STATE OF FLORIDA O S 7 BYOd DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ge fa Petitioner, Op ff re License No. 6215708 @, a ’ icense No. fy SUBWAY Teo oe espondent License Type 2010 Permanent! febiravicl My . fi Case No. 2005036197 Ags he @s, ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, pmisicd ‘85 ELS a RESTAURANTS, (“Petitioner”), files this Administrative Complaint against SUBWAY woe ti Respondent’), and says: 1. Petitioner is the state agency charged with th 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 11180 N 66 ST, PINELLAS PARK, FLORIDA 33782.The mailing address of record is SUBWAY #25866, at 630 CHESTNUT ST, CLEARWATER, FLORIDA 33756. 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 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 there Signed July 12, 2008 ic} 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: 1 HEREBY CERTIFY that a true and correct copy of the foregoing, ADMINISTRATIVE COMPLAINT has.been 2.200. PhO 390] 9848 9314 4380 hand served by me on this. day of , 2005, Received by: Inspector's Signature Operator’s Signature Title ; Title Case Number: 2005036197 Form revised 07.01.05 License Type: 2010 Permanent Food Service . District Number: 03 License Number: 6215706 SUBWAY #25866 Op” fe Za) “ee pe BN, License Number: 6215706 AnD “4 Nf} License Type: 2010 PERMANENT FOOD SERVICE Oily, * g, Case Number: 2005036197 MY Moy ap Us 1 Exhibit A “ys fig Ge “3 OoVL, “FC” as cited herein references specific provisions of the Food Code, Recommendations of the United Sates 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. It is alleged that on May 13, 2005 and June 15, 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4,53A-04 61C-4,023(1) FAC WHEN FOUR OR MORE EMPLOYEES, AT ONE TIME, ARE ENGAGED IN THE STORAGE, PREPARATION OR SERVING OF FOOD IN A LICENSED ESTABLISHMENT, THERE SHALL BE AT LEAST ONE CERTIFIED FOOD PROTECTION MANAGER PRESENT AT ALL TIMES WHEN SAID ACTIVITIES ARE TAKING PLACE. THE CERTIFIED FOOD PROTECTION MANAGER OR MANAGERS NEED NOT BE PRESENT IN THE ESTABLISHMENT DURING THOSE PERIODS OF OPERATION WHEN THERE ARE THREE FOR FEWER EMPLOYEES ENGAGED IN THE STORAGE, PREPARATION, OR SERVING OF FOODS. NO CURRENTLY CERTIFIED FOOD SERVICE MANAGER NOTED ON DUTY WITH FOUR OR MORE EMPLOYEES ENGAGED IN FOOD PREPARATION. * 2,53B-01 509.049FS FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING INACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. NO PROOF OF REQUIRED EMPLOYEE TRAINING. * denotes critical violation Exhibit A Case Number: 2005036197 Page 1 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6215706 STATE OF FLORIDA Page 1 EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT SEAT :LEGAL NOTICE . . Fallura to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your license andfines. 5/13/05 10:42:19 AM Routine 6215706 Inspection Date and Time Inspection Reason License Number MACSUB VIINC. WARNING: Owner Name Violations in the operation of your ATEATINGO SUBWAY #25866 ishment must be corrected by:_ Area Cade/Telephone Number Business Name Inspection Result 45 06/13/2005 08:00 AM 2105 Number of Units Callback Date/Time License Expiration 11180 N 66 ST PINELLAS PARK FL 33773 Address / City / State / Zip / ete, tem 03: Food Temperatures Item 53a: Cert. Food Managers — Titer 20; Warewashing Sanitization | Item 45: Fire Extinguishers and | Chicken, cook line, 42 Degrees F. Cheese, caok line, 42 Degrees F. {— Manager Name: eric libby Certification Date: 101 Certified by: The Flarida Restaurant Sanitizer Type: Qualemary Ammonium found at concentration of 200 3 compartment sink PPM. ‘A Class ABC type Fire Extingulster, found infat kitchen has a certification dale af 12/04 Tuna salad, cook fine, 43 Degrees F, Mealballs, hot holding, 135 Degrees F. Cheese, walk in cooler, 41 Degrees F. Salam|, watk in coaler, 42 Degrees F. Association NOTE: Items marked above with’an asterisk (*) Indicate a violation Inspector's Comments Provided Web Site: www.hospitalityeducation.org. — T acknowledge receipt of this inspection form and comments, 5/13/05 A OR Date Signature of Recipient Inspector Signature For further information please contact: Recipient: heather murray Jim Olsen Title manager Sanitation and Salety Specialist 3725 W. Grace St, Suite 520 Phone: 727 547750 sree STATUS |_ SOURCE STATUS PHF