B6/ 85/2888 8:59 8584146749 DEPR OGA Jun 5 2008 7:59 PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. , License No, 6012501 JERSEY MIKE aoe dent License Type 2010 espana Gase No. 2008017740 _—__ DMINISTRATIVE COMPLAIN. The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against JERSEY MIKE'S SUBS, ("Respondent"), and says: : 1, Potitionar 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, Reepondent is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 931 VILLAGE BLVD, WEST PALM BCH, FLORIDA 33409, The malling address of record is JERSEY MIKE'S SUBS, at 931 VILLAGE BLVD, WEST PALM BCH, FLORIDA 39409. 3, Inspection af this establishment conducted pursuant toe See. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 502, Florida Statutes, and / or the rules promulgated thereto.governing operation of the establishment. The violation(s) found and applicable Jaw 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 af the following penalties: administrative fine not ta exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; suspansion, 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 Wpereto. ‘ Signed March 26, 2008 i Ken Buck, 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 Bat No. 0153631 Department of Business & Professional Regulation 1940 North Moriroe Sireet Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ; | HEREBY CERTIFY that a true and correot copy of the foregoing ADMINISTRATIVE COMPLAINT has been 08, hard served by me on this, day of , 20) Received by, Inspector's Signature Operator's Signature Title Tile Case Number: 2008017740 File Number: 138737 District Number, 02 Form revised 07.07.07. ‘Lleanse Number: 6012501 2010 JERSEY MIKE'S SUBS g5/16 Jun 3 2008 7:59 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGI é EF 86/16 Exhibit A License Number: 6012501 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008017740 “EC ag 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 Natlanal Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, "Fire Pravention, General Provisions”, Florida Administrative Code, and 61C-1,004(5), Florida Administrative Code. “«" denotes a critical violation. it is alleged that on December 27, 2007, March 6, 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 report(s) for the above referenced inspestion(s) are attached hereto and incorporated by reference 4s Exhibit B. * 4.01B44-1 3701.11(A) FC: (A) AFOOD THAT I$ UNSAFE, ADULTERATED, OR NOT HONESTLY PRESENTED AS SPECIFIED UNDER SECTION 3-101.11 SHALL BE RECONDITIONED ACCORDING TO ; AN APPROVED PROCEDURE OR DISCARDED. OBSERVED DENTED/ RUSTED CANS... STRIPPED PEPPERS (WALK-IN COOLER). . | USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, COLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) : TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (E) FOOD my TEMPERATURE MEASURING DEVIGE AND WATER TEMPERATURE MEASURING DEVICE ON ! WAREWASHING MACHINES SHALL HAVE ANUMERICAL SCALE, PRINTED RECORD, OR DIGITAL Jd READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE i OF USE. OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT... WALK-IN COOLER. * 5. 