73 aR F STATE OF FLORIDA fo be Pry DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND SOE Th P i219 PROFESSIONAL REGULATION Petitioner, vs. A BEACH HOUSE License No. 1500062 Respondent. License Type 2006 Resort Condominium Case No. 2004040872 4 S17 (; dD ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against A BEACH HOUSE, (“Respondent”), and says: 1. 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 of the Division of Hotels and Restaurants. The respondent's business address of record is 3393 & 3395 S. ATLANTIC AVE., COCOA BEACH, FLORIDA 32931.The mailing address of record is A BEACH HOUSE, at 3393 & 3395 S. ATLANTIC AVE., COCOA BEACH, FLORIDA 32931. 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. 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 10, 2004 . A 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 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: __ | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of , 2004. Received by: _ Inspector's Signature Operator's Signature Title Title i” Case Number: 2004040872 Form revised 7/27/04 __.... License Type: 2006 Resort.Condominium. =.= = —--—-— ....___.__ District Number: 04---- License Number: 1500062 A BEACH HOUSE License Number: 1500062 License Type: 2006 RESORT CONDOMINIUM Case Number: 2004040872 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 44-3, "Fire Prevention, General Provisions’, Florida Administrative Code, and 61 C-1.004(5), Florida Administrative Code. itis alleged that on June 11, 2004 and duty 22, 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 hereto and incorporated by reference as Exhibit B. . * 4. 38-02 509.2414(1) & (2) FS & 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LICENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. LICENSES SHALL BE RENEWED ANNUALLY. APPLICATION FOR LICENSE. EACH PERSON WHO PLANS TO OPEN A PUBLIC LODGING 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) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ESTABLISHMENT LICENSE. {TIS 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 OBSERVED A PUBLIC LODGING FACILITY OPERATING WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND RESTAURANTS. * denotes critical violation Exhibit A Case Number. 2004040872 Page 1 License Type: 2006 RESORT CONDOMINIUM _ . _ License Number 1500062 ~~ ~ —- page _! of ef WOTICE TO SHOW CAUSE You will he issued a Notice to WARWING OF DIRECT NOTICE: Failure to bein compliance: with: this notice’ at’ any. future inspection may result ina direct Notice to ' | Show Cause. CComplied : J Hearing requested ‘BQNot complied.” - [2] Out of business TTittie extended Gite Maver gh tines Mame FL Beac| tose ede 334% > At TENTS wa he jena ee TAME aE BS, TORS NAME {PLEASE PRINT] RECIPIENT'S § \ CX ‘pcp PINs NATURE i 2 ‘ vag ge RE i ree ace Revised 2000 August 10 igo men LEGAL NOTICE LODGING INSPECTION REPOR’ Nontransient Apartment DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants CONTROL NUMBER INSPECTOR Count Eile Numpbery 1S | O00 BSuloaveaga ABBooowm BOBeaazas BSBQQGaoonong BSCeoTae SBOSooa ca BAGBSoRBEn pene Oo OO FO aw OWNER NAME 22 ]| Gace Kavan, EY Bea ‘BUSINESS NAME ao A Beach Houle ow 3 294 s. Petlauhce AVE — CITY Co (DA Z L 4 ZIP (Optional) + Hote! Motel Transient Rooming House Individual Condo Individual Dwelling Transient Apartment Group Condo B & FOR RESORT CONDOMINIUMS AND RESORT DWELLINGS ONLY Group Owelling alaaoaasa fons) Number of Bldgs. Building No. Unit No. County No. No. of Units Collective Condo of Bldg. Oe Senn eo o- Collective Dwelling Nontransient Rooming House Bed & Breakfast CoOnDo0DDDooo mR: INSPECTION DATE INSPECTION REASON Failure to comply with this Notice may initiate an 1 @§ Routine administrative complaint that may result in suspension or revocation of your license and fines. 