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State of Florida

Department of Business and Professional Regulation DMsion of Hot!!ls and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAilON

Pet1t1oner1

vs

DAVID CAFE II

Respondent

License Number 2324718

License Type 2010

                                        I Case Number 2010005571

Administrative Complaint

ihe DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Pet1t1oner"), files lh1s Admin1slrative Compla1nl against DAVID CAFE II, ("Respondent"), and says

1. Pet1t1oner 1s 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. Respondent 1s, and has been at all times material hereto, locensed by or subJeCt to lhe Junsd1ct1on of the

   D1v1s1on of Hotels and Restaurants The respondent's business address of record 1s 1654 MERIDIAN AVE, MIAMI BEACH, FLORIDA 331392822 The ma1lmg address of record 1s DAVID CAFE II, at 1654 MERIDIAN AVE, MIAMI BEACH, FLORIDA 331392822

3. Inspection of this establishment conducted purnuant to Sec 509 032, Florida Statutes, revealed v1olat1ons

of the prov1s1ons of Chapter 509, Florida Statutes, and/ or the rules promulgated thereto governing operation of the establishment The v10lat1on(s) found and apphcable law are descnbed m Exh1b1t "A," attached hereto and incorporated herem by reference Inspection documents are attached as Exh1lllt "8", incorporated herem by reference

WHEREFORE. Pet1t1oner respectfully requests entry of an Order 1mpos1ng 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 rehef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto

Signed February 03, 2010

Shann1e Kallas, D1slricl Manager

By delegatlon of the Director, or des1gnee D1v1s1on of Hotels & Restaurants

Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT

Marc Drexler, Lead Attorney Florida Bar No 0487058

Department of Business & Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399·22D2

Certificate of SelYice

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9845 1[60 4681

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this    Inspector's Signature

day of , 201O

Received by -=----,--e:----, ­

Operator's Signature

Tille

Case Number 2010005571 File Number 113084

License Nul'ilb!'r 2324718 2010

D1stnct Number 01

Form ravIa d 10 15 09

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Exh1b1t A

License Number 2324718

License Type 2010 PERMANENT FOOD SERVICE

Case Number 2010005571

"FC" :;,s cited herern references speer/re prov,s,ons of the Food Code, Recommendations of the Unrted States Public Health Servrce, Food and Drug AdmInrstrat1on, rncorporated by Chapter 61C, Florrda Admrnrstrat1ve Code "NFPA" as cited herern references specific provisions of the NatronaI Fire Protection Assocratron Lrfe Safety Code, incorporated by reference at Chapter 4A-3, "Fire Prevention, General Prov1s1ons", Florida AdmrnrstratIve COde, and 61C-1 004(5), Florida AdmImstratIve Code

"*" denotes a crrtIcal vIolatron

It IS alleged that on December 30, 2009, and January 4, 2010, the l•censee was rn vrolabon of Florrda Statute 509(FS) and/or the Rules of the D1vIs1on of Hotels and Restaurants, Florida AdmIn1stratIve Code (FAG), 1n the following particulars Copy(s) of the report(s) for the above referenced Inspec:tIon(s) are attacheci hereto and incorporated by reference as ExhrbIt B

• 1 12A-16-1 2-301 14 FC WHEN TO WASH FOOD EMPLOYEES' SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301 12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WORKING WITH EXPOSED FOOD, CLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE..SERVICE AND SINGLE-USE ARTICLES AND

(A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS, (B) AFTER USING THE TOILET ROOM, (C) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403 11(8), (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-40111(8), AFTER COUGHING, SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOBACCO, EATING, OR DRINKING, (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS, (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS, (G) WHEN SWITCHING BE1WEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD, (H) BEFORE DONNING GLOVES FOR WORKING WITH FOOD, AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS

OBSERVED EMPLOYEES ENGAGED IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS.

C,l;lse Numb r 2010005571 FIi@ Number 11J084

ueans.e NumMr 2324718 2010

Cl1!itr1cl Number 01

f=orm revised 1o 15 09

Docket for Case No: 10-010920