08A-28-1 3305.11 FC: FOOD STORAGE, (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) ! AND (6) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE i FOOD: (1) INA CLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR ! OTHER CONTAMINATION; AND (3) AT LEAST 6 INCHES ABOVE THE FLOOR. (B) FOOD IN PACKAGES i AND WORKING CONTAINERS MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON CASE | LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122, (GC) PRESSURIZED. I BEVERAGE CONTAINERS, CASED FOOD IN WATERPROOF CONTAINERS SUCH AS BOTTLES OR AND NOT EXPOSED TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR....CORNMEAL IN KITGHEN. Case Number 2008017740 File Number: 138737 Distriet Number: 02 Form ravised 07.07.07 Lieanse Number: 6012601 2010 JERSEY MIKE'S SUBS Jun 5 2008 €:00 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGE @7/16 * 4.97-16-1° 202.124) AND (B) FO: HANDWASHING FAGILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET. (B) A STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY. OBSERVED HOT WATER NOT PROVIDED! SHUT OFF AT EMPLOYEE HAND WASH SINK.,..KITCHEN. ~ 590-0641 5202.14 FC: BACKFLOW PREVENTION DEVICE, DESIGN STANDARD. A BACKFLOW OR BACKSIPHONAGE PREVENTION DEVICE INSTALLED ON A WATER SUPPLY SYSTEM SHALL MEET. AMERICAN SOCIETY OF SANITARY ENGINEERS (A.3.8.E.) STANDARDS FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, INSPECTION, AND TESTING FOR THAT SPECIFIC APPLICATION AND TYPE OF DEVICE. OBSERVED BACKFLOW! BACK SIPHONAGE DEVICE DOES NOT MEET CONSTRUCTION/ INSTALLATION! MAINTENANCE/ INSPECTION/ TESTING STANDARDS PRESCRIBED.,..MOP AREA. © 6.9247-1 6301.11 FC: HANDWASHING CLEANSER, AVAILABILITY. EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJAGENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. A. OBSERVED HAND WASHING CLEANSER LACKING AT HAND WASHING LAVATORY... KITCHEN. B. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS..,..KITGHEN. » 745-351 NEPA 1, 13.1.5 AND 10.2.2:; DETAILED RECORDS DOCUMENTING ALL SYSTEMS AND. EQUIPMENT TESTING AND MAINTENANCE SHALL BE KEPT BY THE PROPERTY OWNER AND SHALL BE MADE AVAILABLE UPON REQUEST FOR REVIEW BY THE AH. THE AHJ SHALL BE PERMITTED TO REQUIRE THE OWNER, OPERATOR, OR OCCUPANT TO PROVIDE TESTS OR TEST REPORTS, WITHOUT EXPENSE TO THE AH, AS PROOF OF GOMPLIANCE WITH THE INTENT OF THIS CODE. OBSERVED NO CURRENT HOOD FIRE SUPPRESSION SYSTEM INSPECTION REPORT AVAILABLE. + 8.46131 NFPA 101, 7.9.3.1.1:. TESTING OF REQUIRED EMERGENCY LIGHTING SYSTEMS SHALL BE PERMITTED TO BE CONDUCTED AS FOLLOWS: (1) FUNCTIONAL TESTING SHALL BE GONDUCTED AT 30-DAY INTERVALS FOR NOT LESS THAN 30 SECONDS. (2) FUNCTIONAL TESTING SHALL BE CONDUCTED ANNUALLY FOR NOT LESS THAN 1% HOURS IF THE EMERGENCY LIGHTING SYSTEM IS BATTERY POWERED. (3) THE EMERGENCY LIGHTING EQUIPMENT SHALL BE FULLY OPERATIONAL FOR THE DURATION OF THE TESTS REQUIRED BY 7.9.3.1.1(1) AND 7.9.3.1 A(2). OBSERVED EMERGENCY LIGHT DOES-NOT FUNCTION WHEN TESTED....KITGHEN. * 9, 53A4-01-1 509.039 FS AND 61 C-4.023(1) FAC:: ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. 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 MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. Gase Number: 20p8017740 File Number: 138737 . Distrlet Number 02 ‘Liganse Number: 8042607 2070 Form revised 07.07.07 JERSEY MIKE'S SUBS Jun 5 2008 8:00 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGE 8/16 + 40. 53B-08-1 509.049 FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD SAFETY TRAINING CERTIFICATE FROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN AGCORDANCE WITH THE DESCRIBED RULE TO ALL. EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE : LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 4, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDED. ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INCLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. District Number: 02 Case Number: 2008017740 File Number: 138737 Form revised 07.07.07 Uecense Number: 6012501 2040 JERSEY MIKE'S SUBS i serra _—_ Jun 5 2008 3:00 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGE é 69/16 Exhibit A License Number: 6012501 Licensa Type: 2010 PERMANENT FOOD SERVICE Case Number: 2008017740 FC as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative - Code. NFPA as cited hereitt references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 44-3, Fire Prevention, General Provisions, Florida Administrative Code, and @1C-1 .004(6), Florida Administrative Coda, * denotes a critical violation. [tis alleged that on December 27, 2007, March 6, 2008 the licensee was in violation of Florida Statute 509(F5) andior the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the following particulars. Copy(s) of the report(s) far the above referenced inspection(s) are attached hereto and Incorporated by reference as Exhibit B. © F.O1B14-1 700.11(A) FC: (A) A FOOD THAT IS UNSAFE, ADULTERATED, OR NOT HONESTLY PRESENTED AS SPECIFIED UNDER SECTION 3-101.11 SHALL BE RECONDITIONED ACCORDING TO AN APPROVED PROCEDURE OR DISCARDED. OBSERVED DENTED/ RUSTED CANS... STRIPPED PEPPERS (WALK-IN COOLER). * 2.05091 4-204.112FC:: (A)INA MECHANICALLY REFRIGERATED OR HOT FOOD STORAGE UNIT, THE SENSOR OF A TEMPERATURE MEASURING DEVICE SHALL BE LOCATED TO MEASURE THE AIR TEMPERATURE OR A SIMULATED PRODUCT TEMPERATURE IN THE WARMEST PART OFA MECHANICALLY REFRIGERATED UNIT AND IN THE COOLEST PART OF A HOT FOOD STORAGE UNIT. (B) EXCEPT AS SPECIFIED IN PARAGRAPH (C) OF THIS SECTION, COLD ORHOT HOLDING — FQUIPMENT USED FOR POTENTIALLY HAZARDOUS FOOD SHALL BE DESIGNED TO INCLUDE AND SHALL BE EQUIPPED WITH AT LEAST ONE INTEGRAL OR PERMANENTLY AFFIXED TEMPERATURE MEASURING DEVICE THAT IS LOCATED TO ALLOW EASY VIEWING OF THE DEVICE'S TEMPERATURE DISPLAY. (C) PARAGRAPH (8) OF THIS SECTION DOES NOT APPLY TO EQUIPMENT FOR WHICH THE PLACEMENT OF A TEMPERATURE MEASURING DEVICE IS NOT A PRACTICAL MEANS FOR MEASURING THE AMBIENT AIR SURROUNDING THE FOOD BECAUSE OF THE DESIGN, TYPE, AND USE OF THE EQUIPMENT, SUCH AS CALROD UNITS, HEAT LAMPS, GOLD PLATES, BAINMARIES, STEAM TABLES, INSULATED FOOD TRANSPORT CONTAINERS, AND SALAD BARS. (D) TEMPERATURE MEASURING DEVICES SHALL BE DESIGNED TO BE EASILY READABLE. (&) FOOD TEMPERATURE MEASURING DEVICE AND WATER TEMPERATURE MEASURING DEVICE ON WAREWASHING MACHINES SHALL HAVE A NUMERICAL SCALE, PRINTED RECORD, OR DIGITAL READOUT IN INCREMENTS NO GREATER THAN 2 DEGREES FAHRENHEIT IN THE INTENDED RANGE OF USE. . OBSERVED NO CONSPICUOUSLY LOCATED THERMOMETER IN HOLDING UNIT....WALK-IN COOLER. * 3. OBA2B1 3305.11 FG: FOOD STORAGE. (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (B) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD: (1) INA GLEAN, DRY LOCATION; (2) WHERE IT IS NOT EXPOSED TO SPLASH, DUST, OR OTHER 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 FLOOR ON CASE LOT HANDLING EQUIPMENT AS SPECIFIED UNDER SECTION 4-204.122. (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 EXPOSER TO FLOOR MOISTURE. OBSERVED FOOD STORED ON FLOOR.,,.CORNMEAL IN KITCHEN. Distriet: 02 License Type: 2010 File Number: 138737 * denotes critical violation Case Number; 2008017740 Licenge Number: 6012501 JERSEY MIKE'S SUBS -——- B6/ 85/2888 8:59 8584146749 DEPR OGA Jun 5 2008 €:01 PAGE Exhibit A * 4.27-18-1 §-202.12(A) AND (B) FC: HANDWASHING FACILITY, INSTALLATION. (A) A HANDWASHING LAVATORY SHALL BE EQUIPPED TO PROVIDE WATER AT A TEMPERATURE OF AT LEAST 100 DEGREES FAHRENHEIT THROUGH A MIXING VALVE OR COMBINATION FAUCET, (B) A STEAM MIXING VALVE MAY NOT BE USED AT A HANDWASHING LAVATORY. OBSERVED HOT WATER NOT PROVIDED/ SHUT OFF AT EMPLOYEE HAND WASH SINK....KITCHEN. * 530-064 6-202.14FC:: BACKFLOW PREVENTION DEVICE, DESIGN STANDARD. A BACKFLOW OR BACKSIPHONAGE