Jul 20 2007 12:35 DEPR OGA PAGE 4/11 a?/20/ 2687 12:31 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. . License No. 6904481 QUIZNO'S SUBS dent License. Type 2010 espon rn . Gase No. 2008062359 . . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against QUIZNO'S SUBS, (“Respondent”), and says: ~ . 4. 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 ali 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 851 SR 434, ALTAMONTE SPRINGS, FLORIDA 32716. The mailing address of record is QUIZNO'S SUAS, at PO BOX 91-6555, LONGWOOD, FLORIDA 32791. 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 altached as Exhibit "B", incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the fallowing penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal ofa license Issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, , Signed November 14, 2006 Con. Valens e Freewian Val reeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Departmant of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney — Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE - BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: . THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2006 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2006062359 District Number: 04 License Number: 6904481 2070 : Form revised 10.10.06 GUIZNO'S SUBS Jul 20 2007 12:36 arf2e/28e7 12:31 8584146749 DEPR OGA PAGE 5/11 Exhibit A License Number: 6904481 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008062359 FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 64C-1.004(5), Florida Administrative Code. * denotes a critical violation. Itis alleged that on July 26, 2006, October 26, 2008 the licensee was in violation of Florida Statute 508(FS) and/or tha Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the repart(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. 1, 14-29-14 4-101.18 FC: SPONGES, USE LIMITATION. SPONGES MAY NOT BE USED IN CONTACT WITH CLEANED AND SANITIZED OR IN-USE FOOD-CONTACT SURFACES. SPONGES WERE USED ON CLEAN AND SANITIZED IN USE FOOD CONTACT SURFACES. * 2. 53B-08-1 509,049FAC: 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, PISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS AGT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LIGENSEE 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 RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT, CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. ° THERE WAS NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. * 3. 47-03-41 NFPA 70, 110.12(A):; UNUSED OPENINGS - UNUSED OPENINGS IN BOXES OR HOUSINGS SHALL BE EFFECTIVELY CLOSED TO AFFORD PROTECTION SUBSTANTIALLY EQUIVALENT TO THE WALL OF THE EQUIPMENT. THERE WAS AN UNUSED, UNPROTECTED OPENING IN THE ELECTRICAL PANEL BOX, 4.38-10-1 61C-1,004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. THE LIGHT ABOVE DRY STORAGE SHELVES WAS NOT FUNCTIONING. * denotes critical violation District 04 Case Number: 2006062359 License Type: 2010 License Number, 6904481 File Number. 173898 QUIZNO'S SUBS Jul 20 2007 12:36 arf2e/28e7 12:31 8584146749 DEPR OGA PAGE 46/11 Exhibit A * 605-091 4204.112 FC: (A) INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OF A MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD OR HOT HOLDING EQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (B) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE |S NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. THERE WERE NO CONSPICULOUSLY LOCATED THERMOMETERS IN ALL COLD HOLDING UNITS. * denotes critical violation L District’ a . Case Number: 2006062369 icense Type: License Number: 6904481 File Number; 173998 QUIZNO'S SUBS 7 a?/20/ 2687 12:31 Fallit: to commply with Kile Notice mary bitte om pimintatrative complaint Ghat rety resnlt 0/25/08 13:18 AM Tanne Inepection Date and Time MAITLAND FOOD, (16 Omer ame CRUIENO'S SUBS. Jul 20 2007 a5a41 46749 DEPR OGA LEGAL NOTICE 12:36 PAGE 7/11 Pa EXHIBIT B fa euepanslot of revoeution of your Hoamas and fires, folowing Ramis} have etn Tecommended for Adminitrative Compiaint: {é-201: Observed eatabiishment using eponges on cleaned ad sanhived, of in-ume food contact surface. 138-08-t: Ne proof of required employees traning provided. 