State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION a Petitioner; - es menses vs. . ; License Number 5812038 CHEDDAR JACKS " License Type 2010 espon i Case Number. 2012038110 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against CHEDDAR JACKS, ("Respondent’), and says: 4. 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 7325 ALOMA AVE., WINTER PARK, FLORIDA 32792.The malling address of record is CHEDDAR JACKS, at 7325 ALOMA AVE, WINTER PARK, FLORIDA 32792. 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 September 07, 2012 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 $2999-2202 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 iby me on this. day of , 2012. : “Received by: Inspector's Signature . : Operator's Signature Title : / , . Title Case Number: 2012038110 Fite Number: 214978 District Number: 04 - License Number: 5812038 2010 . Form revised 09.10.11 CHEDDAR JACKS Exhibit A License Number: 5812038 License Type: 2010 PERMANENT FOOD SERVICE Case Number: 2012038110 “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. It is alleged that on July 31, 2012, August 1, 2012 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 particutars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.03A-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 AT A TEMPERATURE OF 130 DEGREES FAHRENHEIT OR ABOVE; OR (2) AT A TEMPERATURE SPECIFIED IN THE FOLLOWING: (A) 41 DEGREES FAHRENHEIT OR LESS; ‘ ‘ 01B-16-1 61C-4.010(2) FAC:: (2) EXAMINATION AND CONDEMNATION OF FOOD -- FOOD MAY ‘BE EXAMINED BY DIVISION PERSONNEL AS OFTEN AS NECESSARY TO DETERMINE FREEDOM FROM UNWHOLESOMENESS, ADULTERATION OR MISBRANDING IN ACCORDANCE WITH THE PROVISIONS OF S. 509,032(4), FS. A. ON 07/31/12, SLICED CHEESE WAS 60 DEGREES F, BEEF BURGER WAS 49 DEGREES F, SLICED CHEESE WAS 47 DEGREES F, AND HOTDOGS WERE 47 DEGREES F. ON 08/01/12, SHREDDED CHEESE WAS 47 AND §2 DEGREES F, AND SLICED CHEESE WAS 47 DEGREES F. B. ASTOP SALE WAS ISSUED ON POTENTIALLY HAZARDOUS FOOD DUE TO TEMPERATURE ABUSE. ; * 2.04-01-1 4-30.11 FC:: COOLING, HEATING, AND HOLDING CAPACITIES. EQUIPMENT FOR - COOLING AND HEATING FOOD, AND HOLDING COLD AND HOT FOOD, SHALL BE SUFFICIENT IN NUMBER AND CAPACITY TO PROVIDE FOOD TEMPERATURES AS SPECIFIED UNDER CHAPTER 3. THE PREP REACH-IN COOLER ON THE COOK LINE WAS NOT MAINTAINING FOOD AT 41 DEGREES F OR BELOW. Case Number: 2012038110 File Number: 214978 Olstrict Number: 04 License Number: 5812038 2010 Form revised 09.10.11 . CHEDDAR JACKS

Docket for Case No: 13-000408