————-—_--—_VARGA.FERENC_ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION { ~ uf Dr | Petitioner, vs. License No. 9900000 VARGA FERENC , License Type 2052. 3232 APARTMENTS Case No. 2008031228 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against VARGA FERENC, 3232 APARTMENTS, (“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 3232 NE 12 ST, POMPANO BEACH, FLORIDA 33062.The mailing address of record is 3232 APARTMENTS, at 1609 N RIVERSIDE DR, POMPANO BEACH, FLORIDA 33062. 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 taw 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 rulesypromulg: thereto. Signed May 29, 2008 Ken Buck, 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 2008. Received by: Inspector's Signature : Operator's Signature Title , Title District Number: 02 Case Number: 2008031228 File Number: 401 Form revised 07.07.07 License Number: 9900000 2052 ——_____VARGA-FERENC. Exhibit A License Number: NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2008031228 “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’, ¢lorida Administrative Code, and 61C-1.004(5), Florida Administrative Code. : “* denotes a critical violation. {tis alleged that on February 20, 2008, May 12, 2008 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. * 1.04-14 61C-1.004(9(B) FAC A STANDARD STATE APPROVED SERVICE TAG SHALL BE ATTACHED TO EACH EXTINGUISHER AND A PERSON HOLDING A VALID STATE PERMIT ISSUED BY THE STATE FIRE MARSHAL SHALL RECHARGE OR INSPECT THE EXTINGUISHER AND SHALL PREPARE THE TAG TO INCLUDE THE INFORMATION REQUIRED BY RULE 4A-21.241, FAC, HEREIN ADOPTED BY REFERENCE. A. OBSERVED FIRE EXTINGUISHER WITH NO INSPECTION TAG....ABC IN FRONT OF BUILDING. B. OBSERVED FIRE EXTINGUISHER WITH NO INSPECTION TAG....ABC ON WEST SIDE OF REAR BUILDING. C. OBSERVED FIRE EXTINGUISHER WITH PIN MISSING....ABC ON WEST SIDE OF REAR BUILDING. 2. 13-01 61C-1.004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED A BOARDED UP WINDOW....WEST SIDE OF REAR BUILDING. 3.19-08 5-203.14FC BACKFLOW PREVENTION DEVICE, WHEN REQUIRED. A PLUMBING SYSTEM SHALL BE INSTALLED TO PRECLUDE BACKFLOW OF A SOLID, LIQUID, OR GAS CONTAMINANT TO THE WATER SUPPLY SYSTEM AT EACH POINT OF USE AT THE [PUBLIC LODGING ESTABLISHMENT], INCLUDING ON A HOSE BIBB IF A HOSE IS ATTACHED OR ON A HOSE BIBB IF A HOSE 1S NOT ATTACHED AND BACKFLOW PREVENTION IS REQUIRED BY LAW, BY: (A) PROVIDING AN AIR GAP AS SPECIFIED UNDER SECTION 5-202.13; OR (B) INSTALLING AN APPROVED BACKFLOW PREVENTION DEVICE AS SPECIFIED UNDER SECTION 5-202.14. OBSERVED NO BACK FLOW PREVENTER ON A HOSE BIBB....FRONT OF PROPERTY. 4, 38-02 509.241(1) AND (2)FS 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. IT IS THE RESPONSIBILITY OF THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE |S DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. : Case Number: 2008031228 _ File Number: 401 District Number: 02 License Number: 9900000 2052 Form revised 07.07.07 OBSERVED ESTABLISHMENT OPERATING WITHOUT A HOTEL AND RESTAURANT LICENSE....LICENSE FEES DUE: $125 + $50 (APPLICATION FEE) $175. Case Number: 2008031228 File Number: 401 District Number: 02 License Number: 9900000 2052 Form revised 07.07.07 VARGA FERENC ____

Docket for Case No: 09-004337