1/25/2811 11:48 8584146749 DEPR OGA Jan 25 2011 11:01 PAGE State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Patitionet, VS. A — License Numbar, 5812208 AUMMUS HOUS® PIT AS AND SALADS License Type 2016 esponen. Case Number 2010012110 ee Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Patitioner”), files this Administrative Complaint against HUMMUS HOUSE PITAS AND SALADS, ("Respondent"), and says: 4, Petitioner is the slate agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Sectian 20.765 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times material hereto, licensed by or subject ta the jurisdiction of the Division of Hotels and Restaurants. Th respondent's business address of record is 11565 UNIVERSITY BLVD SUITE 4, ORLANDO, FLORIDA 32817.The mailing address of record is HUMMUS HOUSE PITAS AND SALADS, at PO BOX 780809, ORLANDO, FLORIDA 32878. inspection or this establishment conducted pursuant to Sec. 609.032, Florida Siatutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing gperation of the establisnment. the violation(s) found and applicable law are described in Exhibit A,” attached hereto and incorporated herein by relerenss. Inspection dosuments are attaches 45 Exhibit "5", incorpatatad herein by reference. wa WHERETORE, Petitioner respectiully raquesis entry of an Order imposing oné or mare of the iollowing penaliias: administrative ting not to exceed $71,000 pet offense, suspension, revocation, of refusal of a license igsued pursuant to this Chapter. andor any other relief authorized oy Chapier 509, Florice Statutes, or the rulas promulgated thersto. Signed March 14, 2040 f = MA Ch se Valerie Freeman, District Manager By delegation of the Director, or designes Division of Hotels § Restaurants Department of Business & Professional Reqguiation COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regutatian 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: : | HEREBY GERTIFY that a true and correct capy at the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2010. Received by: Inspector's Signature Operator's Signature Tite Title District Number: 04 Case Number: 2010012120 File Number 223267 form tavised 10,156.09 License Number: 5812202 2010 HUMMUS HOUSE PITAS AND SALADS AS Jan 25 2011 11:02 1/25/2611 11:48 8584146749 DEPR OGA PAGE Exhibit A License Number: 5812209 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2010012110 FC as cited herein references specific provisions af the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, Incarporated by Chapter 61C, Florida Administrative Code, NEPA as cited herein references specific provisions of the National Fire Protection Association Life Safaty Code, incorporated by reference at Chapter 4A-3, Fire Prevention, General Provisions, Florida Administrative Goede, and 61C-1.004(5), Florida Administrative Code. * denotes a critical violation. tis alleged that on November 9, 2009, February 19, 2009 the licensee was in vielation of Florida Statute 50Q(ES) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Cade (FAC), in the following partiqulars. Capy(s) of the report(s) far the above referenced Inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.06-04-4 3-501.13FC: THAWING. EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE THAWED: (A) UNDER REFRIGERATION THAT MAINTAINS THE FOOD TEMPERATURE AT 41 DEGREES FAHRENHEIT OR LESS, OR (8) COMPLETELY SUBMERGED UNDER RUNNING WATER: (1) ATA WATER TEMPERATURE OF 70 DEGREES FAHRENHEIT OR BELOW, (2) WITH SUFFICIENT WATER VELOCITY TO AGITATE AND FLOAT OFF LOOSE PARTICLES IN AN OVERFLOW, AND (3) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF READY-TO-EAT FOOD TO RISE ABOVE 41 DEGREES FAHRENHEIT OR (4) FOR A PERIOD OF TIME THAT DOES NOT ALLOW THAWED PORTIONS OF A RAW ANIMAL FOOD REQUIRING COOKING AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) TO BE ABOVE A41DEGREES FAHRENHEIT FOR MORE THAN 4 HOURS INCLUDING: (A) THE TIME THE FOOD IS EXPOSED TO THE RUNNING WATER AND THE TIME NEEDED FOR PREPARATION FOR COOKING, OR (B) THE TIME iT TAKES UNDER REFRIGERATION TO LOWER THE FOOD TEMPERATURE TO 44 DEGREES FAHRENHEIT; (C) AS PART OF A COOKING PROCESS IF THE FOOD THAT IS FROZEN IS: (4) COOKED AS SPECIFIED UNDER PARAGRAPH 3-401.11(A) OR (B) OR SECTION 3-401.12, OR (2) THAWED IN A MICROWAVE OVEN AND IMMEDIATELY TRANSFERRED TO CONVENTIONAL COOKING EQUIPMENT, WITH NO INTERRUPTION IN THE PROCESS; OR (D) USING ANY PROCEDURE IF & PORTION OF FROZEN READY-TO-EAT FOOD IS THAWED AND PREPARED FOR IMMEDIATE SERVICE IN RESPONSE TO AN INDIVIDUAL CONSUMER'S ORDER. CHICKEN WAS IMPROPERLY THAWING AT ROOM TEMPERATURE. * 2.22-27-1 4-601.11(A)FC:: EQUIPMENT FOOD-CONTACT SURFACES AND UTENSILS SHALL BE CLEAN TO SIGHT AND TOUCH. ALL CUTTING BOARDS WERE SOILED. * 3. 34-00-1 5-205.11(A) FC: (A) A HANDWASHING LAVATORY SHALL BE MAINTAINED SO THAT IT 1S ACCESSIBLE AT ALL TIMES FOR EMPLOYEE USE. THE HAND WASH SINK BY THE GRILL WAS BLOGKED BY A TABLE. * denotes critical violation District: 04 Case Number: 2010012710 License Type: 2010 Licanse Number: 5812209 File Number: 223267 HUMMUS HOUSE PITAS AND SALADS

Docket for Case No: 11-000438