2 STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Li “... ™ Petitioner, ANY vs. Ys ; License No. 16-00360-H e/a fe 601-649 APTS. Case No. 2-01-9 . : Respondent. ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (“Petitioner”), files this Administrative Complaint against: 601-649 APTS., (“Respondent’), and says: : : 1. 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. Respondentis, and has been at all times material hereto, licensed by or subject to the jurisdiction of tre Division of Hotels and Restaurants. The respondent's last known business address is 601 NW 27 AVE., POMPANO BCH., FL 33069-2267.The last known mailing address is J. TEPPS, 3411 - POWERLINE RD., FT. LAUDERDALE, FL 33309. : 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 2: an educational program sponsored by the Department's Hospitality Education Program; suspension, revocation, ¢- refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto. Signed January 09, 2001 Chery! BigSky, District Adrhinistrator By delegation of Susan R’ McKinley, Director _ Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: , Gail Hoge, Senior Attorney Florida Bar No. 0909289 _ Department of Business & Professional Regulation 1940 North Monroe Street, Tallahassee, Florida 32399-1007 Telephone 850 - 488-3140 / Facsimile 850 - 488-5074 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:_7099 3400 0014 7182 6908 __ | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this _day 0} 2001. ” Received by: Inspector's Signature : * Operator's Signature Title ee Title Case No:2-01-9 Revised 1/1/2001 License No: 16-00360-H : Business Name: 601-649 APTS. ue wa * CRITICAL VIOLATION License #: 16-00360-H Case #: 02-00-009 Exhibit A “FC” as cited herein references specific provisions of the 1997 Food Code, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Code. “NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. ° it is alleged that on December’ 1, 2000, December 21, 2000 and January 18, 200‘the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code(FAC), in the following particulars: 1. “01-3 61C-1.004(9)(a) FAC NFPA 10, 1-5.1 NFPA 10, 3-5 NFPA 10, 3-1.4 2. 25-1 | 61C-3.001(7) FAC 5 : “26-1, 61C-1.004(1}(e) FAC M . ' Tables 3-2.4 and_3-3.1. exterior portions of the licensed premises shall be kept clean, . FRONT OF BUILDING (see history). “establishment premises with sufficient frequency to prevent ““nuisance conditions and shall be disposed of in accordance with ; provisions of Chapter 62-701, FAC, herein adopted by reference. OBSERVED TRASH ON.GROUND NEXT TO DUMPSTER, Fire Extinguisher Installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire 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 mo exceed 75 feet. . On each floor level, the area protected and the travel distances: shall be based of fire extinguishers installed in accordance with OBSERVED PORTABLE FIRE EXTINGUISHERS MISSING ON FIRST AND SECOND FLOORS OF BUILDING. Premises -- The yards, alleys, driveways, sidewalks, and other 4 free of debris, free of objectionable odors, and properly drained, maintained and mowed... . Jt OBSERVED DEBRIS, PAPERS, AND CANS LITTERING : All garbage and rubbish shall be removed from the Exhibit A i hl al a ae FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION _--—CDIMISION OF HOTELS AND RESTAURANTS oy, #4. >, Pereeeinehns iad ES LAS ANTS: te 2 EXPLANATION OF RIGHTS anil