State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs... 4 EL BODEGON TAPAS AND WINE Lies oe Sore Respondent. Case Number 2011041021 / | Administrative Complaint j The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND ‘RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against EL BODEGON TAPAS AND WINE, ("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 all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 409 S$ ORLANDO | AVENUE SUITE 100, WINTER PARK, FLORIDA 32789-3684.The mailing address of record is EL 1 BODEGON TAPAS AND WINE, at 400 SOUTH ORLANDO AVENUE, SUITE#100 , WINTER PARK, ' FLORIDA 32789-3684. . | 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 jin 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 $1,000 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 18, 2011 Ot 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 Regulation 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 COMPLAINT has been hand served by me on this. day of ,2011 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2011041021 File Number: 205958 : District Number: 04 License Number: 5802377 2010 ; Form revised (02.02.11 EL BODEGON TAPAS AND WINE Filed April 23, 2012 4:22 PM Division of Administrative Hearings Exhibit A License Number: 5802377 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2011041021 “FC’ 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 61C, Florida ‘Administrative Code. “NFPA’ as cited herein references specific 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 Administrative Code. “*' denotes a critical violation. It is alleged that on July 13, 2011, July 15, 2011 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 t e following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.20A-10-1 4-501.114(A) FC:: MANUAL AND MECHANICAL WAREWASHING EQUIPMENT, CHEMICAL SANITIZATION - TEMPERATURE, PH, CONCENTRATION, AND HARDNESS, A CHEMICAL SANITIZER USED IN A SANITIZING SOLUTION FOR A MANUAL OR MECHANICAL OPERATION AT EXPOSURE TIMES SPECIFIED UNDER PARAGRAPH 4-703.11(C) SHALL BE LISTED IN|21 CFR 178.1010 SANITIZING SOLUTIONS, SHALL BE USED IN ACCORDANCE WITH THE EPA-APPROVED ; MANUFACTURER'S LABEL USE INSTRUCTIONS, AND SHALL BE USED AS FOLLOWS: | (A) A CHLORINE SOLUTION SHALL HAVE A MINIMUM TEMPERATURE BASED ON THE CONCENTRATION AND PH OF THE SOLUTION AS LISTED IN THE FOLLOWING CHART [SUMMARIZED AS FOLLOWS:| MINIMUM CONCENTRATION 25 MG/L AT 120 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS; 50 MG/L AT 100 DEGREES FAHRENHEIT WATER TEMPERATURE (PH 10 OR LESS) OR 75 DEGREES FAHRENHEIT (PH 8 OR LESS); 100 MG/L AT 55 DEGREES FAHRENHEIT WATER TEMPERATURE, PH 10 OR LESS.] . . ON 07/13/11, THE DISH MACHINE HAD NO HOT WATER AND WAS UNABLE TO SANITIZE,AND ON “07/15/11, THE HEAT STRIP FAILED TO TURN COLOR INDICATING THAT IT WAS NOT ACHIEVING 160 DEGREES F AT THE PLATE SURFACE. DISHES WERE NOT BEING SANITIZED. * 2,27-18-1 §-202.12(A) AND (B) FC::_ HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY: - ON 07/13/11, THERE WAS NO HOT WATER AVAILABLE AT THE HAND WASH SINKS AND ON 07/15/11, THERE WAS NO HOT WATER AVAILABLE AT THE WARE WASHING/SERVER'S AREA. Case Number: 2011044021 File Number: 205958 District Number: 04 License Number: 5802377 -2010 Form revised 02.02.11 EL BODEGON TAPAS AND WINE :

Docket for Case No: 12-001519