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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs RAMADA INN, 05-004095 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004095 Visitors: 19
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: RAMADA INN
Judges: FRED L. BUCKINE
Agency: Department of Business and Professional Regulation
Locations: Melbourne, Florida
Filed: Nov. 07, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 8, 2005.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 0/1, DIVISION OF HOTELS AND RESTAURANTS Ofy, S/O) / DEPARTMENT OF BUSINESS AND EA STi oe PROFESSIONAL REGULATION heal ae Petitioner, . uM . vs. License No. 1500613 — RAMADA INN R F License Type 2002 Motel D \s\ . Uf 09 —_ espondent. Case No. 2005041689 4S / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against RAMADA INN, (“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 4220 S HARBOR CITY BLVD, MELBOURNE, FLORIDA 329011326. The mailing address of record is RAMADA INN, at 420 S HARBOR CITY BLVD, MELBOURNE, FLORIDA 329011326. 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, 2005 ~ ; Poe hee 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: rr THEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2005. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2005041689 Form revised 07.01.05 License Type: 2002 Motel District Number: 04 License Number: 1500643 RAMADA INN License Number: 1500613 License Type: 2002 MOTEL Case Number: 2005041689 Exhibit A “FC” as cited herein references specific provisions of the 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. Itis alleged that on November 17. 2004, Decernber 13, 2004, December 28, 2004, May 34. 2005 and June_1, 2005 the licensee was in violation of Florida Statute 509(FS) and/ar 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 inspectian(s) are attached hereto and incorporated by reference as Exhibit B. * 404-11 NEPA 72, 7-4.1 FIRE ALARM SYSTEM EQUIPMENT SHALL BE MAINTAINED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS. THE FREQUENCY OF MAINTENANCE SHALL DEPEND ON THE TYPE OF EQUIPMENT AND THE LOCAL AMBIENT CONDITIONS. AND , : - 04-07 4A-48.003FAC STANDARDS FOR FIRE ALARMS. THE APPROPRIATE STANDARDS FOR THE INSTALLATION, MAINTENANCE, ALTERATION, REPAIR, MONITORING, INSPECTION, REPLACEMENT, TESTING, OR SERVICING OF FIRE ALARM SYSTEMS SHALL BE THOSE STANDARDS AS ADOPTED PURSUANT TO RULE 4A-3.012(1), FAC. A) THE TROUBLE/ALARM LIGHT WAS ILLUMINATED ON THE FIRE ALARM CONTROL PANEL. B) THE TELEPHONE WIRES WERE DISCONNECTED FROM THE CENTRAL ALARM SYSTEM MONITOR. (OBSERVED 8/31/05 AND 6/1/05). * 2,04-01 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 44-3, FAC. THE SMOKE DETECTOR IN ROOM 146 DID NOT FUNCTION WHEN TESTED. 3. 15-07 61C-1.004(2)(AJFAC BATHROOM FACILITIES SHALL BE KEPT CLEAN, JN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. [EXEMPTION--61C-1.004(2)(E)FAC: RESORT CONDOMINIUMS, NONTRANSIENT ESTABLISHMENTS AND RESORT DWELLINGS ARE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION.] THE TUBS WERE SOILED IN ROOMS 404, 119, 124, 123 AND 138. (OBSERVED 14117104, 12/13/04, 5/31/05 AND 6/1/05. * denotes critical violation Exhibit A Case Number: 2005041689 Page 1 License Type: 2002 MOTEL License Number: 1500613 4. 