Dec ? 2010 13:47 12/07/2818 14:35 8504146749 DBPR OGA PAGE 93 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Pettioner, vs License Number 2326116 SLICE & ICE R dent . License Type 2010 esponcen| Case Number 2010004193 / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SLICE & ICE, ("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 20 168 and Chapter 509, Florida Statutes 2 Respondent ts, and has been at all times material hereto. licensed by or subyect to the jurisdiction of the Oiision of Hotels and Restaurants The respondent's business address of record is 3024 SW 27 AVE, MIAMI, FLORIDA 33133 The mailing address of record 1s SLICE & ICE, at 3024 SW 27 AVE, MIAMI. FLORIDA 33133 3 Inspection of this establishment conducted pursuant ta Sec 509 032, Florida Stalutes, 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 herem by reference WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties admunistrative fine not to exceed $1,000 per offense, suspenston, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Flonda Statutes, or the rules promulgated thereto Signed January 27, 2010 _z-. Shannie Kallas, District Manager By delegation of the Director, or designee Omwision of Holels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Marc Orexler, Lead Attorney Florida Bar No 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Sarvice BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: _7160 3901 9845 7760 4490 __- | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me an this. day of , 2010 Recewed by {inspector's Signature Operator's Signature Title Title Case Number 2010004193 File Number 201235 Distnct Number 01 Licanse Number 2326116 2010 Form revised (0 15 08 SLICE & ICE Dec 7? 2010 13:48 12/07/2818 14:35 8504146749 DBPR OGA PAGE @4 Exhibit A License Number 2326116 License Type 2010 PERMANENT FOOD SERVICE Case Number 2010004193 : “FC’ as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Admmistration, incorporated by Chapter 61C, Florida Administrative Code “NFPA" as cited herein references specific provisions of the National Fire Pratection Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Cade, and 61C-1 004(5), Florida Administrative Code “" denotes a critical violation Itts alleged that on August 4, 2009, and December 21, 2009, 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 following particulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and (incorporated by reference as Exhibit B * 1 02-13-2 360311 FC CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS (A) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401 11(C) AND SUBPARAGRAPH 3-401 11(D)(3) AND UNDER PARAGRAPH 3-801 11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY. OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED. OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS (B) DISCLOSURE SHALL INCLUDE (1) A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS “OYSTERS ON THE HALF SHELL (RAW OYSTERS), ""RAW-EGG CAESAR SALAD," AND “HAMBURGERS (CAN BE COOKED TO ORDER),”’ OR (2) IDENTIFICATION OF THE ANIMAL- DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE (TEMS ARE SERVED RAW OR UNDERCOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING OISCLOSURE TO A FOOTNOTE THAT STATES (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST, (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS "" OBSERVED REQUIRED CONSUMER ADVISORY FOR RAW/UNDERCOOKED ANIMAL FOOD NOT PROVIDED. REPEAT VIOLATION. ° 2 02-22-1 3-501 17(A)FC (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOCD 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. REPEAT VIOLATION. Case Number 2010004183 File Number 201235 Disinct Number 01 License Number 2326116 2010 Form revised 10 15 08 SLICE & ICE Dec ? 2010 13:48 12/87/2018 14:35 8504146749 DBPR OGA PAGE @5 "3 08A-29-1 3-302 11(A)(4)FC (A) FOOD SHALL BE PROTECTED FROM CROSS CONTAMINATION BY (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS., OBSERVED UNCOVERED FOOD IN HOLDING UNIT/DRY STORAGE AREA. REPEAT VIOLATION. 4 37-18-1 61C-1 004(6)FAC (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS OBSERVED DUSTY CEILING TILES AND/OR AIR CONDITIONING VENT COVERS. REPEAT VIOLATION. OBSERVED WALL IN DISREPAIR. REPEAT VIOLATION. OBSERVED WALL SOILED WITH ACCUMULATED BLACK DEBRIS IN DISHWASHING AREA. REPEAT VIOLATION. Case Number 2010004193 File Number 201235 Distact Number 01 Licanse Number 2326118 2010 Form revised 10 15.09 SLICE & ICE

Docket for Case No: 10-010497