6) re | State of Florida Department of Business and Professional Regulation Diviston of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION : Petitioner, vs. License Number 5812308 _ DELANEY PARK. SANDWICH co License Type 2010 espon ha Case Number 2013022258 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against DELANEY PARK SANDWICH CO, (‘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 419 E MICHIGAN ST, ORLANDO, FLORIDA 32806.The mailing address of record is DELANEY PARK SANDWICH co, at 419 EAST MICHIGAN ST, ORLANDO, FLORIDA 32806. 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 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 ee entry of an Order imposing one or more of the following - ida.Statutes, or the he Angela Conaghat rules promulgated thereto. Signed May 23, 2013 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. dayof__. , 2013. - , Received by: : Inspector's Signature Operator's Signature Title Title Case Number: 2013022258 File Number: 255866 District Number: 04 License Number: 5812308 2010 Form revised 01,01.13 DELANEY PARK SANDWICH CO Exhibit A License Number: 5812308 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2013022258 It is alleged that on January 29, 2013, May 9, 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. 41. 35B-03-4 6-202,15 FC . Basic: (A) Outer openings of a food establishment shall be protected against the entry of insects and rodents by: (1) Filling or closing holes and other gaps; (2) Closed, tight-fitting windows; and (3) Solid, self-closing, tight-fitting doors. (C) Exterior doors used as exits need not be self-closing if they are: (1) Solid and tight-fitting; (2) Designated for use only when an emergency exists; and (3) Limited-use so they are not used for entrance or exit from the building for purposes other than for emergencies. (D) If the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes or a temporary food establishment is not provided.with windows and doors, the openings shall be protected against the entry of insects and rodents by: (1) 16 mesh to 1 inch screens; (2) Properly designed and installed air curtains to control flying insects; or (3) Other effective means. There was no self closer on the back door to protect the outer openings. — * 2.53A-01-4 509.039-FS Intermediate: All public food service establishments must provide the division with proof of food service manager certification upon request, including, but not limited to, at the time of any division inspection of the establishment. No proof of food manager certification was provided. * 3.53B-01-4 509.049(5) FS Intermediate: It shall be the duty of each public food service establishment to provide training in accordance with the described rule to all food service employees of the public food service establishment. The public food service establishment may designate any certified food service manager to perform this function. Food service employees must receive certification within 60 days after employment. Certification pursuant to this section shall remain valid for 3 years. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Proof of training for each food service employee shall include the name of the trained employee, the date of birth of the trained employee, the date the training occurred, and the approved food safety training program used. , No proof of required state approved employee food handler training was provided for any employee. Case Number: 2013022258 File Number: 255866 : District Number: 04 License Number: 5812308 2010 Form revised 01.01.13 DELANEY PARK SANDWICH CO

Docket for Case No: 13-002953