ier STATE OF FLORIDA OR -109 Y DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS sts DEPARTMENT OF BUSINESS AND : PROFESSIONAL REGULATION, Petitioner, . vs. : he NEW ARENA SQUARE NORTH AND SOUTH License No. 23-27901-H /; APARTMENTS Case No. 1-02-17 Respondent. i ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS, (“Respondent”), and says: 4. 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. 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 last known business address is 240 NORTHWEST 21 STREET, MIAMI, FL_33127.The last known mailing address is NEW ARENA SQUARE NORTH AND SOUTH LIMITED, 1023 NORTHWEST 3 AVENUE, MIAMI, FL 33136. 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. 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 January 23, 2002 : So, E> leas Shannie Kallas, Dis trict Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, Senior Attorney Florida Bar No. 0909289 Department of Business & Professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE VERDES 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 , 2002 Received by: Inspector's Signature , Operator's Signature oo Title Title Case No: 1-02-17 Revised 1/1/2002 License No: 23-27901-H Business Name: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS License #: 23-27901-H . Case #: 01-02-017 Exhibit A “FC” as cited herein references specific provisions of the 1999 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter G1C, 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. It is alleged that on December 28, 2001, the licensee 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: 4. *01-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. 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 installation 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 1A10 BC TYPE FIRE EXTINGUISHER INSTALLED AT APARTMENT #304 (MUST BE 2A10BC FIRE EXTINGUISHER). Exhibit A . Page 1 of 1

Docket for Case No: 02-001094