PREVENTION DEVICE INSTALLED ON A WATER SUPPLY SYSTEM SHALL MEET AMERICAN SOCIETY OF SANITARY ENGINEERS (A.S.8.E.) STANDARDS FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, INSPECTION, AND TESTING FOR THAT SPECIFIC APPLICATION AND TYPE OF DEVICE. OBSERVED BACKFLOW BACK SIPHONAGE DEVICE DOES NOT MEET CONSTRUCTION/ INSTALLATION/ MAINTENANCE! INSPECTION TESTING STANDARDS PRESCRIBED....MOP AREA. + 6.92417-1 630111 FC: HANDWASHING CLEANSER, AVAILABILITY, EACH HANDWASHING LAVATORY OR GROUP OF 2 ADJACENT LAVATORIES SHALL BE PROVIDED WITH A SUPPLY OF HAND CLEANING LIQUID, POWDER, OR BAR SOAP. A. OBSERVED HAND WASHING CLEANSER LACKING AT HAND WASHING LAVATORY... KITGHEN. B. OBSERVED HAND WASH SINK LACKING PROPER HAND DRYING PROVISIONS....KITCHEN, * 7,45-38-1 NFPA 1, 13.1.5 AND 10.2.2: DETAILED RECORDS DOCUMENTING ALL SYSTEMS AND EQUIPMENT TESTING AND MAINTENANCE SHALL BE KEPT BY THE PROPERTY OWNER AND SHALL SE MADE AVAILABLE UPON REQUEST FOR REVIEW BY THE AHJ. THE AH) SHALL BE PERMITTED TO REQUIRE THE OWNER, OPERATOR, OR OCCUPANT TO PROVIDE TESTS OR TEST REPORTS, WITHOUT EXPENSE TO THE AHJ, AS PROOF.OF COMPLIANCE WITH THE INTENT OF THIS CODE. * 8.46-13-1 NFPA 104, 7.9.3.1.12 TESTING OF REQUIRED EMERGENCY LIGHTING SYSTEMS SHALL BE PERMITTED TO BE GONDUCTED AS FOLLOWS: (1) FUNCTIONAL TESTING SHALL BE CONDUCTED AT 30-DAY INTERVALS FOR NOT LESS THAN 30 SECONDS. (2) FUNCTIONAL TESTING SHALL BE CONDUCTED ANNUALLY FOR NOT LESS THAN 1% HOURS IF THE EMERGENCY LIGHTING SYSTEM IS BATTERY POWERED. (3) THE EMERGENCY LIGHTING EQUIPMENT SHALL BE FULLY OPERATIONAL FOR THE DURATION OF THE TESTS REQUIRED BY 7.6.3.1 (1) AND 7.9.3.1.1(2). OBSERVED EMERGENCY LIGHT DOES NOT FUNCTION WHEN TESTED....KITCHEN. _* 9, 83A-01-1 509.039 FS AND 61 G-4.023(1) FAC: ALL MANAGERS EMPLOYED BY A FOOD SERVICE ESTABLISHMENT MUST HAVE PASSED [THE FOOD SERVICE MANAGER] TEST AND RECEIVED A CERTIFICATE ATTESTING THERETO. MANAGERS HAVE A PERIOD OF 90 DAYS AFTER EMPLOYMENT TO PASS THE REQUIRED TEST. 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 MANAGER LACKING PROOF OF FOOD MANAGER CERTIFICATION. * 40, 53B-081 509.049 FAC: FOOD SERVICE EMPLOYEE TRAINING. THE DIVISION SHALL ADOPT, BY RULE, MINIMUM FOOD SAFETY PROTECTION STANDARDS FOR THE TRAINING OF ALL FOOD SERVICE EMPLOYEES WHO ARE RESPONSIBLE FOR THE STORAGE, PREPARATION, DISPLAY, OR SERVING OF FOODS TO THE PUBLIC IN ESTABLISHMENTS REGULATED UNDER THIS CHAPTER. THESE STANDARDS SHALL NOT INCLUDE AN EXAMINATION, BUT SHALL PROVIDE FOR A FOOD * denotes critical violation Distt 02 License Type: 2010 Casa Number: 2008017740 License Number: 8012501 : . File Number: 138737 JERSEY MIKE'S SUBS 18/16 Jun 5 2008 8:O1 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGE . Exhibit A PROGRAM ESTABLISHED AND ADMINISTERED TO FOOD HANDLER EMPLOYEES PRIOR TO THE . EFFECTIVE DATE OF THIS ACT SHALL BE SUBMITTED BY THE OPERATOR TO THE DIVISION FOR ITS REVIEW AND APPROVAL. IT SHALL BE THE DUTY OF THE LICENSEE OF THE PUBLIC FOOD SERVICE ESTABLISHMENT TO PROVIDE TRAINING IN ACCORDANCE WITH THE DESCRIBED RULE TO ALL EMPLOYEES UNDER THE LICENSEE'S SUPERVISION OR CONTROL. THE LICENSEE MAY DESIGNATE A CERTIFIED FOOD SERVICE MANAGER TO PERFORM THIS FUNCTION AS AN AGENT OF THE LICENSEE. FOOD SERVICE EMPLOYEES MUST RECEIVE CERTIFICATION PURSUANT TO THIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 7, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. OBSERVED NO PROOF OF REQUIRED EMPLOYEE TRAINING PROVIDER, ALL PUBLIC FOOD SERVICE ESTABLISHMENTS MUST PROVIDE THE DIVISION WITH PROOF OF EMPLOYEE TRAINING UPON REQUEST, INGLUDING, BUT NOT LIMITED TO, AT THE TIME OF ANY DIVISION