O10 STATE OF FLORIDA _ O7FEBI6 PMI2: 46 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS . DEPARTMENT OF BUSINESS AND ; A DM “ ied oniie PROFESSIONAL REGULATION HEARN Petitioner, VS. : License No. 3912843 PAPA JOHNS razah dent. - License Type 2010 ‘espon' ;_ . Case No. 2006086224 ADMINISTRATIVE COMPLAINT: The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND. RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against PAPA JOHNS PIZZA, (‘Respondent’), and says: 1. Petitioner is the state agency charged with regulating the operation of public jodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at ail.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 4231 GUNN HWY, TAMPA, FLORIDA 33624.The mailing address of record is PAPA JOHNS PIZZA, at 39300 W TWELVE ’ MILE RD STE 100, FARMINGTON HILLS, FLORIDA 48331. : 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 thefeto. Signed December 06, aniel Erdman, Deputy District Manager 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. 0153834 Department of Business & Professional Regulation . 1940 North Monroe Street . Certified Article Number Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE. BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: SENDERS RECORD t HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2006. Received by: Inspector’s Signature Operator's Signature Title Title Case Number: 2006066224 District Number: 03 License Number: 3912843 2010 Form revised 10.10.06 PAPA JOHNS PiZZA Exhibit A License Number: 3912843 : License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006066224 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 610-1.004(5), Florida Administrative Code. “denotes a critical violation. Itis alleged that on August 17, 2006, November 20, 2006 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. 29-18-1 5-205.15 FC::_ SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: (A) REPAIRED ACCORDING TO LAW; AND (B) MAINTAINED IN GOOD REPAIR. DRAIN COVER(S) MISSING, MOP SINK, 2. 37-18-1_61C-1.004(6) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED DUSTY CEILING TILES AND AIR CONDITIONING VENT COVERS. . 3. 40-01-1 6-305.11 FC:: DESIGNATION. (A) DRESSING ROOMS OR DRESSING AREAS SHALL BE DESIGNATED.IF EMPLOYEES' ROUTINELY CHANGE THEIR-CLOTHES IN THE ESTABLISHMENT. (B) LOCKERS OR OTHER SUITABLE FACILITIES SHALL BE PROVIDED FOR THE ORDERLY STORAGE OF EMPLOYEES' CLOTHING AND OTHER POSSESSIONS. . . NO SUITABLE FACILITIES PROVIDED TO STORE EMPLOYEE CLOTHING AND OTHER POSSESSIONS. * 4, 53A-19-1 61C-4.023(1) FAC:: (1) 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 EXPIRED FOOD MANAGER CERTIFICATION. JOHN MOORE'S CERTIFICATION EXPIRED | 4/1106. * 5.46-09-1 61C-1.004(10) FAC:: EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS, : . EXIT SIGNS NOT PROPERLY ILLUMINATED. * 6. 47-15-1 NFPA 70, 300.31: COVERS REQUIRED. SUITABLE COVERS SHALL BE INSTALLED ON ALL BOXES TO PREVENT ACCIDENTAL CONTACT WITH ENERGIZED PARTS OR PHYSICAL DAMAGE TO PARTS OR INSULATION. OBSERVED AN UNCOVERED ELECTRICAL BOX BY HAND SINK. * denotes critical violation . * District: 03 Case Number: 2006066224 , . License Type: 2010 License Number: 3912843 File Number: 123637 PAPA JOHNS PIZZA Exhibit A * 7. 46-05-1 | NFPA 101, 7.1.10.1, 61C-1.004(10)FAC:: MEANS OF EGRESS SHALL BE CONTINUOUSLY MAINTAINED FREE OF ALL OBSTRUCTIONS OR IMPEDIMENTS TO FULL INSTANT USE iN THE CASE OF FIRE OR OTHER EMERGENCY. MEANS OF ACCESS MUST PERMIT : UNOBSTRUCTED TRAVEL AT ALL TIMES AND BE MAINTAINED FREE OF OBSTRUCTIONS AND FIRE HAZARDS. HALLS, ENTRANCES AND STAIRWAYS SHALL BE CLEAN, VENTILATED AND WELL- LIGHTED DAY AND NIGHT. HALL AND STAIR RUNNERS SHALL BE KEPT iN GOOD CONDITION. HAND RAILS SHALL BE INSTALLED ON ALL STAIRWAYS AND GUARD RAILS AROUND ALL PORCHES AND STEPS. ADEQUATE MEANS OF EXIT SHALL BE PROVIDED PURSUANT TO NFPA 101.: OBSERVED OBSTRUCTED EXITS, STAIRS, HALLWAYS OR EGRESS. * denotes critical violation : District: 03 Case Number: 2006066224 ; License Type: 2010 License Number: 3912843 : File Number: 123637 PAPA JOHNS PIZZA EXHIBIT B- STATE OF FLORIDA : DEPARTMENT OF BUSINESS AND PROFESSIONAL RE! yaaa) . DIVISION OF HOTELS AND RESTAURANTS | 6 PH t2: 4 7 www.myflorida.com/dbpr FOOD SERVICE INSPECTION REPORT OTS i ‘ A . LEGAL NOTICE PALLY ” Vie Fallure to comply with this Notice may initiate an administrative complaint thet Piicense and fines. 