STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2007 JAN | by . DIVISION OF HOTELS AND RESTAURANTS Poiuy DEPARTMENT OF BUSINESS AND ONVISION or PROFESSIONAL REGULATION D T -O| q iv ADMINISTA a VE a Petitioner; ; . HEARINGS * 408-111 AUDOBON DR Lleonse Type 2082” Respondent, ‘Gage No. 2008058487 4 sof i OMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrativa Complaint against 105-111 AUDOBON DR, ° (“Respondent”), and says; oo . 1, Petitioner is the state agency charged with regulating the operation of public lodging estabilshments and " public food service establishments, pursuant to Section 20,166 and Chapter 608, Florida Statutes. 2. Respondent le, and has been at all times materlal hereto, licensed by or subject to the Jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 105 AUDOBON DR, ORLANDO, FLORIDA 32901.The mailing address of record is 105-111 AUDOBON DR, at 105 AUDOBON DR, ORLANDO, FLORIDA 32901. ; . 3. Inspection of this establishment conducted pursuant to’Sec. 608.032, Florida Statutes; revealed violations of the provisions of Chapter 509, Florida Statutes, end / or the rules promulgated thereto govaming = * operation of the establishment Fhe violation(s) found and epplicabla law are described In Exhibit "A," attached hereto and Incorporated herein by reference. Inspection documents are attached as Exhibit “B", Inéorporated 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 attandanca at Respondent's expense at an educational program sponsored by the Dapariment's Hospitality Education Program; suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any alher rellef authorized by Chapter 609, Florida Statutes, or the rules promulgated tharato. Signed October 18, 2006 a nl Valerie Freeman, District Manager By delegation of the Director, or designee Diviston of Hotels & Restaurants Department of Business & Professional Regulation ~ * COUNSEL FOR THE DEPARTMENT: Charles F, Tunnicliff, Lead Attorney Florida Bar No, 0153834 tet Dapariment of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 RTIFIGATE OF SE! 4 BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | ; ; joing ADMINISTRATIVE COMPLAINT has been 06 .PHEREBY CERTIFY that a tgue and correct gapy of the for Operators Ty, ; . hand served by me on this Z day of Received by: Title " Gage Number: 2006058467 District Numbar: 04 License Numbers 8800000 2052 Form revised 10.10.06 108-111 AUDOBON OR Exhibit A License Number: NO LIC License Type: 2052 NON-LICENSED LODGING ,Case Number: 2006056487 FC ds 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. * denotes a critical violation, ~ Itis alleged that on August 17, 2006, September 26, 2006 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. 38-02 509,241(1) AND (2) FS LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUGH 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 8. 509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING ‘ ESTABLISHMENT LICENSE. IT1IS THE RESPONSIBILITY OF THE LIGENSEE TO RENEW THE LICENS PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE IS DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. : THE ESTABLISHMENT WAS OPERATING WITHOUT A LICENSE FROM THE DIVISION OF HOTELS AND - RESTAURANTS. AN OWNER CHANGE HAD TAKEN PLACE AND THE NEW OWNER FAILED TO OBTAIN A LICENSE. * 2,01-10 NFPA 10, 4-4.1 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT MORE THAN ONE YEAR APART . : : THE FIRE EXTINGUISHERS WERE THREE YEARS PAST THE ANNUAL INSPECTION DATE. * 3,01-06 NFPA 10,1-6.5 CABINETS HOUSING FIRE EXTINGUISHERS SHALL NOT BE LOCKED, EXCEPT LOCKED CABINETS MAY BE USED PROVIDED THEY INCLUDE MEANS OF EMERGENCY ACCESS. : THE FIRE EXTINGUISHER BREAKER BARS WERE MISSING. 4.19-04 5-205,15FC SYSTEM MAINTAINED IN GOOD REPAIR. A PLUMBING SYSTEM SHALL BE: . (A) REPAIRED ACCORDING TO LAW, AND (B) MAINTAINED IN GOOD REPAIR. WATER WAS FLOWING OUT OF THE BACK ROOM OF ONE OF THE UNITS ONTO THE GROUND. * denotes critical violation District: 04 Case Number: 2006056487 License Type: 2062. License Number: NO LIC File Number: 192 105-111 AUDOBON OR Exhibit A 5, 13-01 61C-1.004(8)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. A) MULTIPLE WINDOWS HAD BROKEN GLASS AND TORN AND BROKEN SCREENS. B) ROTTED WOOD WAS OBSERVED AT MANY LOCATIONS ON THE FACIA BOARDS. * denotas critical violation . District: 04 Case Number. 