Jun 13 2006 15:12 @6/13/2086 83:88 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. License No. 6602155 ; PAPA JOHNS ale cient License Type 2010 Permanent Food Service espongen Case No. 2005028161 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Fatitioner’), files this Administrative Complaint against PAPA JOHNS PIZ7A, (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 2506 S US 1, FT PIERCE, FLORIDA 34982. The mailing address of record is PAPA JOHNS PIZZA, at 2460 HARBOUR COVE DR, FT PIERCE, FLORIDA 329491561, 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 thereta 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 excead $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 fo this Chapter, and/or ary other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed May 24, 2005 . 7" Valerie Freeman, District Manager By delegation of the Director, or designee - Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEFARTMENT: Charles F. Tunnicllff, Lead Attorney Flarida Bar No. 0153834 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 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, , 2005, Received by: Inspector's Signature’ Operator’s Signature Title Title Case Number: 2005028161 Form revised 05.20,05 District Number: 04 License Type: 2010 Permanent Food Service License Number: 6602455 PAPA JOHNS Fizz Jun 13 2006 15:13 @6/13/2086 83:88 8584146749 DEPR OGA PAGE @4/a7 License Number: 6602155 , License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2005028161 Exhibit A "FO as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Haalth Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA” as cited herein references specific provisions of the National Fire Protaction Association Life Safety Code, incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions”, Florida Administrative Coda, and 64C-1.004(5), Flarida Administrative Code. Itis alleged that on March 11, 2005 and April 12, 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, “ 1.23-01 4-601.11(C) FC NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. THERE WAS A DUST BUILD UP ON THE WALK IN COOLER CONDENSER COILS. * 2.30-04 §-203.14FG BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT INTO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE FOOD ESTABLISHMENT, INCLUDING ON 4 HOSE BIBB IF A HOSE IS ATTAGHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202. 14, . THERE WAS NO BACK FLOW PREVENTION DEVIGE ON THE HOSE BIBB IN THE EMPLOYEE _RESTROOM. 3,34-09 §501.116(B) FC SOILED RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE CLEANED AT A FREQUENCY NEGESSARY TO PREVENT THEM FROM DEVELOPING A BUILDUP OF SOIL OR BECOMING ATTRACTANTS FOR INSECTS AND RODENTS. THERE WAS A HEAVY BUILD UP OF GARBAGE AROUND THE OUMPSTER. * 4,46-11.3 61C-1,004(10) FAC EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. THE EXIT SIGN ABOVE THE DRY STORAGE EXIT DOOR WAS NOT ILLUMINATED, * denotes critical violation _ Exhibit A Case Number: 2005028161 Page 1 License Typa: 2010 PERMANENT FOOD SERVICE License Number, 6602155 Jun 13 2006 15:13 @6/13/2086 83:88 8584146749 DEPR OGA PAGE 85/87 * §.35B-03 6-202.15FC OUTER OPENINGS, PROTEGTED, (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8), (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 (B) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH. A FOOD ESTABLISHMENT (5 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) ...(146 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. THERE WAS NO SELF-CLOSING DEVICE ON EITHER REAR EXIT DOOR. 6. 36-13 6-201.13FC FLOOR AND WALL JUNCTURES, COVED, AND ENCLOSED OR SEALED. (A) IN FOOD ESTABLISHMENTS IN WHICH CLEANING METHODS OTHER THAN WATER FLUSHING ARE USED FOR CLEANING FLOORS, THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND CLOSED TO NO LARGER THAN 41 MILLIMETER (ONE THIRTY-SECOND INCH). (B) THE FLOORS IN FOOD ESTABLISHMENTS IN WHICH WATER FLUSH CLEANING METHODS ARE USED SHALL BE PROVIDED WITH DRAINS AND BE GRADED TO DRAIN, AND THE FLOOR AND WALL JUNCTURES SHALL BE COVED AND SEALED. THE TILES USED AT THE FLOOR WALL JUNGTURES NEXT TO THE MOP SINK WERE IN DISREPAIR, 7. 37-02 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. AN ACCUMULATION OF DUST WAS FOUND ON THE CEILING ABOVE THE FOOD PREP AREA. 8. 38-02 6-202.11FC LIGHT BULBS, PROTECTIVE SHIELDING. (A) EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, LIGHT BULBS SHALL BE SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT IN AREAS WHERE THERE IS EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; OR UNWRAPPED SINGLE-SERVIGE AND SINGLE-USE ARTICLES. (B) SHIELDED, COATED, OR OTHERWISE SHATTER-RESISTANT BULBS NEED NOT BE USED IN AREAS USED ONLY FOR STORING FOOD IN UNOPENED PACKAGES, IF: (1) THE INTEGRITY OF THE PACKAGES CAN NOT BE AFFECTED BY BROKEN GLASS FALLING ONTO THEM; AND (2) THE PACKAGES ARE CAPABLE OF BEING CLEANED OF DEBRIS FROM BROKEN BULBS BEFORE THE PACKAGES ARE OPENED. (C) AN INFRARED OR OTHER HEAT LAMP SHALL BE PROTECTED AGAINST BREAKAGE BY A SHIELD SURROUNDING AND EXTENDING BEYOND THE BULB SO THAT ONLY THE FACE OF THE BULBIS EXPOSED, THE LIGHTS IN THE WALK IN COOLER AND ABOVE THE PIZZA PREP AREA WERE MISSING THE PROPER SHIELDS, * denotes critical violation . Exhibit A Case Number: 2005028181 Page 2 License Type: 2010 PERMANENT FOOD SERVICE License Number: 6602155 Jun 13 2006 15:13 @6/13/2086 83:88 8584146749 DEPR OGA PAGE 86/a7 9.42-09 8-501,114FC MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER. THE PREMISES SHALL BE FREE GF: (A) ITEMS THAT ARE UNNECESSARY TO THE OPERATION OR MAINTENANCE OF THE ESTABLISHMENT SUCH AS EQUIPMENT THAT IS NONFUNCTIONAL OR NO LONGER USED; AND (B) LITTER. THERE WAS AN OLD CAR SEAT AND THERE WERE SHOPPING CARTS STORED OUTSIDE THE REAR EXIT. , i 10. 18-42 4-501.11(A)(B} FC GOOD REPAIR AND PROPER ADJUSTMENT. (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED iN PARTS 4-1 AND 4-2. (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS' SPECIFICATIONS. A. THE SHELVING ABOVE, THE THREE COMPARTMENT SINK WAS RUSTED, B. THE REACH IN COOLER GASKETS AT THE PIZZA PREP AREA WERE IN POOR REPAIR. * denotes critical violation Exhibit A Case Number: 2005028161 Page 3 License Type: 2010 PERMANENT FOOD SERVICE : License Number: 6802155

Docket for Case No: 06-002045