ao . promulgated thereto. - COUNSEL FOR THE DEI ws an) STATE OF FLORIDA Ro Ey pep DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION !” 1. f= [') DIVISION OF HOTELS AND RESTAURANTS * DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ° Petitioner, oo NM 3 / vs 00-2 License No. 23-04332-H BEACH MOTEL Case No. 1-00-127 Respondent. 1 . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: BEACH MOTEL, (“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 Sec. 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 last known business address is 8601 HARDING AVE, MIAMI BCH, FL 33141. 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 law are described in Exhibit “A”, attached hereto and 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 $1000 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 rules » Signed April 20, 2000 : Shannie Kallas, District Administrator Division of Hotels & Restaurants --«. Department of Business & Professional Regulation Gail Hoge, Senior Attorney - an Florida Bar No. 0909289 2 Department of Business & Professional Regulation 4940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 oO sense #: 23-04332-1H .-ase it 01-00-127 ? Itis is alleged that on Februsry 29, 2000, March 8, 2000 and March 15, 2000, the licensee was in violation of Florida Statute 509 and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative cone. fn the following particulars: ~ 4.2. "02-2 2.054 3. *06-9 4.*07-1 5. 17-2 61C-1.004(7) FAC 509.215(8) FS NFPA 101, 16-2.9, 17-2.9 Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables, OBSERVED LINT AND TRASH ACCUMULATION IN LAUNDRY ROOM. Specialized smoke detectors for the deaf and hearing impaired shall be available upon request by guests in public lodging establishments at a rate of at least one such smoke detector per 50 dwelling units or portions thereof, not to exceed five such smoke detectors per public lodging facility. OBSERVED NO HEARING IMPAIRED SMOKE DETECTOR. Emergency Lighting: Each transient public lodging establishment building with more than 25 rooms shall be protected by the installation of emergency lighting on all floors of buildings with interior egress and on all floors above the first floor of buildings with exterior egress. OBSERVED INOPERABLE EMERGENCY LIGHT LOCATED -, BY ROOM #127. 61C-1.004(11) FAC 61C-3,004(2) FAC Electrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring Shall be kept in good repair . . OBSERVED CIRCUIT BREAKER PANEL LOCATED IN LAUNDRY ROOM WITH MISSING FACE PLATE AND : EXPOSED ELECTRICAL WIRING Bedding and linens, etc. -- Clean mattresses and bed springs, mattress pads, clean pillows and pillowslips, clean bed sheets and sufficient clean blankets shall be provided for each sleeping accommodation. (EXEMPTION — 61 6-3, 001(12) FAC: Resort condominiums, ~ Nontransient apartments and resort dwellings are exempt from subsections (1), (2) and (3) of this rule: Establishments opting to provide any of the services listed in subsections (2) and (3) of all comply with the requirements described herein, q OBSERVED MATTRESS PADS MISSING ON ALL _ MATTRESSES. Exhibit A Page 1 of 2 See 6. 424-2 7. 30-1 8, 31-1 Ney 61C-1.004(3) FAC 61C-3.002(1) FAC 509.201(1) FS sense #: 23-04332-H or #: 01-00-127 Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or prosonce on the premises of rodents, flies, roaches and other vermin, All buildings shall be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, excep! when effective means of vermin control are used. Screening material - shall not be less than 16 mesh to the inch or equivalent, tight- fitting and free of breaks. OBSERVED ALL WINDOW SCREENS MISSING THROUGHOUT PROPERTY. Filing ~ The rates to be charged for each room in every public lodging establishment shail be filed with the division on BPR form 22-004, ROOM RATE SCHEDULE, incorporated herein by reference and effective 9-25-96, which form shall be provided by the division. Copies of this form may be obtained from any division office. .. . . [EXEMPTION — 61C-3.002(5) FAC: Resort condominiums, resort dwellings and nontransient apartments are exempt from subsections (1), (2), and (3) of this rule.] : OBSERVED NO ROOM RATE SCHEDULE ON FILE WITH DIVISION OF HOTELS AND RESTAURANTS OR AVAILABLE ON PREMISES. In each public lodging establishment renting by the day or week there shall be posted in a plainly legible fashion, in a conspicuous place in each rental unit, the rates at which cach such unit is rented... . .» [EXEMPTION -509.201(4) FS: Subsection ( 1) and paragraphs (a), (b), and (c) of subsection (2) do not apply to any facility or unit classified'as a resort condominium, nontransient apartment, or resort dwelling as described in s. 509.242(1)(c), (d), and (g).] OBSERVED ROOM RATES NOT POSTED IN ALL GUEST ROOMS. o Exhibit A Page 2 of 2 ot: oe ET ae

Docket for Case No: 00-002831