a2/18/ 2818 BF: 43 8584146749 Feb 19 2010 13:01 DEPR OGA 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 8019216 DUNKIN DONUTS BASKIN ROBBINS License Type 2010 Respondent Gase No 2009023129 / Te ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this ‘Administrative Complaint against DUNKIN DONUTS/ BASKIN ROBBINS, ("Respondent’), and says 1 Pattioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 90 165 and Chapter 509, Florida Statutes 2 Respondentis, and has been at all mes material hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants The respondent's business address of record is 777 S FEDERAL HWY, BOCA RATON, FLORIDA 33432 The mailing address of record 1s DUNKIN DONUTS/ BASKIN ROBBINS, at 777 S FEDERAL HWY, BOCA RATON, FLORIDA 33432 3 Inspection of this establishment conducted pursuant ta Sec 509 032, Flonda Statutes, revealed violations of the provisions of Chapter 508, 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 Exhitit "6", incorporated herein by referance WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties adrninistrative fme not to exceed $1,000 per offense, mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Edueaton.Program, suspension, revocation, OF refusal of a license issued pursuant to this Chapter, and/ar any other relief authorized by Chapter 509, Florida Statutes, ar the rules promulgated thereta Signed May 08, 2009 Ken Buck, Or {Manager ery feter By delegation of the Director oy {eer O “e et Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT Charles F Tunnicliff, Lead Attorney Florida Gar No 0163831 Department of Business & Professional Regulation 4940 Narth Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY GERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of 009 Received by Inspector's Signature Operator's Signature Title Title Case Number 2000023129 File Number 180647 Bistret Number 02 License Number 6019216 2010 Form revised 07 07 07 DUNKIN DONUTS/ BASKIN ROBBINS a3/@5 Feb 19 2010 13:02 a2/18/2618 arida 8584146749 DEPR OGA PA : L GE a4/a5 Exhibit A License Number 6019216 License Type 2010 PERMANENT FOOD SERVICE Case Number 2009023129 "EC" as cited herein references specific provisions of the Food Code, Recommendations of the United States Publi Health Service, Food and Drug Administration, incorporated by Chapter 61¢, Flonda Admunstrative Code “NFPA” as cited herein references specific pravisions of the National Fire Protection Association Life Safety Code, mcorporated by reference at Chapter 44-3, "Fire Prevention, General Provisions”, Florida Administrative Coda, and 61-4 004(5), Flonda Administrative Code “ denotes a critical violation Its alleged that on February 5, 2009, April 17, 2009 the licensee was in violation of Florida Statute S09(FS) and/or the Rules of the Drvsion of Hotels and Restaurants, Flonda Administrative Code (FAC), in the following parheulars Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B * 4 0BA28-1 3-30511FC. FOOD STORAGE (A) EXCEPT AS SPECIFIED IN PARAGRAPHS (8) AND (C) OF THIS SECTION, FOOD SHALL BE PROTECTED FROM CONTAMINATION BY STORING THE FOOD (1)INA CLEAN, 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 GRATES MAY BE STORED ON A FLOOR THAT (8S CLEAN AND NOT EXPOSED TO FLOOR MOISTURE OBSERVED FOOD STORED ON THE FLOOR...WALK-IN FREEZER. 2 44-36-1 4-50111FC GOOD REPAIR AND PROPER ADJUSTMENT (A) EQUIPMENT SHALL BE MAINTAINED IN A STATE OF REPAIR AND CONDITION THAT MEETS THE REQUIREMENTS SPECIFIED IN PARTS 4-1 AND 4-2 (B) EQUIPMENT COMPONENTS SUCH AS DOORS, SEALS, HINGES, FASTENERS, AND KICK PLATES SHALL BE KEPT INTACT, TIGHT, AND ADJUSTED IN ACCORDANCE WITH MANUFACTURERS’ SPECIFICATIONS (C) CUTTING OR PIERCING PARTS OF CAN OPENERS SHALL BE KEPT SHARP TO MINIMIZE THE CREATION OF METAL FRAGMENTS THAT CAN CONTAMINATE FOOD WHEN THE CONTAINER !S OPENED OBSERVED GASKETS! SEALS ON THE COLD HOLDING UNIT IN POOR REPAIR. 3 14-37-1 450112 FC CUTTING SURFACES SURFACES SUCH AS CUTTING BLOCKS AND BOARDS THAT ARE SUBJECT TO SCRATCHING AND SCORING SHALL BE RESURFACED IF THEY CAN NO LONGER BE EFFECTIVELY CLEANED AND SANITIZED, OR DISCARDED IF THEY ARE NOT CAPABLE OF BEING RESURFACED ; OBSERVED THE CUTTING BOARD GROOVED! PITTED AND NO LONGER CLEANABLE...FRONT SANDWICH MAKE-UP TABLE. Case Number 2009023129 File Number 180647 Distriet Number 02 Licanse Number 6019216 204D Form revised O7 07 OF DUNKIN DONLITS/ BASKIN ROBBINS

Docket for Case No: 10-000905