Sep 23 2010 15:41 ag/22/2818 1e:19 8584146749 DEPR OGA PAGE State of Florida Department of Business and Profassional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS License Number 1819217 SUBWAY #741 R dent License Type 2070 spon ; Case Number 2009061062 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Pettioner’y, files this Administrative Complaint agamst SUBWAY #741, ("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, Flonda Statutes 2 Respondent is, and has been at all tmes matenal hereto, licerlsed by or subject to the junsdicton of the Division of Hotels and Restaurants The respondent's business address of record is 1724 W HILLSBORO BLVD, DEERFIELD BCH, FLORIDA 33442 The mailing address of record is SUBWAY #741, at 6555 SOMERSET GIR, BOCA RATON, FLORIDA 33496-4021 : 3 Inspection of this establishment conducted pursuant to Sec. 509 032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and f or thelrules Promulgated thereto governing operation of the establishment ‘The violatian(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 herem by reference WHEREFORE, Petitioner respectfully requests entry of an Order Imposing one or more of the fallowing 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 authored by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed December 04, 2009 aAs aa Ken Buck, District 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 Flortda 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: | HEREBY CERTIFY that a true and correct cay of the foregoing POMINISTRATIVE COMPLAINT has been 9 hand served by me on this day of , 200! ey Received by Inspector's Signature Gperator's Signature Title Title Gase Number 20090681062 File Number 106179 District Number 62 License Number 1619217 2010 Form revised 10 1509 SUBWAY #741 a3/@5 Sep 23 2010 15:41 ag/22/2818 1e:19 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 1619217 License Type 2010 PERMANENT FOOD SERVICE Case Number: 2009061082 “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Foad and Orug Administration, incerporated| by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the Nationa! Fire Protection Association Lifa Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1 004(5), Flonda Administrative Code “" denotes a critical violation Its alleged that on May 4, 2009, October 21, 2009 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida|Admurustrative Code (FAC), In the following particulars Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 1,03A-07-1 3-501 16(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 (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 DEGREES FAHRENHEIT GR 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 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, 4. OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT..HAM. B. OBSERVED POTENTIALLY HAZARDOUS FOOD COLO HELD AT GREATER THAN 41 DEGREES FAHRENHEIT...PORTIONED CHICKEN, C. OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT...CHIGKEN BREAST. D. OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT...SALAMI. E. OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT...TURKEY BREAST. * 2 04-01-1 4-301 11FG COOLING, HEATING, AND HOLOING CAPACITIES. EQUIPMENT FOR COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. OBSERVED GOLD HOLDING EQUIPMENT INCAPABLE OF MAINTAINING POTENTIALLY HAZARDOUS FOOD AT THE PROPER TEMPERATURES...FRONT COUNTER|REAGH-IN COOLER. Case Number 2008061062 File Number 706179 Distrat Number 02 Licensa Number 1619217 2010 Form revised 10 15 09 SUBWAY #741 f

Docket for Case No: 10-009286