Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NEW ARENA SQUARE NORTH AND SOUTH LTD., D/B/A NEW ARENA SQUARE NORTH AND SOUTH, LTD.
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: Nov. 16, 2024
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STATE OF FLORIDA FM F D
DEPARTMENT OF BUSINESS AND PROFESSIONAL REG
_ Department of Business and Professional Regulation,
Division of Hotels and Restaurants,
Petitioner,
vs.
License
NEW ARENA SQUARE NO & SO LTD
dibla NEW ARENA SQUARE NO & SO LTD.
275 NW 10 ST.
MIAMI, FL 33136
Respondent.
ne '
00 JUN 13 PM 1:33
DIVISION OF
ADMINISTRATIVE
HEARINGS
Case Number: 1-99-1956
umber: 23-15636-H
oo 6
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 NEW ARENA SQUARE NO & SO LTD (hereinafter referred to as
"Respondent"). The Division seeks to inipose disciplinary action upon the Respondent and
alleges:
4. 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,
ae
Respondent held a license number: 23-15636-H for the operation of a public lodging
establishment. Respondent's last known addres
BCH, FL 33139.
5 of record is 750 COLLINS AVE., MIAMI
3. Petitioner seeks to revoke; mal impose administrative fines; impose a
civil penalty; require corrective action, and
provided for by law or rule, or any combination
Rev. 03/18/99
dditional or other penalties as may be
thereof. ;
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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.
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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. |
<>.
District Administ
Division of Hotel
and Restaurants
SIGNED July 13, 1999
Rev. 03/18/99
License NO; 23-15636-H
Case NO: 1-99-196
Business Name: NEW ARENA SQUARE NO & SO LTD.
13-1 G1C-1.004(6) FAC All buil
VIOLATION:
*16-15 5-103.12 FC
VIOLATION s
*=CRITICAL
YU
Control No 23-15636H
Case
No:_1-99-4196
Page No: _2. of_2
VIOLATIONS
fixtures shall be kep
obstructions.
ding structural components, attachments and
t in good repair, clean and free of
OBSERVED WALKrWAY THROUGHOUT PREMISES IN
DISREPAIR.
Pressure.
Water under pressire shall be provided to all fixtures,
EQUIPMENT, an
nonFOOD EQUIPMENT that are
required to use water except that water supplied as
specified under 4 5-1 04.12(A) and (B) toa TEMPORARY
[Public Lodging] ESTABLISHMENT or in response to a
temporary interrupt
under pressure.
ion of a water supply need not be
OBSERVED INSUFFICIENT HOT WATER AT
KITCHEN SINK
IM APARTMENT #230.
On May 19, 1999, the following violat
Statutes (FS)
Administrative
and/or 1
Code (FAC)
Association(NFPA) Life Safety Code wer
New Arena Square No & So Ltd., 275 NW
*Q1-3
VIOLATION:
#G8-4 G1C-1.004(10) FAC
VIOLATION:
*O7-1 61C-1.004(11) FAC
VIOLATION:
09-1 509.221(3) FS
VIOLATION:
*12-2 61C-1.004(6) FAC
VIOLATION:
*=CRITICAL
Control No 23-15636H
cas
Page No:
Food
and/or
995
VIOLATIONS
61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguishers shall be
installed in accordance with NFPA 10, Standard for
Portable Fire Exti
OBSERVED FIRH EXTINGUISHERS MISSING
THROUGHOUT PREMISES.
. . . Exits shall be
illuminated exit signs.
‘OBSERVED EXIT SIGNS THROUGHOUT PREMISES
IN DISREPAIR
Electrical wiring -- To prevent fire or injury, defective
electrical wiring shall be replaced and wiring shall be kept
in good repair. .
OBSERVED ELE'
APARTMENTS #
Bach establishment licensed under this chapter shall be
properly lighted.
regard to the he
Such proper ligh'
daylight and arti
OBSERVED ELECTRICAL LIGHTS HANGING FROM
OUTLETS BY APARTMENTS #211 AND 222.
