Nov 3 2008 15:18 _lives/2e08 16:17 8sesz1g186 EPR PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, . VS. : License No, 6215688 QUAKER STEAK & LUBE : License Typ 2010 Respondent. Case No, 2008047076 ADMINISTRATIVE GOMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), flles this Administrative Complaint against QUAKER STEAK & LUBE, (‘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 hareto, lcensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record Is 10400 49TH ST, PINELLAS PARK, FLORIDA 33762,The mailing address of record is QUAKER STEAK & LUBE, at P.O. BOX 961, 101 SANCTUARY DRIVE , CRYSTAL BEACH, FLORIDA 34681, 3. Inspection of this establishment conducted pursuant to Sac. 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 $4,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Charjér, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated t Signed August 25, 20 Daniel Erdman, Deputy 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 1940 North Monroe Street Tallahassee, Florida 32398-1007 CERTIFIGATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: hi [HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this___s day of , 2008. Received by: Inspector's Signature Operator's Signature Title Te Case Number: 2008047078 File Number; 173599 . District Number: License Number: 6215688 2010 " Form revised 07.07.07 QUAKER STEAK & LUBE, a4/o9 Nov 3 2008 15:18 11/@3/2688 16:17 8589219186 DEPR PAGE Exhibit A License Number: 6215688 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008047076 “FC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Servicé, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. "NFPA" as citéd 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 616-1.004(5), Florida Administrative Code. “" denotes a critical violation, itis alleged that on August 21, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rulas of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following particulars. Copy(s) of the raport{s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4. 35A-05-1 6-501.111 FO:: CONTROLLING PESTS, THE PRESENCE OF INSECTS, RODENTS, AND OTHER PESTS SHALL BE CONTROLLED TO MINIMIZE THEIR PRESENCE ON THE PREMISES BY: (A) ROUTINELY INSPECTING INCOMING SHIPMENTS OF FOOD AND SUPPLIES; (B) ROUTINELY INSPECTING THE PREMISES FOR EVIDENCE OF PESTS: (C) USING METHODS, IF PESTS ARE FOUND, SUCH AS TRAPPING DEVICES OR OTHER MEANS OF PEST CONTROL AS SPECIFIED UNDER SECTIONS 7-202. 12, 7-208.12, AND 7-206.13; AND (D) ELIMINATING HARBORAGE CONDITIONS, A. OBSERVED ROACH ACTIVITY AS EVIDENCED BY LIVE ROAGHES FOUND; APPROXIIMATELY 4-6 FOUND BEHIND A REACHIN COOLER, 7 IN DINING ROOM CABINETS, 1 IN A BASKET AT SERVER COMPUTER STATION AND 3-ON WALL UNDER DISHWASH MACHINE. B. OBSERVED DEAD ROACHES ON PREMISES. — Case Number: 2008047076 File Number: 174598 Distri : License Number: 6215688 2010 Pom tevieed 07.07.07 QUAKER STEAK & LUBE - 65/69 Nov 3 2008 15:18 1l/ag/28ee 16:17 8589219186 DEPR PAGE 86/a9 EXHIBIT £_ STATE OF FLORIDA . qe 1ot4 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FOLLOW-UP INSPECTION REQUIRED ee crab comiekoin oT AURANTS ; Inspector racommendad aparations stap : until violations corrected. FOOD SERVICE INSPECTION REPORT] 1 GAL NOTICE Fallura to comply with thls Notice may initiate an administrative complaint that may result ln suspension or revocation of your license and fines. 08/21/08 09:58 AM Comptatnt Full G215688 SEAT. Inspection Date and Tima Inspection Reason License Number QUAKER AMERICAN LLC Owner Neme EMERGENCY ORDER of suspension of Ic 727-781-8745 QUAKER STEAK & LUBE Area Code/Telephane Number Business Name Inapection Result 378. . 8/22/2008 10:00 O1-FEB-09 Number of Units Callback Date/Time - License Expiration 10400 49TH ST PINELLAS PARK, 33762 Address / Clty / State / Zip / ate. , ; tam Sa: Cart, Faod Managers Itom 20: Warewashing Sanitization | Itam 45: Fire Extinguishers and Fire tiem 03: Food Temperatures A Close ABC ype Fire Extingulahtr, found In/at Ittehen hae a seriificalion dota of 01-08 Brel, walk In cooler, 41 Deproas F. Dalry procucta, walk in cooler, 41 Dograae F. Geel, cook ling. 44 Depress F. Bniry products, crank (Ino, 42 Grgraen F, Baaa!, cook fina, 42 Dagrana F, Poullry, 200k line, 43 Cegrana F, ‘Soupia-PPIF, prep ated, 760 Deprean F. chicken winge, bulfel Ina, 196 Qagraos F, Pont fooda, buffnt tina, 442 Dagrags F, Manager Name: Patricia Redmond Cortification Date: 2-18-07 Certified | Sanitizing Temperature is 160 by: National Ragistry of Food Sefety | Degrees Faranhalt. : \ Profeselonals NOTE: lene marked above with an astatisk (*) Indicate a viclatton inspectors Comments ote:complaint number’ 2008045893 Note: Restaurant has