STATE OF FLORIDA i li, E O DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 7p DIVISION OF HOTELS AND RESTAURANTS 7 JAN Ih DEPARTMENT OF BUSINESS AND Divie I 3 3 PROFESSIONAL REGULATION 0 | . 0 ( fe} Y Abit 'SIOH gp Peittioner, \ SPUNS TRA Ty vs. HEARINGS E A . License No, 2705350 SUPER 8 MOTEL License Type 2002 Respondent. Case No. 2006057204 . ADMINISTRATIVE COMPLAINT , ; The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner’), files this Administrative Complaint against SUPER 8 MOTEL, ("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 of the Division of Hotels and Restaurants, The respondent's business address of record is 5NNEW . WARRINGTON RD, PENSACOLA, FLORIDA 32506.The mailing address of record is SUPER 8 MOTEL, at 5 N NEW WARRINGTON RD, PENSACOLA, FLORIDA 32506, . 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 October 19, 2006 / . 7 Ken Hensdlll, 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 * 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 3954 0993 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, ~ day of , 2006. . : : Received by: Inspector's Signature Operator's Signature Title . Title District Number, 06 Case Number: 2006057204 License Number: 2705350 2002 {HIBIT A Farm revised 10.10.06 SUPER B MOTEL " .) Exhibit A License Number; 2705350 License Type: 2002 MOTEL Case Number: 2006057201 “EC” 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. “* denotes a critical violation. itis alleged that on August 10, 2006, September 10, 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. * 4,06-04- 61-C1.004(10) FAG EXITS SHALL BE CLEARLY MARKED WITH APPROVED ILLUMINATED EXIT SIGNS. OBSERVED AN EXIT SIGN THAT IS NOT ILLUMINATED/NOT FUNCTIONING WHEN TESTED; BY UNITS 101,112, AND 203. : 2.17-03 61C-3.001(2) FAC MATTRESS PADS, BED SHEETS, AND BLANKETS MUST BE SIZED APPROPRIATELY TO THE MATTRESS OR BED SIZE TO COMPLETELY COVER THE SLEEPING AREAS OF. THE MATTRESS. [EXEMPTION -- 61C-3,0012(12) FAC: RESORT CONDOMINIUMS, NONTRANSIENT APARTMENTS AND RESORT DWELLINGS ARE EXEMPT FROM SUBSECTION (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.] , OBSERVED A MATTRESS PAD THAT DOES NOT COVER THE ENTIRE SLEEPING AREA OF THE MATRESS; UNIT 110. 3. 18-02 61C-3-001(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. OBSERVED DRESSER IN DISREPAIR IN ROOMS 110 AND 113. COUGH STAINED IN ROOM 110. * 4.22-05 61C-3.001(9) FAG ICE BUCKETS MUST BE CLEANED AND SANITIZED BETWEEN EACH GUEST OR BE PROVIDED WITH A SANITARY SINGLE SERVICE LINER WHICH IS CHANGED AT LEAST DAILY. OBSERVED NO LINER PROVIDED IN AN UNSANITIZED ICE BUCKET; UNIT 201, 5.26-14 §-501.113(A) FC RECEPTACLES AND WASTE HANDLING UNITS FOR REFUSE, RECYCLABLES, AND RETURNABLES SHALL BE KEPT COVERED; (A) INSIDE THE PUBLIC LODGING ESTABLISHMENT IF THE EQUIPMENT AND RECEPTACLES: (1) CONTAIN FOOD RESIDUE AND ARE NOT IN CONTINUOUS USE; OR (2) AFTER THEY ARE FILLED; AND (B) WITH TIGHT-FITTING LIDS OR DOORS IF KEPT OUTSIDE THE PUBLIC LODGING ESTABLISHMENT. OBSERVED A WASTE RECEPTABLE WITHOUT TIGHT FITTING DOORSILIDS ..., OUTSIDE, Case Number: 2006057201 . District Number: 06 License Number: 2705350 2002 Form revised 10.10.06 SUPER 8 MOTEL 6.39-01 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT GLEAN AND FREE OF OBSTRUCTIONS. OBSERVED DIRTY CARPET AROUND FURNISHINGS IN ROOM 108. CARPET IN UNIT 106 STAINED IN FRONT OF COOLER. Case Number: 2006057201 District Number: 06 License Number 2705350 2002 . Form revised 10.10.06 SUPER 8 MOTEL STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS www. myllorida.cam/dbpr LODGING INSPECTION REPORT LEGAL NOTICE Fallure to comply with this Notica may Initiate an administrative complaint that may result in suspension or revocation of your license and fines. 08/10/06 01:30 PM Routine 2705350 MOTL Inspection Date and Time Inspection Reason License Number RHAMESHWAR HOSPITALITY ING. WARNING: Owner Name Violations in the operation of your establishment 4577277 SUPER B MOTEL must ba corrected by: Area Code/Telephone Number * “Business Name Inspection Result . 41 09/10/2006 after 08:00 AM 6/17 Number of Units Callback Date/Time , Ucense Expiration 5 N NEW WARRINGTON ROD : PENSACOLA, 32506 Address / City / State / Zip / etc, Item 01: Fire Extinguishers ltem 03: Sprinklers and Standplpe _| lem 04: Alarm Systems Itam 12: Balcony Certification AClass ABC type Fire Ewtingulsher, foundinfat | Certification Date: n/a *Cartilicatian Date: 3/05 Cartification Date: n/a hallway has a cantificaton date of 11/05 AClass ABC typa Fim Exinguishar, found Infat laundry room hes a cestificallon date of 11/05 NOTE: ftams marked above with an asterisk (*) Indicate a violation {Inspector's Comments faier Source: Muntcipal/Utilily. Sewage; Municipal/Utliity, Provided Web Site: www.myflorida,com/dbpr Hearing Impaired Smoke Detector type ccupled; unable to verify acknowledge recelpt of this inspection form and comments, . B0I06 Date Signature of Recipient Inspector Signature Recipient: jennifer mathis For further Informattan please contact: . Karan Lewandowski Tile front desk mgr Sontation & Safaty Speciniist 7946 Frant Bauch Road Panama Cily Phone: 850-457-7277 env eiactel . *42 Balcony, railing safety: maintained 43 Bullding repalr "14 Proper locking ‘03 Sprinkler system, “04 Smoke detectors: fire alarm ‘05 Smoke detectors; hearing impaired *06 Exits; obstructions, exit signs, emergency lights "07 Electrical Deficlenclas ‘08 Boller, boiler room devices SANITATION "16 Water source safe; hot/cold provided 47 Bedding; bed linens, tawels 18 Household furnishings Yes *09 Lighting; public, quest rooms yes [+10 Adequate heating Yes "44 Appliances properly installed; maintained Viclations marked wih an asterisk are critical violations. lems marked YES are in compliance. lems Marked NO are violations, Specific details of violation are sted on subsequent pages. lems marked N/A ate Not Appilcable. lems Matked as WO are Not Observed, and were not being conducted at the Ume of Inspection, OBPR Fom HA 5022-014 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Page| EXH 1 B IT B Page 2 . STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MOTL 2705350 . DIVISION OF HOTELS AND RESTAURANTS Business Name wew,.myflorda.com/dbpr SUPER 8 MOTEL Inspection Date LODGING INSPECTION REPORT 08/10/06 01:30 PM LEGAL NOTICE Fallura to comply with this Notice may Initlate an administrative complaint that may result in suspension or revocation of your license and fines. STATUS Yes a6 Telephone surcharge posted 37 Guest Register 26 Garbage and refuse disposal . GENERAL’ "27 Sewage and waste water disposal +36 Current license, displayed, avaliable upon request STATUS : CONSUMER PROTECTION 39 Housekeeping *28 Advertisement 40 Other conditions, safa, sanita 29 Guest property; liability, notified 30 Room rate schedule Violations marked with en asterisk are crllical violations. Items marked YES are in compliance. tems Marked MO ate violations. Spacific details of violation ara Usted on subsequent pages. tems marked N/A are Not Applicable, items Marked as N/O are Not Observed, and were not being conducted at the time of Inspaction. Warning(s): ‘ 04-10;Observed the fire alarm panel with an expired Inspection tag, 39-01:Observed dirty carpet around fuminhsings in room 108, Carpe! in unit 106 stalned In front of cooler. 15-07:Observed bathroom floors dirty around edges In rooms 106, 107, 43-01;Observed water damage and slight mold-like growth on the ceiling in unit 113, + 18-02:Observed er disfepair in 110, 113, Couch stained In 110, 17-03:Observed a mattress pad that doos not cover the entire sleeping araa of the mattrass; unit 170, 22.08:0bserved no finer provided in an unsanltized [ce bucket; unit 201, 06-04:Observed an exit sign that fs not Muminated/not functioning when tested; by units 112, 101, 203, 26-14:Observed a waste receptacle wilhout tight fitting doors/ids...outside, DBPR Form HR 5022-014 STATE OF FLORIDA * DIVISTOR- OF BOTELS AND-RESTAURANTS: ++ Weenedmryfloride.com/dbpr a CALL SACK INSPECTION REPORT 09/11/06 09:31 AM : Warning Caliback Inspection Date and Time Inspection Reason RHAMESHWAR HOSPITALITY INC ADMINISTRATIVE COMPLAINT recommended. me SUPER 8 MOTEL Business Name Inspection Resytt 41 Rumber of Unks Requested Callback Date/Time 713 was rented out upon inspection, Couldn't aped foam, inspection with Chuck Franzalia, following Mens) have been recommended for Administrative Complaint: ion: 39-01 served dirty carpet around furninksings in room 108, Carpet in unit 106 stalned In front of cooler, thon: 26-14 . no Ener provided tn an unsanttized kee bucket; unit 201. ve DEPARTHENT OF BUSINESS AND: 'PROFESSIOMAL REGULATION 2705350 : OTL Intéal Warning Date one : EQ rcn oon Sa a Le >< Sh esan Sette Date Signature of Recipient Inspector Signature, Recipient: Jennifer Mathis For further Information please contact: Karen Lewandovesi¢ Te Frant Desk Manager Sanitation & Safety Specialist 7946 Front Beach Road Panama Phone: 850-457-7277 Chy Beach, Fi 32407 850-487-1395 DPR Form HR §022-005 * STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AHD RESTAURANTS wrens myforida.com/dbpr CALL SACK INSPECTION REPORT ' LEGAL ROTICE Fage2 ~ License Humber MOTL 2708350 Bueiness Name SUPER 8 MOTEL Inepaction Data 09/11/06 09:31AM Falfure Eo comply with this Notice may Inttiate za sdmintctrative complaint that may. result in suspension or revocation of your Ncehue pnd fines, don: 18-02 served a dresser In disrepair In 110, 113, Couch stalned ‘In 110, 17-03 erved a mattress pad that does not cover the entire sleeping area of the mattress; unt 110, tatlon: 06-04 , an ext sign that is not Muminated/not functioning when tested; by untts 112, 103, 203, foflowing ftem(s) have been recommended for Other Action: tation: 13-04 bsarved water damage and sight moid-le: growth on the celling in unit 113. @ following kem{s) are In compllanoe; plotion: 15-07 bathroom floors dity around edges in rooms 106, 107, ation: 04-10 served the fire alarm panel with an expired Inspection tag. BBPR Farm HR 5022-005

Docket for Case No: 07-000198