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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTME'NT OF BUSINE'SS AND PROFESSIONAL REGULATION

Petilioner,

VS.

LARRYS GIANT SUBS

Respondent.

     ,/

License Number. 1102187

License Type 2010

Case Number 2010023352

_ Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against LARRYS GIANT SUBS, ("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 20.165 and Chapter 509, FloMda Statutes.

2- Respondent Is, and has been at all times material hereto, licensed by or subject to the jurisdiction of the

Division of Hotels and Restaurants. The respondent's business address of record is 1122 N MAIN ST, GAINESVILLE, FLORIDA 32601.The mailing address of record is LARRY$ GIANT SUBS, at 4468 VIENNA WOODS WAY, GAINESVILLE, FLORIDA 32605.

3. IMpection 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 re'fusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapte:,r 509, Florida Statutes, or the rules promulgated thereto. ,

E.

Signed May 1O, 2010 /)

(.i),_,_.,JO,'-

Michelle ynes, District Mana r

By delegation of the Director, or designee Division of Hotels & Restaurants

Department of Business & Professional Regutatlon

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

Certlflcale of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 390198488191 3608

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of , 2010.

Received by:---=---,-...,....=--, ­

Operator's Signature

Title Title

Case Numbeir: 2010023352 P:-lre Nurnber. 21:Mas

License Number; 1102187 2010

LARRVS GIANT SU6S

Dlslrlcl NumMc 05

Form revised 10.1!;i,0S

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DBPR OGA

PAGE 04

Exhibit A

License Number: 1102187

License Type: 2010 PERMANENT FOOD SERVICE

Case Number: 2010023352

FC as cited herein references specific provisions of the Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. NFPA as cited herein references specific 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.

  II is alleged that on November 4, 2009, April 16, 2010 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restavrants, Florida Administrative Code (FAC), In the following particulars. Copy(s) of the report(s) for the above referenced inspectlon(s) are attached hereto and incorporated by reference as Exhibit B.

• 1, 03A-07-1 3-501.16(A) l'C:: (A) EXCEPT DURING PREPARATION, COOKING, OR COOLING, OR WHEN TIME IS USED AS THE PUBLIC HEALTH CONTROL AS SPECIFIED UNDER SECTION 3--501.19, AND EXCEPT AS SPECIFIED IN PARAGRAPH (B) OF THIS SECTION, POTENTIALLY HAZARDOUS FOOD SHALL BE MAINTAINED: (1) AT 135 DEGREES FAHRENHEIT OR ABOVE, EXCEPT THAT ROASTS COOKED TO A TEMPERATURE AND FOR A TIME SPECIFIED IN PARAGRAPH 3"401.11(B) OR RE:'.HEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE: OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS;

OBSERVED POTENTIALlY HAZARDOUS FOOD COLD HELD AT GREATER THAN 41°F. TUNA 46"F,

ROAST BEEF 52"F, HAM 52"F AND CHICKEN 52'F IN THE REACH-IN COOLER.

' denotes critical violation

Case Number: 2010023352

License Number: 1102187 LARRYS GIANT SUBS

District: 05 License Type: 201O File Number: 213486

Docket for Case No: 11-002598