3 ©) Compiaint 4 ©} Information INSPECTION RESULTS ANY VIOLATIONS noted herein must be corrected by the NEXT ROUTINE INSPECTION. 10 DISPOSITION WARNING: Violations in the operation of your establishment Be orrected by: ADMINISTRATIVE COMPLAINT recommended hased upon repeated violations(s). B (3 4 5 © Seasonal 6 {3 EMERGENCY ORDER recommended based upon violations that are a severe and immediate threat to the public. NOTE: ITEMS IN RED AND MARKED WITH ITEM 01: FIRE ITEM *03: SPRINKLER & ITEM *04: ITEM "12: | AN ASTERISK vN |e) CRITICAL CONCERN EXTINGUISHERS STANDPIPE SYSTEMS. ALARM SYSTEMS BALCONY. ans J AND MUST BE CORRECTED IMMEDIATELY. Expiration Date See reverse side for explanation of citations. wap 1 70 nO 4M 0209 712029 220 Re ae 3 1309 2309 33 aQ 4 MO a MO 5 1503 320 30 06 189 260 369 073 170 270 370 on} 1863 ‘28 38g oO 909 2M 30 109 2M 329 09 CIRCLED ITEMS ARE IN VIOLATION cee “BE Tac lity operahns, uta A Lense spectrin Soil be. dal nus tp DO NOT WRITE IN THIS SPACE DITIONAL COMMENTS ON ATTACHED COMMENT SHEET 1 acknowledge receipt of this inspection form and comments. REMINDER: Your license expires____ 4. . Ne Pi 7003 2260 0002 53590 471s iat Recipient's Tite - Title Sa Ss Inspector's Sig _ ~ foray Te 9) Ox (Si 0 i] _ "SUD U8 7-[3G "1-0 Ce: Subject: D4 A:Beach House, 1500062C From: Sent: Wed 7/7/2004 11:50 AM Te MaAR (24 CCC’SR ‘Number f2-37261543 District SR Number: File Number: EXHIBIT Be Org Number: ESTABLISHMENT INFORMATION: Owher Name: [Grace Kavanagh License Number: | 1500062C Business Name: |A Beach House Address:. [3393 & 3395 S Atlantic Ave. City;, |Cocoa Beach County: [Brevard Business State: [Florida ZIP: 132931 Mailing Address: | Mailing City: | Mailing State: | ZIP: 132931 CONTACT INFORMATION: tact. Name: [orace Kavanagh Contact Telephone: [321-868-0922 Contact Email: | INSPECTION TYPE: [~ Food Service.» [¥_ Lodging T™ Elevator Cu. {: Opening Inspec: + »: Plan Review Number: | J™ Owner Change + Old Owner: |Dale A Schamp T £7, SROYS Inspection | Beverage Inspection’. [~ Fire Response. [~ Inspection Inquiry {;, Temporary Event.1-3 days J~ Temporary Event 4-30.days Notes: rat LOO OEIF Alvida’ tt “ Jeb Bush Governor Diane Carr Secretary Office of the General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-2202 VOICE 850.488.0062 FAX 850.414.6749 INTERNET www. myflorida.com STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Hon. Robert Cohen, Chief Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399 RE: DBPRv. CHECKERS #170 Case Number 2004-042536 Dear Judge Cohen: OS ~ (] (y 4 Pursuant to Section 120.57(1), Florida Statutes, | am forwarding a copy of the Department's Administrative Complaint and Election of Rights filed by the Respondent in the above-referenced case. Please assign an Administrative Law Judge to this case. | will be representing the Petitioner in the above-referenced case and should receive copies of all pleadings and orders filed in this proceeding. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact me at (850) 487-9656. Sincerely, Charles F. Tunnicliff Chief Professions Attorney CFT/gwg Enclosures: Administrative Complaint Election of Rights ce: Brian Doster 4300 West Cypress Street, Suite 600 Tampa, Florida 33607

Docket for Case No: 05-001762