Oct 7 2009 9:14 18/86/2083 83:55 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, vs License No 1621078 SUBWAY #31743 License Type 2010 Respondent Case No 2008066537 ee DMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this ‘Admunstrative Complaint against SUBWAY #31743, ("Respondent’), and says 4 Pettoner 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 ts, and has been at all times material hereto, heansed by or subject to the jurisdiction of the Bison of Hotels and Restaurants The respondent's business address of record is 7382 W ATLANTIC BLVD, MARGATE, FLORIDA 33063 The mailing address of record is SUBWAY #31743, at 400 N PINE ISLAND RD STE 300, PLANTATION, FLORIDA 33324 3 Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Flonda Statutes, and / or the rules promulgated thereto governing aperation of the establishment The vidlatian(s) found and applicable law are described mm 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 af 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 sponsored by the Department's Hospitality Education Program, suspension, revocation, of refusal of a license issued pursuant to ths Chapter, and/or any other relef authonzed by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed December 11, 2008 Ken Buck, Distiet Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE BEPARTMENT Charles F Tunnuchff, Lead Attorney Flonda 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: —————_— | 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 i Title: Title Gase Number 2008060537 File Number 192805 Oistriet Number 02 License Number 1621076 2010 Form revised Q7 19 07 SUBWAY #31743 83/26 Oct 7 2009 9:14 1a’ 6/2889 3255 8584146749 DEPR OGA PAGE Exhibit A License Number: 1621076 License Type 2010 PERMANENT FOOD SERVICE Case Number. 2008066537 "EC" as cited herein references specific provisions of the Food Code, Recommendatons 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 Administratve Code, and 61C-1 004(5), Florida Administrative Code “4 denotes a ortical violation. itis alleged that on July 28, 2008, November 19, 2008 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Admmistrative Code (FAC), in the following particulars Copy(s) of the report(s) for the above referenced inspectian(s) are attached hereto and incorporated by reference as Exhibit B * 4,03A-07-1 3-501 16(A} FO" (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME |S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501 19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1)AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPEGIFIED IN PARAGRAPH 3-401 11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD GOLD HELD AT GREATER THAN FORTY-ONE (41) DEGREES FAH RENHEIT....PORTIONED STEAK AT THE FRONT COUNTER. Case Number 2008086537 — File Number 182808 Distnct Number 02 Lieanse Number 1621076 2010 Form revised 07 19 07 SUBWAY #31743 a4/26

Docket for Case No: 09-005460