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Yeah, but they didn't serve 'fresh' coffee, the whole point was to make a giant urn of coffee and sell coffee from that all day. I don't know what the boundaries of those rules were, it's entirely possible it's different if you serve it in an open steaming cup, but this was Styrofoam take away cups.
Their customers had had problems before, but they didn't care. I think that's what got them in the end.