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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SUBPORT GIANT JERSEY SUBS, 07-003142 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003142 Visitors: 1
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SUBPORT GIANT JERSEY SUBS
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Tampa, Florida
Filed: Jul. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 26, 2007.

Latest Update: May 11, 2024
Jul 12 200? 11:41 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE @4/17 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, ¥S, . SUBPORT GIANT JERSEY SUBS Leeres ne, gerne Respondent. Case No. 2008087309 f DMIN ATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner’), files this Administrative Complaint against SUBPORT GIANT JERSEY SUBS, ("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 fo the jurisdiction of the Division of Hotels and Restaurants, The respondent's business address of record is 14932 N DALE MABRY HW, TAMPA, FLORIDA 336181814. The mailing address of record is SUBPORT GIANT JERSEY SUBS, at 14932 N DALE MABRY HWY, TAMPA, FLORIDA 336181814. 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 goveming operation of the establishment. The vielation(s) found and applicable law are deseribed in Exhibit "A," attached hereto and incorporated herein by referenca. 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 offanse: mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program: suspension, revocation, of refusal of a license Issued pursuant te this Ghapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed Cecember 12, 2001 ; Dist ir By delegation sf the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F, Tunnictiff, Lead Attorney Florida Bar No, 0753831 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 | HERESY 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: : _ Operator's Signature Inspectors Signature Title Title Case Number: 2006087309 District Number: 03 License Number: 3977039 2010 Form ravised 10.10.08 SUS8PORT GIANT JERSEY SUBS Jul 12 2007 11:42 DEPR OGA PAGE 5/17 arfl2/2ae7y 11:38 8584146749 Exhibit A License Number: 3911039 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006067309 "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 Cada, “™" denotes a critical violation, It Is alleged that on August 18, 2008, September 21, 2008, November 29, 2006 the licensee was in violation of Florida Statute 508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (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. * 4,02-07-1 3-501.17(B) FC:: (B) EXCEPT AS SPECIFIED IN PARAGRAPHS (D) AND (E) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND PACKAGED BY A FOOD PROCESSING PLANT SHALL BE CLEARLY MARKED, AT THE TIME THE ORIGINAL CONTAINER IS OPENED IN A FOOD ESTABLISHMENT AND IF THE FOOD |S HELD FOR MORE THAN 24 HOURS, TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED IN PARAGRAPH (A) OF THIS SECTION; AND: (1) THE DAY THE ORIGINAL CONTAINER 15 OPENED IN THE FOOD ESTABLISHMENT SHALL BE COUNTED AS DAY 1; AND (2) THE DAY OR DATE MARKED BY THE FOOD ESTABLISHMENT MAY NOT EXCEED A MANUFACTURER'S USE-BY DATE IF THE MANUFACTURER DETERMINED THE USE-BY DATE BASED ON FOOD SAFETY. OBSERVED PROCESSED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED AFTER OPENING. OBSERVED 8/18/06 AND 9/21/05, * 2,02-13-1 3603.11 FC: CONSUMPTION OF ANIMAL FOODS THAT ARE RAW, UNDERCOOKED, OR NOT OTHERWISE PROCESSED TO ELIMINATE PATHOGENS. (4) EXCEPT AS SPECIFIED