State of Florida Department of Business and Professional Regulation Division of|Hotels and Restaurants DEPARTMENT .OF BUSINESS AND PROFESSIONAL REGULATION ~ Petitioner, vs. : License Number, 1505690 LAS PALMAS pen ROR AURANT License Type 2010 spon , . Case Number 2010061224 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against LAS PALMAS CUBAN RESTAURANT, (“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. Respondent is, and has been at ail times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants, The respondents business address of record is 4870 BABCOCK ST, PALM BAY, FLORIDA 32905.The mailing address of record is LAS PALMAS CUBAN RESTAURANT, at 4870 BABCOCK ST, PALM BAY, FLORIDA |32905. 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 $1, .0p0 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 December 14, 2010 Vere 2 \Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regutation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COM PLAINT has been hand served by me on this, day of , 2010. : Received by: . Inspector's Signature Operator's Signature ; Title - Title Case Number: 2010061224 — File‘Number: 229973 District Number: 04 License Number: 1505690 2010 Form revised 10.04.40 LAS PALMAS CUBAN RESTAURANT Filed December 28, 2011 11:34 AM Division of Administrative Hearings Exhibit A License Number: 1505690 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010061224 FC as cited herein references specific provision Public Health Service, Food and Drug Administ Code. NFPA as cited herein references specific s of the Food Code, Recommendations of the United States lation, incorporated by Chapter 61C, Florida Administrative provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1.004(5), Florida * denotes a critical violation. Administrative Code. It is alleged that on September 17, 2010, November 17, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the * 4.03D-01-1 ACCORDANCE WITH THE TIME AND TEMPE! BY USING ONE OR MORE OF THE FOLLOWI following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 3-501.15 FC:: COOLING METHODS. (A) COOLING SHALL BE ACCOMPLISHED IN RATURE CRITERIA SPECIFIED UNDER SECTION 3-501.14 NG METHODS BASED ON THE TYPE OF FOOD BEING COOLED: (1) PLACING THE FOOD IN SHALLIOW PANS; (2) SEPARATING THE FOOD INTO SMALLER OR THINNER PORTIONS; (3) USING RAPID GOOLING EQUIPMENT; (4) STIRRING THE FOOD IN A CONTAINER PLACED IN AN ICE WATER BATH; (5) USING CONTAINERS THAT FACILITATE HEAT TRANSFER; (6) ADDING ICE AS AN INGREDI PLACED IN COOLING OR COLD HOLDING E BEING COOLED SHALL BE: (1) ARRANGED ENT; OR (7) OTHER EFFECTIVE METHODS. (B) WHEN UIPMENT, FOOD CONTAINERS IN WHICH FOOD IS N THE EQUIPMENT TO PROVIDE MAXIMUM HEAT TRANSFER THROUGH THE CONTAINER WALLS; AND (2) LOOSELY COVERED, OR UNCOVERED IF PROTECTED FROM OVERHEAD CONTAMIN {A)(2), DURING THE COOLING PERIOD TO F; THE FOOD. AND 03D-05-1 3-501,14(A) FC: TION AS SPECIFIED UNDER SUBPARAGRAPH 3-305.11 CILITATE HEAT TRANSFER FROM THE SURFACE OF (A) COOKED POTENTIALLY HAZARDOUS FOOD SHALL BE COOLED: (1) WITHIN 2 HOURS, FROM 