STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL DIVISION OF HOTELS AND RESTAURANT DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. License No. 60- JFOUNTAIN VIEW HOTEL Case No. 2-00- Respondent. / ADMINISTRATIVE COMPLAINT R — 00-8997 SE GULATION : JUL TS PH fs 47 | VISION ADHUNISTR A. j HEARINGS ‘* py ~~ Noose 7 Oh i 90163-H 185 The DEPARTMENT OF BUSINESS AND PROFESSIONAL LEGULATION DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative FOUNTAIN VIEW HOTEL, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the o Complaint against: peration of public lodging establishments and public food service establishments, pursuant to Sec. 20.165 and Chapter 509, Florida Statutes. Respondent is, and has been at all times material hereto, li the jurisdiction of the Division of Hotels and Restaurants. known business address is 516 44th ST., W. PALM BCH., Inspection of this establishment conducted pursuant to Se Statutes, revealed violations of the provisions of Chapter 5! ensed by or subject to he respondent's last FL 33407-3855. . 509.032, Florida 9, Florida Statutes, and / or the rules promulgated thereto governing operation of Wit at attache; The violation(s) found and applicable law are described in Exh and incorporated herein by reference. it "A", attached hereto 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 spon Department's Hospitality Education Program; suspension, revocation, issued pursuant to this Chapter, and/or any other relief authorized by Statutes, or the rules promulgated thereto. | Signed May 02, 2000 lL. iesky, Distri¢t sored by the ; or refusal of a license Chapter 509, Florida Mhet khMoypee? Administrator Division of Hotels & Restaurants COUNSEL FOR THE DEPARTMENT: Gail Hage, Senior Attorney | Florida Bar No. 0909289 Department of Business & Professional Regulation | 41940 North Monroe Street, Tallahassee, Florida 32399-1007 | Department of Business & Professional Regulation Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 Itis alleged that on April 17, 2000 the licensee was in violation of Florida Statute 509 and/or the Rul the Division of Hotels and Restaurants, Florida Administrative Code, in the following partigglarsyy) 3 PM fst 7 hy ‘ *01-3 61C-1.004(9)(a) FAC NFPA 10, 1-5.1 NFPA 10, 3-5 NFPA 10, 3-1.4 *01-10 NFPA 10, 4-4.1 “04-1 61C-1.004(5) FAC "44-3. 61C-3.004(9) FAC “07-1 61C-1.004(11) FAC | cicense #: 60-00163-H Case #: 02-00-185 my ey | ' DIVISIS Ny patra, Fire Extinguisher Installation -- Fire extinguishers tha | RAL installed in accordance with NFPA 10, Stendard for Po aN HRS Extinguishers. [Low] hazard ... locations ... include ...guest room areas of hotels/motels, etc. {These locations shall be protected by the installation of potable fire extinguishers with a minimum rating of] 2-A:10-B:C provided for each 3000 square feet of floor space on each level and installed so that the travel distance to any extinguisher shall not exceed 75 feet. On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accordance with Tables 3-2.1 and_3-3.1. Fire extinguishers shall be subjected to maintenance not more than one year apart... OBSERVED PORTABLE FIRE EXTINGUISHER NOT INSTALLED WITHIN 75 FEET OF TRAVEL DISTANCE - REAR BUILDING BOTH FLOORS, FRONT BUILDING FIRST FLOOR. OBSERVED PORTABLE ABC FIRE. EXTINGUISHER WITHOUT CURRENT CERTIFICATION (09/94). All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A-3, FAC. OBSERVED SMOKE DETECTORS INOPERABLE IN APARTMENTS #3 AND 4 - FRONT ‘BUILDING. Eléctrical wiring -- To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair . . OBSERVED ELECTRICAL WIRING IN DISREPAIR IN APARTMENTS #3 AND 4. Kitchen appliances and refrigeration ecuipment shall be kept clean and free from odors and in good repair. Refrigerators shall be properly drained. OBSERVED COOKING STOVE INOPERABLE IN APARTMENT #4. OBSERVED AIR CONDITIONING UNITS INOPERABLE IN APARTMENTS #3 AND 4. ‘ Exhibit A Page 1 of 5 les of uf e r ee 13-1 61C-1.004(6) FAC License #: 60-00163-H Case # 02-00-1385 I All building structural components, attadhments and fixtures shall be kept in good repair, clean and free of obstructions. OBSERVED BROKEN WINDOW AT FRONT DOOR OF FRONT APARTMENT. OBSERVED KITCHEN CABINETS IN DISREPAIR IN APARTMENT #4. OBSERVED TILE FLOORS BROKEN, CHIPPED AND MISSING IN KITCHEN IN sear #4, OBSERVED HOLE IN WALL IN LIVIN APARTMENT #4, i OBSERVED WINDOW Benoa of APanr IN AREA IN DISREPAIR IN FRONT BEDROOM OF APARTMENT #4. OBSERVED WOOD FRAMING AROUND WINDOW AIR CONDITIONER IN FRONT BEDROOM OF APARTMENT #4 IS ROTTING AND HAS A HOLE. OBSERVED CEILING STAINS REFLECTING SIGNS OF WATER LEAKING IN BACK BEDROOM IN APARTMENT #3. OBSERVED CEILING PLASTER CRACKED IN BACK BEDROOM IN APARTMENT #3. OBSERVED BROKEN AND MISSING TILES IN KITCHEN LEAVING EXPOSED PLYWOOD IN APARTMENT #3. OBSERVED KITCHEN CABINETS IN} DISREPAIR IN APARTMENT #3. OBSERVED WINDOW OPERATING ! SSEMBLY IN DISREPAIR IN SHOWER STALL WINDOW IN APARTMENT #3, OBSERVED ALL WINDOW OPERATING ASSEMBLIES IN MIDDLE BEDROOM IN DISREPAIR iN APARTMENT #3. OBSERVED CLOSET DOOR IN DISREPAIR IN MIDDLE BEDROOM IN APARTMENT #3. | OBSERVED CEILING AT TOP OF STAIRWELL IN FRONT BUILDING HAS A HOLE THROUGH! THE ROOF. OBSERVED HOLE IN STUCCO ON WEST SIDE OF FRONT BUILDING. OBSERVED WINDOW IN DISREPAIR ON WEST SIDE OF FRONT BUILDING. OBSERVED WINDOWS BOARDED uP ON WEST SIDE OF FRONT BUILDING. * OBSERVED STUCCO MISSING ON: ‘souTH SIDE OF FRONT BUILDING. OBSERVED WINDOW IN DISREPAIR ON LOWER FLOOR OF FRONT BUILDING ON SOUTH SID OBSERVED WINDOW IN TH SIO ON LOWER FLOOR OF FRONT BUILDING ON EAST SIDE. OBSERVED STUCCO CRACKED ON NORTH SIDE EXTERIOR WALL OF BACK BUILDING. OBSERVED DOOR FRAME ROTTING AT APARTMENT #6 ON BACK BUILDING. OBSERVED WINDOW IN DISREPAIR ON NORTH SIDE OF BACK BUILDING AT APARTMENT/#6. OBSERVED HOLES IN WALLS AND CEILING OF WATER HEATER ROOM ON SOUTH SIDE OF I BACK BUILDING. Exhibit A Page 2 of § 13-3 14-2 61C-1,004(2)(a) FAC 61C-3,001(10) FAC 61C-3.004(5) FAC” 5-203.14 FC License #: 60-00163-H Case #: 02-00-185 OBSERVED WINDOW BROKEN ON SOIJTH SIDE OF BACK BUILDING ON SECOND FLOOR. OBSERVED CRAWL SPACE ON WEST SIDE OF FRONT BUILDING NOT ENCLOSED. OBSERVED CRAWL SPACE OPENING ON EAST SIDE OF FRONT BUILDING NOT ENCLOSED. _. , Bathroom facilities shall be kept... irl good repair... [EXEMPTION-- 61C-1 .004(2)(e) FAC: Resort condominiums, nontransient establishments and resort dwellings are exempt from the provisions of this subsection.] OBSERVED PLASTER CRACKED AND) CHIPPING ON BATHROOM WALL IN APARTMENT #4. OBSERVED HOLE IN WALL ABOVE TUB IN SHOWER STALL IN BATHROOM IN APARTMENT #4. OBSERVED HOLE IN WALL BEHIND TOILET IN BATHROOM IN APARTMENT #4. OBSERVED SINK FALLING OFF WALL IN BATHROOM IN APARTMENT #3. OBSERVED HOLE IN WALL UNDER TOILET IN BATHROOM IN APARTMENT #3. Locks -- An approved locking device for the purposes of section 509.211, FS, is a locking device that meets the requirements of National Fire Protection Association 101 (NFPA 101), Life