allgard pest last servies 8-14-08, Rentokil new past conriol company es of 8-19-08 will arvies tonight, Nate: gaa hat water heater In Up etalrs storage 240000 btus. Exiblt A Employees trained by Florida Reatauyant Association No oller On Site. Tacknowledge receipt of thie inspection form and comments. we ES fms fm Date Signature of Recipient Inapentar Signature Far further Information please contact: Reeiptant; Bill Church Title Operator Lindsay Porter . Sanitation & Safety Spactallat 3725 W Grace St, 620 Phone: 727-572-9484 ; 850-487-1895 : STATUS SOURCE STATUS PHF TEMPERATURE CONTROL In *01a Approved source In . | "08a Cold food at proper temperatures durlng storage, ih *O1b Whelesoma, sound condition dleplay, service, Out £02 Original contalner; property labeled, date marking In *Oab Hot food at propor temperature [WA “02-11 Consumer advisory on ray/undarenoked oysters [W/O | "036 Foods properly conked/raheated In “02-13 Consumer advisory on raw/indercooked animal in 02d Foods properly cooled : "04 Feotiities to maintain product temperature *O5 Thermomaters provided and conapleuoualy pimcad 06 Potentially hazardous foods properly thawed Violations marked with an asterisk are critical violations, Hems marked IN are In compliance. Items Marked OUT are Malatlons. Specific datalis of violation me listed an Subsequent pages, flere markad AVA are Not Applicable. tlams Marked a& NIO are Nol Observed, anc wera net belng condueted af the time of Inspection. DBPR Form HR 5022-016 Nov 3 2008 15:19 1l/ag/28ee 16:17 8589219186 DEPR PAGE @7/ag ne / EXHIbt B Pege 20f4 License Number STATE OF FLORIDA SEAT 6215688 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS www. myflarida.com/dbpr QUAKER STEAK & LUBE FOOD SERVICE INSPECTION REPORT Inspection Date LEGAL NOTICE 08/21/08 09:58 AM Fallura to comply with thle Notica may Initlate an adminietrative complaint that may resultin suspension or revocation of your fleenge and fines, STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL In 07 Unwrapped or potentially hazardous food not reserved 33 Contatners covered, adequate number, Insast and rodent! Out 08a Food protection during storage, preparation, display, proof, empticd at proper Intervals, clean service, transportation a4 Outside storage area clean, ancloaure properly i . constructed! . : In FO8b Crase-contamination, equipment, pareannal, storage “O8e Potential for crass-contamination; storaga practicaa: = 1 damaged food seqragated ‘Out *36a Prosonce of insects/rodents. Animals prohibited Out Pog Foods handed with minimum conteat Y35b Outer obonings protected from insects, rodent proot Out 40 In use food dispensing utensils properly sored STATUS | _ FLOORS, WALLS, CEILINGS STATUS PERSONNEL 36 Floors properly constructed, claan, crsined, caved tn: 1 1_Personnal with infections rastricted 37 Walls, cellings, and attachad equipment, constructed, clean Out “12a Hends washed and clean, good hygiene practices (observed), alternative operating plan : 38 Lighting pravided 8s required, Fixtures sneced “| In 126 Proper hyglenie practicas, eating/drinking/smoking 39 Rooms and equipment - vented as required! (evidence) STATUS OTHER AREAS 40 Employes lockers provider! and used, clean 43 Clean clothes, hair rastralnts FOOD EQUIPMENT AND UTENSILS In "dia Toxlg Itema properly stored 14 Food contact surfaces designed, constructed, In *4ib Towle tama labeled and used proper! maintained, installed, focatedi 42 Premises malntained, froo of litter, unnecessary articles, Cleaning and maintenance equipment properly stored, Kitchen restricted to authorized personnal STATUS 45 Non-feod contact surfaces designed, constructed, maintained, Installed, located r "16 Dishwashing facilities designed, constructed, operated 43 Complete separation from living/sleeping sree, laundry 7. Wash 2. Rinse 3, Santtize 44 Clean and soiled linen segregated and properly stored 17 Thermomoters, gauges, test kits provided STATUS SAFETY 18 Pre-flushed oad sopked 45 Fire extinguishers = proper and sufficlent 49 Wash, tinge waler clean, proper temperature PAG Exiting system - adequate, good rapeir "208 Senitizing concentration "47 Electrical wiring - adgquate, good repalr *20b Sanitizing temperature "48 Gas appliances - properly installed, maintatnid Out 21 Wiping cloths clean, usad properly, stored 49 Flammable/combustinte materiats ~ properly stored! ‘Out "22 Food contact surfaces of equipment and utensits claan_| STATUS GENERAL Out 23 Non-food contect surfaces claan M50 Current license properly displayed 24 Storage/handiing of clean equipment, utensils + Out 51 Other conditions sanitary anc safe operation . L_STATUS SINGLE SERVICE ARTICLES "52 False/mislonding statements published