17-02 61C-3.001(2) FAC BEDDING AND LINENS, ETC. - CLEAN MATTRESSES AND BED SPRINGS, MATTRESS PADS, CLEAN PILLOWS AND PILLOWSLIPS, CLEAN BED SHEETS AND SUFFICIENT CLEAN BLANKETS SHALL BE PROVIDED FOR EACH SLEEPING ACCOMMODATION. {EXEMPTION - 61C-3.001 (12) FAC: RESORT CONDOMINIUMS, NONTRANSIENT APARTMENTS AND RESORT DWELLINGS ARE EXEMPT FROM SUBSECTIONS (1), (2) AND (3) OF THIS RULE. ESTABLISHMENTS OPTING TO PROVIDE ANY OF THE SERVICES LISTED IN SUBSECTIONS (2) AND (3) OF THIS RULE SHALL COMPLY WITH THE REQUIREMENTS DESCRIBED HEREIN.] THE PILLOWCASES ON THE BED IN ROOM 438 WERE SOILED. (OBSERVED 12/28/04, 5/31/05 AND 6/1/05). : 5.36-01 509.2015FS TELEPHONE SURCHARGES BY PUBLIC LODGING ESTABLISHMENTS. (1) A PUBLIC LODGING ESTABLISHMENT WHICH IMPOSES A SURCHARGE FOR ANY TELEPHONE CALL MUST POST NOTICE OF SUCH SURCHARGE IN A CONSPICUOUS PLACE LOCATED BY EACH TELEPHONE FROM WHICH A CALL WHICH 1S SUBJECT TO A SURCHARGE MAY ORIGINATE. SUCH NOTICE MUST BE PLAINLY VISIBLE AND PRINTED ON A SIGN THAT IS NOT LESS THAN 3 INCHES BY 5 INCHES IN SIZE, AND SUCH NOTICE SHALL CLEARLY STATE IF THE SURCHARGE APPLIES WHETHER OR NOT THE TELEPHONE CALL HAS BEEN ATTEMPTED OR COMPLETED. (2) THE DIVISION MAY, PURSUANT TO S. 509.261, SUSPEND OR REVOKE THE LICENSE OF, OR IMPOSE A FINE AGAINST, ANY PUBLIC LODGING ESTABLISHMENT THAT VIOLATES SUBSECTION (1). THERE WAS NO NOTICE OF A TELEPHONE SURCHARGE POSTED NEAR THE TELEPHONES IN ROOMS 119 AND 138. (OBSERVED 42/28/04, 5/31/05 AND 6/1/05). 6, 39-06 61C-3,00(5) FAC FURNITURE, UPHOLSTERY, DRAPERIES, SHADES, VENETIAN DOORS, BLINDS, AND OTHER PROVIDED FURNISHINGS IN LOBBIES, LOUNGES, PARLORS AND BEDROOMS SHALL BE KEPT CLEAN, AND BE RENOVATED OR REPLACED AS NEEDED. THE TELEPHONE IN ROOM 131 DID NOT FUNCTION WHEN RECEIVER WAS LIFTED FROM THE CRADLE. (OBSERVED 5/31/05 AND 6/1/05). * denotes critical violation Exhibit A Case Number: 2005041689 Page 2 License Type: 2002 MOTEL License Number: 1500613 Done a4 eG en: yee P . all 15 IE ae PDEA 7 heey 29 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Division of Hotels and Restaurants C) LODGING Fie lumber | ~? p RE-INSPECTION REPORT TEA f VBR CALL BACK/RE-IN Extfite Iie’. 75 COOLS a saad La i WARNING OF NOTICE TO Ccomplied Fe Hoaing Taquestad DIRECT NOTICE: SHOW CAUSE CINat complied Clout of business Failure to be in compliance You will be issued a Notice to CPre-hearing with this notice at any Show Cause why sanctions (On Stipulation future Inspection may should not be assessed against CJ 0n Hearing Order COTime extended date: ! I result In a direct Notice to your licansa. A hearing will be Clother: ._ Show Cause. hald at a time and place to be ome: . . — designated by the director. . / co = Owner Name: eZ, Cen ni > ff 4. Business Name: _ / 5 eaten P&E wi pe : 3 (b UL? __ Business City: Pel taer Pe es ees feo mi qi hash: e Com (oor | Bis ib SCEV LOFT Ce Sees Zw res Dis coynecTed “pp the Centeel A (Germ rrectco . Liles Nat Comphier = NENT'S CE eRe ke Sy 8 tec. monitor TAs Kaptan Nusf- be. E_EACHAMS 16 — ATURE lee § : Pel OAK ONE. ESTABLISHMENT TI ne DAP free UR ENITAAE | vie ch £6 2 Bem By sles nebo PEI wa a? mM perdi na S&S we Ot MIE EP WD rd sen eoan sascomn (40k D> ARTMENT OF BUSINESS AND PROFESSIONAL REGULATI Hotels and Restaurants . es Control Number_{S- CO G@/'3 Ly COMMENTS SHEET fam were Ena page ~2—of_ 2 Addendum to DBPR Forms HR 5022- 005, 5022-074, ,5022-045,, 5022- 082, of 5022-083. For. ‘comments fo the Lodging; Food Service, or HACCP. Inspection;' ‘call BackiReinspection: Report, or ‘HACCP ‘Plan Obsee (20 Ss me Ke Be 2c Hc 3_i n fooems 12124 M2 LYS were fet noteec wi BAn pam ote Qh eek oY roof ib [YG- 3 20 Deied Py 4t Fa bok (5) aK hom AC So 5 peorite 2 bb Bow for U9, let, [23 139 C Pepeat fot lations \ Admins Heptevel oh CD) Opseever, soisep pi [low osse on the fen EQ Roem 128 Re, epeat |i alatinas \ O See VET, NO N0TTe at (ey~ahdn e_ Site hsege. poste! cnr aphine } p Th Ouest radgm Coan I/9 Jf ED dpsoeveD (ele phine Oot He ge. Pen ing AL grag 1/3). C (cages alban) Obs eereD / ra Dr Bee Nee, 7 Cpe Me 2 Sai L»~»Tu bs \ ae a \Apanss i> ; 7 ees Ob see veo De4p vermin in Eee 3X Fem 14 — byOGs ell Fest Contre | ITT} Segre |e Ril other Uoleton® No tep If 4-7 Shou /n de C LTD EB Se da De, Vans Bem nis O20 te Lex sir- lig A Fe OPP. _ fern 1% a Peon S104 - nD /3.3, BS AB gAY, 163, Stree] > ‘SE RF on HE 593 F777 Aer am exgenroneta Sucalion coy , ne G21 Reviged amt duly 27 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Page 1 DIVISION OF HOTELS AND RESTAURANTS www. myfiorida.comdbpr , LODGING INSPECTION REPORT EXHIBIT B LEGAL NOTICE . Fallure to comply with this Notice may Initiate an administrative complalat that may result in suspension or ravocation of your license and fines. 