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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs SOLOMON YUKEN, D/B/A ARENA GARDENS APARTMENTS, 00-002446 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002446 Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: SOLOMON YUKEN, D/B/A ARENA GARDENS APARTMENTS
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Jun. 13, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 2, 2002.

Latest Update: Jun. 20, 2024
We VU STATE OF FLORIDA Fllok D DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU Department of Business and Professional Regulation, 00 JUN 13 PM 1:33 Division of Hotels and Restaurants, aus ON OF Petitioner, AMIS TRA RATIVE vs. Z Case Number: 1-99-212 CO ZY Ufo License Number: 23-25467-H YUKEN SALOMON diblja ARENA GARDENS APTS. . an 1027 NW 1 COURT MIAMI, FL 33136 Respondent. decree ere ener ene neem nme n mene et | j ADMINISTRATIVE COMPLAINT COMES NOW, the Department of Business and Professional Regulation, Division of Hotels and Restaurants (hereinafter referred to as "Division") files this administrative complaint against YUKEN SALOMON (hereinafter referred to as "Respondent'). The Division seeks to impose disciplinary action upon the Respondent and alleges: 1. The Division has jurisdiction over the subject matter of, and the parties to, this proceeding pursuant to Chapter 509, Florida Statutes. 2. At all times relevant to the facts alleged in this administrative complaint, Respondent held a license number: 23-25467-H for the operation of a public lodging establishment. Respondent's last known address of record is 1027 NW 1 COURT, MIAMI, FL 33136. 3. Petitioner seeks to revoke; suspend; impose administrative fines; impose ¢ civil penalty; require corrective action, and additional or other penalties as may f provided for by law or rule, or any combination thereof. Rev. 03/18/99 We OY COUNTS 4. Petitioner realleges and incorporates by reference, as if fully stated herein, the allegations contained in paragraphs 1 through 2, above. 5. The factual allegations and charges are specifically set forth in the attached Exhibit A, incorporated by reference in this administrative complaint as if fully and completely restated herein. Each listed violation is a separate charge. WHEREFORE, the ‘Division of Hotels and Restaurants hereby charges the Respondent with the above counts and notices its intention to seek imposition of an appropriate penalty of revocation; suspension; administrative fines; civil/administrative penalty; corrective action, additional or other penalties as may be provided for by law or rule, or any combination thereof. Division of Hotels and Restaurants SIGNED July 20, 1999 : Rev. 03/18/99 License NO: 23-25467-H. Case NO: 1-99-212 Business Name: ARENA GARDENS APTS. wan U Control No 23-25467H Case No:_1-99-212 Page No: _1. of_1 On May 21, 1999, the following violations of Rules of the Florida Statutes (FS) and/or 1995 Food Code (FC) and/or Florida Administrative Code(FAC) and/or National Fire Protection Association(NFPA) Life Safety Code were found to exist at said Arena Gardens Apts., 1027 NW 1 Court, Miami, Fl 33136. VIOLATIONS *01-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. . VIOLATION: OBSERVED FIRE EXTINGUISHERS MISSING. 25-1 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. . . . VIOLATION: OBSERVED EXCESS LITTER AND TRASH ON GROUNDS OF ESTABLISHMENT. 26-15 5-501.114 FC Using Drain Plugs. Drains in receptacles and waste handling units for REFUSE, recyclables, and returnables shall have drain plugs in place. VIOLATION: OBSERVED DUMPSTER DRAIN PLUG MISSING. *=CRITICAL

Docket for Case No: 00-002446
Issue Date Proceedings
Jul. 02, 2002 Order Closing File issued. CASE CLOSED.
Jul. 02, 2002 Stipulated Settlement and Consent Order filed by Petitioner.
Jun. 28, 2002 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 29, 2002 Petitioner`s Exhibit List (filed via facsimile).
May 29, 2002 Petitioner`s Witness List (filed via facsimile).
May 20, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 4 and 5, 2002; 10:00 a.m.; Miami, FL).
May 16, 2002 Petitioner`s Motion in Opposition of Continuance (filed via facsimile).
May 16, 2002 Motion for Continuance or Rescheduling and for Consolidation of all Pending Complaints (filed by Respondent via facsimile).
May 14, 2002 Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
Apr. 19, 2002 Order of Pre-hearing Instructions issued.
Apr. 19, 2002 Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
Apr. 01, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
Mar. 22, 2002 Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
Mar. 22, 2002 Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
Dec. 04, 2001 Order Closing File issued. CASE CLOSED.
Dec. 04, 2001 Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Nov. 30, 2001 Joint Motion for Continuance or Rescheduling (filed via facsimile).
Oct. 10, 2001 Order of Pre-hearing Instructions issued.
Oct. 10, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for December 14, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 05, 2001 Status Report (filed byPetitioner via facsimile).
Oct. 03, 2001 Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
Oct. 02, 2001 Order Granting Continuance issued (hearing cancelled, parties to advise status by 10/08/2001).
Oct. 01, 2001 Motion for Continuance or Rescheduling and for Consolidation of All Pending Complaints (filed by Respondent via facsimile).
Aug. 27, 2001 Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
Aug. 24, 2001 Order of Pre-hearing Instructions issued.
Aug. 14, 2001 Status Report and Request for Hearing (filed by Petitioner via facsimile).
Aug. 02, 2001 Order Granting Continuance issued (parties to advise status by August 9, 2001).
Aug. 01, 2001 Joint Motion for Continuance (filed via facsimile).
Jul. 25, 2001 Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
Jul. 24, 2001 Notice of Ex Parte Communication issued.
Jul. 23, 2001 Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
May 29, 2001 Order issued. (Cases 01-001909, 01-001910, 01-001911, 01-001912 were added to the consolidated batch.)
May 29, 2001 Order of Pre-hearing Instructions issued.
May 29, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for August 13, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
May 22, 2001 Order CASE REOPENED.
May 22, 2001 Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
May 17, 2001 Motion to Consolidate (with case nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed.
May 16, 2001 Motion to Reopen File filed.
May 16, 2001 Notice of Appearance (filed by G. Hoge).
Oct. 24, 2000 Order Closing File issued. CASE CLOSED.
Oct. 20, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Sep. 19, 2000 Notice of Appearance (filed by D. Theriaque).
Aug. 08, 2000 Notice of Hearing by Video Teleconference Issued. (hearing October 20, 2000; 9:00 a.m.)
Aug. 08, 2000 Order of Pre-Hearing Instructions issued.
Aug. 08, 2000 Order issued. (consolidated cases are: 00-002446, 00-002447, 00-002448, 00-002449, 00-002450, 00-002451)
Jul. 25, 2000 Amended Responses to Initial Orders and Motion to Consolidate. (filed via facsimile)
Jun. 22, 2000 (Petitioner) Response to Initial Order and Motion to Consolidate (Cases requested to be consolidated: 00-2446, 00-2447, 00-2448, 00-2449) filed.
Jun. 15, 2000 Initial Order issued.
Jun. 13, 2000 Administrative Complaint filed.
Jun. 13, 2000 Agency Referral Letter Requesting Hearing filed.
Source:  Florida - Division of Administrative Hearings

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