on FSsIONAL REGULATION _ T OF BUSINESS & PR Jeb Bush, Governor hk nail i i dil al, lili as i al i iB. SN ‘October 15, : “HENEGHANWMF &BD {. 4 BS FREEZETTE DR IN j 473 HIGHWAY 17/92 i "DEBARY, FL 32713 4 License Number: 74200293-R : i Case Number: 4-99-932 is and Restaurants has filed the enclosed Administrative Complaint against” ~~” : tle this administrative action to avoid costly litigation with the division. For purposes of settlement only, a reduced fine has been calculated and offered in the amount of $50.00. This amount does not include any outstanding license fee(s), delinquent fee(s) rice fee(s), if applicable. After you have signed and returned the enclosed stipulation, it will yrwarded to the Division Director-for final approval and acceptance. A final copy of the stipulation will be mailed to you and your fine payment will be due within 30 days of the agency clerk date appearing on the front of the stipulation. As part of the stipulated order, you must attend a HEP class within 60 days of this clerked date. Please call 1-800-704-1076 to schedule a time and place to receive the required training. When you report to the training class, please have your instructor sign this letter as designated at the bottom and return the signed form to the address below in order to get credit for your class attendance. Please be sure to retain a copy for your records. Ju y wish to sé es within the time specified in this jeter or if you desire » "a hearing in these procéedings, you must request a hearing within the time specified in the _ Administrative Complaint. Otherwise, a default fina! order.will be issued by the division and you | subject to a $1000 fine for each offense and for each day you operated in violation of ter 509, Florida Statutes, and the Administrative Rules promulgated thereunder. ‘ Ifyou have any questions regarding this complaint or the offered settlement please contact your Settlement Officer, Barbara Dietrichsen, at Tel. #: (813) 272-2999 or Fax #: (813) 272-3173. : : : 2.” However, if you do not settle these charg trict Administrator” ~~ “DIVISION OF HOTELS AND RESTAURANTS uite 290 ¢ 941 West Morse Boulevard e Winter Park, Florida 32789 Rev. 03/18/99 1 4 oe Hal i ok ibe a a are eee ele da i lili i i i ck i i lie ee = sic asi ianiaakie. hill. laa Mit in il UB tek al li fl Rey. 03/18/99 Department of Business and Profes ional Regulation, ees Division of Hotels and Restaurants, Petitioner, ey vs. O0-0015, oe Case Number: 4-99-932 “ Spluitwlane’ tes cusituvaba ttc autiisk tn clas tin. tes License Number: 74-00293-R -. HENEGHAN WMF&BD ~ dibla_ 4 BS FREEZETTE DR IN 473 HIGHWAY 17/92 . DEBARY, FL 32713 Respondent. ~ aa wea a[!_“eeeneeeeeeeee / "ADMINISTRATIVE C COMPLAINT ‘COMES NOW, the Departm nt of Business and Professional Regulation, “Division of Hotels and Restaurants ‘(hereinafter referred to as "Division" fi files this administrative . ‘complaint against HENEGHAN WMF&BD D (hereinater referred to as = "Respondent. for by law or rule, or any combination thereot. vie he Rl GR OC a ee RR ah ke eee — ~ COUNTS coors alka bb, AOMbRLian. > he sa isurhan aia eae ili. Racin, Mle ha al 75 - rule, or any / combination thereof. oe Kendall Burkett = District Administrator Case NO: 4-99-932 a Business Name: 4 BS FREEZETTE DRIN Sh, Mek i ale i A, A, as, i si: lnc ai hn a. ahaha, te. “ a . li. Ae aR Bi Le de a A, I A A a ids. Mii aa laa all tlsid. ob 0 eM. Ric iol + Ail A) conse # #: 74-00293 R + Case it 04-99- 932 a s , alleged on Rist L, 199 ber 3, 1999 and September 23,1999 the licensee was in violation Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code, in . - Any chan $ in the number ‘of seats t§ provided which may affect the license fee, the Florida Clean Indoor Air Act, fire safety, ‘bathroom Tequirements ‘or any other sanitation and safety quirements provided in law or rule, shall be reported immediately to . . 61C-1.00 TI WERE PROVIDED. THE CURRENT LICENSE ALLOWS 80. WRITTIN APPROVAL FROM HEALTH Exhibit A . Page 1 of 1 oh Si i al ai Hl i i a ‘i i, ik A A a i a eli A i i i i i a HS a MEDIATION _ Section 120.573 Med “CHAPTER 120 Ee Pi su ~ hearing involving disputed issues of material fact before the Division of Administrative if you wi . .. in writing within 21 days following receipt of this Administrative Complaint. You may use ". the Request for Hearing form that accompanies this complaint. If your request for a formal cglicense NO os Case NO: 4-99-5 ~~ _«. .Business Name: 4 BS FREEZETTE DR ¢ y affect your substantial "interests. Mediation of this administrative dispute is not available. However, you