STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE Ly No 2326723 LOS ARRIEROS REST license Type 2010 Respondent GaseNo 2009025269 naman ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against LOS ARRIEROS REST. ("Respondent"), and says 4 Petitroner ts the state agency charged with regulating the operation of public lodging establishments and public foad service establishments, pursuant to Section 20 165 and Chapter 609, 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 10995 SW 40 ST, MIAMI, FLORIDA 33165 The mailing address of record is LOS ARRIEROS REST, at 10995 SW 40 ST, MIAMI, FLORIDA 33165 3 Inspection of this establishment conducted pursuantto See 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 viotation(s} found and applicable law are deseribad in Exhibit ‘A," attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit “8”, incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one ar more of the following penalties administrative fine not to exceed $1,000 per offense, mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal of a license tssued pursuant to this Chapter, and/or any other relief authonzed by Ghapter 909, Florida Statutes, or the rules promulgated thereto Signed May 13, 2009 Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnicliff, Lead Attorney Flonda Bar No 0153831 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 7760 6623 4160 3801 9840 (000 Bee | HEREBY CERTIFY that @ 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 eg Title Title Case Number 2009025289 Fila Number 114285 District Number 01 license Number 2826723 2010 : Form revised 07 07 07 LOS ARRIEROS REST SA/Pa SBKd YOO sddd BE: Ode FT +50 Bp29P Tress éT +68 GTZ /ET/ET Exhibit A License Number 2326723 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009025289 "EC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Faod and Drug Adminstration, ncorporated by Chapter 616, Florida Administrative Code "NFPA” as cited here references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 48-3, "Fire Prevention, General Provisions’, Flonda Admingtrative Code, and 61C-1 004(5), Florida Administrative Code “denotes a critical violation Its alleged that on May 14, 2008, and April 3, 2008, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Adminstrative Code (FAC}, In the follawing particulars Gopy(s) of the report(s) for the above referenced iInspection(s) are attached hereto and incorporated by reference as Exhibit B * $4 03A-07-1 3-501 16(A)FC (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) 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(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) ATA 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. Case Number 2009025289 Fily Number 114285 Distnct Number Ot License Number 2326723 2010 Form revised 07 07 07 LOS ARRIEROS REST SA/SA Spd YOO sddd OP: fT Ode FT 450 Bp29P Tress éT +68 GTAZ/ET/ET

Docket for Case No: 10-009670