May 1? 2010 13:51 @5/16/2018 88:32 8584146749 DEPR OGA PAGE 83/85 State of Florida Department of Business and Professional Ragulation Division of Hotels and Restautants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. Licanse Number, 1506088 QUIZNOS 5024 : License Type 2010 Responden . Case Number 2009049983 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION QF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against QUIZNOS 5924, ("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 20,185 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licanged by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 4320 5 BABCOCK ST, MELBOURNE, FLORIDA 32901.The mailing address of record is QUIZNOS 5924, at 501 N HARBOR CITY BLVD, MELBOURNE, FLORIDA 32935. : 3. Inspection of this establishment conducted pursuantte Sec, 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto gaverning 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 of more of the following ‘penalties: administrative fine not to exceed $1,000 per offense, suspension, 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 thereto. Signed September 21, 2009 Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 1840 North Monroe Street Tallahassee, Florida 32299-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: . THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been 2008. hand served by me on this, day of ' Received by: Inspector's Signature Operator's Signature a Title Title Case Number 2009049883 File Number: 218569 Olstrict Nurnber: 04 License Number; 1506088 2010 Form revised 07.15.09 QUIZNOS 6824 May 1? 2010 13:51 @5/16/2018 88:32 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: 1506088 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2009049983 FC a8 cited herein referencas specific provisions of the Food Code, Recommendations of the United States Public Health Service, Foad and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NEPA as cited herein references spacific 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 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. itis alleged thaton July 2, 2009, September 3, 2009 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 inspection(s) are attached hereto and : incorporated by reference as Exhibit B- * 4,83B-08-+ 509.049FS: 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 CERTIFIGATE PROGRAM FOR FOOD SERVICE EMPLOYEES TO BE ADMINISTERED BY A PRIVATE NONPROFIT PROVIDER CHOSEN BY THE DIVISION. ANY FOOD SAFETY TRAINING 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 TOTHIS SECTION BY JANUARY 1, 2001. FOOD SERVICE EMPLOYEES HIRED AFTER NOVEMBER 1, 2000, MUST RECEIVE CERTIFICATION WITHIN 60 DAYS AFTER EMPLOYMENT. CERTIFICATION PURSUANT TO THIS SECTION SHALL REMAIN VALID FOR 3 YEARS. THERE WAS NO PROOF OF EMPLOYEE FOOD HANDLER TRAINING PROVIDED. * denotes critical violation District: 04 Case Number: 2009049983 License Type: 2010 License Number: 1506088 File Number: 218569 QUIZNOS 5924"

Docket for Case No: 10-002671