Sep 5 2008 9:12 ag/@5/28ee 1a:18 8584146749 . DEPR OGA PAGE 83/87 STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. POPEYES CHICKEN 4008 eoree woe ot Respondent. Case No. 2008040822 / ADMINISTRATIVE. COMPLAINT. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner"), files this Administrative Complaint against POPEYES CHICKEN 4003, ("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 Statutas. 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 3210 CENTRAL AVE, ST PETERSBURG, FLORIDA 33712. The malling address of record is POPEYES CHICKEN 4003, at 8200 BRYAN DAIRY RD, LARGO, FLORIDA 33777. 3. Inspection of this establishment conducted pursuant to Sec. 509.092, Florida Statutes, revealed violations of the provisions of Chapter 809, 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 referance. 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; mandatory attendance at Respondent's expense at an educational programm sponsored by the Department's Hospitality Education Program, suspension, ravocation, or refusal of a flcense Issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed July 21, 2008 Joe Perez, Disinict Manager By delegation of the Director, or d Division of Hotels & Restaurants Department of Business & Professional Regulation ignee 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 Ib 290L Wass Sea2 S047 | CERTIFICATE OF SERVIGE : Tn eh an os BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: “QieasthiahelbeRiaheicaBlod | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by. me on this day of , 2008, ‘Certified Article Number : Received by; inspector's Signature Operator's Signature Title Title Case Number: 2008040822 File Number: 142376 District Numbar: 03 License Number: 6213850 2010 Form revised 07.07.07 POPEYES CHICKEN 4003 Sep 5 2008 9:12 ag/@5/28ee 1a:18 8584146749 DEPR OGA PAGE Exhibit A License Number: 6213850 - License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008040822 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 Cade, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61C-1,004{5), Florida Administrative Code. * denotes a critical violation. itis allaged thaton April 17, 2008, June 17, 2008 the licensee was in violation of Florida Statute 509(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 harete and ‘ incorporated by reference as Exhibit B. * 4.05081 4-204.1412 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 IS 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 CONSPICUQUSLY LOCATED THERMOMETER IN HOLDING UNIT NEAR DEEP FAT FRYERS. 2. 14-33-1 4-501.11 FG: GOOD REPAIR AND PROPER ADJUSTMENT, (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, : FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS. (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER IS OPENED. OBSERVED EQUIPMENT IN POOR REPAIR; REAGHIN COOLER DOOR UNABLE TO CLOSE NEAR BISCUIT COOLER. * 3.22-28-1 4-601.17(A) FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE GLEAN TO SIGHT AND TOUCH, OBSERVED INTERIOR OF REACHIN COOLER SOILED WITH AGGUMULATION OF FOOD RESIDUE NEAR DEEP FAT FRYERS. * denotes critical violation District 03 Case Number: 2008040822 . License Type: 2010 License Number. 6213850 File Number: 142376 POPEYES CHICKEN 4003 ad/ay Sep 5 2008 9:13 ag/@5/28ee 1a:18 8584146749 DEPR OGA PAGE 85/87 Exhibit A 4, 23-06-1 4-601.17(C)FC:: (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. A, OBSERVED BUILDUP OF FOOD DEBRIS, DUST OR DIRT ON SHELVING IN WALKIN COOLER. B. OBSERVED BUILDUP OF MOLD-LIKE SUBSTANCE ON GASKETS OF.WALKIN COOLER, * 6A. 32-16-1 6-301.12FC:: 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 CLEAN TOWEL; OR (C) A HEATED-AIR HAND DRYING DEVICE, HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS; NEAR WALKIN FREEZER. HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS; NEAR DRIVE THRU WINDOW. * 5B. 32-15-41 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 HANDWASHING SIGN PROVIDED AT A HANDSINK USED BY FOOD EMPLOYEES ; NEAR DRIVE THRU WINDOW. 6. 36-15-1 G-501.12(A) FC: (A) CLEANING, FREQUENCY AND RESTRICTIONS. THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN. AS NECESSARY TO KEEP THEM CLEAN. OBSERVED FOOD DEBRIS ACCUMULATED ON WALKIN COOLER FLOOR. 7, 38-07-1 6-202.11 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 [S$ EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. (8) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE SED 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 SO THAT ONLY THE FACE OF THE BULB IS EXPOSED. A. LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS; NEAR BACK DOOR. B. LIGHTS MISSING THE PROPER SHIELD, SLEEVE COATINGS OR COVERS IN WALKIN COOLER. * 8534-001 610-4.023(1) FAC: (1) WHEN FOUR OR MORE EMPLOYEES’, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES' ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. : NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION, * denotes critical violation , District: 03 Case Number. 2008040822 License Type: 2010 Lleense Number: 6213850 File Number: 142376 POPEYES CHICKEN 4003 Sep 5 2008 9:13 9/@5/2688 16:18 8584146749 DEPR OGA PAGE 86/87 CERTIFICATE OF SERVICE i i i ¥, B g E Pe BES 3 . 2 fe Ane a ; a i) be Ga x ' iow a.m .€f ¢ 2H : ou See ae ZF 5 im Z2>5 #2 BBz 3 | oy op fs ff a , ota #2. 888 gl oo wn eor @F o50 fy ge a G20 S38 8 Bal ma Hf aij 8! | | 8] s| 8) & & ge Be r Osh aed a z » gts By Use 0 a eB oases 68 UVM fae pl Poss @ @ Fo ies fe 3 PE Une [88a iu = a & EEE Go Fe COMPLETE THIS SECTION ON DELIVERY ele a Print Glaarly) “2 Artioia Number B. Date of Dalivary i oh { tet AO Ck i, 71bD 32501 W845 S232 $013 o. Ty aablany aasioes deers tom tet You i . ICYES, anter delivery acdresa below: (Cine . Serves Type CERTIFIED MAIL ; 4, Peatrictad Delivery? (Extra Fee) Yes ; . PW Allele Addressed to: : H t i TMP ING : ' POPEYES CHICKEN 4003 og 8200 BRYAN DAIRY RD . i LARGO, FLORIDA 33777 1 ; j . Lic, No. 6213850 2010 Case No, 2008040822 ' H co 1 PS Form 381 7, January 2005 Domestlo Retumn Aacaipt — Case Number; 2008040822 File Number, 142376 , District Number: 03 License Number: 6213850 2010 Form ravised 07.07.07 POPEYES CHICKEN 4003

Docket for Case No: 08-004395