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: Dec. 23, 2024
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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
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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.
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Jun. 28, 2002 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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May 29, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
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May 29, 2002 |
Petitioner`s Witness List (filed via facsimile).
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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).
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May 16, 2002 |
Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
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May 14, 2002 |
Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
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Apr. 19, 2002 |
Order of Pre-hearing Instructions issued.
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Apr. 19, 2002 |
Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
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Apr. 01, 2002 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Mar. 22, 2002 |
Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
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Mar. 22, 2002 |
Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
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Dec. 04, 2001 |
Order Closing File issued. CASE CLOSED.
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Dec. 04, 2001 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile).
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Nov. 30, 2001 |
Joint Motion for Continuance of Rescheduling (filed via facsimile).
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Oct. 10, 2001 |
Order of Pre-hearing Instructions issued.
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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).
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Oct. 05, 2001 |
Status Report (filed byPetitioner via facsimile).
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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.
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Aug. 27, 2001 |
Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
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Aug. 14, 2001 |
Status Report and Request for Hearing (filed by Petitioner via facsimile).
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Aug. 02, 2001 |
Order Granting Continuance issued (parties to advise status by August 9, 2001).
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Aug. 01, 2001 |
Joint Motion for Continuance (filed via facsimile).
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Jul. 25, 2001 |
Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
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Jul. 24, 2001 |
Notice of Ex Parte Communication issued.
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Jul. 23, 2001 |
Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
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May 29, 2001 |
Order Cases: 01-001909, 01-001910, 01-001911, 01-001912) were added to the consolidated batch.
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May 29, 2001 |
Order of Pre-hearing Instructions issued.
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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).
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May 22, 2001 |
Order CASE REOPENED.
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May 22, 2001 |
Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
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May 17, 2001 |
Motion to Consolidate (with case nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed.
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May 16, 2001 |
Motion to Reopen File filed.
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May 16, 2001 |
Notice of Appearance (filed by G. Hoge).
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Oct. 24, 2000 |
Order Closing File issued. CASE CLOSED.
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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.
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Aug. 08, 2000 |
Notice of Hearing by Video Teleconference Issued. (hearing October 20, 2000; 9:00 a.m.)
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Aug. 08, 2000 |
Order issued. (consolidated cases are: 00-002446, 00-002447, 00-002448, 00-002449, 00-002450, 00-002451)
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Jul. 25, 2000 |
Amended Response to Initial Orders and Motion to Consolidate filed.
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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.
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Jun. 15, 2000 |
Initial Order issued. |
Jun. 13, 2000 |
Administrative Complaint filed.
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Jun. 13, 2000 |
Agency Referral Letter Requesting Hearing filed.
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