IN PARAGRAPH 3-401.11(C) AND SUBPARAGRAPH 3-401.11(D)(3) AND UNDER PARAGRAPH 3-801.11(C), IF AN ANIMAL FOOD SUCH AS BEEF, EGGS, FISH, LAMB, MILK, PORK, POULTRY, OR SHELLFISH IS SERVED OR SOLD RAW, UNDERCOOKED, OR WITHOUT OTHERWISE BEING PROCESSED TO ELIMINATE PATHOGENS, EITHER IN READY-TO-EAT FORM OR AS AN INGREDIENT IN ANOTHER READY-TO-EAT FOOD, THE PERMIT HOLDER SHALL INFORM CONSUMERS OF THE SIGNIFICANTLY INCREASED RISK OF CONSUMING SUCH FOODS BY WAY OF A DISCLOSURE AND REMINDER, AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, USING BROCHURES, DELI CASE OR MENU ADVISORIES, LABEL STATEMENTS, TABLE TENTS, PLACARDS, OR OTHER EFFECTIVE WRITTEN MEANS. (8) DISCLOSURE SHALL INCLUDE: (1} A DESCRIPTION OF THE ANIMAL-DERIVED FOODS, SUCH AS "OYSTERS ON THE HALF SHELL (RAW OYSTERS),” "RAW-EGG CAESAR SALAD," AND "HAMBURGERS (CAN BE COOKED TO ORDER)” OR (2) IDENTIFICA OF THE ANIMAL-DERIVED FOODS BY ASTERISKING THEM TO A FOOTNOTE THAT STATES THAT THE ITEMS ARE SERVED RAW OR UNDERGOOKED, OR CONTAIN (OR MAY CONTAIN) RAW OR UNDERCOOKED INGREDIENTS. (C) REMINDER SHALL INCLUDE ASTERISKING THE ANIMAL-DERIVED FOODS REQUIRING DISCLOSURE TO A FOOTNOTE THAT STATES: (1) REGARDING THE SAFETY OF THESE ITEMS, WRITTEN INFORMATION IS AVAILABLE UPON REQUEST; (2) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS; OR (3) CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INGREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDIGAL CONDITIONS. . REQUIRED CONSUMER ADVISORY ON RAW/UNDERCOOKED ANIMAL PRODUCTS NOT PROVIDED. Gase Number: 2006067308 District Number: 03 License Number: 3911039 2010 Form revised 10.10.05 SUBPORT GIANT JERSEY SUBS Jul 12 2007 11:42 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE @6/17 * 3. 08A-28-1 3-305.11 FC:: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (t) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR CTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES.ABOVE THE FLOOR. (B) FOOD IN PACKAGES AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLQOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204. 123, (C}) PRESSURIZED BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR CANS, AND MILK CONTAINERS IN PLASTIC CRATES MAY BE STORED ON A FLOOR THAT IS CLEAN AND NOT EXPOSED TO FLOOR MOISTURE. SNe ED FOOD STORED ON FLOOR, OUTSIDE COOLER AND INSIDE COOLER, OBSERVED 8g/08 * 4. 12A-22-1 — 64C-4.010(1)(D) FAC AND 3-301.11{B) FC: NO SARE HAND CONTACT OF EXPOSED: READY-TO-EAT FOOD. FOOD EMPLOYEES’ MAY CONTACT READY-TO-EAT FOODS WITH THEIR BARE HANDS IMMEDIATELY PRIOR TO SERVICE IF THE OPERATOR OF THE PUBLIC FOOD SERVICE ESTABLISHMENT MAINTAINS A WRITTEN OPERATIONAL PROCEDURE. (B) EXCEPT WHEN WASHING FRUITS AND VEGETABLES AS SPECIFIED UNDER SECTION 3-302,15 OR WHEN OTHERWISE APPROVED, FOOD EMPLOYEES’ MAY NOT CONTACT EXPOSED, READY-TO-EAT FOOD WITH THEIR BARE HANDS AND SHALL USE SUITABLE UTENSILS SUCH AS DELI TISSUE, SPATULAS, TONGS, SINGLE-USE GLOVES, OR DISPENSING EQUIPMENT. OBSERVED FOOD EMPLOYEE TOUCHING READY-TO-EAT FOOD WITH THEIR BARE HANDS AND THE ESTABLISHMENT HAS NO APPROVED ALTERNATIVE OPERATING PROCEDURE. OBSERVED 8/18/06 AND 9/21/06, * §,46.41-1 NFPA 10,6.3.1:: FREQUENCY. FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE AT INTERVALS OF NOT MORE THAN 1 YEAR, AT THE TIME OF HYDROSTATIC TEST, OR WHEN SPECIFICALLY INDICATED BY AN INSPECTION OR ELECTRONIC NOTIFICATION. PORTABLE FIRE EXTINGUISHER TAG OUT-OF-DATE. TAGGED 7/05. 