All building structural components, attachments and
fixtures shall be kept in good repair. . .
OBSERVED RA
IN DISREPAIL
- comfort, and safety of the guests.
Nw]
No:_1-99-196
1. of_2
ons of Rules of the Florida
‘Code (FC) and/or Florida
ational Fire Protection
found to exist at said
Oo St., Miami, Fl 33136.
nguishers.
clearly marked with approved
TRICAL COVER MISSING BY
10 AND 223.
. and shall be operated with strict
ng shall be construed to apply to both
cial illumination.
LINGS THROUGHOUT PREMISES
Docket for Case No: 00-002448
Issue Date |
Proceedings |
Jul. 02, 2002 |
Order Closing File issued. CASE CLOSED.
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Jul. 02, 2002 |
Stipulated Settlement and Consent Order filed by Petitioner.
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Jun. 28, 2002 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
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May 29, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
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May 29, 2002 |
Petitioner`s Witness List (filed via facsimile).
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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).
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May 16, 2002 |
Petitioner`s Motion in Opposition of Continuance (filed via facsimile).
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May 16, 2002 |
Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
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May 14, 2002 |
Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
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Apr. 19, 2002 |
Order of Pre-hearing Instructions issued.
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Apr. 19, 2002 |
Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
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Apr. 01, 2002 |
Petitioner`s Response to Initial Order (filed via facsimile).
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Mar. 22, 2002 |
Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
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Mar. 22, 2002 |
Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
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Dec. 04, 2001 |
Order Closing File issued. CASE CLOSED.
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Dec. 04, 2001 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile).
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Nov. 30, 2001 |
Joint Motion for Continuance of Rescheduling (filed via facsimile).
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Oct. 10, 2001 |
Order of Pre-hearing Instructions issued.
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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).
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Oct. 05, 2001 |
Status Report (filed byPetitioner via facsimile).
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Oct. 03, 2001 |
Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
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Oct. 02, 2001 |
Order Granting Continuance issued (hearing cancelled, parties to advise status by 10/08/2001).
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Oct. 01, 2001 |
Motion for Continuance or Rescheduling and for Consolidation of All Pending Complaints (filed by Respondent via facsimile).
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Aug. 27, 2001 |
Order of Pre-hearing Instructions issued.
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Aug. 27, 2001 |
Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
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Aug. 14, 2001 |
Status Report and Request for Hearing (filed by Petitioner via facsimile).
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Aug. 02, 2001 |
Order Granting Continuance issued (parties to advise status by August 9, 2001).
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Aug. 01, 2001 |
Joint Motion for Continuance (filed via facsimile).
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Jul. 25, 2001 |
Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
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Jul. 24, 2001 |
Notice of Ex Parte Communication issued.
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Jul. 23, 2001 |
Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
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May 29, 2001 |
Order Cases: 01-001909, 01-001910, 01-001911, 01-001912) were added to the consolidated batch.
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May 29, 2001 |
Order of Pre-hearing Instructions issued.
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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).
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May 22, 2001 |
Order CASE REOPENED.
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May 22, 2001 |
Motion to Consolidate (with Case Nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed via facsimile.
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May 17, 2001 |
Motion to Consolidate (with case nos. 01-1909, 01-1910, 01-1911, and 01-1912) filed.
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May 16, 2001 |
Motion to Reopen File filed.
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May 16, 2001 |
Notice of Appearance (filed by G. Hoge).
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Oct. 24, 2000 |
Order Closing File issued. CASE CLOSED.
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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.)
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Aug. 08, 2000 |
Order of Pre-Hearing Instructions issued.
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Aug. 08, 2000 |
Order issued. (consolidated cases are: 00-002446, 00-002447, 00-002448, 00-002449, 00-002450, 00-002451)
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Jul. 25, 2000 |
Amended Response to Initial Orders and Motion to Consolidate filed.
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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.
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Jun. 15, 2000 |
Initial Order issued. |
Jun. 13, 2000 |
Administrative Complaint filed.
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Jun. 13, 2000 |
Agency Referral Letter Requesting Hearing filed.
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