135 DEGREES FAHRENHEIT TO 70 DEGREES FAHRENHEIT; AND (2) WITHIN A TOTAL OF 6 HOURS, FROM 135 DEGREES FAHRENHEIT TO 414DEGREES FAHRENHEIT OR LESS.. ON 9/17/10, THE GROUND BEEF AND POTATOES WERE COOLING AT ROOM TEMPERATURE, 127 DEGREES F. * 2.08B-09-1 3-304.15(A) FC:: (A) IF USED, SINGLE-USE GLOVES SHALL BE USED FOR ONLY ONE TASK SUCH AS WORKING WITH READY-TO;EAT FOOD OR WITH RAW ANIMAL FOOD, USED FOR NO OTHER PURPOSE, AND DISCARDED WHEN OCCUR IN THE OPERATION, AND 12A-17-1 2-301.12 FC:: CLEANING Pi DAMAGED OR SOILED, OR WHEN INTERRUPTIONS IROCEDURE. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, FOOD EMPLOYEES’ SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS (OR SURROGATE PROSTH SECONDS, USING A CLEANING COMPOUND ETIC DEVICES FOR HANDS OR ARMS) FOR AT LEAST 20 IN A LAVATORY THAT IS EQUIPPED AS SPECIFIED UNDER SECTION 5-202.12, (B) FOOD EMPLOYEES' SHALL USE THE FOLLOWING CLEANING PROCEDURE: (1) VIGOROUS FRICTION ON TIPS, AREAS BETWEEN THE FINGERS, HAN THE SURFACES OF THE LATHERED FINGERS, FINGER DS AND ARMS (OR BY VIGOROUSLY RUBBING THE SURROGATE PROSTHETIC DEVICES FOR HANDS OR ARMS) FOR AT LEAST 10 TO 15 SECONDS, FOLLOWED BY; (2) THOROUGH RINSING UNDER CLEAN, RUNNING WARM WATER; AND (3) IMMEDIATELY FOLLOW THE CLEANING PRO * denotes critical violation Case Number: 2010061224 License Number: 1505690 LAS PALMAS CUBAN RESTAURANT CEDURE WITH THOROUGH DRYING OF ‘CLEANED District: 04 License Type: 2010 File Number: 229973 Exhibit A HANDS AND ARMS (OR SURROGATE PROSTHETIC DEVICES) USING A METHOD AS SPECIFIED UNDER SECTION 6-301.12. (C) FOOD EMPLOYEES' SHALL PAY PARTICULAR ATTENTION TO THE AREAS UNDERNEATH THE FINGERNAILS DURING THE CLEANING PROCEDURE. (D)'IF APPROVED AND CAPABLE OF REMOVING THE TYPES OF SOILS ENCOUNTERED IN THE FOOD OPERATIONS INVOLVED, AN AUTOMATIC HANDWASHING | FACILITY MAY BE USED BY FOOD EMPLOYEES TO CLEAN THEIR HANDS. THE EMPLOYEES WERE NOT PROPERLY CHANGING GLOVES AND WASHING THEIR HANDS AS NEEDED. THE EMPLOYEE USED A CLOTH TO WIPE THEIR GLOVES INSTEAD OF TAKING THE GLOVES OFF AND WASHING THEIR HANDS, 3. 38-07-41 6-202.11 FC:: LIGHT BULBS PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (8) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. THERE WAS NO LIGHT SHIELD IN PLACE ON THE COOK LINE. * 4.41B-03-1 7-102.11 FC:: COMMON NAME. WORKING CONTAINERS USED FOR STORING POISONOUS OR TOXIC MATERIALS SUCH AS CLEANERS AND SANITIZERS TAKEN FROM BULK SUPPLIES SHALL BE CLEARLY AND INDIVIDUALLY IDENTIFIED WITH THE COMMON NAME OF THE MATERIAL. . THE CHEMICAL SPRAY BOTTLES WERE NOT LABELED. “ 5.53A-01-2 509.039 FS AND 61C-4.023({) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 30 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTIED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF FOOD SERVICE MANAGER CERTIFICATION UPON REQUEST... THERE WAS NO PROOF OF FOOD MANAGER CERTIFICATION PROVIDED. * denotes critical violation Case Number: 2010061224 License Number: 1505690 LAS PALMAS CUBAN RESTAURANT District: 04 License Type: 2010 File Number: 229973

Docket for Case No: 11-006487