6, 14-29-41 4-107.16FC:: SPONGES, USE LIMITATION. SPONGES MAY NOT BE USED IN CONTACT WITH CLEANED AND SANITIZED OR IN-USE FOOD-CONTACT SURFACES. OBSERVED ESTABLISHMENT USING SPONGES ON CLEANED AND SANITIZED, OR IN-USE FOOD- CONTACT SURFACE. 7, 18-42-1 4-201.11 FC:; EQUIPMENT AND UTENSILS SHALL BE DESIGNED AND CONSTRUCTED TO BE DURABLE AND TO RETAIN THEIR CHARACTERISTIC QUALITIES UNDER NORMAL USE CONDITIONS. OBSERVED SHELVES IN POOR REPAIR, SHELVES AT FRONT COUNTER HAYE PAINT PEELING. 8. 37-18-17 G1C-1.004(8) FAC:: (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS, A. OBSERVED MOLDY/WATER DAMAGED CEILING TILES. 5B. OBSERVED WALL iN DISREPAIR, BY BACK DOOR, * 9, 45-36-1 NPFA 96, 11.2.1. AN INSPECTION AND SERVICING OF THE FIRE-EXTINGUISHING SYSTEM AND LISTED EXHAUST HOODS CONTAINING A CONSTANT OR FIRE-ACTUATED WATER SYSTEM SHALL BE MADE AT LEAST EVERY 6 MONTHS BY PROPERLY TRAINED AND QUALIFIED PERSONS. HOOD SUPPRESSION SYSTEM TAG OUT-OF-DATE. TAGGED 7/05, Case Number: 2006087305 District Number: 03 Licance Number: 3911039 2010 Form revised 10.10.06 SUBPORT GIANT JERSEY SUBS Jul 12 2007 11:43 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE 7/17 10. 13-03-1 2-402.11 FC:. EFFECTIVENESS. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B} OF THIS SECTION, FOOD EMPLOYEES’ SHALL WEAR HAIR RESTRAINTS SUCH AS HATS, HAIR COVERINGS OR NETS, BEARD RESTRAINTS, AND CLOTHING THAT COVERS BODY HAIR, THAT ARE DESIGNED AND WORN TO EFFECTIVELY KEEP THEIR HAIR FROM CONTACTING EXPOSED FOOD; CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE- SERVICE AND SINGLE-USE ARTICLES. (B) THIS SECTION DOES NOT APPLY TO FOOD EMPLOYEES’ SUCH AS COUNTER STAFF WHO ONLY SERVE BEVERAGES AND WRAPPED OR PACKAGED FOODS, HOSTESSES, AND WAIT STAFF IF THEY PRESENT A MINIMAL RISK OF CONTAMINATING EXPOSED FOOD: CLEAN EQUIPMENT, UTENSILS, AND LINENS; AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES. OBSERVED EMPLOYEE WiTH NO HAIR RESTRAINT. District Number: 03 Case Number; 2006087305 License Number: 3911039 2010 Form revised 10.10.06 SUBPORT GIANT JERSEY SUBS Jul 12 2007 11:43 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE 8/17 EXHIBIT ; Page 1 STATE OF FLORIDA ; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS WW, Hnyflorida.com/dbpr FOOD SERVICE INSPECTION REPORT LEGAL NOTICE Fellure to comply with this Novice may Initiate en adminigtrative complaint that may resuft in suspension ar revacstion of your license and fines, pene 02:07 PM : Routine 3941039 SEAT Inspection Date and Time Inspaction Reason Lcaase Number RODMELL A & MCNAMARA E WARNING: Owner Name " " (G13)982-51 Violations in the operation of your establish Ba68 SUBPORT GIANT JERSEY SUBS _ Area Code/Telephone Number Business Name Inspection Result 2 : 09/18/2006 08:00 AM 20007 lumber of Unile Cafiback Date/Time License Expiration 14932 N DALE MABRY HWY TAMPA, 335181814 “ Address / Gily / State / Zip sate. fem 03: Food Temperatures fem 53a: Cart, Food Managars Vom 20: Warewashing Sanitization | Item 45: Fire Extinguishers and Fire be seam unieweein mei be Deonae r Manager Name; Alex Redmell Saniizer Type: Net Set Up found at [A Hood Suopmenion ype Fire Gxtingelstyr, Ready t eatPHF, walk in cobler, 28 ugrass F, | COMification Date: 12/11/02 Certified | concentration of 0 PPM, rhc Be eee ree ten fan pent 16. 80-PHF, ronch in cole, 37 Degrees | by: Thompson Prometrics kitghar how a chnifigation dave of TAOS Randy 10 #at-P HF. roneh in cooler, 37 Degree NOTE: items marked above with an asterisk (*) indicate a violation inspectors Comments ater Source: Municipal/tihy, Sewage: Municipal/Utlity. Provided Web Site: www.myfiorids.com/dbpr lacknowladge recelpt of this Inspection form and comments. 