08/17/06 11:02 AM Routine : NOST Inspection Date and Time Inspection Reason License Number ~ TEAM OLTD . . . OwnerName WARNING: 9637272 PAPA JPHNS 4231 Area Code/Telephone Number Business Name . Inspection Result, Q : 08/17/2006 08:00 AM 270107 Number of Units . Callback Date/Time License Expiration 4231 GUNN HWY. : TAMPA, 33624 Address / City / State / Zip / atc. , Item 03: Food Temperatures Ready to eat-PHF, walk in cooler, 38 Degrees F. } «| . Ready to pat-PHF, walk in cooler, 38 Degrees F, cenager Name: John Moore Ready to eat-PHF. reach in cooler, 34 Degrees _ | CeMtification Date: 4/6/01 Certified F . by: Florida Restaurant Association Ready to eat-PHF. reach in cooler, 33 Degrees , F. Ready to eat-PHE, reach in cooler, 33 Degrees F. NOTE: Items marked above with an asterisk (*) Indicate a violation Inspector's Comments fater Source: MunicipaVUtility. Sewage: Municipal/Utility, Employees trained by Other Approved Corporate Training Provided Web Site: .myflorida,com/dbpr . l acknowledge receipt of this Inspection form and comments. 08-17-06 Signature of Recipient : Inspector Signature Date Recipient: soe Moore P For further information please contact: i ~ Rich Decker Tith _ mor 850 487 1395 Phone: 963 7272 STATUS SOURCE STATUS PHF TEMPERATURE CONTROL “03a Cald food at praper temperatures during storage, display, service, fin [ota Approvedsource C= *01b Wholesome, sound condition "02 Original container: properly labeled, date marking *03b Hot food at proper temperature . “02-11 Consumer advisory on raw/undercooked oysters *03c Foods properly cooked/reheated "02-13 Consumer advisory on raw/undercookad animal "03d Foods properly cooled *04 Facilities to maintain produtt temperature | sd *05 Thermometers provided and conspicuously placed 06 Potentially hazardous foods properly thawed Violations marked with an asterisk are critica! violations, Items marked IN are in compliance. Items Marked OUT ere violations, Specific details of violation are listed on DBPR Form HR 5022-016 EXHIBIT B Page 2 License Number STATE OF FLORIDA “NOST 3992843 . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS PAPA JPHNS 4231 www. myflorida.com/dbpr . : + Inspection Date FooD SERVICE INSPECTION REPORT 08/17/06 11:02 AM Fallure ta comply with this Notice may initlate an administrative complaint that may result In suspension or revocation of your license and fines. “_GARBAGE AND REFUSE DISPOSAL 33 Containers covered, adequate number, insect and rodent proof, amptied at proper intervals, clean | 34 Outside storage area clean, enclosure properly constructed . oe CT AND RODENT CONTRO | ___/35a Presence of insects/rodents. Animals prohibited | a8 Outer openings protected from insects, rodent proof 10 In use food dispensing utensils properly stored FLOORS, WALLS, CEILINGS status [PERSONNEL | ___[6 Floors properly constructed, clean, drained, coved ln | "14 Personnel with infections restricted . 