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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GARA INVESTMENT, LLC, D/B/A LATIN BOHEMIA GRILL, 14-002695 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002695 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GARA INVESTMENT, LLC, D/B/A LATIN BOHEMIA GRILL
Judges: ROBERT E. MEALE
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 10, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 16, 2014.

Latest Update: Nov. 16, 2024
State of Florida Department of Business and Professiona! Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. . Case Number: 2014019728 GARA INVESTMENT LLC rigense Rumber: 2382771 d/bla LATIN BOHEMIA GRILL, - File Nur ve 348930 . Respondent, ; He Number: / . Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against GARA INVESTMENT LLC d/b/a LATIN BOHEMIA GRILL, ("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 3894 SW 8 ST, CORAL GABLES, FLORIDA 33134. The mailing address of record is GARA INVESTMENT LLG d/b/a - LATIN BOHEMIA GRILL at 1261 S POWERLINE RD, POMPANO BEACH, FLORIDA 33069. 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 a are B attached ai as s Exhibit , 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 May 08, 2014 Carlos Lezcano, District aon 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 ‘4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7196 9008 9111 2509 4839 J HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2014, i Received by Inspector's Signature - . Operator's Signature Title © / Title, District Number: 041 Case Number: 2014019728 File Number: 248330 : Form revised 01.01.13 Lieanse Number: 2332771 2010 LATIN BOHEMIA GRILL ‘Exhibit A License Number: 2332771 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2014019728 Itls alleged that on February 03, 2014, and April 03, 2014, 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 heréto and incorporated by reference as Exhibit B. ™ denotes a high priority violation. *denotes an intermediate priority violation. - * 4,01D-01-4 3-402,11 FC: (A) High Priority: Before service or sale in ready-to-eat form, raw, raw- marinated, partially cooked, or marinated-partially cooked fish shall be: (1) Frozen and stored at a temperature. of -4 degrees Fahrenheit or bélow for a minimum of 168 hours in a freezer; (2) Frozen at-31 degrees Fahrenheit or below until solid and stored at -31 degrees Fahrenheit or below for a minimum of 15 hours; or (3) Frozen at -31 degrees Fahrenheit or below until solid and stored at -4 degrees Fahrenheit or below for a minimum of 24 hours, (B) Paragraph (A) of this section does not apply to: (1) Molluscan shelifish; (2) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyil (Bluefin tuna, Southern), Thurinus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin funa, Northern); or (3) Aquacultured fish, such as salmon, that: (a) If raised in open water, are raised in net-pens, or (b) Are raised in land-based operations such as ponds or tanks, and (c) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured FISH. (4) Fish eggs that have been removed from the.skein and rinsed, Observed nonexempt fish offered raw or undercooked has not undergone proper parasite destruction. ™.2.03B-01-4 3-601.16 (A)(1) FC: (A) High Priority: 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 under Paragraph (B) and in Paragraph (C ) of this section, potentially hazardous food (time/temperature control for safety 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; Observed potentially hazardous (time/temperature control for safety) food hot held at less than 135 degrees Fahrenheit or above. Soup at 98-99 degrees Fahrenheit and chicken at 109 degrees Fahrenheit. 321-124 3-304.14(B)(1) FC Basic; (B) Cloths in-use for wiping counters and other equipment surfaces shall be: (1) Held between uses in a chemical sanitizer solution at a concentration specified under Section 4- 501.114; Observed wet wiping cloth not stored in sanitizing solution between uses. * 4A.31A-07-4 5-204.11 FC Intermediate: A handwashing sink 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. Observed handwash sink missing splash guard in warewashing area, Repeat Violation, District Number: 01 Case Number: 2014019728 File Number: 248330 Form revised 01.01.13 License Number: 2332771 2010 LATIN BOHEMIA GRILL * 4B.31A-08-4 5-204.11 FC Intermediate: A handwashing sink 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, . : Observed handwash sink missing splash guard in food preparation room or area. * 40. 31B-03-4 6-301.11 FC Intermediate: Each handwashing sink or group of 2 adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap. Observed no soap provided at handwash sink by ice machine. Case Number: 2014019728 File Number: 248330 District Number: 01 Licansa Number: 2332771 2010 Form revised 01.01.13 LATIN BOHEMIA GRILL

Docket for Case No: 14-002695
Issue Date Proceedings
Jul. 16, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 16, 2014 Joint Motion to Relinquish Jurisdiction filed.
Jul. 15, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jul. 14, 2014 Petitioner's (Proposed) Exhibit List filed.
Jul. 14, 2014 Petitioner's Witness List filed.
Jul. 14, 2014 Transmittal Letter filed.
Jul. 11, 2014 (Petitioner's) Notice of Voluntary Dismissal of Counts filed.
Jun. 12, 2014 Notice of Hearing by Video Teleconference (hearing set for July 24, 2014; 9:00 a.m.; Miami and Tallahassee, FL).
Jun. 11, 2014 (Petitioner's) Response to Initial Order filed.
Jun. 11, 2014 Initial Order.
Jun. 10, 2014 Election of Rights filed.
Jun. 10, 2014 Administrative Complaint filed.
Jun. 10, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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