INSPECTION OF THE ESTABLISHMENT. * danotes critical violation Li alae ie jcenge Type: Case Number: 2008017740 i License Number: 6012501 File Number: 138737 JERSEY MIKE'S SUBS 11/16 B6/ 85/2888 8:59 8584146749 Jun 9 2008 802 DEPR OGA PAGE 12/16 STATE OF FLORT sae ema DEPARTMENT OF.._,#1NESS AnD PRO! oa : DIVISTON OF HOTELS AND RESTA , 4 ‘peLLOW-UP INSPECTION REQUIRED , srw. MyFloridn.com/dbpr/hr ' : . Inspector determined violations require further review, but are not an inrmediate threat to the publle, Fatlure te comply with this Hotes may Initiate an adntinietrative complaint that may result In suspension or revocation of your Hicanse and fines. 3/06/08 02:37 PM Werntng 6012501 SEAT Tilback inspection Date and Tine — iim = Tense Number 3M WEST PALM BEACH eT eeneoe2 ibsiallite ADMINISTRATIVE COMPLAINT recommended, OR JERSEY MIKE'S SUBS Busjiess Name Tnapestian Recult aa tz/2rs2bo7 mil, tT ke Date/Time: intel Warning Dal ‘1 VILLAGE BLWP WEST PALM BCH, 23409 Aiiress Thy Bete] Do Tee Comments e Complaint recomended e following am(2) have beet yecommendied for Adminktrative Complaint: lation; S3B-DE-1 0 proof of required ettipioyes training afoykted. Alf public food service eatablishmelts must provide the division with pro? of amplayes tratning upon request, including, but not limattert _ at the tina of any dlvestatt Inspection of the establshinent. Pro The violHion must be corrected by : 02/27/08, jolation: SRA-D1-1 anager lacking procf of Food Manager Certification. This vielation must 8 enprected by : 02/27/08, jolation: AéP 13-4 03-06-08 ———— Date ‘Signature of Reclplent ‘th Tnpecar® Sanraire Reciplentt: KATIE MAGINOT For farther information plosse contact: ‘ Victor Ratoni! Tits MANAGER Santation & Safety Specielist ORD Cosanut Crank Ploy Phen S680 i BPR Form HR S022-05 Jun 5 2008 8:02 66/85/2688 88:59 8584146749 DEPR OGA PAGE aye 2ui 4 aa Ucensa Number t STATE OF FLORIDA , SEAT 6012501 DEPARTMENT OF BUSINESS AND PROFEMSIONAL' ‘ DIVIStON OF HOTELS AND RESTAII Business Name wanw.myflarida cam /dlbop 4 JERSEY MIKE'S SUBS CALI, BACK INSPECTION REPG! Inspection Date LEGAL NOTICE al, 68/06/08 02:37 PM Fullyre to comply with this Notice may [itiata an adnjaletrative conmptaint that nay result n'¢ y Heeb and fines. Emergency fight does net function wher ‘tested kitchen lofmticn: 45-33+1 I current hood fire suppression system Inspection report available. fation: 32-171 andwaching cleanser incking at haridweahing lavatory, ktichert lation: 32-36-41 and wash sink leking proper hand drying provisions. kitchen jofation: 30-06-41 pbserved baekflow/backsIphonage device does hot mest construction/installation/malntanatiey/Inspection/testing standards prescribed. mop eres lolatton: 27-A6+1 ot water rat provided/atut off steainplayes: hand wash sink kitchan fan: OBA-28-1 (brerved food stared on floor.carmmeal/kitchen lation: O5-09+1 leroy located thermometer [6 holding unttwaik in cooler than: OLB 14-1 bearyed dented/rusted cans.stripped pappers/wakk in cooler 8 foftowing itemts) are in complance: frtton: 44 6-02-2 beerved unlabeled enrey bottle, sanitizer /idtchen lation; 204-4 baerved single-serviee Rems stovedd on floor plastic Iids/kitchen BPR Form HR 5022-005 13/16 Jun 5 2008 €:02 B6/ 85/2888 8:59 8584146749 DEPR OGA PAGE 14/16 STATE OF FLORIDA ec meee te DEPARTMENT OF BUSINESS AND PAC JFESSIONAL REGULATIO! DIVISION OF HOTELS AND RESTAURANTS , SE GHBIT B FOLLOW-UP INSPECTION REQUIRED Inspector determined violations raquite further review, but are not an immediate wow. MyFlorida.com/dbpt/hr z VIGEINSPESTIONRE ORT threat to the public, lire LEGAL NOTE“ Failure to comply with this Notice may Initiate an administrative complaltt that may result In suspension or revocation of your fleanse and fines. 