OT-O6YO STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, wf, vs, License No. 2314223 GALEOTE RM HSE License Type 2004 Rooming House Respondent Case No. 2005051037 Ygogo= “sy : ADMINISTRATIVE COMPLAINT cay he the DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GALEOTE RM HSE, (‘Respondent’), and says: 1 Petitioner ig 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. Respondentis, 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 950 NW 5 ST, MIAMI, FLORIDA’ 331281218. The mailing address of record is GALEOTE RM HSE, at 850 NE 111TH ST, BISCAYNE PARK, FLORIDA 331617210. inspection of this establishment conducted pursuant io 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.appticable law are described in Exhibit “A.” attached hereto and incorporated herein by reference. Inspection documents are attached as Exhibit “B’, incorporated herein by reference. . ow 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 $09. Florida Statutes, or the rules promulgated thereto. Signed October 04, 2005 Ss Ss i eet Shannie Kallas, 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 & Professiona! Regulation 4840 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 74 60 3901 9848 8548 5514 | HEREBY 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: inspectors Signature Operator's Signature Title Title Case Number 2005051037 Form revised 08 13.05 Lense Type. 2004 Rooming House . District Number. 04 Licanse Nursber 2314223 GALEOTE RM HSE License Number: 2314223 License Type: 2004 ROOMING HOUSE Case Number: 2005051037 Exhibit A “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. itis alleged that on August 8. 2005. and September 26. 2005. 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 repert(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 401-10 NFPA 10, 4-4.4 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT MORE THAN ONE YEAR APART OBSERVED AN EXPIRED FIRE EXTINGUISHER TAG. 225-01 61C-3.001(7) FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED A) OBSERVED TRASHIDEBRIS ON THE GROUND. B) OBSERVED HOLES IN THE PARKING LOT. 3. 25-02 61C-3.001{7) FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS. FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED OBSERVED DISCARDED EQUIPMENT STORED OUTSIDE THE BUILDING. 426-14 5-501.113(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 TRASH RECEPTACLE NOT COVERED. * denotes critical violation Exhibit A Case Number: 2005051037 Page 14 License Type: 2004 ROOMING HOUSE License Number. 2314223 atcortiona — EXHIBIT B Department of Business and Professional Regulation Division of Hotels and Restaurants www.haspitalityeducation org ‘CALL BACK/RE-INSPECTION REPORT |_ESTABLISHMENT TYPE x tone FOOD SERVICE | paget=% 1 té | ' INSPECTION DATE | [ INSPECTION Tie] i Ray | Yer _ en Ont INITIAL WARNING DA LICENSE € County | File Ni Beef NAR 3 é pri “9 | it Rertsshed a Notice to You v es Show Cause why sanctions sheuld net be assessed against your license. A hearing will be held at a time and place te be designated by the director. WARNING OF DIRECT NOVICE: Failure to be in compliance with this notice at any - future inspection may uw Time entended dae p resuit in a direct Native to | Show Cause. | | te. waner Naaie: orf be AE IEE LO ‘ A ae Af a! Business Address “A phe Abe Oe ; woes Business Citys /°E & “4 ot 4 ar a Sty + x rere ery STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS vo myridaeom/ SP EXHIBIT B LONGING INSPECTION REPORT Page 1 a LEGAL NOTICE ; Failure to ceraply with this Notice may initiate an administrative complaint that may reault in suspension of revocation of your Hicense and fines. Bf PPR 2314223 _. te and Time License Numoer 10 q sun 0 MOLING & Gemet Name Ret License Expiration a q- y-eS MIAML FL 331261218 ; f dip fete. 2 Extinguishers : “item 03: Sprinklers end Standpipe ; Certification Dates none | observed ne fire alarm | Certification Date: none i ‘items marked above with ae CJ indicate a violation NOD lnspactor’s Comments SKS No wearing Impaired Sindke Detector. Baile Certificate Date: none ” Water Source: Munic uurce! Municipal/Utity, Sewage: Municipal/Utility. Provided Web Site: www. myflorida com/dbpr cS i acknowledge receipt of this inspection form and comments. ~ Signature of Recipient for further information please contact: Recipient: MAIL TO CWNER _ OSCAR GARCIA : STATE INSPECTOR €50-487-1395 home! SAFETY 13 Balcony, railing safety; “maintained - iiding repair ‘oper locking devices usehold furnishings . Plumbing 20 Ventilation 2) Toxics; storage, use ic, guest yoCIns ~— dequate heating fiances properly installed; rainy pr cis EQUENE PAGES. RUIBIE 2 STATE OF FLORIDA OEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH «314225 DIVISION OF HOTELS AND RESTAURANTS oxnineis Nid www. myfforida.com/dbpr Si vie ” GALEOTE RM HSE LODGING INSPECTION REPORT inspection Date LEGAL NOTICE g/8/05 1:41:07 PM ean administrative complaint that may tesuit in suspension or revocation of your license and fines. Faiture ta comply with this Notice. may initiat STATUS “SANITATION Glassware; tableware; utensils sani yes ves © +34 vermin contra! 7 “ ~ 36 Telephone surcharge posted No” “a5 premises maintained ~ 87 Guest Register ie oo eee vee a es cense, displayed, available ipor request — . and waste water disposal CONSUMER PROTECTION jons, safe, sanitary Advertisement 7 service informatio! ~~ "99 Blocking operator access ~ FS: available sequent pages. em if: of violation are feted ot su shed wifh an asierisk are critical violations, Ttens marked YES are in consplance. Fem: vk ate Hot Appicable. lems Marked as 1/0 are Hot Observed, and were not being conducted at the time of Inspection wed an expired fire extinguisher tag. fered trashfdebtis ost the ground. supued an Gvergrown lavin with fall grass/weeds. served discarded equipment stored outside the building. yuction or maintenance refuse on the cremises ed holes in the parking jot. nated an overgrown lawn with tall grass/weeds. ed aggtanceds) stored outside the ouilding. ster missiig a drain cing. ish recettacte not covered. Voraa Svunty ydiacay WNPOyy SUSBWOC pang Aenuged "| | QE UYOY Sd i SONA mT maT TT a {fOQU! BOAIBS WOU seqaeresp) JOQUINN BION 2 EIPUEY DEW 105 Idleswy WINDY [7] yoy secudxyy CF adAj sovsag f oN TO}A SSOIPPR ABAYOP JOS "SIA HL jp NUR) LOG} PUNO sseuppe AWAHOP &} 'C we aunyeuaig “y - AMZATAI NO NOUOIS SIL SLT IdNOD [oy passauppy MI “4 “syuuszad aoeds fi Ud OY} UO 10 ‘goaidyPLu BY 72 YOR Of OF Pawo SYP ORY wm “OA 0} PIED OY] WIM! 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Docket for Case No: 07-000640