2006056487 License Type: 2052 License Number: NO LIC File Number: 192 105-111 AUDOBON DR DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . Division of Hotels and Restaurants is u CALL BACK/RE-INSPECTION REPORT ere IAM VY oo. wee NY & Gh ee ta ‘NOTICE TO SHOW CAUSE You will be Issued a Notice to Show Cause why sanctions | should nothe assessed against your licanse. A hearing will be. held at a tima and plece to be dasignatad by tha director. Qwner Name: DISTR Rl [ BK. {uC Business Nemo: |OS— B Rk. Business Address: | of Bi Mex OAD ple Business City: WV he! bu. ( AAR WARNING OF DIRECT NOTICE: Failure to bain compliance | . with this notice at any future Inspection may result in & direct Notice to Show Cause, CComplted PMiearing requested CoPre-confarence ied ClPre-hearing DaNlot compli CJ ut of businass (On Stipulation L10n Hearing Order (Time extended date: Doother: time: a] i> ‘S pile 3 CAT Dior INpectow WAaTES RECIPIENT'S NAME JPLEASE PRINT) TITLE INSPECTORS at ASE PRINT) EOE aoe — EE Perea DBPR Form a 5022-005 MyFlorida. a Revised 2000 ioe 10 ate ee eee ott oie eee an ene rp stesee oe pene nntme eres DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION <9 LEGA a NOTICE Division of Hotels and Restaurants f ony CONTAOL NUMBER INSPECTOR UCENSIS eG : rar : OWNER NAME, : ge GnttanslantAparttnent DISTRITARE [hc . NE EEA AS pp 9; 96 J BUSINESS NAME ~| Oo . | os- \ ) 1 pr V NOMEN) DR CQ Transient Rooming House ADDRESS © Individual Condo ' x OS jAvb 0. 0 ot 1 Individual Oveting : ZiP {Optional} C3 Transient Apartment J 4 CQ Group Condo 344e ‘ FOR RESORT CORUUMINIUNS AND NCSORT DWELLINGS ONLY . © Group Dwelling ‘ Number of Bldgs, « Building No. | Unit No, nae No. | Na, of Unite 1 Collective Condo .- of Bldg. / 13 Collective Owalling / . , (2, Nontranstent Roaming House ' INSPECTION REASON i 43 (Bed. Broakfast Fallure to comply with this Notice may Initlaté an admintatrative complaint that may reeult In suspension or revocation of your Iicanse and Ines. Roulins Camplaint INSPECTION RESULTS 4 © ANY VIOLATIONS noted herein must ba . information y corracted by tha NEXT ROUTINE INSPECTION, DISPOSITION Waele ~ metled Cort 2 @ WARNING: Violations in the operation of your ablishment must be corrected by: a A ITEM °01: FIRE VEN “Co, SY AINKLER & ITEM ‘Oa: ITER “12: NOTE: ITEMS IN REO AND MARKED WITH EXTINGUISHERS STANDPIPE SYSTEMS ALARM SYSTEMS BALCONY CERTIEICATION i AN ASTERISK ARE OF CRITICAL CONCERN fe AND MUST BE CORRECTED IMMEDIATELY, oe —- “Gfoq Date See reverse side for explanation of citations, 1 1 70 10 10 220 2 ao 2D et CIRCLED ITEMS ARE IN ~_| She IO 138 2 3 a < mm uo “Oo 40 40 0 16D 2 wo oe 16 2 2 wo 17wo wo oO 1603 289 ‘00h om 188 2 20 Wo 2 oO wD RY ti witun Cuyrert’ OMviS/aAW Liceise. ADDITIONAL COMMENTS ON ATTACHED COMMENT SHEET _ REMINDER: Your licanse expires _—_—t=—==#__. . ee receipt of this inspection form and comments, © fe 77) | ete TlaivkK LK Col Ti Reciptents Signature AO! Offs Telephone x50 State of Florida - ; EXYypp IT Control Number 85-01 r ; Department of Business and Professional Regulation te it Division of Hotels and Restaurants -O YsOP- www. hospitalityeducation. org COMMENTS SHEET (2%!!! #800829 rage Zo 3 Addendum to DAPR Forms HR 6022-005, 5022-014, 6022-015, Bas: 082, or 5022-083. For comments to the Lodging, Food Service, or HAGCP Ingpection; Call Back/Relnspecton Report, or HACCP Plan Veilfication. val badd ‘plc he sigs ¢ ed olosere {) The geousd pmund te buiidings 16 Fall al. tle Shy ) — old el creda y 2p. shyt = pl Vio listo. oud obtow yw couriers Zommect Diss Lic - ct comtted mpl tke "7062 2030 9602 O3/0_G BBPR Form HR 5022-042 : wew, MyEtorda,com 2004 December 06 | o/ DBPR "State of Florida sessional Regul BY Control Number WDE NN,.. Oepartment of Business and Professional Requtation ce Division of Hotels and Restaurants . HIBIER 64Gb ) www. hospitalityeducation.or a COS~I1/ »d Pi S, rf COMMENTS SHEET 4c10 GoW) . Pave _—