5/31/05 10:00:38 AM Routine 1600613 MOTL. Inspaction Date and Time Inspection Reason License Number OCEANIG HOSPITALITY WARNING: Owner Name Violations In the operation of your establishment 321723 5320 RAMADA INN must be cormecied by: Area Code/Telephone Number Business Name inspection Result . 400 06/01/2005 08:00 AM 04/01/08 Number of Units Callback Date/Time License Expiration 420 S HARBOR CITY BLVD MELBOURNE FL 329011326 Address / City / State / Zip / etc. (tam 01: Fire Extinguishers ttem 03: Sprinklers and Stancpipe hem 04; Alarm Systems Item 12: Balcony Certification AClass ABC ype Fira Extinguinhas, found init maintainance mom has a cerification date of cas & Class ABC type Fire Extinguishsr, found inal by room #105, hne a conificmion dute of ORS NOTE: ltams matked above with an asterisk (") indicata a violation Inspector's Comments farming issued, bbservad last pest control ecolab 05/19/05, § telephone in room 137 is not working ,|f emergency occurred no communication Is provided COMBINED INSPECTION WITH MARY KITSON FIRE PREVENTION AND EMIL CASTILLO ANO TERRY TALBERT CITY OF MELBOURNE Wate! Source: Municlpal/Utility, Sewage: Municipal/Utility, Provided Web Site: www.haspitalityeducation.org. tacknowledge receipt of this inspection form and comments. 5/31/05 Date Signature of Recipient Inspector Signature Reciplent: JOHN SWEENEY For further information please contact: Tile MAINTAINANCE SUPERVISOR Sector and eabey specintist 400 W, Robinson Streat Odanda, Fi, Phone: 321723 5321 eo at7-1395 STATUS SAFETC _ STATUS SAFETY. yes +01 Fire extinquishar/standpipe systems Yes "12 Balcony, ralling safety; maintalned Yes *02 Fire Hazards No 13 Buliding repalr Yes 03 Sprinkler system No "44 Praper locking devices {io "04 Smoke detectors; fire alarm systems STATUS SANITATION Yes *05 Smoke detectors; heating impaired No 15 Bathrooms; public; quest; supplies Yes "06 Exits; obstructions, exit signs, emergency tights No 16 Water source safe; hovcold provided No “07 Electrical Deficiencies No 17 Bedding; bed linens, towels Yves *08 Boller, boiler room wt No 48 Household furnishings: Yes *09 Lighting; public, quest rooms: |No 19 Plumbing _ Yes "10 Adequate heating Yes 20 Ventilation No fed Appllances properly installed; maintained Yes *21 Toxics; storage, use Violations marked with an asterisk are critical violations, tlems marked YES ave in compliance. Items Marked NO are violations. Specific details of viotation are {iste on subsequent pages. Hams marked NYA are Nol Appiicable, items Marked as NO are Not Observed, and were not being conducted at the time of inspection. DBPR Form HR 5022-014 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MOTL 1500613 DIVISION OF HOTELS AND RESTAURANTS Ausiness Name wew.myflorida.comv/dbpr RAMADA INN EXHIB) LODGING INSPECTION REPORT TE een an:00%38 aM T B LEGAL NOTICE _ Fallura to camply with this Notice may Inttiate an administrative complaint thal may result in suspension or revocation of your ‘Icense and fines. STATUS. | SANITATION STATUS CONSUMER PROTECTION No °22 Ice protection Yes 34 Licensee; criminal conduct, Yes “23 Glassware; tablaware: utensils sanitized Yes 35 Florida Clean Indoor Air Act No |roa Vermin control |No 36 Telephone surcharge posted No 25 Premises maintained Yes 37 Guest Ragister No 26 Garbage and refuse disposal STATUS GENERAL Yes "27 Sewage and waste water disposal Yes 38 Current license, displayed, available upon request STATUS CONSUMER PROTECTION _ Yes 39 Housekeeping _ Yes "28 Advertisement