47-03-1: Obgerved unused opening in panel bo unprotected, C8A-20-1: Otmerved food stored on flooe, Wat in, walk in Freezer. Repeat vielstions 2/24/06 =" 3A-10-1: Unht not functloaing. Abave dry storage shel 000-2: No conspicuous fented thermometer in hokdiny unit, All unite (0s 10-26-06 rn —_—— and Recipient: Wiltam Strein Tite Maneger Phone: 07 SZt 2900 SAR Form HR Su2HOO5 Jul 20 2007 12:36 arf2e/28e7 12:31 8584146749 DEPR OGA PAGE 8/11 Page 2 Lense Number STATE OF FLORTOA DEPARTMENT OF DUSTHESS AND PROFESSIONAL REGHLATION DIVISION OF HOTELS AND RESTAURANTS: EXHIBIT Hieanos sues wwwanyforida.com/dbpr Inspection Date (CALL RACH INSPECTION REPORT : ; 210726/08 L128 AM 904404 . . LEGAL ROTRCE Paltore to-commly with thie Notice may initiate am iedyhlalatrathrs conmptalet that mevy Peent i sagpenston of revocation of your Ncwte ond face. faRewing ttam(s) are in compliance: 1497-11 Obrerved eutting board groavedekted mid ire tonger cleansble. AR Rapest wetatiots. 2/24/06 2502-1: Unverapped single-setvice utooaiie nest presertted #0 t ‘anh handles ave: touched, Spoors, forks, inner, Repest volition: 2/24/05 SQ 10-2: Food Service Manager not certified after 90 days of émpliyiinit. inet report from LeterGrada TOA: Observed pinghe-service hema atnted on floor: Bax of paper cups onder circu® breaker, 2000 Quatemary ammenivm csnttger not at prapar minkeun streagth for manunt werewashing. ‘10Cppm eDiets ‘Observed Interior of reich In cooler aofed with aocummuiation of food renkdue. 51-28-41; No-copy of Intest inepection report, ‘DBPR Forttt HR Soz2-R5 Jul 20 2007 12:37 7/28/2687 12:31 8584146749 DEPR OGA PAGE 89/11 Page 1 STATE OF FLORIGA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OIVISION OF HOTELS SAND RESTAURANTS EX soa cao HIBIT B FQOD SERVICE INSPECTION REPORT LEGAL NOTICE Faliure ip comply wih file Notice may initiate on administrative camplnint thet may result In eusnansion or revocation Of your Hoense and fines. O77gbpe8 02:23 OM. Routine Bpb4a4es SEAT. Inspection Data and The inepection Rewear License Number MAITLAND FOOD, LLC Owner Name . 407 S22.-2888 GUIZNO'S SUBS Area Code/Telepnone Number Business Name a amar Nuonbar of Units Callback Date/Time License Expiration 851 SR 434 : ALTAMONTE SPRINGS, 32718 ‘Address / Chty / State (Zp / ate! a Cort, Fosd Managers | tam 20: Warewashing Sanitization Bane, cook fins, 44 Dagrete F. Poultry, cook Rng, 40 Dagreae F, Rosey ip eatPHP, cook ling, 41 agrees F. SrtedsPHE, cook ing, 4] Degrina F . Dalry products, conk tite, 43 Bagreea F. Bramgrevy, cook ling, 144 Cages F. Soupe-PHF, qook ling, 155 Degrads F, Pend tb a6t-PHE, conk fine, 148 Degrees F. Baer, walk + onote, 40 Dagresd F. Dalry peoducke, walk In cone, 41 Degrees F, Gommioutad meets, writ In cooler, 40 Degree F NOTE: heme marlard above with en asterisk (+) Indiceta « violation Inspector's Corriente - gloves, test kit, probes. [acknowledge reosipt of this Inspection form and comments. Staci Rage’ Co Chu tem 45; Fire Extinguishers ara Fire Kichen bas a cartitention date of 2/06 07-26-06 Date Signawre of Recipient Ingpector Signere Reciplent Patricia Reynotds For further Information plaaee contact: Tite PIC Cecilia Chie Sanitation And Fira Safety Specialist 400 W Robinson Phone 407 572 2908 950-487-4395 PHF TEMPERATURE CONTROL “09a Cold food at proper temperatures dutihg storage, “02-11 Cons on ra cooked avatars (NO | eh ar es Coreuimer advisory on Set arial wa {oad Foods properly cooled | __ (4 Faciities to maintain product temp erature: four [05 Thermommters pro ded and conspicuously placed ‘Violations marked with an aeertek are ciftical violations. home rerkeed INL ant Ir compllarict, Tre Pafied CUT ora violations ‘Specific datells of vidimion ect Tsted of DBPR Form HR Soz2-078 Jul 20 2007 12:37 arf2e/28e7 12:31 8584146749 DEPR OGA PAGE u Page 2 cense Nuthiber STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL reo} lcfl B { fu a o naset DIVISION OF HOTELS AND RESTAURANTS eNO'S SUBS we. iyfiodda.com/dbpt the r oe FOOD SERVICE INSPECTION REPORT O7/2606 02:21 PM LEGAL NOTICE FFeliure 10 comply with this Notca may iniiate an adminsestive complairt tial may rest in suspension orrevocetion of your Foensse nd fives, STATUS