i 4 j oO STATE OF FLORIDA i. _ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION...” J iz DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Ages vs. A VERNA SAMUEL License No. 23-00000-H 92 SW 6 ST APTS . Case No. 1-00-159 —_ . Ol - | S Zz J ADMINISTRATIVE COMPLAINT : The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF © a HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint agains: VERNA SAMUEL, (“Respondent”), and says: . 1. Petitioner is the state agency charged with regulating the operation of public: lodymy 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 sulyect tuthe jurisdiction of the Division of Hotels and Restaurants. The respondent’ s last known business address is 92 SW 6 ST, HOMESTEAD, FL 33030. * 3. Inspection of this establishment conducted pursuant to Sec. 509.032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statules, and iz or the rules promulgated thereto governing operation of the establishment. [he violation(s) found and applicable law are described in Exhibit “A", atlached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order i imposing one or more ol the following penalties: administrative fine not to exceed $1000 per offense; mandatory allendance 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 promulgated thereto. ; Signed May 22 2000 S.pD. Kerio : Shannie Kallas, District Administrator 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 _ _tcense #: 23-00000,11 _ vase #: 01-00 [50 an em Itis alleged that on March 30, 2000, April 11, 2000 and April 18, 2000, the licensee tee in Alone AD Florida Statute 509 and/or the Rules of the Division of Hotels: and Restaurants, Flori Vegypistalive © i Code, in the following particulars: 10 p con, kes apelvixy b5 1, *01-3 61C-1.004(9)(a) FAC Fire Extinguisher Installation -- Fire extinguish hive £ . ; installed in accordance with NFPA 10, Standardéfgy Pu Muyo : Extinguishers. 5 NFPA 10, 1-5. [Low] hazard ws - locations . ues oom ae _ hotels/motels, etc. NFPA 10, 3-5 [These locations shall be protected ‘by the installation of polable 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, shati not exceed 75 feet. NFPA 10, 3-1.4 On each floor level, the area protected and the travel distances shall be based of fire extinguishers installed in accoidanco wilh ~~ Tables 3-2.1 and_3-3.1. : OBSERVED NO 2A10BC FIRE EXTINGUISHERS IN ESTABLISHMENT. 2. 19-8 5-202.14 FC Backflow Prevention Device, Design Standard. A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineers (A.S.S.E.) standards for.construction, installation, maintenance, inspection, and testing for that specific application and type of device. OBSERVED NO BACK FLOW DEVICE FOR HOSE BIB. 3. 25-1 61C-3.001(7) FAC Premises -- The yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises shall be kept claan, . free of debris, free of objectionable odors, and propeily drained, : ‘maintained and mowed. . OBSERVED PROPERTY NOT MAINTAINED FREE OF DEBRIS. 4. *38-2 509.241(1) FS LICENSES; ANNUAL RENEWALS.—Each public lodying establishment ... shall obtain a license from the division ... ... Such licenses may not be transferred from one place or indivisual to another... Licenses shall be renewed annually, Exhibit A Page 1 of 2 ai 509.241(2) FS 61C-1.002(6) FAC icense # 23-00000 11 case ## 01-00 154 wee ? 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 {rom the division prior to the commencement of operation. A condominiun association, as defined in s. 718.103, 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. It is the responsibility of the licensee to renew the license prior to the expiration date... Any public lodging ... establishment "°°" 7 operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law. and rule. " FAILURE TO OBTAIN THE STATE OF FLORIDA, DIVISION OF HOTELS AND RESTAURANTS LICENSE FOR FISCAL ; YEAR 1999/2000. TOTAL AMOUNT DUE FOR LICENSE AND APPLICATION FEES = $121 + $50 = $171.00. Exhibit A. Page 2 of 2 . FLORIDA DEFARTMENT OF BUSINESS AND PROFES SONAL. REGULATION moe SIVISION OF HOTELS AND RESTAUR .TS” 0 € EXPLANATION OF RIGHTS “ny Blip P “lp. S The enclosed Administrative Complaint charges you with violating one or more Provisial Chapter 509, Florida Statutes, or Rule 61C, Florida Administrative Code. If you have questions your response or best course of action, you may wish to seek competent legal counsel. niaheig fa oe + . ; saps . aA STG fh Failure to make an election, as described below, within the 21 days of your recuipt of thy SIGS VE Administrative Complaint packet waives your right to a hearing in this matter, and the Depaitniant > under Florida law (Chapter 120, Florida Statutes) are as follows: 1 F 1. You may elect to dispute the violations alleged in the Complaint and requ disputed facts before an Administrative Law Judge, which is an administrative tial, You and the Department will be given an opportunity to present evidence and witnesses to prove or disprove the facts alleged and, after the hearing, submit a written proposed recommended order for the Judge’s consideration. Based on the evidence and testimony presented and any proposed recommended orders submitted by the parties, the Judge will issue a Recommended ; Order to the Department containing Findings of Fact, Conclusions of Law, and Recommended - Penalty, if any. The parties may submit exceptions to the Recommended Orde: | olowiy review of the Recommended Order and exceptions, if any, the Department may issue a tinal Order. an : ; : 2. You may elect-to not dispute the violations alleged in the Complaint and request thal a hearing be held to present testimony or documents you wish the Department to consider in mitigation of the alleged violations prior to disposition of this case. Any penalty levied will be included in a Final Order. If a dispute of material fact arises, the hearing will be terminated and the case referred for administrative trial as described in Paragraph 1 above. ; 3. You may seek to resolve this matter through a negotiated settlement with the Departinent’s Settlement Officer as instructed in the cover letter accompanying this packet. Upon final approval by the Department; the settlement will be incorporated into a Final Order resolving the case. Participating in settlement discussions does not preserve your right to a hearing. Failure to make an election within 21 days, as described in paragraphs 1 and 2 abuve, will waive your right to a hearing. en ee 4. You thay waive hearing in this matter, and the Department will proceed with resalution and. | ‘possible penalty at its discretion. <<. SOROS ee fol eas APES en Ty eae An Election of Rights form is included with this Administrative Complaint packet. You must respond to the Administrative Complaint by electing one of the options on the Election of Rights form and the Department must receive it within 21 days of your receipt of this Administrative Complaint packet. The Division will then determine whether a dispute of material fact exists, and schedule the appropriate ; hearing. Notice of the date, time, and place of hearing will be sent to you at the address designated by you on your Election of Rights. ; ; Pursuant to Chapter 120.573, Florida Statutes, please be advised that mediation is nol available for resolution of this action. : Revised 3/29/2000 ta hearing onthe ° >

Docket for Case No: 01-001827