No 40 Other conditions, safe, sanitary _ es 29 Guest property; liability, notified Wes 41 Posting operator service Information les 30 Room rate schedule 5 {Yas 42 Blocking operator access No 31 Room rates posted es 143 Copy of Ch. 509, FS: available Yes 32 Security deposit STATUS INFORMATION Yes f-33 Unethical business practice; overbooking Yes 44 Hospitality Education Program Information provided Violations marked with an asterisk gre erticat violations, lens marked YES are In compliance, Items Marked NO are violatlons, Specific detalls of violation are listed on subsequent pages. Hams marked N/A are Nat Applicable. tems Marked as W/O are Not Observed, and were not being conducted at the time of inspection, Warning(s): 04-01 - Observed a touble/alarm tight iMuminated an the fire alarm control panel. This violation must ba corrected by : 06/01/05. 04-11 - Observed the fire alarm system not being maintalned telephone wires have been disconnected to the central system monitor. ‘This violation must be corrected by : 06/01/05. 04-01 - Observed a smoke detector not functioning when lested.smoke detector chirping when recannected,room 131 ,138, 143,145, all roams sited were placed out of service..in addition all smoke detectors should be manually checked for operation . This violation must ba porrected by ; 06/01/05. 07-02 - Observed an extension cord in use at soda machine ground floor near maintainance room - 07-01 - Observed damaged wire(s). in maintainance mom at electrical water heater flax line This violation must be corected by : 06/01/05. 07-06 - Observed an electrical outlet missing a cover plate. on 7000 voll transformer In the maintainance room , This violation must be corrected by : 06/01/05. 07-05 - Observed an electrical pane! blacked. In the laundry room. 07-02 - Observed an extension card in use.at filthy ice machine northwest hallway. 07-06 - Observed an electrical box missing a caver. in walk way between rooms lor service. 41-02 - Observed water filters attached to ice makers are not dated when changed. 43-01 - Observed water damage an the cailing. and in heavy disrepair in the maintalnance room. 13-01 - Observed waler damage on the ceiling.room 104 43404 - Observed water damage on the calling. 13-01 - Observed the ceiling bulging and is cracked. room 213 GBPA Form HR 8022-014 Page 3 License Number STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REG yy MOTE 1500873 DIVISION OF HOTELS AND RESTAURANTS BIB [des ss Name www. myfiorida.com/dbpr MADA INN inspection Date LODGING INSPECTION REPORT 5/31/08 10:00:38 AM LEGAL NOTICE Fallure to comply with this Notice may initiate an administrative complaint that may result in suspension or revocation of your {lcense and fines. 14-01 - Observed operable tock on a doar to an adjoining roam/apartment. In disrepair. 15-07 - Observed a solfed tub;room 104 15-07 - Observed a soiled tub.rcom 104, 119,121,123,138 17-D2 - Observed a soiled/stained pillowcase/pillaw an the bed.room 213 18-02 - Observed draperiesn in disrepair.room 138 19-04 - Observed the bathroam plumbing In disrepair.shower head in room 438 22-04 - Observed the ica machines are filthy with moldy buildup in ice chutes.and ice chutes, This violation must be corrected by : 06/01/05. 24-01 - Observed dead vermin in room 138,124 25-01 - Observed window is damaged room 138,143 26-28 - Observed outside waste receptacle with lid not property closed, 26-16 - Observed unnecessary items stored jn the garbage area. chairs and bulky debris.IitterIng dumpster pad. 31-01 - Observed no rate pasted In the roomlunit. 104 31-01 - Observed no rate posted in the room/unit.roam 138 96-01 - Observed no notice of a telephone surcharge posted near a phone in the quest roam.room 149 rm 138. 40 - Observed no child labor law poster. 