Jul 20 2007 12:40 DEPR OGA PAGE 4/14 rf 28/2087 12:36 8584146749 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VE, \ License No. 6903817 QUIZNO'S SURE e ent Licanse Type 2010 spondenit. Case No. 2008066017 i ADMINISTRATIVE COMPLAINT : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Petitioner’), files this Administrative Complaint against QUIZNO'S 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 herete, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 150-180 W. LAKE MARY BLVD, SANFORD, FLORIDA 32773,The mailing address of record is QUIZNO'S SUBS, at PO BOX 916555, LONGWOOD, FLORIDA 32791-6555, . 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 axpense at an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, or refusal of 2 licanse issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed December 05, 2006 « Valerie Freeman, 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. 0153831 . Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE . BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: t HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2008. Recelved by: Inspectors Signatura Operators Signature Title Title Case Number, 2006066017 District Number: 04 License Nurnber: 8603817 2010 Form ravited 10.10.06 QUIZNO'S 3U85 Jul 20 2007 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 45/14 Exhibit A License Number: 6903817 . License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2006086017 FC as cited herein references specific provisions of the Food Gade, Recommendations of the United States Public Health Service, Food and Drvg Administration, incorporated by Chapter 41C, 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-J, Fire Prevention, General Provisions, Florida Administrative Gode, and 610-1.004(5}, Florida Administrative Goda. * denotes a critical violation. It is alleged that on August 11, 2006, September 19, 2006, November 14, 2008 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 reporl{s) for the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B. 7 * 41, 53A-19-1 810-4,023(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 BASIG 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 5 VALID FOR A PERIOD OF FIVE YEARS FROM THE DATE OF ISSUANCE. THE FOOD MANAGER CERTIFICATION WAS EXPIRED. 2,54-13-1 609.213(1) FS: (1) EVERY PUBLIC FOOD SERVICE ESTABLISHMENT SHALL POST A SIGN WHICH ILLUSTRATES AND DESCRIBES THE REIMLICH MANEUVER PROCEDURE FOR RENDERING EMERGENGY FIRST AID TO A CHOKING VICTIM IN A CONSPICUOUS PLACE IN THE ESTABLISHMENT ACCESSIBLE TO EMPLOYEES’. THERE WAS NO HEIMLICH MANEUVER SIGN POSTED. * 3.30-02-1 5-203.44FC: 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 A HOSE BIBB iF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE IS NOT ATTAGHED 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. 74. THERE WAS NO VACUUM BREAKER AT THE MOP SINK HOSE BIBB. * 4,45-40-1 61C-1.004(9)(B) FAC AND NFPA 10, 6.3.4: A STANDARD STATE APPROVED SERVICE TAG SHALL BE ATTACHED TO EACH EXTINGUISHER AND A PERSON HOLDING A VALID STATE - PERMIT ISSUED BY THE STATE FIRE MARSHAL SHALL RECHARGE OR INSPECT THE EXTINGUISHER AND SHALL PREPARE THE TAG TO INCLUDE THE INFORMATION REQUIRED BY RULE 4A-21.241, FAC, HEREIN ADOPTED BY REFERENCE. MAINTENANCE RECORDKEEPING. EACH FIRE EXTINGUISHER SHALL HAVE A TAG OR LABEL SECURELY ATTACHED THAT INDICATES THE MONTH AND YEAR THE MAINTENANCE WAS PERFORMED AND THAT IDENTIFIES THE PERSON PERFORMING THE SERVICE. THE PORTABLE FIRE EXTINGUISHER HAD NO APPROVED INSPECTION TAG. * denotes critical violation District: 04 Case Number: 2006066017 License Type: 2010 License Number: 6903817 File Numbar; 176462 QUIZNO'S SUBS Jul 20 200? 