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State of Florida I

Department of Business and Professional Regwlation Division of Hotels and Restaurants I

DEPARTMENT OF BUSINESS AND / PROFESSIONAL REGULATION

PetItIoner,

VS

QUIZNOSSUB

Resp o nd:n t

License Numbe) 6019253 License Type 20M O I Case Number 2010005172

--- ---- Administrative Compl lnt I

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGl!JLATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Pet1tIoner"). files this AdmmIstrat1ve Complaint' against ou\zNos SUB. (''Respondent"), and says I f

1. Petitioner IS the state agency charged with regulaling the opelat1on of pu hc lodging establishments and public food service establishments, pursuant to Section 20 165 and Chapter 509, Florida St.itutes

2. Respondent Is, and hes been at all times material hereto, l1ce sed by or s bJect to the Jur1sdIctIon of the DIvIs1on of Hotels and Restaurants The respondent's business address di record Is 1618 S FEDERAL HWY, BOYNTON BEACH, FLORIDA 33435 The mailing addless of recojd IS QUIZNOS SUB, at 1618 S

   FEDERAL HWY, BOYNTON BEACH, FLORIDA 33435 I

3. I nspect1on of this establishment conducted pursuant to Sec 509 032, Florjda Statutes, revealed vIolat1ons of the provIsIons of Chapter 509, Florida Statutes, and I or theI rules promulgated thereto governing operation of the establishment The vIolat1on(s) found and applicable law kre described In Exh1b1t "A," attached hereto and incorporated herein by reference Inspection documepts are i1ttached as Exh1b1t "B", incorporated herein by reference

   WHEREFORE, Petitioner respectfully requests entry of an Order 1iposmg onJ or more of the following penalties adm1nistrat1ve fine not to exceed $1,000 per off,:mse, s spens1on, r ocatIon, or refusal of a license

   Signed February 03, 2010

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   issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the

   rules promulgated thereto

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   COUNSEL FOR THE DEPARTMENT

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   Marc Drexler, Lead Attorney

   Ken Buck, D1stric1 Manager I

   By delegation of the Director, or des1gnee

   DIvIs1on of Hotels!& Restaurarts

   Department of Business & Professional Regulation

   I I

   Florida Bar No 0487058 I

   Department of r3usmess & Professional Regulation

   1940 North Monroe Street I I

   Tallahassee, Florida 32399·2202 I I

   Cet1ificate pf Service / J

   BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: ------

   I HEREBY CERTIFY that a true and correct copy of the foregoing 1DMINIST :i TIVE COMPLAINT has been

   hand served by me on this      day of                                                      _,2Dl0

   Received by _l       

   
   

   ,L                                                               

   
   

   Inspector's Signature Of"rato s S1 nature

   
   

   Title Title

   
   

   C.se Number 2010005172 Fil• Number 222700

   L,cenoo Number 8019253 2010

   OUIZNDS sua

   District Numbet 02

   Fom f@l\ll Bd 10 1 S 09

   Dec 21 2010 14:04

   12/21/2010 14:51 8504145749 DBPR OGA PAGE 04

   
   

   
   

   Exh1b1t A

   
   

   License Number 6019253

   License Type 2010 PERMANENT FOOD SERVICE

   Case Number 2010005172 1

   "FC" as Cited herein references spernl1c prov1s1ons of the Food dode, Reco mendat1ons of the United States Public !"ealth,service, Food and Drug Adm1mstr;;,t1on, incorporated by Chaptflr 61C, Florida Administrative Code NFPA as Cited herein references spemfu:: prov1s1ons of the National F,1re Protection Assoc1at1on Life

   Safety Code. incorporated by reference at Chapter 4A-3, "Fire PIevent1on. General Provisions". Florida Adm1mstrat1ve Code, and 61C-1 004(5), Florida Adm1mstrat1ve Code 1

   .... denotes a crrt1cal v1olat1on I :

   I I

   It IS alleged that on October 20, 2009. January 21, 2010 the licensee was ,n \/1olat1on of Florida Statute

   509(FS) and/or the Rules of the D1v1s1<;,n of Hotels and Restaurants, Florida P;dmin1strat1ve Code (FAC), 1n the

   lollow1ng particulars Copy(s) of the report(s) for the above referenced 1nspe9t1on(s) are attached hereto and incorporated by reference as Exh1b1t B I I

   • 1 12A-16-1 2-301 14 FC WHEN TO WASH FOOD EM LOYEES' SHALL CLEAN THEIR HANDS AND EXl'OSED PORTIONS OF THEIR ARMS AS SPECIFIED UNDER SECfrlON 2-301 12 IMMEDIATELY BEFORE ENGAGING IN FOOD PREPARATION INCLUDING WbRKING WltrH EXPOSED FOOD CLEAN EQUIPMENT AND UTENSILS. AND UNWRAPPED SINGLE-SERVICE ANDISINGLE•USE ARTICLES AND

