State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License Number 2327653 PITA SPICE License Type 2010 Respondent. Case Number 2013048109 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PITA SPICE, (“Respondent”), and says: 1. Petitioner is the state agency charged with reguiating 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 1049 WASHINGTON AVE, MIAMI BEACH, FLORIDA 33139.The mailing address of record is PITA SPICE, at 1049 WASHINGTON AVE, MIAMI BEACH, FLORIDA 33139. 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 promuigated 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 November 26, 2013 + Carlos Lezcano, District Mattager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Mare Drexier, 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: 7160 3901 9849 9961 9607 THEREBY 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 District Number: 01 Case Number: 2013048109 Fila Number: 258807 Form revised 01.01.13 License Number: 2327653 2010 PITA SPICE Exhibit A License Number: 2327653 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013048109 Itis alleged that on February 05, 2013, and October 22, 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 repori(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. ** denotes a high priority violation. * denotes an intermediate priority violation. * 4,02B-02-4 3-603.11.FC Intermediate: (A) If an animal food such as meat, eggs, or fish is offered raw, undercooked, or without pathogen elimination processing, either ready-to-eat or as an ingredient, the operator shail inform consumers of the increased risk of eating such foods using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. Disclosure shall include: (1) A description of the animal-derived foods, such as raw oysters and cooked to order hamburgers; or (2) Identification of the anirial-derived foods by asterisking them to a footnote that states the items are served or contain ingredients that are raw or undercooked. Reminder shail include asterisking the animal-derived foods requiring disclosure to a footnote that states: (1) Written safety information available upon request; (2) Consuming raw or undercooked meats, eggs or fish may increase your risk of foodborne illness especially if you have certain medical conditions. ‘ Observed raw/undercooked animal food offered and establishment has no written consumer advisory. * 9,53A-07-4 61C-4.023(1) FAC and 2-102.12(A) FC Intermediate: 61C-4.023(1) FAC All managers who are responsible for the storage, preparation, display, and serving-of foods fo the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted by the division. 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. A current list of certified food protection managers shail be available upon request in each establishment. 2-102.12 (A) FC At least one employee that has supervisory and management respronsibility and the authority to. direct and control food preparation and service shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program. Observed no certified food manager for establishment. * 3,53B-13-4 509.049(5) FS Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all faod service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees 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. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. Observed proof of required state approved employee training not available for some employees. District Number: 01 Case Number: 2013048109 File Number: 258807 Farm revised 01.01.13 License Number. 2327653 2010 PITA SPICE

Docket for Case No: 14-000102