STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ; DIVISION OF HOTELS AND RESTAURANTS 70th SEP -) AT: 13 DEPARTMENT OF BUSINESS AND : DIVISION OF PROFESSIONAL REGULATION lo - 4 DY VISION OF j . ADMINISTRATIVE Petitioner, 1 vs. HEAR HGS License No. 2705800 HOUSE OF Love dent. License Type 2004 espon i Case No. 2006026351 ADMINISTRATIVE COMPLAINT . The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against HOUSE OF LOVE, ("Respondent"), and says: {. 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 7667 KIPLING ST, PENSACOLA, FLORIDA 32514.The mailing address of record is HOUSE OF LOVE, at 5191 ZACHARY BLVD, PENSACOLA, FLORIDA 32526, 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; 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. Signed May 15, 2006 Ken Hensdill, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No, 0153831 Department of Business & Professional Reguiation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 71603901 9848 5781 1464 (HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been ‘hand served by me on this, day of , 2006. Received by: Inspector's Signature ~ Operator's Signature Title Title Case Number; 2006026351 District Number; 06 Licanse Number: 2705800 2004 Form revised 03.06.06 HOUSE OF LOVE Exhibit'A License Number: 2705800 License Type: 2004 ROOMING HOUSE Case Number: 2006026351 “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 March 29, 2006 and May 3, 2006 the IIcensee 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. 1.30-01 61C-3.002(1) FAC FILING - THE RATES TO BE CHARGED FOR EACH ROOM IN EVERY PUBLIC LODGING ESTABLISHMENT SHALL BE FILED WITH THE DIVISION ON BPR FORM 7019, ROOM RATE SCHEDULE, INCORPORATED HEREIN BY REFERENCE AND EFFECTIVE 1-17-03, WHICH FORM SHALL BE PROVIDED BY THE DIVISION. COPIES OF THIS FORM MAY BE OBTAINED FROM ANY DIVISION OFFICE. [EXEMPTION -- 61C-3.002(5) FAC: RESORT CONDOMINIUMS, RESORT DWELLINGS AND NONTRANSIENT APARTMENTS ARE EXEMPT FROM SUBSECTIONS (1), (2), AND (3) OF THIS RULE.] OBSERVED NO ROOM RATE SCHEDULE FILED WITH DIVISION OF HOTELS AND RESTAURANTS. 2, 31-01 509.201(1)FS COPIES OF THE POSTED RATE SCHEDULES FOR ALL SIMILAR RENTAL ‘UNITS IN EACH ESTABLISHMENT SHALL BE FILED WITH THE DIVISION AT LEAST 5 DAYS BEFORE SUCH RATES ARE TO BECOME EFFECTIVE AND SHALL BE KEPT CURRENT. [EXEMPTION -- 509,201(4) FS: SUBSECTION (1) AND PARAGRAPHS (A), (B), AND (C) OF SUBSECTION (2) DO NOT APPLY TO ANY FACILITY OR UNIT CLASSIFIED AS A RESORT CONDOMINIUM, NONTRANSIENT APARTMENT, OR RESORT DWELLING AS DESCRIBED IN S. 509.242(1)(C), (D), AND (G) OBSERVED NO ROOM RATES POSTED IN ROOMS/UNITS. Case Number: 2008026351 Distrlet Number: 06 License Number: 2705800 2004 Form ravised 03.06.06 HOUSE OF LOVE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS. www.mnyficrida,com/dbpr LODGING INSPECTION REPORT LEGAL NOTICE INth SEP-4 A I [3 Fallure to comply with this Notice may Indate an administrative complaint that may result In suspension or revocation of your Ilcense and fines, 3/29/08 9:48:45 AM Routine a7ossoo LIIYISINN OS NRMH Inspection Date and Time Inspection Reason . Licangd mabe! S TR All y E FINKLEY FANNIE WARNING: i ADA Owner Name Miotatlons In the operation of your establishment 850475414 EA R | i &S HOUSE OF LOVE must be corrected by: Area Code/Telephone Number Business Name Inspection Result 44 04/29/2006 08:00 AM 6/01/06 Number of Units ; Callback Date/Time License Expiration 7667 KIPLING ST PENSACOLA FL 32514 Address / Clty / State / Zip / atc. ttem 01: Fire Extinguishers {tem 03: Sprinklers and Standpipe Certification Date: 4/05 Item 04: Alarm Systams Cartlficatton Date; 8/06 (tem 12: Balcony Certification NOTE: Items marked above with an asterisk (*) Indicate a violation Inspector's Comments Provided Web Site: www.myflorida.com/dbpr | acknowledge receipt of this Inspection form and comments. 