Safety Code. Public lodging establishments as defined in rule 61C- 1.002(4)(a), FAC, shall have at least ore approved locking device which does not include a “sliding chain” or “hook and eye” type device, on all outside and connecting doors which cannot be opened by a non-master guest room key. OBSERVED LOCKS IN DISREPAIR ON KITCHEN DOOR TO OUTSIDE STAIRWAY IN APARTMENT #83. _ All rugs and floor coverings must te kept clean and in good condition, free from holes and rips... . OBSERVED CARPET STAINED AND UNCLEAN IN LIVING AREA IN APARTMENT #4. Backflow Prevention Device, When Required.* ‘ A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminantinto the water supply system at. each point of use at the ... {public:lodging establishment], including on a hose bibb ifa hoseiis attached or on a hose bibb if a hose is not attached and backflow prevention is required by LAW, by: (A) Providing an air gap as specified under § 5-202.13; or Exhibit A Page 3 of § 10. *24-1 11. 25-1 25-2 12. *38-2 §09.221(7) FS 61C-3.001(7) FAC 61C-3.001(7) FAC §09.241(1) FS 509.241(2) FS 61C-1.002(6) FAC License #: 60-00163-H Case#: 02-00-185 (B) Installing an APPROVED backflow prevention device as specified under § 5-202.14. OBSERVED BACKFLOW PREVENTION DEVICE NOT PROVIDED ON EXTERIOR HOSE BIB. The operator of any establishment licensed under this chapter shall take effective measures to protect the establishment against the entrance and the breeding on the premises of alt vermin. Any room in such establishment infested with such vermin shall be fumigated, disinfected, renovated, or other corrective action taken until the vermin are exterminated. OBSERVED EVIDENCE OF RODENTS (DROPPINGS) IN WATER HEATER ROOM ON SOUTH SIDE OF BACK BUILDING. : OBSERVED COCKROACHES IN KITCHEN CABINETS IN APARTMENT 83. : ‘ 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. .. . ... All unused and discarded equipmjent and materials shall be removed from the premises, except when placed in a designated storage area. : OBSERVED EXCESSIVE TRASH AND DEBRIS ON PROPERTY OUTSIDE OF APARTMENTS IN FRONT BUILDING (CANS, BOTTLES, BROKEN GLASS, SINKS, ETC.). / OBSERVED BROKEN SODA MACHINE STORED ON NORTH SIDE OF BACK BUILDING - EXCESSIVE DEBRIS AROUND PREMISES (L. P. GAS TANK, T.V. ANTENNA, TIRES, CARS, ETC.). LICENSES; ANNUAL RENEWALS.—Each public lodging establishment ... shall obtain a license from the division Such licenses may not be transferred from one place or individual to another... Licenses shall be renewed annually, APPLICATION FOR LICENSE.-- Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. A condominium association, as defined in s. 718.108, which does not own any units classified as resort condominiums under s. 509.242(1)(c) shall not be required to apply for or receive a public lodging establishment license. / Itis the responsibility of the licensee to renew the license prior to the expiration date... Any public lodging ... establishment operating on an expired license is deemed to be operating Exhibit A Page 4 of 5 +" CRITICAL VIOLATION License #: 60-00163-H Case #: 02-00-4185 without a license, and subject to the penalties provided for this offense in law and rule. OBSERVED ESTABLISHMENT OPERATING PRIOR TO OBTAINING A LICENSE FROM THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS ($151.00 PLUS $50.00 APPLICATION FEE for 98/99 AND $151.00 PLUS $50.00 APPLICATION FEE for 99/00). Exhibit A Page 5 of 5

Docket for Case No: 00-002949

Orders for Case No: 00-002949