Jun 28 2010 3:45 Be/27/ 2018 @g:27 8584146749 DEPR OGA PAGE 83/88 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, v5 License Number 2332421 TASTE BAKERY! 4 License Type 2010 espon rr Case Number 2009050259 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Admuntstrative Complamt agamst TASTE BAKERY Ii, ("Respondent"), and says + Petitioner is the state agency charged with requtating the operation of public lodging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Flonda Statutes 9 Respondents, and has been at all times material hereto, hieensed by or subject ta the junsdiction of the Division of Hotels and Restaurants The respondent's business address of record is 1686 JEFFERSON AVE, MIAMI BEACH, FLORIDA 33139 The mailing address of record is TASTE BAKERY Il, at 1686 JEFFERSON AVE, MIAMI BEACH, FLORIDA 33139 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 Exhrbit'"B", incorporated herein by reference WHEREFORE, Petitoner respecttully requests entry of an Order imposing one or more of the following penalties administrate fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relef authorized by Chapter 509, Flonda Statutes, or the tules promulgated thereto Signed September 23, 2009 Some, \ Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Buginess & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; 7160 3901 9845 7760 9075 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of 2008 Received by Inspector's Signature Operator's Signature Title Title Case Number 2008050259 File Number 229058 Distret Number 01 Lieanse Number 2332421 2010 Farm revised 07 15 09 TASTE BAKERY Il Jun 28 2010 3:47 6/27/2618 83:27 8584146749 DEPR OGA PAGE 84/88 Exhibit A License Number 2332421 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009050259 “EC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Adminstration, incorporated by Chapter 61C, Florida Administrative Cade "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’, Flonda Administrative Code, and 61C-1 004(5), Flonda Adminstrative Code “" denotes a cnitical violation itis alleged that on June 3, 2009, and August 26, 2008, the licensee was 1n 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 the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * $4 09-01-1 3-801 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 DISPENSING EQUIPMENT OBSERVED IMPROPER USE OF BOWL/PLASTIC FOOD CONTAINERS OR OTHER CONTAINERS WITH NO HANDLE USED TO DISPENSE READY-TO-EAT FOOD. 2 21-12-1 3-304 14(B\2)FC (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802 11(D), STORED IN A CHEMICAL SANITIZER AT ACONCENTRATION SPECIFIED IN SECTION 4-501 114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USES. 3°25-01-1 4-90411FC (A) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE HANDLED, DISPLAYED, AND DISPENSED SO THAT CONTAMINATION OF FOOD AND LIP-CONTACT SURFACES |S PREVENTED (B) KNIVES, FORKS, AND SPOONS THAT ARE NOT PREWRAPPED SHALL BE PRESENTED SO THAT ONLY THE HANDLES ARE TOUCHED BY EMPLOYEES" AND BY CONSUMERS IF CONSUMER SELF- SERVICE IS PROVIDED (C) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, SINGLE-SERVICE ARTICLES THAT ARE INTENDED FOR FOOD- OR LIP-CONTACT SHALL BE FURNISHED FOR CONSUMER SELF- SERVICE WITH THE ORIGINAL INDIVIDUAL WRAPPER INTACT OR FROM AN APPROVED DISPENSER OBSERVED SINGI_E-SERVICE ARTICLES HANDLED, DISPLAYED, OR DISPENSED IN 4 MANNER THAT ALLOWS FOR CONTAMINATION. * 432-47-1 630111FC HANDWASHING CLEANSER, AVAILABILITY EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BF PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP OBSERVED HANDWASHING CLEANSER LACKING AT HANDWASHING LAVATORY. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. OBSERVED NO HAND WASHING SIGN PROVIDED AT A HAND SINK USED BY FOOD EMPLOYEES. ase Number 2008050259 File Nurnber 229058 Cisinet Number 01 License Number 2332421 2010 Form revised 07 15 09 TASTE BAKERY I! . Jun 28 2010 3:47 6/27/2618 83:27 8584146749 DEPR OGA PAGE 85/88 * 5 53A-01-2 509039 FS AND 61C-4 023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED (THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER THOSE MANAGERS WHO SUCCESSEULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * 6 59R-08-1 §09049FS FOOD SERVICE EMPLOYEE TRAINING THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVIGE 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 AFOOD 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 PUBLIG 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 7, 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 2009080259 File Number 229058 Orstnct Number 01 License Number 2382421 2010 Form revised 07 15 09 TASTE BAKERY ti

Docket for Case No: 10-004138