State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, VS, SCHLOTZSKYS DELI rcense Tyee pried Respondent. Case Number 2012001088 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against SCHLOTZSKYS DELI, (‘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, Florida 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 4720 NW 39 AVE, GAINESVILLE, FLORIDA 32606.The mailing address of record is SCHLOTZSKYS DELI, at PO BOX 358874, GAINESVILLE, FLORIDA 32635. ‘ 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 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 January 09, 2012 £ 2 ; Michelld Haynes, 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2012. Received by: Inspector's Signature Operator's Signature Title / Title Case Number: 2012001088 File Number: 99312 District Number: 05 License Number: 1102733 2010 Form revised 09.10.14 SCHLOTZSKYS DEL! Filed August 27, 2012 11:35 AM Division of Administrative Hearings Exhibit A License Number: 1102733 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012001088 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. Itis alleged that on October 17, 2011, October 25, 2011, December 27, 2011 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. * 4,02-22-1 3-501.17(A) FC: (A) EXCEPT AS SPECIFIED IN PARAGRAPH (D) OF THIS SECTION, REFRIGERATED, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED AND HELD INA FOOD ESTABLISHMENT FOR MORE THAN 24 HOURS SHALL BE CLEARLY MARKED TO INDICATE THE DATE OR DAY BY WHICH THE FOOD SHALL BE CONSUMED ON THE PREMISES, SOLD, OR DISCARDED, BASED ON THE TEMPERATURE AND TIME COMBINATIONS SPECIFIED BELOW: (1) 41 DEGREES FAHRENHEIT OR LESS FOR A MAXIMUM OF 7 DAYS; THE DAY OF PREPARATION SHALL BE COUNTED AS DAY 1. OBSERVED READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD PREPARED ON-SITE AND HELD MORE THAN 24 HOURS NOT PROPERLY DATE MARKED. TUNA SALAD, CUT UP CHICKEN. * 9.03A-07-1 3-501.16(A) FC:: (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 REHEATED AS SPECIFIED IN PARAGRAPH 3-403.11(E) MAY BE HELD ATA 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. IN TOP OF REACH-IN COOLER: HAM AT 44°F - 52°F, ROAST BEEF AT 50°F - 58°F, CORNED BEEF AT 50°F, SALAMI AT 47°F - 49°F, TURKEY AT 45°F, CHICKEN AT 52°F, CHEESES AT 51°F - 53°F. INSPECTIONS DATED 10/17/14 AND 12/27/11. * 3.32-16-1 6-301.12 FC:; HAND DRYING PROVISION. EACH HANDWASHING LAVATORY OR GROUP OF ADJACENT LAVATORIES SHALL BE PROVIDED WITH: (A) INDIVIDUAL, DISPOSABLE : TOWELS; (B) A CONTINUOUS TOWEL SYSTEM THAT SUPPLIES THE USER WITH A CLEAN TOWEL, OR (C) A HEATED-AIR HAND DRYING DEVICE. OBSERVED HANDWASH SINK LACKING PROPER HAND DRYING PROVISIONS. HANSINK BY ICE MACHINE. 4,44-02-1 4-803.11 FC: STORAGE OF SOILED LINENS. SOILED LINENS SHALL BE KEPT IN CLEAN, NONABSORBENT RECEPTACLES OR CLEAN, WASHABLE LAUNDRY BAGS AND STORED AND TRANSPORTED TO PREVENT CONTAMINATION OF FOOD, CLEAN EQUIPMENT, CLEAN UTENSILS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES. . OBSERVED SOILED CLOTHS, LINEN, APRONS, COATS OR OTHER UNIFORM APPAREL NOT KEPT IN A SUITABLE CONTAINER PRIOR TO LAUNDERING. WAD OF SOILED CLOTHS ON REAR PREP SINK. * denotes critical violation : District; 05 Case Number: 2012001088 License Type: 2010 License Number: 1102733 File Number: 99312 SCHLOTZSKYS DELI

Docket for Case No: 12-002862