Received Event (Event Succeeded) Date: 1217/2004 Time: 10:18 AM Pages: 5 Duration: 1 min 56 sec Sender: 8504146749 Company: Fav Numbhar- Suhiart- qT 12/a7/20@4 18:17 8594146749 DBPR OGA PAGE 63/85 due we STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. ty A [ 7. tf YORK INN OF MELBOURNE License No. 1501032 U | ‘ L \U ) Respondent. License Type 2002 Motel / Case No. 2004043974 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against YORK INN OF MELBOURNE, (‘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 Section 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 ofthe - Division of Hotels and Restaurants. The respondent’s business address of record is 4455 W NEW HAVEN AVE, MELBOURNE, FLORIDA 329043399. The mailing address of record is YORK INN OF MELBOURNE, at 4455 W NEW HAVEN AVE, MELBOURNE, FLORIDA 328043399. 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, reveated 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. Inspection documents are attached as Exhibit “B", 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 $1,000 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 August 31, 2004 N Valerie Freeman, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation : 9 1940) North Monroe Street Certified Article Number Tallahassee, Florida 32399-1007 FULD 390L Waua 5780 7284 CERTIFICATE OF SERVICE SENDERS RECORD BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct copy of the foregaing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2004. Racelved by: Operator's Signature Inspector's Signature Title Title Case Number: 2004043974 Form revised 7/27/04 License Type: 2002 Motet District Number: 04 YORK INN OF MELBOURNE License Number: 1501032 Received Event (Event Succeeded) _ 10:18 AM Date: 12/7/2004 Time: Pages: 5 Duration: 41 min 56 sec Sender: 8504146749 Company: Fay Numbhor: Subiort 12/87/2004 14:17 9584146749 DBPR OGA PAGE 84/85 TN License Number: 1501032 License Type: 2002 MOTEL Case Number: 2004043974 Exhibit A “EC 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 pravisions of the National Fire Protection Association Life Safety Code, incomorated 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 July 29, 2004 and August 9, 2004 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. Copy(s) of the report(s) for the above referenced inspection(s) are attached tereto and incorporated by reference as Exhibit B * 4,28-06 61C-3.002(3)(B) FAC SIGNS - THE ACTUAL RATES FOR PUBLIC LODGING ESTABLISHMENTS RENTED BY THE DAY OR WEEK DISPLAYED ON ANY STATIC DISPLAY OR ELECTRONIC SIGN OR SIGNS VISIBLE FROM A PUBLIC HIGHWAY OR STREET SHALL NOT EXCEED THE MAXIMUM RATE SCHEDULES POSTED IN EACH GUEST UNIT AND FILED WITH THE DIVISION. AT AMINIMUM, ANY SIGN OR SIGNS AS DESGRIBED ABOVE, DISPLAYING ANY ROOM RATE INFORMATION SHALL INCLUDE: 1. THE NUMBER OF ROOMS AVAILABLE AT EACH RATE; 2. THE RATE FOR SINGLE OCCUPANCY; 3. THE EXTRA PERSON CHARGE IF, APPLICABLE; AND 4. THE EFFECTIVE DATES OF SUCH RATES, IN ACCORDANCE WITH SECTION 509.201, FS. {EXEMPTION ~~ 610-3.002(5) FAC: RESORT CONDOMINIUMS, RESORT OWELLINGS AND NONTRANSIENT APARTMENTS ARE EXEMPT FROM SUBSECTIONS (1), (2), AND (3) OF THIS RULE.] THE PRICE ADVERTISEMENT DID NOT INDICATE THE NUMBER OF ROOMS AVAILABLE AT EACH RATE. THE STREET SIGN STATED THERE WERE THIRTY ROOMS AVAILABLE AT $29,95, THERE ARE TWO HUNDRED AND THIRTY-FIVE ROOMS TOTAL ON THE LICENSE. * denotes critical violation Exhibit A Case Number: 2004043974 Page 1 License Type: 2002 MOTEL License Number: 1501032

Docket for Case No: 04-004342