     (A) AFTER TOUCHING BARE HUMAN BODY PARTS OTHER THAN CLEA/'il HANDS AND CLEAN, EXPOSED PORTIONS OF ARMS. (BJ AFTER USING THE TOILET ROOM, (CJ AFTER CARING FOR OR HANDLING SERVICE ANIMALS OR AQUATIC ANIMALS AS SPECIFIED IN1PARAGRAPH 2-403 11(B), (D) EXCEPT AS SPECIFIED IN PARAGRAPH 2-401 11(B), AFTER G:OUGHING SNEEZING, USING A HANDKERCHIEF OR DISPOSABLE TISSUE, USING TOSACCd,, EATING, OR DRINKING, (E) AFTER HANDLING SOILED EQUIPMENT OR UTENSILS, (F) DURING EfOOO PREPARATION, AS OFTEN AS NECESSARY TO REMOVE SOIL AND CONTAMINATION AND O PREVENT CROSS CONTAMINATION WHEN CHANGING TASKS, (G) WHEN SWITCHING BETWEEN WORKING WITH RAW FOOD AND WORKING WITH READY-TO-EAT FOOD, (H) BEFORE DONNIN'G GLOVESIFOR WORKING WITH FOOD, AND (I) AFTER ENGAGING IN OTHER ACTIVITIES THAT CONTAMINATE THE HANDS

     OBSERVED EMPLOYEE ENGAGE IN FOOD PREPARATION, HANDLE CLJ;AN EQUIPMENT OR UTENSILS, OR TOUCH UNWRAPPED SINGLE-SERVICE ITEMS IIIIITHOU1t WASHING HANDS, PRIOR TO PUTTING ON GLOVES. I I

     I

     • 2 22-19-1 4-602 12 FC COOKING AND BAKING EQUIPMENT (A) fHE FOOD-CONTACT SURFACES OF COOKING ANO BAKING EQUIPMENT SHALL BE CLEANED AT LEAST EVERY 24 HOURS THIS SECTION DOES NOT APPLY TO HOT OIL COOKING AND RILTERING EQUIPMENT IF IT IS CLEANED AS SPECIFIED IN SUBPARAGRAPH 4-602 11(0)(6) (B) THE CAVITIES AND DOOR SEALS OF MICROWAVE OVENS SHALL BE CLEANED AT LEAST E:VERY 24 HOU S BY USING THE MANUFACTURER'S RECOMMENDED CLEANING PROCEDURE I

   OBSERVED INTERIOR OF MICROWAVE SOILED. I

   1. 29-11-1 5-205 15 FC SYSTEM MAINTAINED IN G0 0 D1REPAIR A PLUMBING SYSTEM SHALL BE (A) REPAIRED ACCORDING TO LAW, AND (B) MAINTAINED IN GooDI REPAIR

      OBSERVED LEAKING PIPE AT PLUMBING FIXTURE: PREP Sl'NK. I

   2. 36-08-1 6-201 13 FC FLOOR AND WALL JUNCTURES/ COVED. Af:ID ENCLOSED OR SEALED

(A) IN FOOD ESTABLISHMENTS IN WHICH CLE:ANING METHOIDS OTHER HAN WATER FLUSHING ARE USED FOR CLEANING FLOORS, THE FLOOR AND WALL JUNCiJ"URES SH LL BE COVED AND CLOSED TO NO LARGER THAN ONE THIRTY-SECOND INCH (B) THE F OORS INjooD ESTABLISHMENTS IN

WHICH WATER FLUSH CLEANING METHODS ARE USED SHA L BE PRO 10 ED WITH DRAINS AND BE

GRADED TO DRAIN0 AND THE FLOOR AND WALL JUNCTURES1 SHALL BE1COVED AND SEALED

00-- I

OBSERVED FLOORAND WALL JUNCTURES NOT COVERED: COVE BASE MISSING BY SANDWICH

UNIT. I I

C.aseNllmbgr 2010005172 F1I Number 222700 I 01slncl Number 02

Lu::ense Number 6019253 2010

Form revised 10 15 09

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* 5 52-01 509 292(1) FS AN OPERATOR MAY NOT KN· WINGLY ND WILLFULLY MISREPRESENT THE IDENTITY OF ANY FOOD OR FOOD PljlODUCT TO ANY OF THE PATRONS OF SUCH ESTABLISHMENT THE IDENTITY OF FOOD OR A FOOD PRODUtT IS MISREPRESENTED IF

1. THE DESCRIPTION OF THE FOOD OR FOOD PRODUCT is FALSE OR MISLEADING IN ANY PARTICULAR, (B) THE FOOD OR FOOD PRODUCT IS SERVED, SOLD, OR DISTRIBUTED UNDER THE NAME OF ANOTHER FOOD OR FOOD PRODUCT, OR (C) THE FOOD OR FOOD PRODUCT PURPORTS TO BE OR IS REPRESENTED AS A FOOD OR FOOD PRODUCT THAT DG'.JES NOT CONFORM TO A DEFINITION OF IDENTITY AND STANDARD OF QUALITY IF SUCH DEFINITION OF IDENTITY AND STANDARD OF QUALITY HAS BEEN ESTABLISHED BY CUSTOM AND u):,AGE

OBSERVED IDENTITY OF FOOD OR FOOD PRODUCT MISREPRESENT D: ADVERTISEMENT IN WINDOW SAYS MAINE LOBSTER SALAD MADE FRESH DAILY WITH M'°'INe LOBSTER (LIST OF INGREDIENTS: LOBSTER, CRAB, SHRIMP, POLLOCK, PACIFIC & BLU WHITING)

Casa Number 2010005172 File Number- 222700

01stni::l Number 02

1

I Fcirrn rev1!i d 10 15 09

License Number 8019253 2010 I

QUIZNOS SUB

Docket for Case No: 10-010827