DA~ (OFS STATE OF FLORIDA vom DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION’ 7» DIVISION OF HOTELS AND RESTAURANTS wp ¢ ae) DEPARTMENT OF BUSINESS AND &h 1g Py PROFESSIONAL REGULATION, sy VI: h9 Petitioner, f an . vs. i NEW ARENA SQUARE NORTH AND SOUTH License No. 23-15636-H APARTMENTS Case No. 1-02-18 Respondent. ! 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 275 NORTHWEST 10 STREET, MIAMI, FL 33136.The last known mailing address is NEW ARENA SQUARE NORTH AND SOUTH LIMITED, 1023 NORTHWEST 3 AVENUE, MIAMI, FL 33136. 3. Inspecticn 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 eRe Pee EN Shannie Kallas, District 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 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 2. SSS on this day of , 200! Received by: Inspector's Signature Operator's Signature EE Title Title Case No: 1-02-18 Revised 1/1/2002 License No: 23-15636-H Business Name: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS License #: 23-15636-H - Case #: 01-02-018 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 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. 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: . 1. *01-1 61C-1.004(5) FAC All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. OBSERVED NO FIRE EXTINGUISHERS INSTALLED IN APARTMENTS #110, #115 AND #229. 2. *08-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept... free of obstructions. OBSERVED SECOND AND THIRD FLOOR EXIT SIGNS IN NEED OF NEW BULBS. 3. *12-1 509.211(4) FS Each public lodging establishment that is three or more stories in height must have safe and secure railings on all balconies, platforms, and stairways, and all such railings must be properly maintained and repaired. The division may impose administrative - sanctions for violations of this subsection pursuant to s. 509.261. OBSERVED RAILING IN DISREPAIR BY APARTMENTS #109, #224, #301 AND #327. Exhibit A Page 1 of 1

Docket for Case No: 02-001095