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State of Florida

Department of Business and Professional Regulation Division of Hotels and Restaurants

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Petitioner,

VS.

APARTMENTS

Respondent.

/

License Number. 9900000

License Type 2052

Case Number 2010005782

. Administrative Complaint

The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND

RESTAURANTS, ("Petitioner"), files this Administrative Complaint against APARTMENTS, ("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 an 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 40 AVE, PENSACOLA, FLORIDA 32503.The mailing address of record is APARTMENTS, at 40 FULTON AVE, PENSACOLA, FLORIDA 32503.

3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the ptovisions 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, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authori ed by Chapter 509, Florida Statutes, or the rules promulgated thereto.

Signed February 04, 201

y or designee

Division of Hotels & R ants

Department of Business & Professional Regulation

COUNSEL FOR THE DEPARTMENT:

Marc Drexler, Lead Attorney Florida Bar No. 0487058

Department of Business & Profession al Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202

Certificate of Service

BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 575 2462

I HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been

hand served by me on this     

Inspector's Signature

day of                                                          ,2010

Received by:..,,.----,--= ­

Operator's Signature

Title Title

Cas Number: 201D0057Si ile Number: 663 Ucense N1,miber: 9900000 2052

District Nurnber: os

Forrn rGvised 10.15.09

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Exhibit A

License Number: NO LIC

License Type: 2052 NON-LICENSED LODGING

Case Number: 2010005782

"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 Safely 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,

It is alleged that on January 13, 2010, October 6, 2009 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, 38 FS: 509; FAC 61C CURRENT LICENSE, DISPLAYED, AVAILABLE UPON REQUEST OBSERVED ESTABLISHMENT OPERATING WITHOUT A LICENSE FROM THE DEPARTMENT OF

BUSINESS & PROFESSIONAL REGULATIONS, HOTELS AND RESTAURANTS.

Case Number; 2010005782 1-ila Number: 6€i3

License Numhor. 9900000 205:1

District Number: oa

form revised 10.15.09

Docket for Case No: 11-000005