12:41 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 46/14 STATE OF FLORIDA — ros EXHIBIT B CALL BACK TNEPECTION REPORT LRGAL NOTICE Faljure to comply with thts Notice iny initiate an adeninietrative compiahit that may reamit In suapension of revocation of your beenes und fines. en038i7 SEAT Pena 02:22 PM —_ —_ SANFORD FOODS, LLC ieee niber QUIENO'S SUBS Bushes Ame co) op/ie/anee. imap Fidniber of Unk ia bate 150-160 W, LAKE MARY BLVD SANFORD, 22773 following Heni{s) have beer recommended for Adminktrative Complaint: y SAL So bie'ved exind Food Manager Certification, This violation must be corrected by i 14/14/06, Stewen Danaher tea'not renew food manager certificato, ft BEd : Heimiich maneuver sion ported. 1-14-06 arbane pT Rachybi i Signature: om 5 sin " s For further leformetion plense bontact: Raclptatit: Ackeazks Cot wach et Tite PIC Sankation wnd Safety Speciallat 400 W, Hoblnsen St B02N , Oriande, Rorkts 32001 Phone: 407 936 7B49 50487-15995 OSPR Pot HR Haca-fx5 Jul 20 200? 12:41 rf 28/2087 12:36 8584146749 DEPR OGA PAGE a7/ld Pago? (conse Number . STATE OF FLORIDA SEAT 903817 DEPARTMENT OF BUSINESS AND PROFESSIONAL DIVISION OF HOTELS AND REXT, BIT B Os Wewunypforida.com/dbgr QUIgn os Inopention Ly GALL BACK INSPECTION REPORT . LEGAL ROTiC# 14/14/06 02:32 PM Faure te comply with this Notice ntay initiate ar adnlnlerrative complaint that may result In suspenalon or revocation of your Beate and fires. ° yn Roflcrevig Rbedri(a) ares it compeance: nt 41 : fire extingutsher mt property mourned mt heinat 4 Inches off the floor and the top no higher than 5 feet off the floor, Hon: 3704-1 Ming tiie mtbkehng iA dining mene, > SEY ved floor and wall junctures net coved, Cove mokfiag, missing undar prep eink. on: 32-00-1. uncovered receptacle in women's bathroom. * thon: 22-17-1 ved sailed rench-In colar gaakats, LHI hmerved pitdattafacals on cold holding unit for sandwiches ih poor repair. Jul 20 200? 12:41 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 8/14 Page 1 STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wew. myforide.comidbpr CALLBACK INSPECTION REPORT Evin LEGAL NOTICE By T Frillurn to comply with this Notices may inlet an administrative complaint thet may result In suspension or revocation of your leone and fines. 09/1 " Waring 6503817 SEAT. Callback Inspection Date and Time Inspection Reason License Number SANFORD FOODS, LLC Time Extended Owner Name \ Area Gotie’Telaphone Number _ QUIZNO'S SUBS . Business Name Inspectlon Result 43 11/44/2006 03:00 AM " Bet2/06 Number of Units Requested Calback Date/Time Initlal Waring Bate 160-160 W. LAKE MARY BLVD SANFORD, 92773 Address / City / Stata / 2ip/ ete. Comments Time extension for Managers Certified Facd Managers ffha fallowing hem(a) have been recommended for Administrative Complaint: Nation: 45-404 ‘ortable fira extinguisher with no approved inspection tag. ‘ This violation must be corrected by : 9772/06. Wiolafion: 45-391 Portable fire extinguisher not properly mounted at least 4 inches off the floor ond the top no highar than § feet off the floor. inlation: 32-10-41 9/19/06 \ a , Inspector Signature me Recipient: sane argue en For further wwormaton ploese contact Kathryn Mant! Title PIG Sanitation and Safety Spacialist 400 W. Robinsan Phone: 407 9367848 - St 802N Orlando, Florida 32801 850-487-1395 DBPR Form HR $022-D05 Jul 20 2007 12:42 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE @g/1d4 Page? STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT §909817 DIVISION OF HOTELS AND RESTAURANTS Business Name ww. riyfienida.com/dbpr QUIZNO'S SUBS Inspection Date LBACK REPOR, CAL INSPECTION T 05/19/08 11:59 AM LEGAL NOTICE Eallure to comply with thie Notics may initiate an administrative complaint that may result suepension or revocation of your icanse and fines. bsatved uncavared receplacis