. =ULED teens STATE OF FLORIDA 4 :4T DEPARTMENT OF BUSINESS AND PROFESSIONAL pgcuLation DIVISION OF HOTELS AND RESTAURANTS _ : BS ATIVE DEPARTMENT OF BUSINESS AND ADMIN RS PROFESSIONAL REGULATION, HEAR Petitioner, vs. License No. 60-00167-H LAMPLIGHTER HOTEL & APTS. Case No. 2-00-186 ‘ Respondent. 029-2950 “ ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: LAMPLIGHTER HOTEL & APTS., (“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 Sec. 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 last known business address is 433 40th ST., W. PALM BCH., FL 33407-4207. 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. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program; 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. Prt fucshy Washer Masurhich ut. Nesp Lhe! Mowat ter Signed May 02, 2000 iesky, Distrjét Administrator Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Hoge, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 / \ww/ “iconso #: 60-00167-H Casody 2-QO- ; ; : boo dao It is alleged that on April 17, 2000 the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in thefollanyjngy mprtipwats: 47 1. *01-3 “07-41 13-1 61C-1.004(9)(a) FAC NFPA 10, 1-5.1 NFPA 10, 3-5 NEPA 10, 3-1.4 61C-1.004(11) FAC 61C-1.004(10) FAC 61C-3.001(9) FAC 61C-1.004(6) FAC GWiSiuh UF eo YE Fire Extinguisher Installation -- Fir Bit susie alee installed in accordance with NFPA 10,'Standard for Portable Fire Extinguishers. {Low] hazard ... locations ... include ...guest room areas of hotels/motels, etc, [These locations shall be protected by the installation of potable fire extinguishers with a minimum rating of] 2-A:10-B:C provided for each 3000 square feet of floor space on each level and installed so that the travel distance to any extinguisher shall not exceed 75 feet. On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accordance with Tables 3-2.1 and 3-3.1. OBSERVED PORTABLE FIRE EXTINGUISHERS NOT PROVIDED ON PREMISES. Electrical wiring -- To prevent fire or injury, cefective electrical wiring shall be replaced and wiring shall be kept in good repair . . OBSERVED NO COVER ON WALL SOCKET AT TOP OF STAIRS IN FRONT BUILDING. OBSERVED COVER PLATE MISSING ON ELECTRICAL SOCKET ON OUTSIDE OF BACK BUILDING IN FRONT AREA. ... Halls, entrances and stairways shall be... well-lighted day and night... . OBSERVED LIGHTING NOT PROVIDED IN HALLWAY STAIRCASE IN FRONT BUILDING. : Kitchen appliances and refrigeration equipment shail be kept clean and free from odors and in good repair, Refrigerators shall be properly drained. OBSERVED ALL KITCHEN APPLIANCES IN UPSTAIRS BACK BUILDING APARTMENT INOPERABLE. OBSERVED STAIRWAY SHAKEY AND UNSAFE ON OUTSIDE OF BACK BUILDING ON EAST SIDE. All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED STAIRWAY IN DISREPAIR AT REAR BUILDING Exhibit A Page 1 of 3 +24. 25-2 61C-1.004(3) FAC 61C-3.001(7) FAC \we/ sense #; 60-00167-H Case #: 02-00-186 OBSERVED WINDOWS BROKEN ON FIRST AND SECOND FLOORS OF FRONT BUILDING SOUTH SIDE. OBSERVED HURRICANE SHUTTERS ON SECOND FLOOR BROKEN AND IN DOWN POSITION. OBSERVED WINDOWS BROKEN ON FIRST AND SECOND FLOOR ON FRONT BUILDING ON EAST SIDE. OBSERVED STUCCO FALLING OFF FRONT BUILDING ON EAST SIDE. OBSERVED STUCCO FALLING OFF EXTERIOR WALLS OF FRONT BUILDING ON NORTH SIDE. OBSERVED WINDOW BROKEN ON LOWER FLOOR OF FRONT BUILDING ON NORTH SIDE. OBSERVED DOORS FALLING OFF STORAGE SHED AT BACK BUILDING. OBSERVED HOLE IN ROOF STORAGE SHED ATTACHED TO BACK BUILDING. OBSERVED CEILING IN KITCHEN AND FAMILY ROOMS FALLING IN AT UPSTAIRS BACK APARTMENT. OBSERVED WINDOW BROKEN ON DOOR TO DOWNSTAIRS APARTMENT AT BACK BUILDING. OBSERVED WINDOW BROKEN ON EAST SIDE OF BACK BUILDING ON SECOND FLOOR, OBSERVED CRAWL SPACES UNDER FRONT BUILDING AT SOUTH SIDE UNCOVERED. OBSERVED SCREENS RIPPED AT NORTH SIDE OF FRONT BUILDING ON FIRST FLOOR, OBSERVED CRAWL SPACE UNDER FRONT BUILDING ON NORTH SIDE NOT ENCLOSED. OBSERVED SCREENS RIPPING ON WINDOWS ON WEST SIDE OF FRONT BUILDING. OBSERVED DOOR MISSING AT UPSTAIRS APARTMENT IN BACK BUILDING. Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free ‘sondition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material Shall not be less than 16 mesh to the inch or equivalent, tight- fitting and free of breaks. ... OBSERVED RODENT DROPPINGS IN UPSTAIRS APARTMENT AT BACK BUILDING. OBSERVED RODENT DROPPINGS ON SHELVING IN STORAGE SHED ADJACENT TO BACK BUILDING. ... All unused and discarded equipment and materials shall be removed from the premises, except when placed in a designated storage area. Exhibit A Page 2 of 3 8. . *38-2 509.241(1) FS 509.241(2) FS 61C-1.002(6) FAC * CRITICAL VIOLATION \ud/ - ivence #: 60-00167.4 Case #: 02-00-186 OBSERVED EXCESS DEBRIS IN BACK OF FRONT . BUILDING (TIRES, OIL, CAR DOORS, TRASH, REFRIGERATOR). LICENSES; ANNUAL RENEWALS.—Each public lodging establishment ... shall obtain a license from the division Such licenses may not be transferred from one place or individual to another... Licenses shall be reriewed annually, APPLICATION FOR LICENSE.-- Each persion who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. A condominium association, as defined in s. 718.103, which does not own any units classified as resort condominiums under s. 509.242(1)(c) shall not be required to apply for or receive a public lodging establishment license. Itis the responsibility of the licensee to renew the license prior to the expiration date... Any public lodging ... establishment Operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. . OBSERVED ESTABLISHMENT OPERATING PRIOR TO OBTAINING A LICENSE FROM THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS ($151.00 PLUS $50.00 APPLICATION FEE for 98/99 and $151.00 PLUS $50.00 APPLICATION FOR 99/00). Exhibit A Page 3 of 3

Docket for Case No: 00-002950

Orders for Case No: 00-002950