or advertised Our 25 Service items properly stored, handled, dispensed relating te food/beverage 26 Single service articlas not re-used 33a Food management certification valld STATUS WATER AND SEWAGE/ELUMBING in 53b Employee tralning validation. "27 Water source safe, hot and ald under pressure 64 Florida Glean Indoor Air Act “28 Sewage and waste water disposed rope 56 Auiomatle Gratully Notice \ 29 Plumbing installed and maintained 5G Copy of Chapter $09, Elorida Statutes, avallable "30 Cross-connoction, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES 87 Hospitality Education Program Information provided 2 *31 Tollet and handwashing facilities, number, convenient, dealaned, Installed Tatel Number of COS Violet ee LL al oO St In. *32 Restrootne with self-closing doors, fixtures operate asumaet Tolatton properly, facitty clean, supplied with handsoap, disposable ‘Total Number of Repeat Violations: towels or hand drylng devices, tissue, covered waste Violallons marked with on asterisk are critical violations, tems marked !N ate in complianes, Items Marked OUT are violations, Specttic details of viotatton are fisted on Subsequent pages, lems marked N/A are Not Applicable, ems Marked as NiO are Net Observed, anc wore not belng conducted at the te of Inspection. . 1 DBPR Form HR 6022-015 Nov 3 2008 15:19 11/63/2668 16:17 | 8589219186 ; DEPR PAGE 88/89 Dib Ba, License Number STATE OF FLORIDA SEAT 6215688 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Businegs Name ND RESTAURANTS DIVISION OF vnylorita com apr QUAKER STEAK & LUBE Inspection Date FOOD SERVICE INSPECTION REPORT 08/21/08 09:58 AM NOTICE Al : Fallura to comply with this Notice may Initiate an administrative complaint that may resutt In suepenelon or revocatian of your llcanee and fines. Violatlon(s): 10-04-"{:{n-use utenell for noripotentlally hazardous food Hotatered tha cleat, protected location, Ie scoop on top of ica machine. 09-044 :;Observed Improper use of bowl/plastic food container or olher container with no handle uged to dlapenge ready-to-eat food. In ute food containers moor stave, 02-26-1;Warking contninars of fond remeved from orginal container jot identified by cammen name, bulk fond containers noar stove, DRA-RR-1;Obsarvad food stared on floor, boxes of chicken In walk In freezer, 21-12-1: Wet wiplng cloth not storad fn sanitizing solutlon between uges.+ 35A-05-1:Ohearved ronen nelivity as evidenced by live roaches found approximetaly 4-6 adult garman roaches found behind unvrod raseh in cooler neer drive through wine, : ‘ 26-05-4:Cbearved singin-servica arileles Improperly stored. stored on for In window eervice area, 10-04-1:In-Lise ulens!l for nenpatentially hazardous food nol storad Ine clean, protected lnention, tangs far chips on service IIn. 954-08-1:Observed live flies In kiichen. smal! Mas around soda machitie, 35A-08-1:Obrarved Ive files In servies area near dining room Sede machine. 2224-7 :Obsarved buildup of slime end mold on backaplash of sade meeine nen dining room, 35A-03-7;Obgarved 3 dead roaches on premises, in sop dispansors noar service area hend washing sink. 964-03-1:Obgerveds-8deod rosehes an premised. Maar cempular (n sorvies area, : 23-08-4:Obsarved soda gun holster with secumuatnd slimafdebris, in outside ber aren, S5A-03-1:Obsarved dead roaches on premises. Spproxinately os Jn cabinet in bar area, 354-054 :;Qbserved roach activity as avidencad ty We roaches found approximately 2 adull german resehos In storage cabinet In dining roam, 3GA-05-T:Observed roach activity ag evidenced by [ive roaches found approximnialy 3 adult and 2 baby german roaches In cabinat near bar aa in dining roar, 35/-O5~1:Observed roach sotivity as evidenced by "ve roaches found, 1 slow Moving garman roach fotth In a baskat at sarver compitter statlon, OBPR Form HR 6022-015 Nov 3 2008 15:19 11/63/2888 16:17 9589219196 DEPR PAGE @9/a9 Page 4 of4 STATE OF FLORIDA HT A ert 5688 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a1 ace name PIVISION oF HOTELS AND RESTAURANTS SRN EPEAC 8 LURE Inepecton Date FOOD SERVICE INSPECTION REPORT . LEGAL NOTICE 08/21/08 09:58 AM Fallure to comply with this Notice may Inflate an adminletrative complalnit thet may result In susponelan or revocation of your tlcanse and finas. S8A-08e4 :Gbsarvad roach activity ag evidenced by live roaches found 4 adult german roaches on wall under dish machine. 61-11+1:Carbon dloxida/hallum tanke not adequately aecurnd, In storage room, 12A-22-1:Observed food amployee teuching randy-to-eat food with (halt Hare bards dad (ha astabllehment hes no approved Afteralive Operating Procedure, emplayed touching chips with bare hands. DBPR Form HR 8022-015

Docket for Case No: 08-005490