in woren's bathroom. lation: 30-02-41 acuum breaker mising al foae Sibb at mop sink. latory; 28-174 Ybaerved soiled neach-in cooler gaskets, followitig item(s) have bean recommended for Time Extonglon: jolation: 534-19-1 baervad expired Food Manager Corification. This violation munt be corrected By ¢ 1114706, noletion: S1-13+1 io Haimifch maneuver sign ported. olatlon: 2201-4 jing tile missing in dining room. Tolation: Ja-06-7 bearved floor and wall junctures nat coved. Cova molding missing under prep sink. lolation: 14-26-17 bserved gaskate/senls on cold holding unit for eundwiches in poor repair, a following item(s) are In compliance: elation: $1-18-4 9 copy of latent Inspection report ovation: 36-151 bearved food debris accurulsied on floor under equipment, iglation: 23-02-1 : beerved build-up of grease on conveyor oven filters. folation: 22-194 OBPR Form HR 5022005 Jul 20 2007 12:42 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 1@/1d4 Page 3 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEAT 8903817 DIVISION OF HOTELS AND RESTAURANTS Buginess Name Wweewramfiariia.comidbpr QUINO'S SUBS CALLBACK INSPECTION REPORT napection Date LEGAL NOTICE 09/18/06 11:89 AM Failure to comply with thie Notice may Initiate mn scministnsive complaint that may nasult In auspansion ar revocadan of your license and Anes. bserved upper Interior of mlorwave aniled. polation: 1-12-41 fal wiping cloth not stored in sanitizing xolutlon between Uses, lation: 21-051 baerved soiled dry wiping cloth In wee, folation: 17O7=1 jo chamlcal teat Ki provided when using chemical sanitizer at threeecompartment ainkwareweshing machine. EX Hl B j folation: 14-37-4 ‘ r B bserved grey culling hoard groaved/altted and ne lenger clearable. elation: 42B-D74 bserved an open beverage contalner on # food preparation table or evedherdt la clean aguipmentiutenslis. Nation: OBA-28-1 basrved box of lattice stored on waik in cooler floor. vation: OF-08-7 io thermometer provided to measure temperntura of food product, OBPR Form HR S022-005 Jul 20 2007 12:42 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 11/14 STATE OF FLORIDA rose" EXHIBIT B DEPARTMENT GF BUSINESS AND PROFESSIONAL REGULATION PIVISION OF HOTELS ANP RESTAURANTS wew.myficrida.com/dbpr FOOD SERVICE INSPECTION REPORT : : LEGAL NOTICE Failure to comply with this Notice may Initlate an administrative complaint that may feault in auspansion or revocation of your Iiesrise and fines, OBA06 03:07 PM Routine 8g) SEAT Inspection Daté and Time Inspection Reason License Nurnber SANFORD FOODS, LLG WARNING: Owner Name 407 QUIZNO'S SUBS voions in the operation of your establish rea Gode/Talophane Number Business Nama tngpaction Rosa 48. 09/12/2006 08:00 AM ania? Number of Units Callback Deta/Tine License Expiraiion 150-160 W, LAKE MARY BLVD SANFORD, 32773 Address / Citys Zip f ate, ltam 03; Food Temparaturas tiem 53a: Cert, Food Managers ftam 20: Warewashing Sanitization Fire Extinguishers and Fire Turkey, walk i cooler, 21 Degroes F. “Manager Name: Stevan Danaher | Sanitizer Type: Quatemary Pooy one aoc rr hal a Certification Date: 1/23/01 Certified | Ammonium found at concentration Maarhatia, stanm tablestaln mate, 187 by: National Raglsiry of Food Safety | of 200 PPM. Degrees F, Tune salad, ragch In cooler, 43 Degrees F. Professionals chit hot hold, 175 eprom F, Chicken noodle, hot hald, 174 Degrees F NOTE: Reme marked above with an asterisk {*) Indicate a violation Inspector's Comment: Dniy Two amployees working at ime of inspection. Both are new. Manager has 60 days from hire date te gat them cerified with food handlers. BHC with ATE foode, gloves in use, chapter $09 Pleas fax copy of fire extinguisher retag bill and certified food manager card to 407 317 7839 attention Kathryn