PHF TEMPERATURE GONTROL status _| GARBAGE AND REFUSE DISPOSAL lin _°07 Unwrapped or potentially hezardous foad not m-servedd 53 Contalners covered, adequate number, insect and nodent *0Ba Food protection during storage, prazarauon, display, roof, emptied at proper intervals, cian service, ranaportation 34 Quwide storage area clean, enclosure property in Fete Gar contamination, eupnant parent ogo damaged food segregated FOB Foods handled with minimum contact [tase Outer o 40 Inu food dlapansing utes eity stored STATUS 5 Floors properly constructed, clean, dmined, coved 7 Walls, ceilings, and attached equipment, constructed, "12 Proper hygienic praciices, saling/drinking’smaking be Rooms and equipment vantad as required OTHER AREAS fevidance) 40 Employae lockers prnvided and used, cesn HOOD EQUIPMENT AND UTENSILS 41a Toxic itams property stared 44 Food contact surfaces designed, constructed, "41 Toxde Items labeled and usedt prope maintained, instatiod, located” 42 Premises: maintained, tree of (Iter, unnecessary articles, 15 Non-Food contact surfaces designed), oonmructed, Jasning and maintenance equipment properly stored. maintained, installed, located tiehen restricted to authorized personel M16 Dishwashing facilities designed, constructed, operated 1, Waah 2. Rinse 3. Santize 45 Fire enctinguishers + proper and sufficient 47 Electrical witing - adequate, +50) Gument llcansa property displayed [5 Folse/misleading statements published or advertisad relating to food/beverage ant certification valle D8 Single secview arictes not re-tised WATER AND SEWAGE/PLUMBING "97 Water source sife, hot and cofd under prasaure Sewage and waste water dispose 29 Flumbing installed and maintained TOILET AND HANDWASHING FACILITIES ” Total Number of COS Violatlans: Total Number of Repeat Violations: 3 W399 Restrooms with setf-closing doors, fixtures operate properly, facility cash, supplied with handsoap, disposable towels or hand drying davicws, issue, covered waste Violations marked with on asteriek are crkical vrotatlone, [tern marked IN are in comphencn, Heme Marked OLIT are viektions, Specific details af vfolation ns Tsted ort subsequent paged. heme: markod N/A art: Not Applicable, flame Morked aa W/O ara Not Observed, and ware fin being canducted at the thie of inspection, QEPR Fom HR 5022-015: 1a/1l Jul 20 2007 12:37 arf2e/28e7 12:31 8584146749 DEPR OGA PAGE 11/11 Licones Number EXHIBIT p STATE OF FLORIDA SEAT 6904481 DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION Businags Name DIVISION OF HOTELS AND RESTAURANTS QUIZNO’S SU weew myflorida:.com/dipr f BS Inepection Date FOOD SERVICE INSPECTION REPORT O72506 02:21PM | LEGAL NOTICE : Failure to comply with thts Notica may Initiate an administrative complaint thal May resuft In euspanaion of evocation of your iariae and fires. Woringte): 4-28--Obperved establishment using sponges on closnad end canted, oF insta fooc-enntnch aurtece, 14-37-1:Obanrved cutting board gropvenipited and ne longer eleanabio, Al. Repeat Vielation. 22406 75.02-1-Linwmpped single-service uvonsiie not presented 90 thet only the hondieg are touched. Spoor, forks, knives. Plepeest Violation, 2724/08 aAc10-4s#00d Service Manager not oortiiod ater 80 clays of amplayinent, This violation rust be correc by : 10/2/08. S53B-08-1:No prod of requited employee taining provided. AB put food cervice establishments masst pravie the clfclon wil proof of ermpkayee training pon reewaet inctuding, but not fimnited id, 21 the Hine of any division Inspection of the establishment Pra ‘This violation must be corrected by : 10/26/06, 25.04. :-Coretved angi-eanoe thems #ored on floor, Box of paper cups under cirut breaker, 47-08--Dbeerved unuzed opening In panel box unprotected. Og A281 -Gheerved food etnredion foo, Wak In, walk in freezer. Repaet Victstion. 2ai08 38 10--Light net funciioning. Abave diy storage shetf 28-08 Quatmary amenonium senithvar net m proper minimurn strength for nsteuel warewrashing, 100a0m 09-09-(:No conaplevausly located thermometer in heieling uit, All unkz 2-28 1:Obeerved interior of renetian comer soled with accumutation of food needa, 6 1-18-7:No eppy of latest Inepactton report. DBPR Form HA SoZ 015

Docket for Case No: 07-003372