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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NEW ARENA SQUARE NORTH AND SOUTH LTD., D/B/A NEW ARENA SQUARE NORTH AND SOUTH, LTD., 00-002448 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002448 Visitors: 20
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
YU ' Nw 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. ; Y | UY | 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. | <>. 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.
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 Compllaints (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 of 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 Order of Pre-hearing Instructions issued.
Aug. 27, 2001 Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
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 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 Response to Initial Orders and Motion to Consolidate filed.
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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