40 - Observed telephone not functioning in room 131. DBPR Form HF 5022-014 | DBPR HR-7003 — Division of Hotels and Restaurants Consumer Complaint Form STATE OF FLORIDA J DEPARTMENT OF BUSINESS AND PROFESSIONAL EX ba behdadet 2368668 REGULATION _ 4/24(2005 8:12:36 PM 1940 North Monroe Street Tallahassee, FL 32399-0183 b D if you have any questions or need assistance in completing this application, please contact the Department of Businass and Professional Regulation or your local district office. A District Office Address and Contact information Sheet can be found on H&R's page of the DBPR web site at www.MyFlorida.com SECTION 12 ESTABLISHMENT INFORMATION. © License Type: O Food Servica @ Lodging O elevator © Reglstered Elevator Company O Elevator inspector — rc Name Ramada Inn Melbourne Rivertront Address 420 S. Harbor City Blvd. City County Melbourne . Brevard (15) | License Number: Unknown SECTION 2- COMPLAINANT INEORMATION First Middle Title Suffix Jack E State Zip Code FL 32901 | Business Phone: 321-723-5320 Last Name McClain Organization Name (if representing an organization, please provide the name of the organization) Street Address or P.O. Box 1025 S. Beach St. Apt 175 Zip Code (+4 optional) City 32114 Daytona Beach [. County (if Florida address) Volusia (74) Country United States ae CONTA : ice IMATION Fre Primary Home Phone Number 386 252-6569 Primary Business Phone Number 386- 254-1554 Primary E-Mall Address Imeclain@cfir.com Ore. Does the Complainant want to be contacted? ® ves SEE PAGE 2 EX H big bE,Bo01 236668 4/24/2005 8:12:36 PM 3. DETAILS OF: My wife and | stayed in the above motel the night of 04/22/05 and 04/23/05. We were in Melbroume for the Viet Nam Veterans Reunion and had made reservations In advance. The motel room #234 smelled heavily of mold and mildew, as did the halls. There was mildew on the walls and in the Ice bucket The fiberglass tub in the bathroom was not properly chalked and had what seemed to be a large amount of water under it Standing In the tub was llke standing on a air matress in a poot of water. You could easily loose your balance. This could be extremely dangerous. A few of the ather guests that we spoke ta0 reported the same problems. Most motels In town were filled to capacity due to the vaterans reunion, so are option to find another room was not good. | understand the devastation that occured with the 2004 hurricanes, because | tao lost my place to Hurricane Charlie. | believe that motels or any other places of business should not be allowed to be open and running until they make repairs that would ensure pubiic safety. A complaint was made at the fromt desk at checkout. | also feel that men and women who fought for this country should be treated with more respect. Thank You. STATE OF FLORIDA pace 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . DIVISION OF HOTELS AND RESTAURANTS EX, H | B | T B www. myflorida.convdbpr LODGING INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notice may Initiate an administrative complaint that may result In suspension oF revocation of your Iicense and fines. 42/28/04 10:16:13 AM Complaint Ful MOT1500613, MOTL Inspection Date and Time Inspection Reason License Number OCEANIC HOSPITALITY ANY VIOLATIONS noted hereln must be Owner Name corrected by the NEXT ROUTINE INSPECTION, 7235320 RAMADA INN unless othenise stated. Area Code/Talaphane Number Business Name Inspection Result 100 01-APR-OS Number of Units Callback Date/Time License Expiration 420 S HARBOR CITY BLVD MELBOURNE FL 329011326 Address / City / State / Zip / atc. ttem 01: Fire Exinguishars lem 03: Sprinklers and Standpipe ttam O4: Alarm Systems | hem 12: Balcony Certification &Class ASC type Fire Extinguisher, found infer observed smake detector in room 278 has a certification dota ol 11704 . mom? fs gentfeation g04a 2! 