42727107 11:17 AM Routine 6012501 SEAT Inspection Date and Time Inspection Reason License Number JMWEST PALM BEACH WARNING: ‘Owner Name Violations In the operation of your astabllah 561-680-8082 JERSEY MIKES SUBS . Area Code/Telophone Number Business Name Inspection Result o2/2712008 08:00 AM Number of Units Callback Date/Time License Expiration 931 VILLAGE BLVD WEST PALM BEACH, 33409 Address / City / State / Zip / ate. Tem 03: Food Temperatures ltam B3e! Cart, Food Managers hem 20: Warewashing Senttization Hem 45: Fire Extingulahers and Fire ion [any products, wai tn cooler, 42 Degraes Sanitizer Typo: Not Set Up found at |Ablood Buppression type Fire Extlngulshar, F.cheene 7 found Infat kitehan has @ certification date oF concentration of Q PPM. oo? Bast, walk in conker, 2 Oegrans F. Poultry, front counter, 44 Degrees turkey ‘Baad, prap rnd, 40 Degrees F.philly stank Pouliry, cook Ine, 182 Dagraee chicken philly A Clans AGC type Fire Extinguinher, found |afat ftehen has a eartifiastion sate of 12/07 WOTE: Items marked above with an asterisk (*} Indicate 2 violation Inapector'a Gommants rovided Web Site: www,myflorida.com/dbpr ‘water heater + not vigibla ex #954-956-5699 attention ; VICTOR ROTOND! No Boller On Site. + fax updared certified food manager card "fax updated ampllyea training list Lacknewledge recalpt of this Inspection form and comments. 12-27-07 . Signature of Reelpiant Inspector Signature Data Reciplant: GABBY CHACON For further information plaase contact Victor Rotondt Titte ON PERSON IN CHARGE Sanitation & Safety Spactallst 5060 Coconut Creek F Phons; 561-889-8082 950-487-1395 STATUS SOURCE |_STATUS PHF TEMPERATURE CONTROL In *O'1a Approved source, in *03e Cold foad at proper temparalures during storage, Out “O71 b Wholesome, sound condition Gleplay, SeIvice, In “02 original contalnary properly labeled, date markiny In *O3b Hot food at proper temperatura NIA ¥02-11 Gonsumer advigary on raw/undaregoked, ovaters In "Dac Fonds properly cvoked/rehaatad N/A, 702.13 Coneumer advisory an rawundercapked animal *08d Foods properly coalad "04 Faciiitiag 16 maintain product tamperature “05 Thermometers provided and congplouously placad “! tentlally haxprdous foods, pproparly thawed _ Vinleions marked with an. pstedak are erliles! vislations. Tteme marked IN are in camplience, ema Marked OUT ara violations, Specific dotalls of violation are listed an subsrquant poges. tars markad M/A are Not Applicable, ama Marked as N/D arg Not Observed, and wera not being conducted at the tlme of ingpectlon. DSPR Form HR 6022-016 Jun 5 2008 €:02 B6/ 85/2088 Be: 59 DEPR OGA PAGE 15/16 8584146749 4 Some” E r yEgEy ri a hit iatt 5 ticenge Number STATEOF FLORIDA i _¥F SEAT 6012501 DEPARTMENT OF BUSINESS AND PROFESSIONALREGULATION,8icinass Nema DINISION OF HOTELS, AND RESTAURANTS we a eneeY MIKE'S SUBS Inspection Date FOOD SERVICE INSPECTION REPORT 12727107 14:17 AM LEGAL NOTICE Faflure to comply with thls Notice may Initlate an administrative complaint that may rasuit In suspension or revocation of your Nicanse and fines, Page 2 of 3 yeaa L stTaTus | PHF TEMPERATURE CONTROL STATUS GARBAGE AND REFUSE DISPOSAL In 07 Unwrapped oF potentially hazardove: food not re-rervad 4 Contalners covered, adsquata number, Insect and rotent| Out so8m Food protection during storage, preparation, cn | — fie ernntied at proper intervela, clean service, transportation 34 Outside storage area clean, enclosure properly th hOBb Crose-contamination, equipment, personnel, storage