The Issue The issues in this disciplinary proceeding are whether Respondent, a licensed restaurant, was not in compliance with food safety regulations as alleged in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Hotels and Restaurants (Petitioner), is the state agency charged with regulation of hotels and restaurants pursuant to Chapter 509, Florida Statutes (2008). At all times material to this case, El Tablazo Restaurant, Inc. (the Restaurant) was a licensed food service establishment located at 6780 Collins Avenue, Miami Beach, Florida 33141. The Restaurant held food service license number 2323114, issued by Petitioner. On July 31, 2008, Oscar Torres, a trained sanitation and safety inspector employed by Petitioner, performed a routine inspection of the Restaurant. Mr. Torres identified various food safety regulation violations in a written report that was provided to Diana Ramirez, a waitress who was working in the Restaurant, at the time of the inspection. The report set September 30, 2008, as the date for a "callback" inspection which was, in effect, the deadline for all violations to be corrected. On October 3, 2008, Mr. Torres performed the callback inspection at which time he noted that the Restaurant continued to lack proof of having a certified food safety manager and that documentation showing proof that Restaurant employees had completed the required employee food service training had an expiration date of January 2008. At the time of the inspection, one cook and one waitress were working in the Restaurant. Mr. Torres testified that not having a certified food safety manager was the more critical of the two remaining violations that serve as the basis for the Administrative Complaint in this proceeding. Other deficiencies identified in the July 31, 2008, inspection report were resolved on a timely basis and are immaterial to this proceeding. At the hearing, the Restaurant owner, Omar Sanchez, testified that his is a family-owned Restaurant, and that his wife and brother-in-law are both certified food managers. He acknowledged there was no certified food manager in the Restaurant at the time of either inspection. His brother-in-law was in New York and his wife, Luz Cano Sanchez, testified that she was in Columbia. Mrs. Sanchez testified that his brother- in-law kept his certification card in his wallet, but that his wife's certification was at the Restaurant. Mr. Sanchez testified that he contacted a trainer for his employees, but not until some time in September, and the trainer, Giovanni Bierru, was unable to schedule the training until October 14, 2008, after the time of the deadline set for the callback inspection. There is no mitigating evidence, however, to support a conclusion that all employees were, in fact, trained only eleven days after the inspection. Subsequent to the hearing, on April 30, 2008, the Restaurant submitted a certificate indicating that Luz Cano was, beginning on February 21, 2002, a certified food safety manager, and that she had again completed food safety employee training on December 15, 2008.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation, Division of Hotels and Restaurants, enter a final order imposing a fine of $500 against Respondent payable within 30 calendar days of the final order, and requiring that Respondent complete an appropriate educational program related to food safety within 90 calendar days of the final order. DONE AND ENTERED this 9th day of June, 2009, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of June, 2009. COPIES FURNISHED: Omar DeJesus Sanchez El Tablazo Restaurant 6780 Collins Avenue Miami Beach, Florida 33141 Charles Tunnicliff, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Sherria Williams, Qualified Representative Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 William L. Veach, Director Division of Hotels and Restaurants Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
