State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a Petitioner, vs. License Number 6214625 GORDITAS DON AUICHO . License Type 2010 espon , Case Number 2012037812 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GORDITAS DON HUICHO, ("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 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 2071 DREW ST, CLEARWATER, FLORIDA 33765.The mailing address of record is GORDITAS DON HUICHO, at 2071 DREW ST, CLEARWATER, FLORIDA 33765. 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 $1,000 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 September 05, ot hn Joe Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation 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 74h5b 4008 G1 S022 Ob? BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of oregoing r OMPLAINT has been hand served by me on this. day of , 2012. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2012037812 — File Number: 248919 District Number: 03 License Number: 6214625 2010 Form revised 09.10.11 GORDITAS DON HUICHO Exhibit A License Number: 6214625 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012037812 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 March 7, 2012, March 8, 2012, May 14, 2012, June 18, 2012, July 13, 2012 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 following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.03A-07-1 3-501.16(A) FC:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING; (A) 41 DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. OBSERVED BEANS HELD AT 45 DEGREES F, RICE AT 46 DEGREES F AND SAUSAGE AT 47 DEGREES F ON 3/7/12. OBSERVED RICE HELD AT 53 DEGREES F, BEANS AT &3 DEGREES F AND CHICKEN AT &1 DEGREES F ON 3/8/42. OBSERVED HAM HELD AT 67 DEGREES F AND GROUND BEEF AT 67 DEGREES F ON 5/14/12. * 2.04-01-1 4-301.11 FC: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURES; DELI STYLE REACHIN COOLER. OBSERVED 3/7/12, 3/8/12 AND 5/14/12. * 3,31-07-1 §-204.11 FC:: HANDWASHING FACILITY. CONVENIENTLY LOCATED. A HANDWASHING FACILITY SHALL BE LOCATED: (A) TO ALLOW CONVENIENT USE BY EMPLOYEES' IN FOOD PREPARATION, FOOD DISPENSING, AND WAREWASHING AREAS, AND (B) IN, OR IMMEDIATELY ADJACENT TO, TOILET ROOMS. HAND WASH SINK MISSING AT DISHWASH AREA. * 4.32-04-1 6-202.14 FC, 61C-1.004(2)(B) FAC::, PUBLIC BATHROOMS SHALL BE COMPLETELY ENCLOSED AND SHALL HAVE TIGHT- FITTING, SELF CLOSING DOORS OR, IN BATHROOMS LOCATED OUTSIDE A PUBLIC FOOD SERVICE ESTABLISHMENT, HAVE ENTRANCES AND EXITS CONSTRUCTED IN SUCH A MANNER AS TO ENSURE PRIVACY OF OCCUPANTS. SUCH DOORS SHALL NOT BE LEFT * denotes critical violation District; 03 Case Number: 2012037812 License Type: 2010 License Number: 6214625 File Number: 248919 GORDITAS DON HUICHO Exhibit A OPEN EXCEPT DURING CLEANING OR MAINTENANCE EXCEPT THAT THIS [ENCLOSURE] REQUIREMENT DOES NOT APPLY TO A TOILET ROOM THAT IS LOCATED OUTSIDE A FOOD ESTABLISHMENT AND DOES NOT OPEN DIRECTLY INTO THE FOOD ESTABLISHMENT SUCH AS A TOILET ROOM THAT IS PROVIDED BY THE MANAGEMENT OF A SHOPPING MALL. BATHROOM NOT ENCLOSED WITH TIGHT FITTING, SELF CLOSING DOORS. §.51-09-1 61C-1.002(5)(B) FAC:: (B) ANY CHANGES IN THE NUMBER OF SEATS PROVIDED WHICH MAY AFFECT THE LICENSE FEE, THE FLORIDA CLEAN INDOOR AIR ACT, FIRE SAFETY, BATHROOM REQUIREMENTS OR ANY OTHER SANITATION AND SAFETY REQUIREMENTS PROVIDED IN LAW OR RULE, SHALL BE REPORTED IMMEDIATELY TO THE DIVISION BY THE OPERATOR.: ESTABLISHMENT DID NOT REPORT SEATING CHANGE THAT AFFECTS THE LICENSE FEE. LICENSED FOR 25 SEATS, 57 SEATS PRESENT. * denotes critical violation District: 03 Case Number: 2012037812 License Type: 2010 License Number: 6214625 : File Number: 248919 GORDITAS DON HUICHO

Docket for Case No: 13-000409