Mani. Include name of establishment. fater Source: Municipality, Sewage: Municipal/Wiility, Employees tained by Serva SafeProvided Wab Site; www. myflorida.com/dbpr Lacknowladiga recalpt of this Inspection form and comments, 08-11-08 Signature of Recipient Inspector Signature Bete a 7 Recipient: Jesmine Argueta For further information please contact: Title PIC Kathryn Mant Sanitation and Safety Spactaitet 400 W, Robinson St Phone: 407 936 7843 850-487-1395 STATUS SOURCE PHF TEMPERATURE CONTROL *O1a Approved source "038 Cold food at proper temperatures during storage, *O1b Wholesome, sound condition display, service, — 7 *O2-13 Consumer advisory on rawhmderesoked animel 06 Eolentlally hazardous ode properly thawed Violations tharked wilh an zsierigk areeritieml violations, tame marked IN are in compliance, Kems Markod OUT are \olations. Specific dotaile of viniatlon ata [rad on DePR Form HR 5022416 Jul 20 2007 12:42 rf 28/2087 12:36 8584146749 DEPR OGA PAGE 12/14 Page 2 Li STATE OF FLORIDA comer oe 8817 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Nama DIVISION OF HOTELS AND RESTAURANTS , www.myflorde.comidepr QUIZNO'S SUBS r : i fon Date FOOD SERVICE INSPECTION REPORT nspection ALP LEGAL NOTICE /; T B Falture to comply with this Notice may inttlate an adrninistrative complaint that may result in suspension or revocation of your license and fines. STATUS PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISFOSAL In 07 Unwrapped or potentially hazardous food not reserved 33 Containers covered, adequate number, insect and rodent; ptoot, emptied at proper intervals, fear Out rife Food protection during storage, praparation, display, service, transportation 34 Outside storage area dean, anclosure properly constucted In MDAb Gross-contamination, aquinment, personnel, storage NP ECT AND BODEN] CONTRO: "353 Presence of Insecte/rodents, Animais prohibited Ings protected fram ingerts, rodent proof 10 Is uae food dispensing utensils properly stored STATUS FLOORS, WALLS, CEILINGS STATUS PERSONNEL, Out 36 Floors properly constructed, clean, diwined, saved ih 711 Personnel with infections restricted: Out a7 Walls, callings, and attached equipment, constructed, la *#2a Hands washed and clean, good hygienic practicas clean (observed), alternative operating plan |__ _ [38 Lighting provided as required. Fisturae shialted Qut *12b Proper hygiente practices, eating/drinking/emoking eee Rooms and equipment - vented as faquirad evidence) OTHERAREAS | ______|taClpanciothes, hairresteaints 40 Employee lockers provided and used, clean FOOD EQUIPMENT ANO UTENSILS in *4 1a Toxic tems property storad Out 14 Food contact surfaces destgned, constructed, tn 4th Toxic ema labeled and used property” 42 Premises maintained, free of iter, unnecessary articles, Ciaaning and maintenance équlpment aroparly stored. Kitchen restricted to authorized personnel maintained, installed, locates L "16 Diahwashing facilities designed, constructed, operated 43 Complete separation from llving/sleaping aras, lawned 1. Wash 2, Ringa 3, Sanitize : maintained, Installed, located 15 Non-food contact surfaces designed, constructed, [dag Clean and solled linen segregated and properly sored 17 Thermometers, gauges, testis provided =| STATUS | SAFETY, 48 Precflushad, scraped, soaked 45 Fire extinguishers = proper arid sufficient 18 Wash, rinse water clean, proper temperature °46 Exiting system - adequate, good repair 208 Sanitizing concentration "a7 Electrical wiring - adequate, goad repair | 20h Santizingiemperature "48 Gas appliances - properly installed, maintained Iai wining cfotns clean, usad properly, stored | _49 Flarnenable/combustibie materials. properly stored GENERAL 50 Curent ticanss property displayed 24 Storageyhandling of claan