Jul 23 2008 14:17 7/23/2688 15:16 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE. ioense N POPEYES FRIED CHICKEN Hee 2010 Respondent. "Case No. 2008036827 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against POPEYES FRIED CHICKEN, (‘Respondent’), and says: 4, Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant ta Section 20.166 and Chapter 508, 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 2960 S 54 AVE, ST PETERSBURG, FLORIDA 33712.The mailing address of record is POPEYES FRIED CHICKEN, at 8200 BRYAN DAIRY RD, LARGO, FLORIDA 33777. ; : 3, Inspection of this establishment conducted pursuant to Sec, 609.032, 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 teference. WHEREFCRE, Petitioner respectfully requests entry of an Order imposing one or more of the following ~ penalties: administrative fine not to exceed $1 ,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsorad by the Department's Hospitality Education Program; 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. cen ee : Signed. June.26,.2008 ny 6 Se be Perez, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation , : re 1940 North Monroé Street Gertified:Article Number.) Tallahassee, Florida 32399-1007 an sarremmemmibi ae : FibO 330 9849 77S ele | CERTIFICATE OF SERVICE — 7 BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: §& ENDERS:RECORD. =.) \ | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2008. Received by: Inspector's Signature Operator's Signature a Tithe Title Case Number 2008036527 File Number: 142730 District Number: 03 License Number: 6214283 2010 Form ravised 07.07.07 POPEYES FRIED CHICKEN 63/66 Jul 23 2008 14:17 a7f2a/28ee 15:16 8584146749 DEPR OGA PAGE @4/@6 Exhibit A License Number: 6214283 License Type; 2010 PERMANENT FOOD SERVICE Case Number: 2008038527 . 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 44-3, Fire Prevention, General Provisions, Florida Administrative Gode, and 61C-1,004(5), Florida Administrative Code. . * denotes a critical violation. [tig alleged that on September 12, 2007, February 12, 2008, June 10, 2008 the licensee was in violation of Florida Statute 609(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (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. * 4,02-26-1 3302.12 FC:; FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD. WORKING CONTAINERS HOLDING FOOD OR FOOD INGREDIENTS THAT ARE REMOVED FROM THEIR ORIGINAL PACKAGES FOR USE IN THE FOOD ESTABLISHMENT, SUCH AS COOKING OILS, FLOUR, HERBS, POTATO FLAKES; SALT, SPICES, AND SUGAR SHALL BE IDENTIFIED WITH THE COMMON NAME OF THE FOOD EXCEPT THAT CONTAINERS HOLDING FOOD THAT CAN BE READILY AND UNMISTAKABLY RECOGNIZED SUCH AS DRY PASTA NEED NOT BE IDENTIFIED. WORKING CONTAINERS OF FOOD REMOVED FROM ORIGINAL CONTAINER NOT IDENTIFIED BY COMMON NAME. * 206-0981 4-204.112 FC: (A) IN A 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, GOLD 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, ‘ NO CONSPIGUOUSLY LOCATED THERMOMETER IN REACHIN COOLER, OBSERVED 2/12/08 AND 6/10/08, * 347-074 4302.14 FC: SANITIZING SOLUTIONS, TESTING DEVICES. A TEST KIT OR OTHER DEVICE THAT ACCURATELY MEASURES THE CONCENTRATION !N MILLIGRAMS PER LITER OF SANITIZING SOLUTIONS SHALL BE PROVIDED. NO CHEWICAL TEST KIT PROVIDED WHEN USING CHEMICAL SANITIZER AT THREE COMPARTMENT SINKAVAREWASHING MACHINE, OBSERVED 2/42/03 AND 6/10/08. * denotes critical violation District: 03 Case Number, 2008036527 License Type: 2010 License Number, 6214283 File Number: 142720 POPEYES FRIED CHICKEN Jul 23 2008 14:18 a7f2a/28ee 15:16 8584146749 DEPR OGA PAGE 85/86 Exhibit A © 434-121 5-205.11(B) FC: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED HANDWASH SINK USER FOR PURPOSES OTHER THAN HANDWASHING. OBSERVED BEING USED TO CLEAN UTENSILS ON 2/12/08 AND RICE IN SINK ON 6/10/08. * BA 32-18-1 6-301.14 FC AND 61C-1.004(2)(C) FAC: HANDWASHING SIGNAGE. A SIGN OR POSTER THAT NOTIFIED FOOD EMPLOYEES’ TO WASH THEIR HANDS SHALL BE POSTED AT ALL HANDWASHING LAVATORIES USED BY FOOD EMPLOYEES’ AND SHALL BE CLEARLY VISIBLE TO _ FOOD EMPLOYEES’. NO HANDWASH SIGN PROVIDED AT 4 HANDSINK USED BY FOOD EMPLOYEES. + 5B. 32-161 6-301.12 FG:: HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE TOWELS: (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A GLEAN TOWEL; OR (C) AHEATED-AIR HAND DRYING DEVICE. HANDWASH SINK LACKING PROPER HAND DRYING PROVISIONS. 8 38-071 6202.11 FC: LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN - PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE i$ EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS: OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND {2} THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB 80 THAT ONLY THE FACE OF THE BULB IS EXPOSED. ‘ . : LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS IN WALKIN COOLER, OBSERVED 9/12/07 AND 6/10/08. : * 780-081 §09.241(2) FS: (2) APPLICATION FOR LICENSE, EACH PERSON WHO PLANS TO OPEN A PUBLIC FOOD SERVICE ESTABLISHMENT SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO ‘THE-GOMMENGEMENT-OF-OPERATION: «nes 0 80 mn m ESTABLISHMENT OPERATING WITHOUT A CURRENT LICENSE, EXPIRED 2/1/08. OBSERVED 6/10/08. * denotes critical violation District a3 Case Number: 2008036527 License Type: 2010 Licange Number: 6214283 File Number, 142730 POPEYES FRIED CHICKEN

Docket for Case No: 08-003626