jeonatructed \— Kh%e Potential for crage-contamination, storage practices; STATUS. _INSEGT ANG RODENT CONTROL damaged food sagragated __ +a5m Presence of Ingects/rodants. Animals prohibited —| iL} M09 Foods haridled with minimum contact \38b Outer cpenings protected from insects, rodent roof L +0 Ih use food dispensing utansilg properly stored + STATUS FLOORS, WALLS, CEILINGS stavus_| PERSONNEL 36 Floors. properly constructed, clean, drained, coved ih +41 Parsonnal with Infections restreted 7 Walls, callings, and attached equipment, constructed, {n “12a Hands washed add clean, good hygienic practices clean (observed), alternative operating plan = [28 Lighting provided as required. Fixtures shletded in Mah Proper hygienle practicas, eating/drinking/smoking 39 Rooms and equipment - yanted ag requited (evidence) STATUS OTHER AREAS 13 Clean dothas, halt restralrits | 40 Employes lockers provided and used, clean |_STATUS FOOD EQUIPMENT AND UTENSILS tn _{sta Toxie items properly storad sath Toxic tema tabelad and used propatly | 15 Mor-food contact surfacas designed, constructed, malntainad, Installed, located 14 Food contact surfaces designed, constructed, Out ymelntelned. Installed, located a2 Premises malntatned, free of Iitter, unnecessary articles, Gleening and maintenance aquiament properly stored. Kétehan restricted ta authorized personnel ——| —— | 16 Dishwashing facilities designed, constructed, operated 1, Wash 2. Ringe 3, Sanitize 43 Camplete seperation from llving/alecping ares, faund! 44. Clean and solled linen segregated and property stored )"17 Thermometers, yauges, test kits provided _|_ STATUS SAFETY _| = _{18 Prediushed, scrapad, scaked! Out 4 Fire avtingulshers - proper and sufficient 19 Wash, tinge water saan, proper temperatura Out +49 Exiting syatam- adequate, good repair *20e Sanitizing concentration, +47 Electrical wiring « adequate, good repel bo Sanitizing temperature, “48 Gas appliances. j= properly installed, maintained 21 Wiping clothe claan, uged properly, stored ‘Tt #45 Flammebla/combustisle matorlels - properly stored In +99 Food contest suriaces of aquipment and utensils clean SraTUS | GENERAL 23 Non-food contact surfaces clean +50 Currant licanay properly displayed ndling of clean equipment, utensils SINGLE SEAVICE ARTICLES [61 Other cond|tions sanitary and safe operation +52 False/misioading statements published or advertigad Out 26 Service hams properly stored, handled, dispensed raleting to foodibeverage 4 26 Single servica articles not re-used out HE3n Food managemsnt certification valld STATUS WATER AND SEWAGE/PLUMBING Out +53 Employee training validation Out 54 Florida Clean indoor Alr Act +23 Sewage and waste water dispased properly 56 Automatic Gratulty Notice +27 Water source safe, hot and cold under pressure 29 Plumbing Installed and malntained 56 Copy of Ghapter 809, Forde Statutes, available TOILET AND HANDWASHING FACILITIES Out 830 Crosa-connaction, back siphonage, backflow. STATUS GENERAL : 57 Hospltallty Education Program Information provided STATUS “hg Toilet and handwashing facilities, number, conventant, designed, Installed Jou P32 Restrooms wilh sall-closing depts, fixtures aparate properly, facitity clean, supplied with handsaap, diapesable tewele or hand drying davies, tlasue, covered waste ah? Yotal Number of COS Violations: Total Number of Repeat Viclationa: L — Violations marked with an aeterisk are orileal viaistiona, tema marked IN are in compllanes. tems Marked OUT ara vietations. Spactic datas af violation are Viste on subsequent pages. Items mark DBPR Fon HR 5022-015 ool NA aro Not Applicable. lterié Marked 88 RYO