08-18-06 Date Signature of Reciplent Inepacior Signgture Reciplent Kristy Kuzied For funher Information please contact: Title worker Rich Decker 850 487 1395 Phone; SEZ S858 STATUS PHF TEMPERATURE CONTROL *O1a Approved source “03a Cold food at proper temperatures during storage, [Im *O'ib Wheleseme, sound condition display, service, lout “02 Original contalner, property labeled, date marking fe ___ “036 Hot food at proper temperature ‘02-13 Consumer advisory on raw/undercoaked animal SOURCE *04 Faclitias to malnbaln proce ternperature: 705 Thermometers provided and conspicuously placed "06 Potentially hazardous foods properly thawed Viotatlons marked wih am asierisk are critics! violations. hems marked ih ara In compflance. items Marked OUT ore violations, Soerile details of vigtitlon are listed on BFR Form HR 5022-016 B Jul 12 2007 11:43 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE 9/17 EXHIBIT B Page z STATE OF FLORIDA see EAT mt 1038 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 5. tase Name DIVISION etd on econ ANTS a ‘lant JERSEY SUBS FOOD SERVIGE INSPECTION REPORT 08/18/06 02:07 PM Failure to comply with this Notica may Initiate an administrative SGN Tel aey fesuil in suspengien ar revoration of your lcange and fines, GARBAGE AND REFUSE DISPOSAL 33 Containers coverad, adequate number, insect and rede proof, amptied at proper intervals, clean 34 Outside storage ered clean, enclosure properly eonstrucied PHF TEMPERATURE CONTROL "07 Unwrapped or potentially hazardous fond not re-served OB8a Food protection during storage, praparaiion, display, service, transportation Ob Crogs-contamination, equipment, personnel, sicrage *08c Potential for cross-contamination; storage practleas; |__SATUS INSECT AND RODENT CONTROL damaged food segregated 35a Presence of insecte/rodants. Animals prohiblied POS Foods handled whh minimum contact 35b Outer openings protected from insects, rodent prog! 10 Jn use food dispensing utensils property sipred STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL Out (36 Floors properly constructed, clean, drained, coved In +44 Personnel with Infections restricted Out 37 Walls, cellings, and attachad equipment, constructed, oul “12a Hands washed and clean, qood hyglanic practices ictean . (observed), aherative operating plan Out 8 Lighting provided as required. Fixtures shielded In "12b Proper hyglante practices, aating/drinking/smaking 9 Rioonts and aquioment- vanted as required {evidence} STATUS. OTHER AREAS Out 13 Clean clothes, hair restraints 40 Employsa lockers provided and used, clean. STATUS FOOD EQUIPMENT AND UTENSILS Out ‘418 Toxic items properly stored Out 14 Food contact surfsces designed, constructed, Ih '41b Toxic items labeled and used properly . fiairtained, installed, located Out 42 Premises maintained, tree of fitter, unnecessary anicies. Out 15 Non-food contact surfaces designed, constructed, Cleaning and maintenance equipment property stored, maintained, inatalted, located Kitchen restricted to authorized personnel 45 Dishwashing facilities designed, constructed, operated -[43 Completa separation from fiving/sleeping area, laundi 1. Wash 2, Rinse 3. Santize 44 Clean and solled linan segregated and properly stored “17 Thermometers, gauges, test kits provided STATUS SAFETY 18 Prefiushed, scraped, soaked Out +45 Fire extinguishers - proper and sufficient 19 Wash, rinse water clean, er temperature: 46 Exiting