Jun 28 2010 3:40 6/27/2618 83:21 8584146749 DEPR OGA PAGE 83/85 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs RESTAURANT EL HONDURENO License Number 7320899 Respondent Mis fi Case Number 2009031625 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Patitioner’), files this Admimistrative Complaint against RESTAURANT EL HONDURENO, (‘Respondent’), and says 4 Petitioner is the state agency charged with regulating the operation of public ladging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Flonda Statutes 2 Respondent is, and has been at all timas material hereto, icensed by or subject to the jurisdiction of the Divigton of Hotels and Restaurants The respondent's business address of record 1s 2395 NW 36 ST, MIAMI, FLORIDA 331425384 The mailing address of record is RESTAURANT EL HONDURENO, at 2395 NW 36 ST, MIAMI, FLORIDA 331425384 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 violatron(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 one or more of the following penalties admunistrative fine not to exceed $1,000 per offense, mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Edueation Program, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Flonda Statutes, or the rules promulgated thereto Signed June 12, 2009 (an Lezcano, Deputy/District Manager By delegation of the Difector, or designee Diviston of Hotels & Restaurants Department of Business & Professional Requlaton COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Florda Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9845 77641061 | 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 ee Title Title Case Number 2009031625 File Number 111737 Orstret Number Ot License Number 2320339 2010 Farm revised 05 20 08 RESTAURANT EL HONDURENGO Jun 28 2010 3:41 Be/27/ 2018 @a:21 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number 2320339 License Type 2010 PERMANENT FOOD SERVICE Case Numbar 2009031625 “FC as 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 Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions", Florida Administrative Code, and 61G-1 004(5), Florida Administrative Code ~ denotes a critical violation Itts alleged that on December 8, 2008, and May 21, 2009, the hcensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Gode (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 O3A-07-1 3-501 18(A)FC (A) EXGEPT DURING PREPARATION, GOOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(£) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING {A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. REPEAT VIOLATION. * 2 0404-1 4-80117FC COOLING, HEATING, AND HOLDING CAPACITIES EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPAGITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3 OBSERVED GOLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES. REPEAT VIOLATION. * 3 09-04-1 330111(B)FC (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302 15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES' MAY NOT GONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUGH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT OBSERVED BARE HAND CONTAGT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. REPEAT VIOLATION. * 431-001 5205 11(Q) FG (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE OBSERVED HANDWASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES, REPEAT VIOLATION. Case Number 2009031625 File Number 111737 District Number 04 License Number 2320339 2040 Form revised 05 20 08 RESTAURANT EL HONPUIRENO

Docket for Case No: 10-004136