equipment, utensils Out 54 Other conditions aanitary and safe operation +82 Fatse/misteading stetaments published or advertised | __]25 Serviga tams properly stored, handled, dispansed relating to fond/beverage [ [26 Singla service erties notrewsed STATUS t53b Employée training validallon g sed art : 29 Flurbing instahed and mainteined 56 Copy of Chapter 609, Florida Statutes, available +30 Cross-connection, back siphonage, backflow STATUS GENERAL [ee Hospitality Education Program Infomation provided 34 Tollel and handwashing facilities, number, convenient, Gasianed, Installed Total Number of COS Violatlons: "29 Restrooms with salf-cissing doors, fixtures operate properly, fachity clean, suppilled with handspap, disposable Total Number of Repeat Violations: anil i] towels or hand drying devices, asia, covered waste Vioiations marked with an aaterisk are eritieal violations, Name marked IN are in complience. name Marked OUT are violations. Spacific datalls of violation are listed on subsequent pages, {tem marked N/A are Not Applicable, Items Marked a3 NYG are Not Observad, and were not balng conduciad at the tine of inspection, DOPR Fann HR 8022-015 Jul 20 2007 12:43 arf2e/28e7 12:36 8584146749 DEPR OGA PAGE 13/14 Page 3 STATE OF FLORIDA aaa ainiton 7 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Business Nama DIVISION GF HOTELS AND RESTAURANTS QUIZNO'S SUBS wew.nyflorida.convdbpr F me b nepaction Date FOOD SERVICE INSPECTION REPORT ress Da/71/08 03:07 PM LEGAL NOTICE Fallura to comply with this Notles may Initate an adiniifetrative complaint that may reeuit In suspension or revocation of EXATEIT B Warning(s): S3A-19-1:Observed explrad Food Manager Cantiication. This violation must be cormactad by : 11/14/98. §1-18-4:No copy of latest inapaction report. 30-02-1:Vecuum breaker enising at hore Bibb at mop lnk. 45-40-1:Ponable fire exiinguighar with no approved inspection ing. This violation must be cormactad by > B/12/06. 45.39. 1;Portable fire axtinguleher not property mounted at lonet 4 Inches aff the floor and tha tap na higher then G fect off the floor. O8A-26-1:Obaerved box of lettuce stored on walk in cooler floor. 14-37-1 ‘Dbaerved grey culting board greqvad/pitted and no longer cleanabla, 74.361 :Cbserved gaskets/seals on cold holding unit far sandwiches fn poor repair. 96-15-1: Observed food debris scoumleted et fear unday equipment. 24-031: bserved polled dry wiping ctoih in use. 24-12-17: Wet wiping eteth not stored In sanitizing solution hatwaen ps8, 23-03-1:Observed bulid-up of grease on conveyor oven filters. 22.79-1 Observed uppar ininrior of microwave soled. 36-08-1:Obaerved floor snd wall Junctures nat coved, Cove mokding miseing undé prapaink. 37-01-1:Calling tite missing in dining rode. 22-17-1;0bsetved rolled reach-In coolar gaakere, 4128-07-1;Observed an open beverage comalner on a food preparation table or overmnest to clean equipmenvulensig, S1-13-4:No Heliniieh maneuver sign posted, sat: bsorved uncovdred Mceptacie In women's bathroom. O5-08-1:No therorreler provided to maasunt temperalure of food product, DEPR Form HR 5022415 Jul 20 2007 12:43 ar/2e/2887 12:36 s58d146749 DEPR OGA PAGE 14/14 ; Page 4 License Number STATE OF FLORIDA SEAT 6003817 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION p./.:a9e Nama DIVISION GF HOTELS AND RESTAURANTS QUIZNO’S SUBS www. nnyforide.com/dbpr FOOD SERVICE INSPECTION REPORT Inspection Pe Vice SPECT 08/11/96 04:07 PM Fatkwe t comply with this Notes may Inflate an actministrative complaint that may result In suspension or ravocation of your license and fines, 17407-7:-No chemical test kR provided when uaing chemlce! sanitizer at three-compartmant sinkwarawashing machine. EXHIBIT B DaPR Form HR 8022-015

Docket for Case No: 07-003373