- STATE OF FLORIDA . O oy, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ““%“~/ DIVISION OF HOTELS AND RESTAURANTS ae DEPARTMENT OF BUSINESS AND Lp. Ye: PROFESSIONAL REGULATION, < Oe Petitioner, ‘ . ATS vs. : ; tgs: OT 15 INC License No. 23-25470-H 0 / _ 19 -4900 NW 2 CT APTS Case No. 1-00-339 Respondent. : . oe wwe /- . ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: OT 15 INC, (‘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, 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 1900 NW 2 CT, MIAMI, FL 33136.The last known mailing address is OT 15 INC, 1023 NW 3 AVE, MIAMI, FL 33136. : . 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. oe 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 Tefusal 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 October 14, 2000 By delegatior of Suan 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: | HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this : day of. . , 2000. 4 Received by: Inspector's Signature Operator's Signature : Title Title © Case No: 1-00-339 , Revised 10/01/2000 License No: 23-25470-H . Business Name: 1900 NW 2 CT APTS License #: 23-25470-H Case #: 01-00-000 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 July 31, 2000, August 23, 2000 and September 21, 2000, 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 A NFPA 10, 1-5.1 , NEPA 10, 3-5 NFPA 10, 3-1.4 2. *06-4 614C-1.004(10) FAC 3. *42-2 61C-1.004(6) FAC 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 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. OBSERVED NO 2A10BC FIRE EXTINGUISHERS THROUGHOUT PREMISES. . . Exits shalt be clearly marked with approved illuminated exit signs. OBSERVED FOUR EXIT SIGNS MISSING ON THE SECOND AND THIRD FLOORS. All building structural components, attachments and fixtures shall be kept in good repair. . OBSERVED THIRD FLOOR RAILING LOOSE AND DETACHED FROM CONCRETE BASE. Exhibit A Page 1 of 2 License #: 23-25470-H Case #: 01-00-000 4. *38-2 509.241(1) FS 509.241(2) FS 61C-1.002(6) FAC LICENSES; ANNUAL RENEWALS.—Each public lodging establishment ... shall obtain a license from the division ;.. ... Such licenses may not be transferred from one place or ~ indivisual to another... Licenses shalt 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. 718.103, 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 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 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 RESTAURANT FOR FISCAL YEAR 99/00. ' TOTAL AMOUNT DUE FOR LICENSEE AND APPLICATION FEES = $171. 00. Exhibit A Page 2 of 2 ase

Docket for Case No: 01-001909