system - adequate, fyaod repair "203 Sanitizing concarttration Out '47 Electrical wiring - adequalé, qoad repair *20b Sanitizing temperetra roperly Installed, maintained it 211 Wiping cloths clean, used properly, stored 49 Flammable/combustible materials - properly stored in "22 Food contact surfaces of equipment and utensils clean [| STATUS GENERAL maa 23 Non-food contact surfaces clean 50 Current license properly displayed. [pa Storage/handling of clean equipment, vignstls 83 Cher conditions sanitary and safe operation STATUS: SINGLE SERVIGE ARTICLES "32 False/misleading statements published or advertized 25 Garvice Hems properly stored, handled, dispensed relating to food/beverage 26 Single service articles not re-used In *Saa Food management certiicatton valld WATER AND SEWAGE/PLUMBING "27 Water source saf, hot and cold undar pressure "28 Sewage and waste water disposed propert: 29 Plumbing Installed and maintained 54 Floride Claan Indoor Alr Act 55 Automatic Gratuity Notice 56 Copy of Chapter 509, Florida Stetutes, available *30 Cross-connection, back siphonaga, backflow STATUS GENERAL STATUS TOILET AND HANDWASHING FACILITIES | ____ |g? Hospitattty Equation Program Information provided *3t Tollet and handwashing facilities, number, convenlent, designed, Installed 32 Rastroome with sell-closing coors, fixtures oparaie . properly, facility clean, supplied with handsoap, disposable towels or hand drying devices, tissue, coverad waste Total Number of COS Violations: Totat Number of Repeat Violstians: 7 Vieinfions marked with an asterisk are criigal violations. ims marked IM are In cormptlance, Homs Marked OUT are violations. Spectle setalis of vielation re listed on subsequnm pages. Hams marked N/A are Mat Applicabla, ams Marked Ba RUC ate Not Observed, and were nol being canducted at tha Ume of inspection. : DBPR Form HR 5022013 Jul 12 200? 11:44 arf/l2/2667 11:38 8564146749 DBPR OGA PAGE 18/17 Page 3 Li Ni ; STATE OF FLORIDA ee SEAT meet 1038 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 5 5008 jane DIVISION Se acme NT? SUBPORT GIANT JERSEY SUBS Inspeation Date FOOD SERVIGE INSPECTION REPORT . Vige Insorons 08/18/06 02:07 PM Failure to comply with this Notice may Initate an adminierativa complaint that may reeult in auepansion or revocation of your Heanse and fires. Warning(=}: Wome Observed food employee touching teady-to-ent food with thelr bare hands and the estabfishment had ne approved Alternative Operating Procedure, Repeat 13494:0bserved employee with po helr restraint. 2810-1:Light sot functioning, 4 comparumant sink anos, 47131 2Cireut breaker box blocked and/or inaereenible, $4-47-1:viping cloth chlorine sanitizing solution not at proper minimum strength. Tested at O ppm A1Ad2:Obsprved toxic tem storad by food and utonsile by 3 compartmert sink, 56-14, 4:Observed qrease accumulated unders compartment sink, $2-05+1 Observed storage of maintenance 200s In areas (hat mey ragult In cross-contamination. OBA-28-1:Obsarved fond stored on floor, einside cooler and Inside cacter. QBA2S-4:Observed uncoversd food Inwatk In ceoter holding untvdry storage area. 14-02-1;Obgerved galvanized metat in contect with foods, garbage can 38-10-1-LIght net functioning, {hiezar. 1&1 iidolllas, pallets, soda racks of skids used te stare or transport packaged food not designed fo be moved easty to allow (or dleaning access, 37.08-1:0be0rved wall solled wilh sccumutsted ipod debris, (ron counter 44-32 TObserved shales in peor rapair, Shelves al front counter have paint peeling. 