VS State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, LOS POTOSINOS TAQUERIA Respandent | —— i er The DEPARTMENT OF BUSINESS AND P. License Number 2331762 License Type 2010 Case Number 2008032462 Administrative Complaint ROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Admunistrative Complamnt against LOS POTOSINOS TAQUERIA, (Respondent”), and says 1 2 public food service establishme Petitioner is the state agency charged with regulating the operation of public lodging establishments and nts, pursuant to Section 20 165 and Chapter 509, Florida Statutes Respondent is, and has been at all fimes material hereto, licensed by or subject to the Jurisdiction of the Dwision of Hotels and Restaurants The respondent's business address of record is 941 W PALM DR STE# 8, FLORIDA CITY, FLORIDA 33034 The mailing address of record 1s LOS POTOSINOS TAQUERIA, at 941 W PALM DR STE# &, FLORIDA CITY, FLORIDA 33034 Inspection of this establishment conducted pursuantto Sec 509 032, Flonda Statutes, revealed viclations of the provisions of Chapter aperation of the establishment The vi 509, Florida Statutes, and / or the rules promulgated thereto governing jolation(s) found and appheable law are desenibed in Exhibit “A,” attached hereto and incorporated herein by reference Inspection documents are attached as Exhibit "B’, incorporated herein by reference WHEREFORE, Petitioner respectfully req penalties administrative fine not to exces expense at an educational p suspension, revocation, authorized by Chapter 5 COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 41840 North Monroe Street Tallahassee, Flonda 32399-1007 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 7760 7538 7160 3901 9845 7760 7538 ) HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of rogram sponsorel uests entry of an Order imposing on¢ or more of the follawing d $1,000 per offense, mandatory attendance at Respondent's d by the Department's Hospitality Education Program, or refusal of a license issued pursuant fo this Chapter, and/or any other relief 08, Florida Statutes, or the rules promulgated thereto Signed June 17, 2009 Carlos Lezcana, Deputy By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation (Inspector's Signature Title Cate Number 2009032462 License Number 2331762 2010 LOS FOTOSINOS TAQUERIA 9B/EB Said es:fl olde FT +50 File Number 227253 50 , 2009 Received by Operator's Sighature a Tile District Number 01 Form revised 05 20 09 Ada 6P49P Tress 64°66 GTaé/ET/aT Exhibit A License Number 2331762 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009032462 "EC" 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 61, Flonda Administrative Code "NFPA" as cited herein references specific provisions of the Natronal Fire Protection Association Life Safety Code, mcorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions", Florida Admunustrative Code, and 610-1 004(5), Florida Administrative Code “@ denotes a cnitical violation itis allaged thatoen March 3, 2009, and May 26, 2008, the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Administrative Code (FAC), in the follawing particulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 4 09-224 3-501 17(A)FC (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 CLEARLY 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 1 OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. * 2 OBA22-1 3302 11(A)(1) FC (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY (1) SEPARATING RAW ANIMAL FOODS DURING STORAGE, PREPARATION, HOLDING, AND DISPLAY FROM (A) RAW READ Y-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSGAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (B) COOKED READY-TO-EAT FOOD, OBSERVED IMPROPER HORIZONTAL SEPARATION OF RAW ANIMAL FOODS AND READY-TO-EAT FOODS. * 3 17-09-1 2-103 11() FC PERSON INCHARGE THE PERSON IN CHARGE SHALL ENSURE THAT (I) EMPLOYEES' ARE PROPERLY SANITIZING CLEANED MULTIUSE EQUIPMENT AND UTENSILS BEFORE THEY ARE REUSED, THROUGH ROUTINE MONITORING OF SOLUTION TEMPERATURE AND EXPOSURE TIME FOR HOT WATER SANITIZING, AND CHEMICAL CONCENTRATION, PH, TEMPERATURE, AND EXPOSURE TIME FOR CHEMICAL SANITIZING, OBSERVED LACK OF CHEMICAL TEST KIT WHEN USING CHEMICAL SANITIZER AT THREE- COMPARTMENT SINKIWARE WASHING MACHINE. * 434-094 5-208 11(A) FC (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SQ THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE OBSERVED HANDWASH SINK NOT ACCESSIBLE FOR EMPLOYEE USE AT ALL TIMES. Case Number 2008037462 File Number 227283 Distret Number 01 License Number 2331762 2010 Form revised 05 20 09 LOS POTOSINOS TAQUERIA 96/Ppa Sod woO Adaa Bp29P Tress BA-68 Wee fet es:fl olde FT +50 eu * § 3246-1 6-30112FC HAND DRYING PROVISION EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH (A) INDIVIDUAL, DISPOSABLE TOWELS, (8) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL, OR (C) A HEATED-AIR HAND DRYING DEVICE OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS. * 6 §3B-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 TO 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 41,2001 FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFIGATION 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 2009032462 File Number 227253 Disinct Number 01 License Number 2831762 2010 Form revised 05 20 08 LOS POTOSINOS TAQUERIA 96/96 Fovd FOO dad Bredp Tress Ba:6a GT . a ecipl OTOZ pt +00 Z/ET/OT

Docket for Case No: 10-009673