State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 2328661 LA BARRA R dent License Type 2010 esponcent Case Number 2013006857 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against LA BARRA, {"Respondent'), and, says: 1. Petitioner i is the state agency charged with regulating the (e) eration of publi | lod ing. establishments and 2. Respondent is, and has been at all times material hereto, ilesnsed by or subject to the Jurisdiction ‘of the Division of Hotels and Restaurants, The respondent's business address of record Is 17032 COLLINS AVE, SUNNY ISLES BEACH, FLORIDA 33180.The malling address of record Is LA BARRA, at 20640 NE: 25TH PLACE, MIAMI, FLORIDA 33180. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, ‘revealed violations of the provisions of Chaptér 509, Florida Statlités, and 7 or the Tiles promulgatéd 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 documenis 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 rellef authorized by Chapter 509, Florida Statutes, or the tules promulgated thereto. Signed February 19, 2013 Carlos Lezcano, District 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 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7196 9008 9111 8127 3827 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2013, : Received by; Inspector's Signature Operator's Signature Title Title Case Number: 2013006857 File Number; 249043 District Number: 04 License, Number: 2328661 2010 Form revised 01.01.13 LA BARRA Exhibit A License Number: 2328661 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013006857 It Is allaged that on November 5, 2012, and January 15, 2013, Respondent was in violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as Incorporated by Chapter 61C, 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. ** denotes a critical violation. * 4,09-04-1 3-301.11(B) FC: (B) Except when washing fruits and vegetables as specified under Section 3-302.15 or when otherwise approved, food EMPLOYEES’ may not contact exposed, ready-to-eat food with dlspensing equipment. OBSERVED BARE HAND CONTACT OF READY-TO-EAT FOOD BY EMPLOYEES AND ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE IN EFFECT. “ 2. 63B-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 thls chapter, These standards shall not Include an examination, but shall provide for a food safety tralning certificate program for food service employees to be administered by a private nonprofit provider chosen by the division, Any food safety training pragram 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. It 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 recelve 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; 2013006867 — File Number: 249043 , District Number: 01 License Number; 2328661 2010 Form revised 01.01.13 LA BARRA .

Docket for Case No: 13-001567