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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SOLOMON YUKEN, D/B/A ARENA GARDENS APARTMENTS, 00-002447 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002447 Visitors: 22
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SOLOMON YUKEN, D/B/A ARENA GARDENS APARTMENTS
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 13, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 2, 2002.

Latest Update: Sep. 21, 2024
og ee Yo U STATE OF FLORIDA EF; Nok D DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATHE 00 JUN 13 PH 1:33 Department of Business and Professional Regulation, Division of Hotels and Restaurants, DIVISION .. ADMINISTRATIVE Petitioner, HEARINGS vs. 60-244 T Case Number: 1-99-213 License Number: 23-25469-H YUKEN SALOMON . dibla ARENA GARDENS APTS. 23 4601 NW 1 COURT MIAMI, FL 33125 Respondent. coaeeten renee cee nee etmnnennmnnet | ADMINISTRATIVE COMPLAINT ee eee COMES NOW, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter referred to as "Division") files this administrative complaint against YUKEN SALOMON (hereinafter referred to as "Respondent'). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The Division has jurisdiction over the subject matter of, and the parties to, this proceeding pursuant to Chapter 509, Florida Statutes. 2. At all times relevant to the facts alleged in this administrative complaint, Respondent held a license number: 23-25469-H for the operation of a public lodging establishment. Respondent's last known address of record is 1601 NW 1 COURT, MIAMI, FL 33125. . 3. Petitioner seeks to revoke; suspend; impose administrative fines; impose a civil penalty; require corrective action, and additional or other penalties as may be provided for by law or rule, or any combination thereof. Rev. 03/18/99 Cn U Control No 23-25469H Case No:_1-99-213 Page No: _1. of_1 On May 19, 1999, the following violations of Rules of the Florida Statutes (FS) and/or. 1995 Food Code(FC) and/or Florida Administrative Code(FAC) | and/or National Fire Protection Association(NFPA) Life Safety Code were found to exist at said Arena Gardens Apts., 1601 NW 1 Court, Miami, Fl 33125. VIOLATIONS *Q)1-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. VIOLATION: OBSERVED FIRE EXTINGUISHERS MISSING. *06-2 61C-1.004(10) FAC Means of access must permit unobstructed travel at all times and be maintained free of obstructions . VIOLATION: OBSERVED EXIT SIGNS NOT ILLUMINATED. *07-1 61C-1.004(11) FAC Electrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. . .. VIOLATION: OBSERVED ELECTRICAL LIGHT FIXTURES DANGLING FROM OUTLET THROUGHOUT BUILDING. 13-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. VIOLATION: OBSERVED A HOLE IN BASE OF STAIRS AREA BY THE MAILBOXES. 25-1. 61C-3.001(7) FAC Premises -- The yards, alleys, driveways, sidewalks, and . other exterior portions of the licensed premises shall be kept clean, free of debris, free of objectionable odors, and properly drained, maintained and mowed. . . . VIOLATION: OBSERVED EXCESS LITTER AND TRASH ON GROUNDS OF ESTABLISHMENT. . *=CRITICAL Woe ww] COUNTS 4. Petitioner realleges and incorporates by reference, as if fully stated herein, the allegations contained in paragraphs 1 through 2, above. 5. The factual allegations and charges are specifically set forth in the attached Exhibit A, incorporated by reference in this administrative complaint as if fully and completely restated herein. Each listed violation is a separate charge. WHEREFORE, the Division of Hotels and Restaurants hereby charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civil/administrative penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof. “for. 0. FALLAS District Division Of Hotels and Restaurants SIGNED July 20, 1999 : Rey. 03/18/99 . License NO: 23-25469-H Case NO: 1-99-213 Business Name: ARENA GARDENS APTS.

Docket for Case No: 00-002447
Issue Date Proceedings
Jul. 02, 2002 Order Closing File issued. CASE CLOSED.
Jul. 02, 2002 Stipulated Settlement and Consent Order filed by Petitioner.
Jun. 28, 2002 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 29, 2002 Petitioner`s Exhibit List (filed via facsimile).
May 29, 2002 Petitioner`s Witness List (filed via facsimile).
May 20, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 4 and 5, 2002; 10:00 a.m.; Miami, FL).
May 16, 2002 Petitioner`s Motion in Opposition of Continuance (filed via facsimile).
May 16, 2002 Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
May 14, 2002 Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
Apr. 19, 2002 Order of Pre-hearing Instructions issued.
Apr. 19, 2002 Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
Apr. 01, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
Mar. 22, 2002 Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
Mar. 22, 2002 Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
Dec. 04, 2001 Order Closing File issued. CASE CLOSED.
Dec. 04, 2001 Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Nov. 30, 2001 Joint Motion for Continuance of Rescheduling (filed via facsimile).
Oct. 10, 2001 Order of Pre-hearing Instructions issued.
Oct. 10, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for December 14, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 05, 2001 Status Report (filed byPetitioner via facsimile).
Oct. 03, 2001 Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
Oct. 02, 2001 Order Granting Continuance issued (hearing cancelled, parties to advise status by 10/08/2001).
Oct. 01, 2001 Motion for Continuance or Rescheduling and for Consolidation of All Pending Complaints (filed by Respondent via facsimile).
Aug. 27, 2001 Order of Pre-hearing Instructions issued.
Aug. 27, 2001 Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
Aug. 14, 2001 Status Report and Request for Hearing (filed by Petitioner via facsimile).
Aug. 02, 2001 Order Granting Continuance issued (parties to advise status by August 9, 2001).
Aug. 01, 2001 Joint Motion for Continuance (filed via facsimile).
Jul. 25, 2001 Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
Jul. 24, 2001 Notice of Ex Parte Communication issued.
Jul. 23, 2001 Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
May 29, 2001 Order Cases: 01-001909, 01-001910, 01-001911, 01-001912) were added to the consolidated batch.
May 29, 2001 Order of Pre-hearing Instructions issued.
May 29, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for August 13, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
May 22, 2001 Order CASE REOPENED.
May 22, 2001 Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
May 17, 2001 Motion to Consolidate (with case nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed.
May 16, 2001 Motion to Reopen File filed.
May 16, 2001 Notice of Appearance (filed by G. Hoge).
Oct. 24, 2000 Order Closing File issued. CASE CLOSED.
Oct. 20, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Sep. 19, 2000 Notice of Appearance (filed by D. Theriaque).
Aug. 08, 2000 Order of Pre-Hearing Instructions issued.
Aug. 08, 2000 Notice of Hearing by Video Teleconference Issued. (hearing October 20, 2000; 9:00 a.m.)
Aug. 08, 2000 Order issued. (consolidated cases are: 00-002446, 00-002447, 00-002448, 00-002449, 00-002450, 00-002451)
Jul. 25, 2000 Amended Response to Initial Orders and Motion to Consolidate filed.
Jun. 22, 2000 (Petitioner) Response to Initial Order and Motion to Consolidate (Cases requested to be consolidated: 00-2446, 00-2447, 00-2448, 00-2449) filed.
Jun. 15, 2000 Initial Order issued.
Jun. 13, 2000 Administrative Complaint filed.
Jun. 13, 2000 Agency Referral Letter Requesting Hearing filed.
Source:  Florida - Division of Administrative Hearings

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