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: Jan. 10, 2025
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
Issue Date |
Proceedings |
Sep. 26, 2007 |
Letter to parties of record from Judge Manry enclosing Petitioner`s Exhibits 1 through 4 and Respondent`s Exhibits numbered 1 and 2.
|
Sep. 26, 2007 |
Order Closing File. CASE CLOSED.
|
Sep. 24, 2007 |
Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 20, 2007 |
CASE STATUS: Hearing Held. |
Aug. 01, 2007 |
Petitioner`s Exhibit List filed.
|
Aug. 01, 2007 |
Petitioner`s Witness List filed.
|
Jul. 20, 2007 |
Order of Pre-hearing Instructions.
|
Jul. 20, 2007 |
Notice of Hearing (hearing set for September 20, 2007; 9:30 a.m.; Tampa, FL).
|
Jul. 18, 2007 |
Joint Response to Initial Order filed.
|
Jul. 12, 2007 |
Initial Order.
|
Jul. 12, 2007 |
Administrative Complaint filed.
|
Jul. 12, 2007 |
Election of Rights filed.
|
Jul. 12, 2007 |
Agency referral filed.
|