State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS EL SABOR LATINO RESTAURANTE teense qyeeao10 Respondent Case Number 2009044446 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against EL SABOR LATINO RESTAURANTE, (“Respondent”), and says 1 Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida Statutes 2 Respondents, and has been at all times matenal hereto, licensed by or subject to the yursdiction of the Division of Hotels and Restaurants The respondent's business address of record is 10827 SW 40 ST, MIAMI, FLORIDA 33166 The mailing address of record is EL SABOR LATINO RESTAURANTE, at 10827 SW 40 ST, MIAMI, FLORIDA 33165 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 Exhibit “B", incorporated herein by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties administrative fine not to exceed 81,000 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 August 21, 2009 Sab, | Shannie Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Mare Drexler, Lead Attorney Flonda Bar No 0487058 Department of Business & Professional Regulation 1940 North Manroe Street Tallahassee, Florida 32399-2202 Certificate of Service AY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74160 3901 9845 7760 8535 | 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 Title Title Gase Number 2009044446 = File Number 217931 District Number 01 License Number 2314359 2010 Form revised 07 15 09 Et SABOR LATINO RESTAURANTE 9B/EB Said YOO sddd Bp29P Tress 61:68 Tae fet fat Pei? Ode FT 450 Exhibit A License Number 2314350 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009044446 “FC” as cited herein references specitic provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incarporated by Chapter 61C, Florida Administrative Code "NFPA" as cited herein references specific provisions of the National Fire Protection Assocation Life Safety Code, incerporated by reference at Chapter 44-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1 004(5), Flonda Admunistrahve Code “ denotes a critical violation Itis alleged that on January 27, 2009, July 27, 2009, and July 28, 2009, the licensee was in violation of Florida Statute §09(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the follawing particulars Copy(s) of the repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 1 :02-22-1 3-601 17(A)FG (A) EXCEPT AS SPECIFIED IN PARAGRAPH (2D) 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) 414 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS, THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1 OBSERVED READY-TQ-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON SITE AND HELD MORE THAN 24 HOURS WITH NOT PROPERLY DATE MARKED. REPEAT VIOLATION, * 2 O8A-36-1 3-302 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 READY-TO-EAT FOOD INCLUDING OTHER RAW ANIMAL FOOD SUCH AS FISH FOR SUSHI OR MOLLUSCAN SHELLFISH, OR OTHER RAW READY-TO-EAT FOOD SUCH AS VEGETABLES, AND (8) COOKED READY-TO-EAT FOOD, OBSERVED RAW ANIMAL FOOD NOT PROPERLY SEPARATED FROM READY-TO-EAT FOOD WHILE BEING PREPARED IN PREP TABLE. REPEAT VIOLATION, OBSERVED FOGD STORED ON FLOOR OUTSIDE RESTAURANT ON TOP OF DIRTY WATER. REPEAT VIOLATION. OBSERVED UNCOVERED FOQD IN HOLDING UNIT/ORY STORAGE AREA. REPEAT VIOLATION. * 9 35B-12-1 6-202 16FC EXTERIOR WALLS AND ROOFS, PROTECTIVE BARRIER PERIMETER WALLS AND ROOFS OF A FOOD ESTABLISHMENT SHALL EFFECTIVELY PROTECT THE ESTABLISHMENT FROM THE WEATHER AND THE ENTRY OF INSECTS, RODENTS, AND OTHER ANIMALS OBSERVED PERIMETER WALLS AND ROOFS DO NOT EFFECTIVELY PROTECT ESTABLISHMENT AGAINST CROSS-CONTAMINATION. REPEAT VIOLATION. OBSERVED OPENINGS OF ESTABLISHMENT CANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION, REPEAT VIOLATION. Case Number 200804d446 Fila Number 217931 District Number 04 Licanse Number 2914350 2010 Form revised O7 15 09 EL SABOR LATINO RESTAURANTE 9a/Pa Sod YOO sddd Bp29P Tress 61:68 Tae fet fat Sf:pT olde FT +50 * 4 93B-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 SERVIGE 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 FOQD 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 OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number 2009044445 = Fila Number 217931 Oistriel Number 01 License Number 2314350 2010 Form revised 07 15 09 EL SABOR LATING RESTAURANTE 98/SA Spd YOO sddd Bp29P Tress éT+6A Tae /eT fat oe:fT Ode FT 450

Docket for Case No: 10-009674