216 does no} function when tested,Cenification Date: va NOTE: Stems marked above with an asterisk (*) indicate @ Violation Inspacto’s Comments complaint nbr 2004 060413 Dbserved that room 215 and 216 did not appear to have mold problem. xt to raom 220 which has a heavy condensation build up on ded that room 219 ba put out of service as welt. Room 219 was Inspected this room did have a heavy odor of mildew and It Is located ne; 2 windows, roam 220 Is currently out of service and itis recommen Room rate schedule J acknowledge recelpt of this Inspactian form and comments. PR. P38 fo a Ce 12/28/04 Date Signature of Raciplant Inspector Signature Reciplent Mariyan Christoff For further information please contact: ‘Susun Cocilione Te maneger saniatan ond sntety specialist 400 W. Robinson Stroat Ortanca, FI, hone: 32801 Phone: 321 723 8320 250-487-1388 STATUS SAFETY. STATUS SAFETY No 01 Fire axtinguisher/standplpe systams yes -42 Balcony, railing safety; maintained [res "02 Fire Hazards Yes 13 Buliding repair Yes "03 Sprinkler system Yes "44 Propar locking devices | No "04 Smoke detectors; fire alarm systems. STATUS SANITATION Yes ‘05 Smoke detectors; hearing impaired No 45 Bathrooms; public; quest; supplles Yes *06 Exits; obstructions, exit signs, emergency lights Yes +16 Water source safe; hot/cold. provided Yes *07 Electrical Defictencies No 17 Badding; bed linens, towels Yes °08 Boller, boiler room Yes 48 Household fumishings Yes "09 Lighting; public, quest rooms. Yes ig Plumbing Yes 10 Adequate haating Yes 20 Ventilation Yes "11 Appliances properly Installed; maintalned Yes *21 Toxics; storage, use ms Marked NO are violations, Specific detalis of violation are fisted on Violations marked with an asterisk are critlcat violations, lems marked YES ara in compliance. Net and wate not belng conducted at the time of Inspection. subsequent pages. Items marked AVA are Not Applicable. tems Marked as W/O are Nat Observed, OBPA Form HR 5022-074 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MOTL © MOT1500613 DIMSION OF HOTELS AND RESTAURANTS Business Name www. myfionda.cam/dbar RAMADA INN LODGING INSPECTION REPORT EXH | B | ifarpition Date 1613 AM LEGAL NOTICE _ Fallure ta comply with this Notice may initiate an administrative complaint that may result In suspension of revocation af your icanse and fines. STATUS SANITATION ~T_status CONSUMER PROTECTION Yes +22 Ice protection Yes 34 Licansee? criminal canduct, Yes +99 Glassware; tableware; utensils sanitized Yes 35 Florida Clean Indoor Alr Act ioe Yes [24 Vermin cantrot NO __{56 Telephone surcharge posted _| Yes 25 Premises maintained, Yes 37 Guest Register Yes 26 Garbage and refuse disposal {| STATUS GENERAL Yes \-27 Sewage and waste water disposal Yes -38 Currant license, displayed, avaliable upon request STATUS CONSUMER PROTECTION ~ [Yes a9 Housekeeping ves 28 Advertisement No |40 Other conditions, safe, sanitary Yes 29 Guest property; llability, notified Yes 41 Posting operator service Information Yes {so Room rate schedule Yes 2 Blocking operator access Yes 37 Room ratas posted yes 143 Copy of Ch. 509. FS: available Yes 32 Security deposit STATUS INFORMATION [Yes *33 Unethical business practice; overbooking Yes 44 Hospitallty Educatian Program Information provided Violations marked with an asterisk are critical vialations. llems masked YES are in compliance. hems Marked NO are violations. Specific details of viatation are listed on subsequent pages. tems marked N/A are Not Applicabla. Itams Marked as {WO are Nat Observed, and were not belng conductad at the ume af Inspection. Violation(s): 01-10 - Observed an expired fire extinguisher tag. room 105 . extinguisher is fully charged. 04-01 - Observed a smoke detector not functioning when tested.room 216 Corrected On Site. 48-07 - Observed the bathroom wall is soiled with @ mold {Ike bulldup at caulking fine and In the grout. room 216 and 219. 