TEMPERATURE CONTROL ‘Ola Approved source Yes [030 Hot food at proper temperature *O1b Wholesome, sound condition Yes *03c Foods properly cooked/reheated 02 Original container; properly labeled, date marking _ Yes *03d Foods properly cooled PHF TEMPERATURE CONTROL Yes *04 Facilities to maintain product temperature “03a Cold food at proper temperatures during storage, ke 05 terme Provided and conspicuously placed display, service, transport, and cald holding Yes ‘06 Potentially hazardous foods properly thawed Violatlons marked with an asterisk are critical violations. Items marked YES are in compliance. Nems Marked NO are violations, Specific details of violation are listed an subsequent pages. lems marked N/A are Not Applicable. tems Marked as N/O are Nol Observed, and were not being conducted at the time of Inspection, DBPR Form HR 5022-015 EXHIBIT B STATE OF FLORIDA Page 2 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 6215706 www. myflorida.com/dbpr vl P Inspection Date FOOD SERVICE INSPECTION REPORT 5/13/05 10:42:19 AR LEGAL NOTICE Fallure to comply with this Notice may initlate an administrative complaint that may result in suspension or revocation of your license andfines, STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL Yes ‘07 Unwrapped or potentially hazardous food not reserved |Yes 33 Containers covered, adequate number, insect androdent Yes "08a Food protection during storage, preparation, display, proof, emptied at proper intervals, clean service, transportation Yes 34 Outside storage area clean, enclosure properly ives *08b Cross-contamination, equipment; personnel, storage | - constructed Yes “O8c Potential for cross-contamination; storage practices; STATUS INSECT AND RODENT CONTROL. { damaged food segregated Yes "35a Presence of insects/rodents. Animals prohibited Yes *09 Foods handled with minimum contact Yes "35b Outer openings protected from insects, rodent proof No 10 In use food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Yes 36 Floors properly constructed, clean, drained, coved Yes *41 Personnel with infections restricted No 37 Walls, ceilings, and attached equipment, construcled, Yes “12a Hands washed and clean, good hyglenic practices _felean (observed), altemative operating plan Yes 38 Lighting provided as required, Fixtures shielded Yes *12b Proper hygienic practices, eating/drinking/smoking Yes 39 Rooms and equipment - vented as required (evidence) STATUS OTHER AREAS Yes 13 Clean clothes, hair restraints Yes 40 Employee lockers provided and used, clean STATUS _| FOOD EQUIPMENT AND UTENSILS Yes "41a Toxic items properly stared Yes 14 Food contact surfaces designed, constructed, Yes *"41b Toxic Items labeled and used properly | maintained, installed, located Yes 42 Premises maintained, free of litter, unnecessary articles. Yes 15 Non-food contact surfaces designed, constructed, Cleaning and maintenance equipment properly stored, maintained, Installed, located Kitchen restricted to authorized personnel “16 Dishwashing facilities designed, constructed, operated 1.Wash 2. Rinse 3. Sanitize ‘17 Thermometers, gauges, test kits provided Yes 18 Pre-flushed, scraped, soaked Yes "45 Fire extinguishers - proper and sufficient Yes 19 Wash, rinse water clean, proper temperature . Yes “46 Exiting system - adequate, good repair Yes *20a Sanitizing concentration Yes *47 Electrical wiring - adequate, good repair Yes *20b Sanitizing temperature Yes *48 Gas appliances - properly installed, maintained Yes 21 Wiping cloths clean, used properly, stored Yes "49 Flammable/combustible materials - properly stored Yes 22 Food contact surfaces of equipment and utensils clean STATUS GENERAL Yes 23 Non-food contact surfaces clean No "50 Current license properly displayed Yes 24 Storage/handling of clean equipment, utensils 51 Other conditions sanitary and safe operation STATUS SINGLE SERVICE ARTICLES Yes 52 False/misleading statements published or advertised relating to foad/beverage Yes __|25 Service items properly stored, handled, dispensed Yes 26 Single service articles not re-used No *53a Food management certification valid STATUS WATER AND SEWAGE/PLUMBING No *53b Employee training validation Yes ‘27 Water source safe, hot and cold under pressure Yes 54 Florida Clean Indoor Air Act [Yes *28 Sewage and waste water disposed properly Yes 55 