37 Walls, ceilings, and attached equipment, constructed, "12a Hands washed and clean, good hygienic practices (observed), alternative operating plan clean “12b Proper hyglenic practices, eating/dtinking/smoking { (9 Rooms arid. equipment - vented as required (evidence) STATUS "08a Food protection during storage, preparation, display, service, transportation 38 Lighting provided as required. Fixtures shielded ji 13 Clean clothes, hair restraints lor | 40 Employee lockers provided and used, clean STATUS FOOD EQUIPMENT AND UTENSILS lin ___|*41a Toxic items properly stored 14 Food contact surfaces designed, constructed, *41b Toxic items labeled and used propert maintained, installed, located 42 Premises maintained, free of litter, unnecessary articles, 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 | - _(43 Complate separation from living/sleeping area, laund 1. Wash 2. Rinse 3. Sanitize fs 44 Clean and soiled finen segregated and properly stored |_____ +17 Thermometers, gauges, testiits provided | STATUS ; SAFETY: |. [18Presushed, scraped, soaked C*S 45 Fire extinguishers - proper and sufficient | __|19.Wash, rinse water clean, propertemperature__| +46 Exiting system - adequate, good repair | ___ (tava Santizingconcentration C=O 47 Electrical wiring - adequate, good repair [_-_fr2on Sanitizing temperature i “48 Gas appliances - property installed, maintalned |_____|21 Wiping cloths clean, usediproperly, stored | +49 Flammable/combustible materials - properly slored in *22 Food contact surfaces of equipment and utensits clean STATUS GENERAL i "50 Current license properly displayed . | 24 Storage/handiing of clean equipment, utensils 61 Other conditions sanitary and safe operation ; +52 False/misleading statements published or advertised Jout___ [25 Service items properly stored, handled, dispensed __| relating to food/beverage [fae Single service articles notre-used «dt +53a Food management cettification valid In 'S3p Employee training validation |_____}'27 Water source safe, hot and cold under pressure 54 Florida Clean Indoor Air Act | ___fr28 Sewasie and waste water disposed properly —__—_| 55 Automatic Gratulty Notice [out ____[29Plumbing installed and maintained 56 Copy of Chapter 509, Florida Statules, aveilable |______ [+30 Cross-connection, back siphonage, backfiow | STATUS *31 Toilet and handwashing facilities, number, convenient, designed, installed *32 Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with handsoap, disposable towels or hand drying devices, tissue, covered waste 57 Hospitallty Education Program Information provided Total Number of COS Violations: Total Number of Repeat Violations: Violations marked with an asterisk are critical violations, ems marked [N are in compliance, Items Marked OUT are violations, Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. lterns Marked as N/O are Not Observed, and were not being conducted at the time of inspection, OBPR Form HR 5022-015 - EXHIBIT B 7 . Pages License Number STATEOF FLORIDA ie Numb 3 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION pc, Noe name OSI cmyferide comiabpr NTS "PAPA, JPHNS 4231 www miyfiorde.com/dbpr FOOD SERVICE INSPECTION REPORT inspection Date a E ; 6 14: LEGAL NOTICE 08/17/06 11:02 Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your ficerise and fines. Warning{s): 59A-19-1:Observed expired Food Menager Certifcation.John Moore's certification expired 471/08 This violation must be corrected by? 11/17/08, 45-27-1:Portable fire extinguisher blocked/not easily accessible. 46-05-1:Obsetved obstructed exits, stairs, hallways or egress, 47-13- 4:Circult breaker box blocked and/or inaccessible. 25-04-1:Obsarved single-service pizza boxes items stored on floor, * 40-01-1:No suitable facilities provided to store employee clothing and other possessions 29-18-4:Drain cover{s) missing, mop sink. 46-08-1:Exit signs not-properly illuminated. 37-17-1;Observedwalk in cooler ceiing soited with accumulated dust. 47-15-1:Observed an uncovered electrical box by hand sink. 38-07-1:Lights missing the proper shield, sleeve coatings or covers,hood 37-18-1:;Observed dusty cating tiles and/or air conditioning vent covers, 15-15-1:Dolties, patlets, , pizza pans, racks or skids used to store or transport packaged food boxes not designed to be moved easily to allow for cleaning accass. 