Sep 16 2010 12:37 B9/15/2616 @7:15 8584146749 DEPR OGA PAGE 83/85 State of Florida Pepartment of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. RITZ RESTAURANT License Number 2330130 Respondent License Type 2010 j Case Number 2010016721 Administrative Complaint , The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against RITZ RESTAURANT, (‘Respondent’), and says 1 Petitioner ts the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant ta Section 20 165 and Chapter 509, Flonda Statutes 2 Respondent's, and has been at all times maternal hereto, licensed by or subject to the Junsdiction of the Divisten of Hotels and Restaurants The respondent's business address of record is 1878 NE MIAMI GARDENS DR, NORTH MIAMI BEACH, FLORIDA 33179 The mailing address of record 1s RITZ RESTAURANT, at 251 174TH STREET #1005, SUNNY ISLES BEACH, FLORIDA 33160 3, Inspection of this establishment canducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flonda Statutes, and / or the rules promulgated thereto governing operation of the establishment The violatian(s) found and applicable law are desenbed in Exhibit "A," attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit "B", incorporated herein by reference WHEREFORE, Petttoner 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 license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed March 31, 2010 SD Meee tte Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexter, 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: 7160 3901 9848 6922 1084 (HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2070 Recewed by Inspector's Signature Operator's Signature Title Title Qase Number 2010016721 9 File Number 232298 District Number 04 Form revised 10 15 09 licensé Number 2320130 2010 RITZ RESTAURANT Sep 16 2010 12:37 B9/15/2616 @7:15 8584146749 DEPR OGA PAGE 84/85 Exhibit A License Number 2330130 License Type 2010 PERMANENT FOOD SERVICE Case Number 2010016721 “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, incerporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1 004(5), Flanda Administrative Code “" denotes a critical violation Itts alleged that on December 24, 2009, and March 2. 2010, the hcensee was in violation of Florida Statute 609(F3) and/or the Rules of the Division of Hotels and Restaurants, Florida Admnmustrative Gode (FAC), in the following particulars Copy(s) of the report(s) for the abave referenced inspection(s} are attached hereto and Incorporated by reference as Exhibit 8 * 4109-04-17 3301 141(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 BARE HAND CONTACT OF READY-TO-EAT FOCD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. * 2 91-09-1 5-205 11(A)FC (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED 80 THAT IT {5 ACCESSISLE AT ALL TIMES FOR EMPLOYEE USE HAND WASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES (PREP KITCHEN). * 3 538-08-1 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 TQ 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 NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number 2010018721 9 File Number 232298 Dustrict Number 1 License Number 2330130 2010 Form revised 10 +5 05 RITZ RESTAURANT

Docket for Case No: 10-009143