Jul 23 2005 16:45 07/28/2885 16:42 8504146749 DBPR OGA PAGE 84/27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND Co PROFESSIONAL REGULATION - Petitioner, > - a | Dy) vs. License No. 2000925 HUNGRY HOWIES Piazn & SUBS License Type 2010 Permanent Food Service espon a Case No. 2005022633 DMINI COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against HUNGRY HOWIES PIZZA & SUBS, (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public foad 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 1101 BLANDING BLVD #112, ORANGE PARK, FLORIDA 32065.The mailing address of record is HUNGRY HOWIES PIZZA & SUBS, at PO BOX 30115, DRS INLET, FLORIDA 32030. 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 "8", 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; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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 April 21, 2005 Steve VonBodungen, District — By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida 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: 7160 3801 9848 9296 6983 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2005 Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005022633 Form revised 04 10.05 Pi ent Food Service ‘ Licence Humber 2oouge8. emverees HUNGRY HOWIES PIZZA & SUBS Jul 28 2005 16:45 07/28/2005 16:42 8584146749 DBPR OGA PAGE 85/27 License Number: 2000925 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005022633 Exhibit A “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 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 Administrative Code, and 61C-1,004(5), Florida Administrative Code. Itis alleged that on February 11, 2005 and March 17, 2005 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. Capy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 1.35B-03 6-202.15FC OUTER OPENINGS, PROTECTED. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, 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 ALONG FLOORS, WALLS AND CEILINGS; (2) CLOSED, TIGHT-FITTING WINDOWS; AND (3) SOLID SELF-CLOSING, TIGHT-FITTING DOORS. (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF A FOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS. (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, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURISDICTION OVER THE FOOD ESTABLISHMENT; AND (3) RESTRICTED SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE. (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND (E) OF THIS SECTION, 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 AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, 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; OR (3) OTHER EFFECTIVE MEANS. (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IF FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION. OBSERVED REAR EXIT DOOR NOT SELF-CLOSING. * 2.53A-01 509.039 FS AND 61C-4.023(1) FAC ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. ALL MANAGERS WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, AND SERVING OF FOODS TO THE PUBLIC SHALL HAVE PASSED A CERTIFICATION TEST APPROVED BY THE DIVISION DEMONSTRATING A BASIC KNOWLEDGE OF FOOD PROTECTION PRACTICES AS ADOPTED IN THIS CHAPTER. THOSE MANAGERS WHO SUCCESSFULLY PASS AN APPROVED CERTIFICATION EXAMINATION SHALL BE ISSUED A CERTIFICATE BY THE CERTIFYING ORGANIZATION, WHICH IS VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. OBSERVED NO PROOF OF FOOD MANAGER CERTIFICATION FOR MANAGERS MANDY HERNDON AND PAUL HEWITT. * denotes critical violation Exhibit A Case Number: 2005022633 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 2000925 Jul 28 2005 16:44 Q7/28/2005 16:42 8584146749 DBPR OGA PAGE 86/27 DEPARTMENT ¢.__. BUSINESS AND PROFESSIONAL __ EGULATION EXHIBIT B Division of Hotels and Restaurants CALL BACK/RE-INSPECTION REPORT page \ of | _ |) topaing fa Foon seavice [Monty | Oy | You] WARNING OF yal loi Hearing requested OIRECT NOTICE: (lPre-confarence SANot compliad Yi of business Failure to be in compliance CPra-hearing with this notles et any (0h Stipulation futura inspection may C0n Heering Order Lo Time extanded dete, | reault [na direct Notice to Cl other: Show Causa, m SHOW CAUSE You will bp Issued a Notios to Show Cause why sanctions should not ba assessed against your leense. A hearing evil be hefd at 2 timp and place to ha dasignatad by tha diractor, Owner Nome: aS SR Ae Business None: VEX DMR. Bosieess Address: Bq AS, SOR, - SENN Basis OR oo Par) tine: QOL VAT VV AMY oF BR » SIGRATURE Oo AD kay eAipricg |S adie Mims ws 1S Hoe DBPR Form HA 5022-008 Revised 1999 November 22 RE PENT