPR OGA PAGE 85/87 Exhibit A * 3.02-26-1 3-30212FC:; FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES, SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED, AWORKING CONTAINER OF FLOUR REMOVED FROM THE ORIGINAL CONTAINER WAS NOT LABELED. * 405-094 4-204.112 FC: . (A) IN A MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INGLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (£) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. THERE WAS NO CONSPICUOUS THERMOMETER IN THE HOLDING UNIT. * 5 OBAS6-1 3-302,17(A)(1) EG: (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY: (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM: (4) RAW READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) GOOKED READY-TO-EAT FOOD, RAW PORK AND FISH WERE STORED ABOVE THE READY TO EAT VEGETABLES IN THE REACH IN COOLER. : : * 6. 20A40-1 4-504.114(A) FG) MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, . CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN 21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: (A)A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS: MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.) THE DISHMACHINE CHLORINE SANITIZER WAS NOT AT PROPER MINIMUM STRENGTH. (OPPM). * denotes critical violation District: 04 Gase Numbar: 2009043149 License Type: 2010 License Number: 5807542 Fila Number: 227358 TATI'S PERUVIAN CUISINE May 10 2010 14:45 B/A9/ 2818 89:25 8584146749 DEPR OGA PAGE 86/a7 Exhibit A * 729.281 4-601.11(A)FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. THE INTERIOR OF THE REACH IN COOLER/FREEZER WAS HEAVILY SOILED WITH AGCUMULATION OF FOOD DEBRIS AND RESIDUE, : 8. 25-05-1 4-903.11(C) AND (D) FC:: (C) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD PROTECTION FROM CONTAMINATION UNTIL USED, (0) ITEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204.122. SINGLE USE LIDS AND CUPS WERE IMPROPERLY STORED IN THE EMPLOYEE RESTROOM. * denotes critical violation District: 04 Case Number: 2009043149 License Type: 2010 License Number: 5807542 File Number: 227358 TATI'S PERUVIAN CUISINE

Docket for Case No: 10-002481