14-29-1:Observed agtabistment using sponges on cleaned and sanilized, of in-use (ood-cantact surface. Be4-t:Observed dumpster averfawing garbage. S9-16-1:Observed open dumpster lid. 37.02+1:Observed wall in digrapalr, by back door. BPR Form HR 5022-015 Jul 12 200? 11:44 PAGE 11/17 ar/l2/26e7 11:38 8584146749 DEPR OGA EXHIBIT B Page 4 Li Numbel STATEOF FLORIDA | SEAT ae 1039 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Name DIVISION OF HOTELS AND RESTAURANTS: wow. myforids.com/dippr SUBPORT GIANT JERSEY SUBS Inspection Date FOOD SERVICE INSPECTION REPORT 09/18/06 02:07 PM LEGAL NOTIGE Fallure to comply with thie Notice may Initiate an adivitnistrative complaint that they reaullt if euepenelon of revacation of your Ncansa and fines, 45.36-1:Hood suppression system tag out-of-date, Laétteg date fs 7/05 This vielstion musiba cortactad by | 8/1 aie. 4547-1;Portabin fire extinguisher tag out-ohdate. Last tag date i 7/05 Thie violation must be corrected by : 9/18/08. 536-08-1!No proof of required employee training provided. All public food service establishmarts must provide the division with proof of employes training upon request, Ineluding. Gut nat limited 19, at tha tite of any division Inspection af tha asiablshment. This vilatlon rust be corrected by! 118/08, S7-19-7:0bserved motdywater damaged calling tas O2.07-1:Obsarvad processed rendy-io-ent, pplentially hazardous food held more then 24 hours not properly date marked after opening. 02-13:Consumer advisory on fewrundercookad animal products O404-+:Dbserved bare hand contact of ready-to-aat food hy employees and establishment has no aporaved Altermative Operating Procedure tn effect, DBFR Form HR 3022-015 Jul 12 2007 DEPR OGA 11:44 8584146749 PAGE 12/17 arfl2/2ae7y 11:38 EXHIBIT B Paga 7 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dipr CALLBACK INSPECTION REPORT LEGAL NOTICE Failure ta comply with this Notice may initiates an administrative complaint that may resuft In suspension or revooatlon of your Heetae and Anes. 09/24/06 03:54 PM. Waming 5911039 SEAT Callback inspection Oste and Time Ingpection Reason License Number RODMELL A & MCNAMARA E Time Extended a {873)862.5658 Ownar Name Area Code/Telephone Number SUBPORT GIANT JERSEY SUBS. Businaes Name Inspection Result 40 71/18/2006 08:00 AM De er2006 Number of Units Requested Calthack Date/Time (nittal Warning Dale 14032 N DALE MABRY HWY TAMma, 336181814 Address / City / State / Zip / etc, Commants he following hem/s) have been recommended ior Adminitrative Complaint; folation: 45-47-1 fontabla fire extinguisher tag out-of-date. Last tay date i 7/05 This violation musi be corrected by ; 9/18/06, Holmlian: 45+28-4 ood suppression sysiem tag dut-of-dara, Last tag date Is 7/06 This viotatlan must be conectad by : 948/08, tolatlon: 37=18-3 bsarved matdyfwater damaged cefing thes yD, alo IR Peete: ‘ LAL EE 9721/06 ~ a Date Signature of Reciplent Inspector Signature . For further information please contact: Recipient Blizebeth MeNanara ich Decker Tite co owner 880 487 1295 Phone: 962 5958 DBPR Porn 4A 5022-005 Jul 12 200? 