Automatic Gratuity Notice Yes 29 Plumbing Installed and maintained Yes 56 Copy of Chapter 509, Florida Statutes, available Yes *30 Cross-connection, back siphonage, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES Yes 57 Hospitality Education Program information provided Yes "37 Toilet and handwashing facilities, number, convenient, [Yes 58 Smoke Free designed, installed Ino 132 Restrooms with self-closing doors, fixiures operate properly, | facility clean, supplied with handsoap, disposable towels or hand Total Number of COS Violations: 0 devices, ti , covered Hoste frying devices, issue, cov waste receptacles Total Number of Repeat Violations: 0 Violations marked with an asterisk are critical violations. ems marked YES are in compiiance. llems Marked NO are violations, Specific detalls of violation are listed on subsequent pages, lems marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted at the time of Inspection. DBPR Form HR 5022-015 Page 3 STATE OF FLORIDA sae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION License Number DIVISION OF HOTELS AND RESTAURANTS SEAT 8215706 www.myllorida.com/dbpr Inspection Date 5/13/05 10:42:19 AM FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may Initlate an administrative complaint that may result in suspension or revocation of your license and fines. Warning(s): 10-05 - Observed In-use utensil not stored on a Clean, protected location if used with a food that is. Nonpatentially hazardous.lce scoop stored on top of ice machine 32-09 - Observed lack of proper hand drying provistons at hand wash sink.front service area 37-02 - Observed wall soiled with accumulated black debris in dishwashing area, 50-05 - Observed an explred license mare than 60 days afler expiration date, This violatlon must be corrected by : 6/13/05, 534-04 - Observed no currently certified food service manager noted on duty with four or more employees engaged In food preparation, 538-01 - Observed no proof of required employee tratning. This violation must be corrected by : 6/13/05. DBPR Form HR 5022-015 Page 1 STATE OF FLORIDA EXHI BIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www.myflorida,com/dbpr CALLBACK INSPECTION REPORT _ LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complalnt that may result in suspension or revocation of your license andiinas, 6/15/05 10:53:48 AM Warning SEA6215706_ SEAT Callback Inspection Date and Time inspection Reason License Nuniber MAGSUB VI INC. ADMINISTRATIVE COMPLAINT 7275477060 Owner Name recommended. Area Code/Telephone Number SUBWAY #25866. Business Name Inspection Result 45 05/13/2005 Number of Units Requested Callback Date/Time Initial Warning Date 11180 N 66 ST : PINELLAS PARK FL 33773 Address / City / State / Zip / etc, Comments ae | ‘he following item(s) have heen recommended for Administrative Complaint: — 53A-04 Dbserved no currently certified food service manager nated on duty with four or more employees engaged in food preparation. Violalion: 538-01 Dbserved no proof of required employee training. This violation must be corrected by : 6/13/05. 6/15/05 Date Signature of Recipient Inspector Signature Recipient: heather murray For further information please contact: Title Jim Olsen manager Sanitation and Safety Specialist 3725 W. Phone: 727 547 7550 Grace St, Suite 520 Tampa Florida 850.487.1395 DBPR Form HR 5022-005 EXHIBIT B ex: STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT SEAS215706 DIVISION OF HOTELS AND RESTAURANTS pusiness Name www. mytlorida.com/dbpr SUBWAY #25866 CALLBACK INSPECTION REPORT Inspection Date LEGAL NOTICE . 6/15/05 10:5348 AM Fallure to comply with this Notice may initlate an administrative complaint that may result in suspension or revocation af your license andfinas, The following flemn(s) are in campliance: intation: 10-05 i In-use ulensit not stored on a clean, protected location If used with a food that is nonpotentlally hazardous.lce scaop stored an top of ice machine Violation: 32-09 Pbserved Jack of proper hand drying provislons at hand wash sink.front service area lotation: 37-02 Dbserved wall solled with accumulated black debris in dishwashing area, iotation: 50-05 poserved an explred license more than 60 days after expiration date, This violation must be corrected by ; 6/13/05, OBPR Form HR 5022-005

Docket for Case No: 05-003800