may request a hearing on the charges, pursuant to chapter 120, FS, and as further detailed in this notice. AMERICANS WITH DISABILITIES Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this proceeding is asked to advise the agency at least forty-eight (48) hours before the proceeding or hearing by contacting the Office of “Compliance, 1940 North Monroe Street, Tallahassee, FL 32399-1012, or telephone “umber 850/488-9263. If you are hearing or speech impaired, please contact the agency by calling 1 (800) 955-8771 (TDD) t to Chapter you have the right to a hearing, either: 1)a Hearings (formal hearing), or 2) a hearing not involving disputed issues of material fact before the Division (informal proceeding). All hearings are conducted in English. aring or an eding, you must ask for it hearing, an informal proceeding or the settlement stipulation is not received by the Division -~- with a postmark no later than 21 days following receipt of this complaint, your right to a formal hearing or informal proceeding is waived. The Division will then enter a final order of default against you. The final order of default could require you to cease and desist from iviti to be unlawful, suspend or revoke your license or permit, impose vé penalties and/or require such other relief as may be authorized by law. 2 Division does not accept the settlement offer, and it was filed within 21 days of ¢ of this complaint, it will be considered a timely request for an administrative hearing. eet, Tallahassee, FL 32399-1012. The written request must contain the mation: — e id address of the party g , ; at the party is making a request for either a formal hearing or formal proceeding. ee oo |. 3. Areference to the Administrative Complaint that the party has received. Rev. 03/18/99 eee , oe IN ; botes s request must be filed with the Compliance Administrator, D PR, 940 North ~~ 4. Asta forth all issues of material fact tha are disputed, if any. cifically, you must identify each material fact in the Administrative Complaint that you -— dispute and state any factual grounds upon which you base your dispute. ; If there is a formal hearing, you have the right to appear in your own be alf, be represented “by your attorney, bring witnesses and evidence, cross-examine any witnesses produced _against you by the state, and have subpoenas and subpoena duces tecum issued on your behalf. If you have requested and are entitled to a formal hearing, you will be notified of ... time, place, and date of the hearing. You may file exceptions to a recommended order issued by the administrative law judge. a tn he a ral evidence in accordan: 0.57(2), Florida Statutes. In an informal @éeding the facts as alleged in the frative Complaint are deemed admitted, and evidence in mitigation of the facts may be presented at the informal proceeding. If there “is an informal proceeding, you will be notified as to the time period within which to submit ~~written documentation or legal argument that you wish the Division to consider in mitigation © of the charges in this Administrative Complaint. _ (SERVICE: | hereby certify that a true copy of the Administrativel . [complaint has been served this day of ,19 . ~~ [Personal Service by . Cerified Article Number |Certified Mail # _ 973 2b eb |(Attach receipt if served by mail) SENDERS RECORD __|Received By/Served on “/Title: Time: ; or : . Conspicuously posted at the establishment (give location): se Rev. 03/18/99 License NO: 74-00293-R Case NO: 4-99-932 """™ .. Business Name: 4 BS FREEZETTE DR IN —_——— NS newark SRS + mc a a RR BA i i RR Ee i A kl A fi i WS P4973 O2b beb HENEGHAN W MF &BD 173 HIGHWAY 17/92 DEBARY, FL 32713 a Dept. of Business & Prof. Regulation i SENDER: _bivision of Hotels & Restaurants ; REFERENCE: i . License No. 74-00293R Case No. 4-99-932 |_PS FORM 3800, SEPTEMBER 1995 ipt Fee PT RETURN RECEIPT SERVICE El Restricted Delivery Total Postage and Fees US Postal Service POSTMARK OR DATE Receipt for )O-IP-49 | Certified Mail No Insurance Coverage Provided Do not use for International Mail License No. 74-00293R Case No, 4-99-932 SENDER: l also wish to receive the aie Dept. of Business & Professional Regulation | following service (for an extra fee): Division of Hotels & Restaurants RESTRICTED C] DEUVERY Consult postmaster for fee. Article Addressed to: oo eee ao. HENEGHAN WMF &BD - 173 HIGHWAY 47/92 : DEBARY, FL 32713 4a. Article Number P9473 Oe@bbeb TT | CERTIFIED 4b. Service Type . ia . Sighatyr& (Addvessee or Agent) & Form 3811, Recember 1994 Domestic Return Receipt

Docket for Case No: 00-000675