11:44 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE 13/17 EXHIBIT B STATE OF FLORIDA Licansa Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 321109 DIVISION OF HOTELS AND RESTAURANTS Business Name www myfiorida com/dbpr SUBPORT GIANT JERSEY SUBS Inspection Date CALLBACK INSPECTION REPORT LEGAL NOTICE 09/21/06 03:54 PM Failure to comply with til Notice may initate an administrative complalnt that may reault in suspension or revocetion of your Hcense and thes, lotmitan: 37-03-1 beerved wall in dierapalr, by back door. jolation: 15-154 ios, pallets, sode racks or akics used (9 store or transport packaged food nol designed io be moved easily io allow for gearing access, fatlon: 14=33-1 : bserved shelfes in poor rapalr. Shelves st front counter have palni peeling. iotatlon: 1420-4 bgerved asteblishment Using sponges on cleaned and sanitized, or in-use food-contact surface, lalation: 13-03-1 beerved employee with no hal: restraint, lotion: 124-22-4 beorved food employes touching ready-to-eat food with ther bara hands and the ostablehment hee no approved Allarnntva Operating Procedure. Ropem Violation. jabatlon: 08-014. beerved bare hand contact of nemdy-(o-eat food by employess and establishment has no approved Alternate Oparaling Procedure in effect. jolation, OBA-28-4 bearved food stored en floor, outside cooler and Inside cooler, jointion: 02-13 fonsumer achisory on raw/underasoked animat products olation: 02-07-71 hoerved processed Frady4o-2et, potentlatly hazerdotss food held more than 24 bours not properly date marked afer opening, ithe following Rem(s) have bagn recommended for Time Extension: Motetion: 538-08-1 lg pro! of raquired employee training providedt All public food sarvice establishments must provive the divigion with proof of employes training upen request, Ineluding, but hot fretted ta, at tha time of any division Ingpaction ofthe establlehment. This viniation must ba corrected by ; 14/1R/06, DEPR Fort Hl 5022005 Jul 12 200? 11:45 8584146749 DEPR OGA PAGE 14/17 arfl2/2ae7y 11:38 EXHIBIT B Page 3 STATE OF FLORIDA License Numbor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT . 2911039 DIVISION OF HOTELS AND RESTAURANTS Butiness Name wrawumiyflorida com/dbpr SUBPORT GIANT JERSEY SUBS CALLBACK INSPECTION REPORT thapection Date OB/21/08 05:54 PM LEGAL NOTICE Fathire to comply with this Notice may Initata an adminietrative complaint that may resuit In euspaneion.or revocation ef your Hansa std fines. ‘he fonlewirig tema) ane in compliance: fation: 47-13-41 eult breaker box blocked andlor inaceess|bie. lation: 42-08-12 bseved storage of maintenance tools in aregs that may result in cross-contamination, tation: 41A2.4 bserved toxic tem stoned by food and ulenslts by 3 compartment sink, lation: 38-10-41 ight not functioning, freezer. hilation; 38-10-71 ight not functioning, 3 compartment sink ses. lotalion: 37-05-41. ved wall sofled with aecumulatéd food debris, front counter. otation: 36-13-1 brerved grease accumuisiad under3 compartment sink. iolavion: 33-16-1 bserved open dumpeter fd. lolation; 223-42-4 bserved dumpster overfiowlng garbage. AGiation: 21-4467 Ing cioth chlorine senttizing solution not at proper minimum strength, Tesled er & ppm ' ovation: 14-03-14 eerved galvanized melal in contact with foods, garbagecan lotatlon; O84-23-7 OBPR Form HR 2022-005 arf 12/2887 11:38 Jul 12 200? 11:45 8584146749 DEPR OGA PAGE EXHIBIT B Page 4 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT — 3911030 DIVISION OF HOTELS AND RESTAURANTS Busines Neme ‘wow. myfaridia.comidapr SUBPORT GIANT JERSEY suas Inspection Oeie CALLBACIC INSPECTION REPORT LEGAL NOTICE 09/21/06 03:64 PM Fallure to comply with this Notice may initlate an administrative complaint that may reault in suapension or revocation af your leanse and fines, beervad Lntevetéd food inwalk in coular holding univdry storage area, DOBRA Form HP 5622-005 15/17 ar/l2/26e7 11:38 8584146749 DEPR OGA STATE OF FLORIDA Jul 12 200? 