ara Nat Qbaprvedy, and were not boing conducted atthe time of inspection. B6/ 85/2888 8:59 8584146749 Jun 5 2008 8:03 DEPR OGA “& 7 EXHIB: ro af Page 3 of 3 " Vyconse Number STATE OF FLORIDA, sug cg apoiee "hp 1 DEPARTMENT OF BUSINESS AND PROFESSION CAEGiATION {ee DIVISION OF HOTELS AND RESTAURANTS ; www. mnyflorida.cam/dbpr JERSEY MIKE'S SUBS FOOD SERVICE INSPECTION REPORT Inspection Date LEGAL NOTICE 12/87/07 t4:17 AM Fallure to comply with this Notlea may Initate an administrative complaint that may reault In suspension of ravotation of your license and fines, Warning(a): §9a-01-1:;Managot lacking proof of Food Manayer Carlifleation. Tig vilation must be carracted by : 02/27/08, REFERENCE TEXT: 508.030 FS and €4¢-4,024(1) FAC: All managers employed by ateed service aetablishment must have passed [the food service manager] teat and racalved a caritficate ettasting thereto. Managers have 4 period of OD days after ampleyment (0 PBs qhe raquired test, All managers who ara responsible forthe storage, preparation, display, and satving of foods te tha public shall have paceed cerifigntion tgs! approved by the division demonatralng 8 baste Knowledge af food Protection practions as adopted In thta chapter. Those menegare who succanefully pass an spprovead coriification examination shall bo taaued a cartifieats by the cartitying organization, which le valid for a porlad of five years from the dato of Issuance. 1 S30-D8e'1:Ne proof of required amployae qpaining provided, All public food sarvice establishments must provide the division with proof of employes training upon raquast, including, but net fimiked to, at the tine of any division inapaction of the astablishment, Pro This violation must be cerracted by : 02/27/08, REFERENCE TEXT: 609.049 FS: Food service employed talning. ‘Tha diviaion shall adapt, by ule, Tinimun faed sefaty protection ‘slendarde for ihe tralning’of all food service eriployers who Bre responsible for the storag®, preperation, dlepiay, oF aprving of foods to the public in astabllahmonts regulated under {his chapter. These stendards shall not Ihetude en exariinetion, but shall provide for a food safety training cartifieats program for Jood service employees to be administered by & private nonprofit provider chosen by the divielort, Any food safaly training program establishod and administered to food handler employees prlot to the affective daté of thls get shall be submitted by tha operator te the division for Its review and approvel. Ttahall ba the duly of the Heansea of the public food aarvice oxtabllehment te provide trafning in accordance with tha doseribed rule to all emptayaes under ths liconeee's Supervision or control, Tha lltansae may designate a cartified food service manager te parform this Junetlon as an agent of the licensee. Food service employees must rsesive certification pursuant to this section by January 1, 2001. Facd services empleyaes hired after November 1, 2000, must racelve certification within 60 days after amployrmant. Cartfication pursuant to this section shall ramaln valid for 3 yours. ‘Vielatlon[s}: pS04-1:Obgerved sinple-sarvice jams stored on Tiear.plastle Idevkiteher DBA-28-1:Obeerved food storad on flogrcommealkltchen j 4Q-12-1: Emergency ight doaa nat funeian whan tested. kitchen 32616-1;Hand wash aink lacking proper hand drying pravislens.kiehen 92-77-1:Mandweatting cleanser lacking St hanewasbing lavatory.kitehan 41B.03-1;Observed unlabéled spray botlleaonilizerkiichen 03-D8~1:Ne eanspleuously located thermometer In holding unitawalk Tn eooter O1B-14-1-Observed dantadirustad cang-sttpped papparsiwalk In epoler A8<36