Dec 7 2010 13:52 12/87/2810 14:48 85841467493 DBPR OGA PAGE 63 State of Florida Department of Business and Professional Ragulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitioner, vs License Number. 5803169 USA SUBS R License Type 2010 espondent. Case Number 2010004380 / Administrative Complaint The DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Compliant against USA SUBS, (“Respondent”), and says: 4, Petitioner is the state agency charged with regulating the operation of public ladging 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 matenal hereto, licensed by or subject {0 the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 6405 OLD WINTER GARDEN RD, ORLANDO, FLORIDA 32835.The mailing address of record is USA SUBS, at 6405 OLD WINTER GARDEN RD, ORLANDO, FLORIDA 32835 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, suspension, revocation, or refusa! of a license issued pursuant to tis Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the cules promulgated therato. Signed January 28, 2010 Veer D-—__— 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 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 1 HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2010 Received by: Inspector's Signature Operator's Signature Title Title Oistrict Number; 04 Case Number: 2010004380 —Flie Number. 198332 ‘ Licensa Number: 5803169 2010 Form revised 10:15.08 USA SUBS Dec ? 2010 13:52 12/87/2018 14:48 8584146749 DBPR OGA PAGE 84 Exhibit A License Number. 5803169 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010004380 FC as ciled herein references specific provisions of the Food Code, Recommendations af the United States Public Health Service, Food and Drug Administration, incorporated by Chapter G1C, 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 Administrative Code. * denotes a'critical viotation. {is alleged that on September 25, 2008, December 8, 2009 the licensee was in violation of Florida Statule 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 Exhibil B 1.10-04-1 3-304,.12(E) FC:: IN-USE UTENSILS, BETWEEN-USE STORAGE. DURING PAUSES IN FOOD PREPARATION OR DISPENSING, FOOD PREPARATION AND DISPENSING UTENSILS SHALL BE STORED: (E) INA CLEAN, PROTECTED LOCATION IF THE UTENSILS, SUCH AS ICE SCOOPS, ARE USED ONLY WITH A FOOD THAT IS NOT POTENTIALLY HAZARDOUS; THE ICE SCOOP FOR SCOOPING ICE FROM THE REAR ICE MACHINE WAS STORED ON THE SOILED TOP OF THE ICE MACHINE. 2.21-12-1 3-304.14(B2) FC’ (B) CLOTHS USED FOR WIPING FOOD SPILLS SHALL BE: (2) WET AND CLEANED AS SPECIFIED UNDER PARAGRAPH 4-802.11{D), STORED IN A CHEMICAL SANITIZER AT A CONCENTRATION SPECIFIED IN SECTION 4.501.114, AND USED FOR WIPING SPILLS FROM FOOD-CONTACT AND NONFOOD-CONTACT SURFACES OF EQUIPMENT. THE WET WIPING TOWELS WERE NOT BEING STORED IN SANITIZING SOLUTION BETWEEN USES. (OPPM). " 3 22-27-1 4-601.11(A)FC:; EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. A) THE SCALE WAS HEAVILY SOILED WITH FOOD DEBRIS. B} THE INTERIOR OF THE MICROWAVE WAS SOILED WITH ACCUMULATED FOOD DEBRIS. 4. 23-06-1 4-801 11(C) FC:; (C) NONFOOD-CONTACT SURFACES OF EQUIPMENT SHALL BE KEPT FREE OF AN ACCUMULATION OF DUST, DIRT, FOOD RESIDUE, AND OTHER DEBRIS. THE WHITE FREEZER IN THE REAR OF THE KITCHEN WAS SOILED WITH A SLIMY SUBSTANCE. District: 04 License Type. 2010 File Number: 198332 * denotes critical violation Case Number: 2010004380 License Number: 5803169 USA SUBS Dec 7? 2010 13:53 DBPR OGA PAGE 5 12/67/2818 14:48 8584146749 Exhibit A 5. 25-01-1 4-904.41 FC:: (A) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE HANDLED, DISPLAYED. AND DISPENSED SO THAT CONTAMINATION OF FOOD AND LIP-CONTACT SURFACES IS PREVENTED. (8) KNIVES, FORKS, AND SPOONS THAT ARE NOT PREWRAPPED SHALL BE PRESENTED SO THAT ONLY THE HANDLES ARE TOUCHED BY EMPLOYEES’ AND BY CONSUMERS IF CONSUMER SELF- SERVICE IS PROVIDED. (C) EXCEPT AS SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, SINGLE-SERVICE ARTICLES THAT ARE INTENDED FOR FOOD- OR LIP-CONTACT SHALL BE FURNISHED FOR CONSUMER SELF- SERVICE WITH THE ORIGINAL INDIVIDUAL WRAPPER INTACT OR FROM AN APPROVED DISPENSER. AND 25-04-1 4-903.11(C) AND (D) FC:. (C) SINGLE-SERVICE AND SINGLE-USE ARTICLES SHALL BE STORED AS SPECIFIED UNDER PARAGRAPH (A) OF THIS SECTION AND SHALL BE KEPT IN THE ORIGINAL PROTECTIVE PACKAGE OR STORED BY USING OTHER MEANS THAT AFFORD PROTECTION FROM CONTAMINATION UNTIL USED (D)!TEMS THAT ARE KEPT IN CLOSED PACKAGES MAY BE STORED LESS THAN 6 INCHES ABOVE THE FLOOR ON DOLLIES, PALLETS, RACKS, AND SKIDS THAT ARE DESIGNED AS PROVIDED UNDER SECTION 4-204.122. THE SINGLE SERVICE CONTAINERS WERE STORED UPRIGHT INSTEAD OF IN AN INVERTED POSITION TO PROVIDE PROTECTION. ° 6. 31-09-1 5-205.11(A) FC:: (A) AHANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT IS ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. AND : 31-42-1 5-205.14(B) FC: (B) USING A HANDWASHING FACILITY. A HANDWASHING LAVATORY MAY NOT BE USED FOR PURPOSES OTHER THAN HANDWASHING. THE HAND SINK WAS BLOCKED WITH STORAGE CONTAINERS, LIDS, AND A KNIFE. * 7, 53B-08-1 509.049 FS: 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 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 TO THIS 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. District: 04 License Type’ 2010 Fille Number’ 198332 ” denotes critical violation Case Number’ 2010004380 License Number: 5803169 USA SUBS

Docket for Case No: 10-010500