1/21/2818 1e:51 8584146749 DEPR OGA Jan 22 2010 16:08 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner. v5 License Number 2325987 PIZZA UNIVERSE License Type 2010 Respondent Gase Number 2009049208 ! Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS. ( Petitioner’). files this Administrative Complaint against PIZZA UNIVERSE, (“Respondent”), and says 4 Petitoner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments. pursuant to Seclion 20 165 and Chapter 509, Florida Statutes 2 Respondent is. and has been at all times material hereto, licensed by or subject to the jurisdiction of the Division ef Hotels and Restavrants The respondent's business address of record ts 12223 5 OLXIE HWY, MIAMI, FLORIDA 331865259 The mating address of record 1s PIZZA UNIVERSE, at 12223 $ DIXIE HWY. MIAMI FLORIDA 331565259 3. Inspection of this establishment conducted pursuant to Sec 509 032, Florida Statutes, revealed violations of the previsions 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 herete 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 adminstrative fine not to exceed $1,000 per offense. suspension, revocation, or refusal of a license issued pursuant to this Ghapter, and/or any other reltef authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto Signed Seplember 17, 2009 Shanneé Kallas, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Mare Drexler Lead Attorney Flonda Bar No 0487058 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED US MAIL, ARTICLE NUMBER 7180 3904 9845 7760 9006 THEREBY GERTIFY that a true and carrect capy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2009 Received by Inspector's Signature Operator's Signature Title Tithe ‘ Case Number 2009049208 File Number 113727 - Qustnet Number 01 License Number 2325987 2910 Form revised O7 15 09 PIZZA UNIVERSE a3/ay Jan 22 2010 16:09 a1 / 21/2018 18:51 8584146749 DEPR OGA PAGE ad/ay Exhibit A Licanse Number 2325987 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009049205 "FC" as cited here 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 44-3, "Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1 004(5), Florida Admunatrative Cade “ denotes a cntical violation Itts alleged that on March 24, 2008, and August 24, 2009, the licensee was In violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Flonda Administratwe Goce (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 * 94 01B-14-1 3701 11(A)FG (A) AFOOD 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, REPEAT VIOLATION. “2 O8A07-1 3-501 16(A)FC (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME 1S USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3-801 18, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3-401 11(8) OR REHEATED AS SPECIFIED IN PARAGRAPH 3-404 11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE, OR (2) ATA TEMPERATURE SPECIFIED IN THE FOLLOWING (A) 41 DEGREES FAHRENHEIT OR LESS, OBSERVED POTENTIALLY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41 DEGREES FAHRENHEIT. REPEAT VIOLATION. * 3 084-28-1 3-30511FC 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)!N A GLEAN, DRY LOCATION, (2) WHERE IT |S 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 EXPOSED TO FLOOR MOISTURE OBSERVED FOOD STORED ON FLOOR. REPEAT VIOLATION. OBSERVED UNCOVERED FOOD IN HOLDING UNITIDRY STORAGE AREA. REPEAT VIOLATION. Gase Number 2009049205 File Number 113727 District Number 91 Lieenge Number 2325987 2010 Fonn ravised 07 15 09 PlZZA UNIVERSE Jan 22 2010 16:09 1/21/2818 1e:51 8584146749 DEPR OGA PAGE 85/87 * 4 1DAt6-1 230114 FC WHEN TO WASH FOOD EMPLOYEES! SHALL CLEAN THEIR HANDS AND EXPOSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECTION 2-301 12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUOING WORKING WITH EXPOSED FOOD, GLEAN EQUIPMENT AND UTENSILS, AND UNWRAPPED SINGLE-SERVICE AND SINGLE-USE ARTICLES AND (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEAN HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS, (8) AFTER USING THE TOILET ROOM. (G) AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN PARAGRAPH 2-403 11(B), (D) EXCEPT AS SPECIFIEO IN PARAGRAPH 2-401 14(B). AFTER COUGHING, SNEEZING. USING A HANDKERCHIEF OR DISPOSABLE TISSUE. USING TOBACCO, EATING. OR DRINKING, (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS, (F) DURING FOOD PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND TO PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD, (H} BEFORE DONNING GLOVES FOR WORKING WITH FOOD, AND (1) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS OBSERVED EMPLOYEES ENGAGED IN FOOD PREPARATION, HANDLE CLEAN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS, WITHOUT WASHING HANDS. REPEAT VIOLATION. 5 13-031 2-40211FC 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 (8) 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. * 6 22-25-41 4-601 11(A) FC EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO S'GHT AND TOUCH OBSERVED BUILDUP OF SOILED MATERIAL ON MIXER HEAD. REPEAT VIOLATION. OBSERVED FOOD-CONTACT SURFACES ENGRUSTED WITH GREASE AND/OR SOIL DEPOSITS. REPEAT VIOLATION. OBSERVED INTERIOR OF MICROWAVE SOILED. REPEAT VIOLATION. Case Number 2505042295 File Number 113727 Cistret Number 01 License Numbor 2325987 2010 Form ravisad 07 16 09 PIZZA UNIVERSE 1/21/2818 1e:51 8584146749 DEPR OGA Jan 22 2010 16:09 PAGE * 7 35B-04-1 6-20215FC OUTER OPENINGS, PROTECTED (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8), (C), AND (E) AND UNDER PARAGRAPH (D) OF THIS SECTION, OUTER OPENINGS OF A FOOD ESTABLISHMENT SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) FILLING OR CLOSING HOLES AND OTHER GAPS ALONG FLOORS, WALLS. AND CEILINGS, (2) CLOSED, TIGHT-FITTING WINDOWS, AND (3) SOLID, SELF-CLOSING, TIGHT-FITTING DOORS (B) PARAGRAPH (A) OF THIS SECTION DOES NOT APPLY IF AFOOD ESTABLISHMENT OPENS INTO A LARGER STRUCTURE, SUCH AS A MALL, AIRPORT, OR OFFICE BUILDING, OR INTO AN ATTACHED STRUCTURE, SUCH AS A PORCH, AND THE OUTER OPENINGS FROM THE LARGER OR ATTACHED STRUCTURE ARE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS (C) EXTERIOR DOORS USED AS EXITS NEED NOT BE SELF-CLOSING if THEY ARE (1) SOLID AND TIGHT-FITTING, (2) DESIGNATED FOR USE ONLY WHEN AN EMERGENCY EXISTS, BY THE FIRE PROTECTION AUTHORITY THAT HAS JURI SDICTION OVER THE FOOD ESTABLISHMENT, AND (3) LIMITED-USE SO THEY ARE NOT USED FOR ENTRANCE OR EXIT FROM THE BUILDING FOR PURPOSES OTHER THAN THE DESIGNATED EMERGENCY EXIT USE (D) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND (E) OF THIS SECTION, IF THE WINDOWS OR DOORS OF A FOOD ESTABLISHMENT, OR OF A LARGER STRUCTURE WITHIN WHICH A FOOD ESTABLISHMENT IS LOCATED, ARE KEPT OPEN FOR VENTILATION OR OTHER PURPOSES OR A TEMPORARY FOOD ESTABLISHMENT IS NOT PROVIDED WITH WINDOWS AND DOORS AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION, THE OPENINGS SHALL BE PROTECTED AGAINST THE ENTRY OF INSECTS AND RODENTS BY (1) 16 MESH TO 1 INCH SCREENS, (2) PROPERLY DESIGNED AND INSTALLED AIR CURTAINS TO CONTROL FLYING INSECTS, OR (3) OTHER EFFECTIVE MEANS (E) PARAGRAPH (D) OF THIS SECTION DOES NOT APPLY IE FLYING INSECTS AND OTHER PESTS ARE ABSENT DUE TO THE LOCATION OF THE ESTABLISHMENT, THE WEATHER, OR OTHER LIMITING CONDITION OBSERVED OPENINGS OF ESTABLISHMENT GANNOT BE PROPERLY SEALED WHEN NOT IN OPERATION, GAP UNDER BACK DOOR. REPEAT VIOLATION. 8 36-15-1 6-801 12(A) FG (A) CLEANING, FREQUENCY AND RESTRICTIONS THE PHYSICAL FACILITIES SHALL BE CLEANED AS OFTEN AS NECESSARY TO KEEP THEM CLEAN OBSERVED FOOD DEBRIS ACCUMULATED ON KITCHEN FLOOR, REPEAT VIOLATION. 9 37-05-1 61C-1004(6) FAC = (6) ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS OBSERVED WALL SOILED WITH ACCUMULATED FOOD DEBRIS. REPEAT VIOLATION. Case Number 2009049205 File Number 113727 Drstnet Number 01 License Number 2325987 2010 Form ravised 07 15 09 PIZZA UNIVERSE a6 /a7

Docket for Case No: 10-000369