NAME (PLEASE PRINT Plnseecy ADT wie (PLEASE PRINT) ER RY -& oe TA AYSPMO eh SISRATU Jul 28 2005 16:44 87/28/2005 16:42 8504146749 DEPR BGA PAGE 67/27 STATE OF FLORIDA ; Page 1 EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wow. myflorida.com/abpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE ' Fatture to comply with this Notice may Initiate an administrative complaint thet may result in suspension or revocation of your license and tines, 2/1/05 11:43:30. AM Routine SEA2000925 SEAT inspection Date and Time Inspection Reason License Number SHEENA ENTERPRISES WARNING: Owner Name Violations in the operation af your 2722022 HUNGRY HOWIES PIZZA And SUBS . Area Code/Telephone Number Business Name inspaction Resutt & 03/14/2005 08:00 AM O1-JUN-05 Number of Units Callback Data/Time License Expiration 01101 BLANDING BLVD #112 ORANGE PARK FL 32085 Addrass / City / State / Zip / etc. item item 03; Food Tamperatures tem Sa: Cart, Food Managers ham 20: Warewashing Sanitization PORPERON, risks Lathe, 50 Degrade F. ‘Spnitizer Type: Not Set Up found at a concentration of XXX PPM, NOTE: Itams marked above with an asterisk (*) indicate a violation Inapector’s Commearts 45: Fira Extinguishers and Fi porascnn Syetems Dates A Claas ABC type Fire Extinguisher, found Irvnt Kitchen hes 8 caniieauan date of 4/04 T acknowledge receipt of this Inspectian form and comments, AEP ong Clon ie AAAS Se Date of Ri Inspector Signature Recipient pgenetary of Recinint For further Information piaase contact: Den Fulton The MANAGER , Senior Santon Safety Specialist 7940 Atingion Exereseway Suite Phone: 904.272 2022 B10 Jason F821 STATUS PHF TEMPERATURE CONTROL [ves rote Approved source [Yes (03 Hot foot at proper temperature P01b Wholesome, sound condition Yes 02-Original container; ptoperty labeled, date marking [Yes |*03d Foods properly cooled STATUS PHF TEMPERATURE CONTROL [No ____|*04 Feciities to maintain product temperature Yes "03a Cok food at proper temperatures during storage, [No _| *05 Thermometers provided and conspicuously placed display, service, transport, and cold holding Yes “08 Potentially hazardous foods properly thawed ‘Vietatlons marked with an atariék are critical violations, tems markad YES ara in compliance. Itams Marked NO are vielations. Specific details of violation are listed on SUbSEqUANt pages, tems marked N/A are Not Applicatie, Items Marked as W/O are Not Observed, and were not being conducted at tha lime of Ingpaction. OBPR Form HR 5022-015 Jul 23 2005 16:44 87/28/2085 16:42 8564146743 DBPR OGA STATE OF FLORIDA ee EXH IBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION — License Num PAGE 98/27 DIVISION OF HOTELS AND RESTAURANTS, SEAT ne eAD008I5 Www myfiorida.com/d) sry ber Inspection Date FOOD SERVICE INSPECTION REPORT 214/05 11:43:30 AM LEGAL NOTICE Failure to comply with this Notice may initlate an administretive complaint that may result In suspension or revocation of your ilcense and fines, STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL "07 Unwrapped of potentially hazardous food not re-served [Yes Containers covered, adequate number, insect and rodent proof, emptied at proper intervals, clesn P08a Food protection during etoraga, preparation, display, Yes service, transportation 5 Outside neice erage araa clean, enclosure properly Yes *0ab Cross-contamination, equipment, personnel, storage - DENT yes 03c Potential tor crose-contarnination: storage practicas; |_ STATUS | AND R ONTRO damaged food sagregatad es Hida Presence of nsectrodonte Animals prohibited *08 Foods handled with minimum contact [No 95 Outer openings protected from Insects, rodent proof Yes 10 in. usa food dispensing utensils property storad —s FLOORS, WALLS, CEILINGS STATUS PERSONNEL proparly constructed, clean, drained, coved pets Walls, callings, and attached equipment, constructed, Yes a Hands washed and clean, good hygienic practices clean (observed), ahernative operating plan fee Lighting provided as required, Fixtures shialded Yes *12b Proper hygienic practicas, aating/drinkIng/smoking 9 Rooms and equipment vented a: required (evidence) OTHER AREAS | Yes ___143 Caan clothes, hair restraints [yes __|40 Employee lockars provided and usad, clean FOOD EQUIPMENT AND UTENSILS Yee __ Pita Toxle items properly stored 14 Food contact surfaces designed, consiructad, ?41b Toxic hams tabeled and used prope maintained, Installed, located 42 Premises maintained, free of Utter, unnecassary articles, 15 Non-food contact surfacas designed, constructed, {Cleaning end maintenance equipment proparly stored. maintained, installed, asted