33-16-1-Observed open dumpster tid. DBPR Form HR 5022-015 EXHIBIT B Page 1 STATE OF FLORIDA DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your lloense and fines. 120/06 03:50 PM_ Warning . 894284g OT NOST Callback inspection Date and Time : inspection Reason ; . License Number TEAM OLTD : [ADMINISTRATIVE COMPLAINT 9637272 Owner Name secommended, Area Code/Telephone Number PAPA JOHNS PIZZA Business Name _ Inspection Result . Qo 08/17/2008 Number of Units Requested Callback Date/Time {nitial Waring Date 4231 GUNN HWY : TAMPA, 33624 Pr ar gr rarer enn eenteteememmrnnnretmeneneneeee en len Address / City / State /Zip/ etc. Comments [The following item(s) have been recommended for Administiative Complaint: olatlon: 53A+19-4 Observed expired Food Manager Certification, John Moore's certification expired 4/1/06 This violation must be corrected by ; 11/17/06. Pbserved an uncovered electrical box by hand sink. iolalion; 46-09-1 11/20/06 _ Date . Signature of Recipient . Inspector Signature Recipient: Eton Thompson For further information please contact: Tith Rich Decker te driver Sr Sanitatatio & Safety Spec 3725 W Grace St, 520 Phone: 963 7272 Tampa, FL 33607 . 850 487 1395 DBPR Form HR $022-005 EXHIBIT B ; STATE OF FLORIDA’ Licanse Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NOST 3912843 DIVISION OF HOTELS AND RESTAURANTS Business Name www.myflorida.comédbpr PAPA JOHNS PIZZA tnspection Date CALLBACK INSPECTION REPORT © LEGAL NOTICE 41/20/06 03:50PM Failure to comply-with this Notice may Initlate an administrative complaint that may Tesult in suspension oF revocation of your license and fines. it Signs not property illuminated, olation: 46-05-1 bserved obstructed exits, stairs, hallways or egress, lolation: 40-01-17 Sultable facilities provided to store employee clothing and other possessions, olation: 37-18-1 erved dusty ceiling tiles and/or als conditioning vent covers. lation: 29-18-1 rain cover(s) missing, mop sink, lation: 15-15+1 ites, pallets, , plzza pans, sacks or skids used to store or transport packaged food , boxes not designed to be moved aasily to allow for cleaning access, he follawing item(s) are In compliance: iolation: 47-43-1 ireult breaker box blocked and/or inaccessible, fiolation: 45-27-41 ble fire extinguisher blocked/not easily accessible. folation: 38-07-1 hts missing the proper shield, sleeve coatings or covars,haod lolation: 3717-1 bservedwatk In cooler celling soled with accumulated dust. lation: 33-16-1 bserved open dumpster lid. olation: 25-04-1 bserved single-service pizza boxes items stored on floor. DBPR Form HR 5022-005 REQUEST FOR ADMINISTRATIVE COMPLAINT | Al | ¢ 666 BAY Business Name; Vi ae Numbg FL | lps Ths ABV lpn 0 _L7 sab Inspector Area Number: D. 3 ju ; [ LE File Numb¢} [ LE File Numb¢} Numbat: |//J | Ownership (& Mailing Addr. if Possible) Verified by: 9/4, for Bo Inspection Data Entry Verified by: (> / je ie HIE ae inspection Chronology — include lhepéttion jan dates on Exhibit A only when violation(s)} "Inspection Type — Dat Inspection Result an Routine Complaint, CB, On-Stip ate Waming, TE, AC ere esis —eatomaal FE Violations Combis: Y ay Tv Viol. Nos. Combined for H&R Stats Notes Box: Pf 7/27, Telia and Ulufdn ||| a Tl Ty Supers a Deputy District Manager re (de a KI Eee Le station: SGA-19-1 : . ; 2s0 bserved expired Food Manager Certification. John Moore's Certification expired 4/1/06 This-vielation-mustbe-eomeeted-bys 406. fiolation: 47-15-1 , bserved an uncovered electrical box by hand sink, iotation: 46-09-17 ‘it signs not properly illuminated, ¥. fiolation: 46-05-1 served obstructed exits, stairs, hallways or egress. lolation: 40-01-1 lo suitable facilities provided to store emptoyes: clothing and other possessions. lolation: 37-18-14 bserved dusty celling tiles andae air conditioning vent covers. folation: 29+ 18-4 rain cover(s) missing, map sink.

Docket for Case No: 07-000862