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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs JANETH CORP., D/B/A EL EDEN II, 15-002496 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002496 Visitors: 17
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: JANETH CORP., D/B/A EL EDEN II
Judges: JUNE C. MCKINNEY
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 04, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 26, 2015.

Latest Update: Dec. 27, 2024
State of Florida Department of Business and Professional Regulation . Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, : VS. : Case Number: 2015012862 JANETH CORP License Number: 2318674 4 License Type: . 2010 d/b/a EL EDEN Hi, File Nurab 411246 Respondent. ve Number. / Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against JANETH CORP d/b/a EL EDEN Ht, (“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 10755 SW 190 ST, MIAMI, FLORIDA 331577628.The mailing address of record.is JANETH CORP. d/b/a EL EDEN II at 10755 SW 190 ST#45, MIAMI, FLORIDA 331577628,” 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 March 20, 2015 ZZ . . Firman f . Maurice Chi, Deputy 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 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 9414 7266 9904 2017 8005 17 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this_.- day of ‘ 12015. SO Received by: : Inspector's Signature . Operator's Signature Title ; Title Case Number: 2015012862 File Number: 111246 ‘ District Number: 01 License Number: 2318674 2010 Form revised 01.01.13 EL EDEN II Exhibit A License Number: 2318674 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2015012862 : It is alleged thaton December 05, 2014, and February 10, 2015, 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 high priority violation. * denotes an intermediate priority violation. * 1a. 12A-03-4 -2-301.15FC Intermediate: Food employees shall clean their hands in a handwashing sink or.approved automatic handwashing facility and may not clean their hands in a sink used for.food preparation or warewashing, or in a service sink ora curbed cleaning facility used for the disposal of mop water and similar liquid waste. Observed employee washed hands in a sink other than an approved handwash sink. Employee washed hands in the three compartment sink. ™ 4b. 12A-04-4 2-301.14(E) FC High Priority: Food employees shall clean their hands and exposed portions of their-arms as. specified under Section .2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single- use articles and: (E) After handling soiled equipment or utensils; Observed dishwasher handied soiled dishes or utensils and then handled clean dishes or utensils without washing hands, During callback inspection, employee did not wash hands after switching from soiled to clean utensils. ™ 4c, 12A-16-4 .2-301.14FC . High Priority: Food employees shall clean their hands and exposed portions of their arms as specified under Section 2-301.12 immediately before engaging in food preparation including working with exposed food, clean.equipment and utensils, and unwrapped single-service and single-use articles - and:: Observed employee began working with food, handling clean equipment or.utensils, or touching unwrapped single-service items without first washing hands. * 2.34A-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 in warewashing 2 area. No hand wash sink at the kitchen cook line and in dishwashing area. : District Number: 01 Case Number: 2015012862 File Number: 111246 Form revised 01.01.13 License Number: 2318674 2010 EL EDEN * 3.53A-03-5 61C-4,023(1) FAC — Intermeciate: 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 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. Observed food manager certification expired. Maria Chinique’s CFM card expired on 10/21/09. Unable to show proof during callback inspection - CFM card not renewed. Case Number: 2015012862 File Number: 111246 District Number: 01 License Number: 2318674 2010 Form revised 01.01.13 EL EDEN II

Docket for Case No: 15-002496
Issue Date Proceedings
Jul. 02, 2015 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits to Petitioner.
Jun. 26, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 26, 2015 Joint Motion to Relinquish Jurisdiction filed.
Jun. 19, 2015 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 17, 2015 Petitioner's Witness List filed.
Jun. 17, 2015 Petitioner's (Proposed) Exhibit List filed.
Jun. 17, 2015 Transmittal Letter filed.
May 07, 2015 Order of Pre-hearing Instructions.
May 07, 2015 Notice of Hearing by Video Teleconference (hearing set for June 29, 2015; 9:30 a.m.; Miami and Tallahassee, FL).
May 06, 2015 (Petitioner's) Response to Initial Order filed.
May 04, 2015 Election of Rights filed.
May 04, 2015 Administrative Complaint filed.
May 04, 2015 Agency referral filed.
May 04, 2015 Initial Order.
Source:  Florida - Division of Administrative Hearings

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