State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. Li Number 5811175 FAMOUS PHILS CHEESESTEAKS License Type 2010 Respondent, Case Number 2013004751 . : ' Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against FAMOUS PHILS CHEESESTEAKS, (“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 7542 UNIVERSITY BLVD, WINTER PARK, FLORIDA 32792.The mailing address of record is FAMOUS PHILS CHEESESTEAKS, at 7542 UNIVERSITY BLVD, WINTER PARK, FLORIDA 32792 3. Inspection of this establishment conducted pursuant to Sec. 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 is 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 $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 thereto. Signed February 05, 2013 2 Valerie Freeman, 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 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been: hand served by me on this. day of , 2013. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2013004751 File Number: 220564 . District Number: 04 License Number: 5811175 2010 Form revised 01.01.13 FAMOUS PHILS CHEESESTEAKS Exhibit A License Number: 5811175 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013004751 It is alleged that on January 28, 2013 Respondent was In violation of Florida Statute 509 (FS); the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC); and/or specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, as incorporated by Chapter 61C, 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. * denotes a high priority violation. * denotes an intermediate priority violation. ** 4,.28-26-4 5-402.13FC High Priority: Sewage shall be conveyed to the point of disposal through'‘an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law. Observed sewage/wastewater backing up through the floor drains. The owner was observed standing in a puddle of wastewater that was backing up from the floor drain while he was cooking at the front | counter_cookline The_puddle.was.about-five-feet-across.—Additionally,-wastewater-was-backing-up from the floor drain in front of the reach-in cooler in the rear prep area. The puddle was approximately eight inches across, ’ Case Number: 2013004751 — File Number: 220564 District Number: 04 License Number: 5811175 2010 Form revised 01.01.13 FAMOUS PHILS CHEESESTEAKS

Docket for Case No: 13-001437