Jan 5 2010 14:26 @l/ad/281e 8g:ae 8584146749 DEPR OGA State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS. SCHLOTZSKYS DEL! License Number. 1102733 Respondent, icense Type 2010 / Case Number 2009045319 Administrativa Complaint the DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SCHLOTZSKYS DELI, (‘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 hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 4720 NW 39 AVE, GAINESVILLE, FLORIDA 32806. The mailing address of record is SCHLOTZSKYS DELI, at 4001 NEWBERRY RD STE B3-3, GAINESVILLE, FLORIDA 32607. 3. Inspection of this establishment conducted pursuant to See. 509.032, Florida Statutes, revealed viol 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 “4, attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibi incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following tions “Br, penalties: administrative fine not to exceed $1,000 per offense, 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 therete. Signed August 26, 2009 A Stevenvon Bodungen, Disiriét Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160.39°01 9845 7126 4119 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT hag been hand served by me on this day of 2008. Received by: Inspector's Signature Operator's Signature Title Title Casa Number! 2009045219 File Number: 99342 istrict Number; 05 Form ravised 07.15.09 License Number: 1102733 2010 SCHLOTZSKYS DELI PAGE 83/14 Jan 3 2010 14:26 @l/ad/281e 8g:ae 8584146749 DEPR OGA PAGE @4/1a Exhibit A License Number: 1102733 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008045319 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 Administrati Code. NFPA as cited herein references specific provigians of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and 61G-1.004(5), Florida Administrative Code. o * denotes a critical viatation. Itis alleged that on May 17, 2009, July 15, 2009 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 hereto and incorporated by reference as Exhibit B, . © 4.02-07-1 3-501.17(B) FC (B) EXGEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ANG PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER {5 OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD |S HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER IS OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 4; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXGEED A MANUFACTURER|S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY-TO-EAT POTENTIALLY HAZARDOUS FOOD HELD MORE Thad 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. TUNA SALAD, CHICKEN, PEPPERCNI. * 2. 03A-07-1 3-SO146(A}FC: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-501/19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (8) 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 SPECIFIED IN PARAGRAPH 3-401.11(B) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-403, 11(E) MAY BE HELD AT A TEMPERATURE OF 180 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 4+ DEGREES FAHRENHEIT OR LESS; OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F IN TOP AND BOTTOM OF REAGHIN COOLER, HAM 47°F, TURKEY 47°F, ROAST BEEF 45°F - 50°F, SALAM 45°F AND CHIGKEN 50°F. *304-01-1 4-301.11 FC: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT | NUMBER AND GAPACITY TO PROVIDE FOOD TEMPERATURES 4S SPECIFIED UNDER CHAPEL 3. OBSERVED COLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT PROPER TEMPERATURE. REACHIN COOLER. + 4:08A-29-1 3-302.11(A)(4) FC (A) FOOD SHALL BE PROTECTED FROM GROSS CONTAMINATION BY: (4) STORING THE FOOD IN PACKAGES, COVERED CONTAINERS, OR WRAPPINGS; OBSERVED UNCOVERED BREAD STORED ON SHELVES IN KITCHEN. * danotes critical violation District: 05 Case Number: 2009045319 License Type: 2010 License Number: 1102733 File Number: 99312 SCHLOTZSKYS DELI Jan 3 2010 14:26 81/84/28 : 16 89:86 8584146749 DEPR OGA PAGE 85/16 Exhibit A 524-121 3-304,14(B)(2) FC: (8) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11(0), STORED IN A CHEMICAL SANITIZER ATA CONCENTRATION SPECIFIED IN SECTION 4-501.114, AND USED FOR WIPING SPILLS FROM FOOO-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT, OBSERVED WET WIPING CLOTH NOT STORED IN SANITIZING SOLUTION BETWEEN USAGE, * 6.22-92-1 4.601.11(A)FC: EQUIPMENT FOQD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED ENCRUSTED MATERIAL ON GAN OPENER. RUST AND SHAVINGS. + 99.97-1 4-801.11(A} FC: EQUIPMENT FOOR-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. OBSERVED FOOD CONTACT SURFACES ENCRUSTED WITH GREASE AND OR SOIL DEPOSITS, BREAD RACKS. ‘ * denotes critical violation District: 05 Case Number: 2009045319 License Type: 2010 License Number: 1102733 File Number: 99312 SCHLOTZSKYS DELI

Docket for Case No: 10-000046