11:45 EXHIBIT ged DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS ANG RESTAURANTS PAGE 16/17 wu myflorida com/dbpr CALLBACK INSPECTION REPORT LEGAL NOTICE _ __ Falfura to comply with this Notice mey initfate an administrative complaint that may result in suspension or revocation of your lleanse and fines. 11/24/08 06:25 PM Warning 3913039 SEAT Callback Inspection Date and Time Inspection Reason License Number GODMELL A & MCNAMARA E ADMINISTRATIVE COMPLAINT (213)962-5558 Owner Name Afea Coda/Telephone Number SUBPORT GIANT JERSEY SUBS Businasa Name Inspection Result 40 oaet2008 Number of Units Requested Gallback Date/Time Initiat Warning Date 14932 N DALE MABRY HVVY TAMPA, 336181814 Addraes / Clty / State/ Zip / ete. Comments he following tem{s) have baen recommended for Administrative Camplemnt: fatation, 46-41-41 ortabia fire extinguisher tag out-of-date, Last (ag date in 7/05 This violation must ba corrected by : 9718/06, Mictation: 45-96-1 Niglation: 37-121 Dbserved moldyAvater damaged calling tes Holetlon; T7aOae7 peeves wall in digrepal, by back door. 1125706 | Erplent aeree Date Signature of Recipient Reciplent: Uz McNamara "Tite mgr Phone: 962 S958 DAPR Form HR 5022-005 Hood suppresaton system lag out-of-date, Last top data ie 7/05 This violation must be coracted by: 5/18/06, For further Information please contact: Filch Decker Sr Santatatla & Safety Spee 3725 W Grace St, 620 Tampa, PL 33607 450 487 1395 Jul 12 200? 11:45 arfl2/2ae7y 11:38 8584146749 DEPR OGA PAGE 17/17 EXHIBIT B , Page 2 STATE OF FLORIDA License Number DEPARTMENT OF SUSINESS AND PROFESSIONAL REGULATION SEaT = 3af1088 DIVISION OF HOTELS AND RESTAURANTS @uciness Name waw.mnyfiotida.corvdupr - SUBFORT GIANT JERSEY SUBS CALLBACK INSPECTION REPORT Inspection Date 71/29/06 OB:25PM LEGAL NOTICE Fallure ts comply with this Notice may Inidate an administrative campiaint that may result In suspension of tevocatlon of your (lrenee and ines, lation: 135-4 follies, paliels, Soda racks of skids uSad to Store oF Iransport packaged food not designes to be moved easily to allow for cleaning access, Notation: 14-23-1 beanved shelfes in poor rapatr. Shaves at ont counter have paim peeling. fotation: 14-291 bsarved establishment using sponges on cleaned and sanitized, of In-Wes food-cortad surface. lolation: 1303-1 beerved employee with no halr restraint. iofation: OS-Q4=1 bserved bare hand contact of ready-to-eat food by employees and establishment hes no approved Atiernetlve Cparating Procadure In eftact. idotion: 02-13 ionsumer advisory on rawundarcooked animal products following items} are In compllance: lation: BEBE | lo proof of required employee training provided. All public food service establichmems must provide the divisian whh preofat employee training upen request, Including, but ot limited ta, et the time of any division Inspection of the sstablishment. This violation must be corrected. by 17/18/06, iglation: 12A-g2-1 served fond employes touching ready-tc-eal food with thelr bare hands and the establishment has no approved Allgrnatlve Operating Procedure, Rapedt Violation, iplation: OBA-28-7 Dbserved food! stored on floor, outside cooler and Inside cooler, iotation: O2-07=1 heorved processed rasdy-io-eal, potentially hazardous food hatd more than 24 hours fot property date marked afer opening. L DBPR FormHR 5022-005

Docket for Case No: 07-003142
Source:  Florida - Division of Administrative Hearings

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