State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND yo, | PROFESSIONAL REGULATION ‘ | Petitioner, vs, ; License Number 2332131 | 100 MONTADITOS y t License Typé 2010 Ssponcent, Case Number 2012033771 Administrative Complaint The DEPARTMENT OF. BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against 100 MONTADITOS, ("Respondent’), and says: : 4. 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 609, Florida Statutes, 2, Respondent Is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the i Division of Hotels and Restaurants. The respondent's business address of record Is 5829 SW 73 ST STE- / 8, SOUTH MIAMI, FLORIDA 33143,The mailing address of record Is 100 MONTADITOS, at 829 SW 73 I ST STE-8, SOUTH MIAMI, FLORIDA 33143. | 3. Inspection of this establishment conducted pursuant to Sec, 609,032, Florida Statutes, revealed violations , of the provisions of Chapter 609, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment. The violation(s) found and applicable law are described tn 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 penaltles: 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 rellef authorized by Chapter 608, Florida Statutes, or the { rules promulgated thereto. : { Signed August 06, 2012 J A : . Carlos Lezcano, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation see iw my COUNSEL FOR THE DEPARTMENT: Mare 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: 7196 9008 9111 1440 3468 | | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2012 Recaived by: Inspector's Signature ..... Operator's Signature Title . Title . i} Case Number: 2012033771 Fite Number: 253822 Distrlot Number: 01 License Number: 2332131 2010 . Form revised 09.10.11 ! i 100 MONTADITOS. Exhibit A License Number: 2332131 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012033771 "FC" as cited herein references specific provisions of the Food Code, Récommendations 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, itis alleged that on May 23, 2012, and July 25, 2012, the Ilcensee 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 following particulars. Copy(s) of the report(s) for the above referenced inspectlon(s) are attached hereto and incorporated by reference as Exhibit B. ’ * 41. 63A-01-2 509,039 FS AND 61C-4.023(1) 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 ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHIGH 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... OBSERVED MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * 2.53B-08-1 609.049 FS: 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 FOQD 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. |T, 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 SERVICE 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, FOOD 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. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. Case Number: 2012033771 Fite Number: 263822 . ae, District:Number: 04 License Number: 2332131 2010 ve ae Form revised 09.10.41 100 MONTADITOS TEN,

Docket for Case No: 13-000103