15-07 - Observed a build up of soap scum on the shower curtain.room 215 put out of service until shower curtaln is ceanad.or replaced. REFERENCE TEXT: 61C-1.004(2)(a)FAC Bathraam facilities shall be kept clean, in good repalr and free from objectionable odors. [Exemption—61C-1 .004(2)(2)FAC: Resort condominiums, nontranslent establishments and resort dwellings are exempt from the pravisions of this subsection.} 47-02 - Observed a solled/stained pillawcase on the bed.roam 215 ready to rent rocun, put oul of service untll linens are changed. 36-01 - Observed no notice of a lslaphone surcharge posted near a phone In the guast room.roam 215 REFERENCE TEXT: 509.2015 FS Telaphone surcharges by public lodging establishments. (1) A public ladging establishment which imposes 3 surcharge for any telaphone tall must post notice of such surcharge In a conspicuous place located by each telephone trom which a call which is subject to a surcharge may originate. Such notice must be plalnly visible and printed on a sign that Is not Jess than 3 inches by 5 inches in size, and such notice shall clearly state if the surcharge applies whelher or not the telephone call has been attempted or completed. (2) The division may, pursuant to s, 509.261, suspend or revoke the license of, or impose a fine against, any public lodging establishment that violates subsection (1). 220 has a heavy condensation buldup on the windows Inside room 220, Strongly 4D - Observed a moderate odor of mildew In mom 219. oom de to room 220 and any Other rom affected by condensation and mold ikke buildup recommend putting room 219 out of service until repairs are mat OSPR Form HR 5022-014 * DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division pf Hotels and Restaurants _ AooY os yore y “ ERHIBITB LODGING INSPECTION REPOF OTICE CONTROL NUMBER iNSPECTOR. LICENSING Fite: CeNSINS Cy CD Oo BD OWNER WAME " ; €O Nontransient Apartment f . 4 CO Hols! Oceanic fos Tali Ty c BUSINESS NAME 7 = Motel A wa A. TC (O Transient Roomng House D [sae 7 ADDRESS a - VW, CO Individual Condo j y , CO individual Dsvellng 20 _S. Harb UD Ola es am fram aS) cir Zi [Opriensh CO Transiant Apartment ea eee Melbourne Zihu/| 2 seen geaonne on RN ee On RESORT CONDOMINIUMS AND RESORT DWELLINGS ONLY " 1 Group Dwetting olagaaa ao Humber of Bldgs. Building Me Unit No. aun Ho. Ho of Units C) Catlective Conds of Bldg. Omen ne wo CI Collective Dwaling / Eryn S CQ Nontransiant Roaming Hous INSPECTION DATE .{ . INSPECTIONTIME .”* .., INSPECTION EASON . ee 2) Bad & Breaktast in B In} . Failure to comply with this Notice may Initiate an 121 £2 ley) x / ph eZ) ey 1 @ Routine administrative complaint that may result in on ree] wy OR a oe 5 30 complaint suspension ar revocation of your license and fines. wil mo | ao} & @ 4 (information INSPECTION RESULTS —~: |. - a lao |e] eee |aeaer 1 9B ANY VIOLATIONS noted harein musibe a a /olasa mm DISPOSITION L cortacted by the NEXT ROUTINE INSPECTION. @ a) ww] ee @ 6 O Pending 20 WARNING: BS 3 (3) J na Ca Violatians in the operation af your le3) cut / D J T establishment must be corracied by: B o @ re iD ie De (he; i & @ f G3 : S$ 7% 3 ADMINISTRATIVE COMPLAINT recommended Hesein 5 Tin via m. iy based upon repeated viotalions(s). in] @ & te Vr: o o oe 2 pangs pre pe DP Senek | 82 seasonal a ow Au a Tye - J “i * 4 6 EMERGENCY ORDER recommended based upen violations that are a severe and immediate threat to the public, ITEM "03: SPRINKLER & TEM" STANDPIPE SYSTEMS + ‘BALCONY C Expirarion Date See reverse side for explanation of citations. /| no nO 1 10 10 g Lem Me mies any “v a ‘eO ro 2 rf #O CIRCLED ITEMS ARE IN VIOLATION BO nO aw sO 3 OM MEN TS . L ( > oe 140 2 uO oO => Cm Cr /6 wl 72 Ae t mas ii SAL “oO a Laat en | jctor's Name (PLEASE PRINT) a nition f Lio ee, ciptent's Signauere Jahn SwWire = tnspeghar's