etree enn ern . Division of Administrative Hearines . STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. } Date NEW ARENA SQ NO, & SO. LTD. License No, 23-00000-H *---~ 222 NW 22ND ST APTS Case No. 1-00-3983 Respondent. : - : fi a ¢ . ADMINISTRATIVE COMPLAINT . The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: NEW ARENA SQ NO. & SO. LTD., (‘Respondent’), and says: : a ; BT NEES 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. Respondentis, and has been at all times material hersto, licensed by or subject to the jurisdiction of the - Division of Hotels and Restaurants. The respondent's last known business address is 222 NW 22 ST, MIAMI, FL. 33127.The last known mailing address is NEW ARENA SQ NO. & SO. LTD., 222 NW 22ST, ~ MIAMI, FL. 33127. . : 3. Inspection of this establishment conducted pursuant tu 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. Signed December 12, 2000 Shannie Kallas, B{styict Administrator By delegation of/Susan R. McKinley, Director Division of Hofels & 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 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this day of. . ! , 2000. Received by: Inspector's Signature . Operator's Signature = - Title : Title Case No: 1-00-398 Revised 10/01/2000 License No: 23-00000-H : Business Name: 222 NW 22ND ST APTS ~ License #: 23-00000-H ; Case #: 01-00-398 Exhibit A “FC” as cited herein references specific provisions of the 1997 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. ‘tis alleged that on September 19, 2000 and Octobr 27, 2000, the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels a and Restaurants, Florida AGMINIStFALIVE oor c cicero Code(FAC), in the following particutars: 1. *01-3 61C-1 5-1.004(8)(a) F FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. | “NFPA 10, 1-5.1 [Low] hazard .. - locations ... Include ...guest room areas of . hotels/motels, etc. NFPA 10, 3-5 {These locations shall be protected ‘by the instalation 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. NFPA 10, 3-1.4 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 1A10BC FIRE EXTINGUISHERS INSTALLED THROUGHOUT ESTABLISHMENT, (REQUIRED 2A10BC AND TESTED YEARLY) : *14-1 509.211(1) FS Each bedroom or apartment in each public lodging establishment : shall be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, orto a =~ hallway. OBSERVED KEY NOT PROVIDED FOR FRONT GATE EGRESS. 3. *38-2 509.241(1) FS LICENSES; ANNUAL RENEWALS.—Each public lodging establishment ... shall obtain a license from the division ... ... Such licenses may not be transferred from one place or indivisual to another... Licenses shall be renewed annually, 509.241(2) FS APPLICATION FOR LICENSE.--Each person 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) Exhibit A Page 1 of 2 License #: 23-00000-H Case #: 01-00-398 61C-1.002(6) FAC shall not be required to apply for or receive a public lodging 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. _-. a : : FAILURE TO OBTAIN THE STATE OF FLORIDA, HOTELS © AND RESTAURANT LICENSE FOR FISCAL YEAR 1999/2000 AND 2000/01. TOTAL AMOUNT DUE FOR LICENSE AND Borne dee APPLICATION FEES = $121 + $121 + 100 = $342.00. ExhibitA Page 2 of 2 por

Docket for Case No: 01-001911