3/29/06 ; Date Signature of Recipient Inspector Signature Recipient: Fannie Finklay For further information please contact: Rusooi! Crowley Title Owner Sanitation and Safely Spectolst 7946 Front Baac Road Ponoma : Gity Beach, F132407 Phone 8504754142 850.487.1305 @ systems "12 Balcony, railing safety; maintained 13 Building rapatr "14 Proper locking devices SANITATION 15 Bathrooms; public; quest; supplles "16 Water source safe; hocald provided 17 Bedding; bed Inens, towels 18 Household fumishings "04 Smoke detectors; fire alarm systems "05 Smoke detectors; hearing Impalred Yes 06 Exits; obstructions, exit signs, emergency Nights 07 Electrical Deficiencies “08 Boller, boller room 709 Lighting; public, quest rooms __|Yes 9 “10 Adequate heating fe fa Ventilation Yes Yes 11 Appliances properly Installed; maintained ‘21 Toxics; storage, use Violations marked with an asterisk pre crilical violations, Items marked YES are in compliance, lems Marked NO are violations, Specific details of violation are listed on subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted al the time of inspectian, DBPR Form HR 8022-014 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH 2705800 a DIVISION OF HOTELS AND RESTAURANTS Business Name wew.myflorida.com/dbpr HOUSE OF LOVE LODGING INSPECTION REPORT ooo as er4B:45 AM LEGAL NOTICE ~~ Fallure to comply with this Notice may initiate an administrative complaint that may resutt In suspension or revocation of your license and fines. ONSUMER PROTECTION "22 Ice protection "23 Glassware; tableware: utenlls sanitized "24 Vermin control 25 Premises matniained 26 Garbage and refuse disposal STATUS GENERAL Yes t 35 Florida Claan Indoor Air Act "28 Adveriisament Yes 40 Other conditions, safe, sanitary 29 Guest property; lability, notifled Yes 41 Posting operator service Information No 30 Room rate schedule Yes 42 Blocking operator access No 31 Room rales posted Yes 143 Copy of Ch. 509, FS: available 32 Security deposit "33 Unathical business practice; overbooking INFORMATION tality Education Program Information provided Yas Violations marked with an asterisk are critical violations, Items masked YES are in compliance, !tems Marked NO are violations. Specific detalis of violation aro listed on subsequent pages, lems marked N/A ure Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted at the Ume of inspection. Warning(s): 30-01 - Observed no room rate schedule filed with this Division. Provided blank room rata schedule form, 31-01 » Observed no rate posted In the room/unit, DBPR Form HR 5022-014 EX Fie NOTICE TO SHOW CAUSE You will be issued a Notice to WARNING OF DIRECT NOTICE: Failure ta bein compliance CComptied [i{Hearing requested CINot complied Out of business L_] Pre- anernes C]Pre-hearing with this notice at any Show Cause why sanctions (_]On Stipulation . future inspection may should not be assessed against (On Hearing Order DTime extended date: 1 ot result in a direct Notice to your ficense, -A Hearing will be Doother: Shaw Cause. held at a time and place to be designated by the director. time; OwnerName: Ef Fapnd E_ Business Name: I-/ Ouse © CE Business Address: ii Business City: 0-0 RE A “S Senin wall ‘Ss SIGNATUR vO) Sy coor Es pc BT. 95 oe form HA §022-005 Ravised 03 Fubruary 1898 RECIPIENT'S NAME (PLEASE PRINT) TITLE mee & NAME EASE PRINT) fp a3 POP ble. O ts ne f o [te

Docket for Case No: 06-003294

Orders for Case No: 06-003294