Signature Safety Sece . Clebitar SE ONG ae KO Se} mies po /39s hah | a EXHIBIT B aa State of Florida \. Control Number Department of Business and Proféssional Regulation . Division of Hotels and Restaurants {3 -_ @OClS www. hospitalityeducation.org Ry er COMMENTS SHEET Addendum to: ,DBPR: Forins | HR: §022-005, 5022-014, 5022-015, 5022-082, or 5022-083. , For comments to the Lodging, .. _ Food Service, or HAcGP inspection; Call Back/Reinspection Report, or HACCP Plan Verification... : : 1") Page _“Z-of Pocarn 2g obseevep A mi lp pa loazel me pp ov. the & Zeu A the he thtak o, WA! FB \niseriep the de (fee € get Halper with diD peteis £O7] Wissen ng bTe : hoon ALG ‘Ssae eed Sur oe hy oket 7S S 7ere D, Km 256 opsea’ 2D THe is peeling 4 cue - him, 2) Laeoce Dheerls a Yew CySes , , washers SPSHE Ye EDL. Note! LAuwn pRY Keg ABSA pia LE male e MAL ye Brae 26S peo ns0ecel on Prem seus B,fL Cant Ain ers were ERED Fu ll L4u ny £ fog ESE peger3 Apecn cae? te deo C99 - Qooms (las F Seevice — Se eplve 4) ery dy af = pte Uh Dee WA ue Mo previews ty see Tn reg hh — pus! ah / SE tera DSPR Form HR 8022-042 MyFlorida.com 2001 November 01 : . \ Do EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Ogee, LE bios Diviston of Hotels and Restaurants iz CONTROL NUMBER INSPECTOR NOOY OSS2T GAL NOTIG E LODGING INSPECTION REPOF (0 Nontransient Apartment LICENSING 7 OOeBeeaeg o File Number DISTRICT “S| 06612 —- ~ OWNER NAME paooOoaso on OQ ‘ ti . Co Hotet aoaaane ae CeAm c 3f AL we Moisi = BUSINESS MASE Hats! oagaang as; @ oa B xr CO Transient Roamng House BReEenae (exes) |_= [ Ar &. Ba aed 4) (2 tndividuai Conde gagHanag Gye individuat Dwelling Transient Apanment “Yad ageamaa @ cnr golaoaooo Oo Group Gonda aeaaag aa eee ee eee nee on RESONT CONDOMINIUES AND RESORT! Group Owatling gaanoae ao Number of Uldps, Building Xo Unit No Collective Gand oe) aoue ge Collective Dweling Nontransiant Roaming Hout INSPECTION REASON [OOQMnF (Bea & Breaklast ——oo Month Dey Yen In YZ pout “a "a Failure ta comply with this Notice may Initlate an LL! | + py LAU 5H ¥ 1 @ Routine administrative complaint that may result in a om) (3 Foy @ m a 43 Complaint suspension or revocation of your license and fines. plano) oO] ee oa oa 4 © Anlormation INSPECTION RESULTS ; ao |e| aaa | an e 1, ANY VIL ATIONE noted herain mustbe, " F sed by the NEXT ROUTINE INSPECTION. alag|el wea Tete) ‘DISPOSITION me ey . 14) mA eee iy @ mM) 2] ee ae 6 © Pending 2C) WARNING +7 32 Bay Ss. rs ral Violations in the aperatian of your . B Bea BE establishment must ba carracted by: ir) B @ ew : zt Date: Times: Bw Ga 8 Loc! cal ! Va 3 T27 | ADMINISTRATIVE COMPLAINT recommended jf aw we Ba Dra Past d - based upon repeated violations(s). = “ [er] x3) @ oe }27 5) Seasonal ~ CJ ae a Chapter wee 37% L& 6 (0 EMERGENCY ORDER recommended ata 4 based upon violallons that are a severe uw APrwt-e— and Immediate threat to the public, NOTE: ITEMS IN RED AND MARKED WIT! ATESS "012 FIRE TEM 903: SPAINKLER & “TATE OA = ATE AN ASTERISK ARE OF CRITICAL CONCERN ° TEe. er STAND ES ae AND MUST BE CORRECTED IMMEDIATELY. - patets) /// a Bt atets} p) ‘Sve reverse side for explanarion of citations. A LAunD ef 2 “MATH 1 REE ONE BS Bane ta en | | BL Sma Xe Defocdir& -2 VI s

Docket for Case No: 05-004095
Issue Date Proceedings
Dec. 08, 2005 Order Closing File. CASE CLOSED.
Dec. 06, 2005 Joint Motion to Relinquish Jurisdiction filed.
Nov. 15, 2005 Order of Pre-hearing Instructions.
Nov. 15, 2005 Notice of Hearing (hearing set for January 6, 2006; 10:00 a.m.; Melbourne, FL).
Nov. 09, 2005 Response to Initial Order filed.
Nov. 07, 2005 Election of Rights filed.
Nov. 07, 2005 Administrative Complaint filed.
Nov. 07, 2005 Agency referral filed.
Nov. 07, 2005 Initial Order.
Source:  Florida - Division of Administrative Hearings

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