Elawyers Elawyers
Washington| Change

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NEW ARENA SQUARE NORTH AND SOUTH LTD., D/B/A NEW ARENA SQUARE NORTH AND SOUTH, LTD., 01-001910 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001910 Visitors: 7
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NEW ARENA SQUARE NORTH AND SOUTH LTD., D/B/A NEW ARENA SQUARE NORTH AND SOUTH, LTD.
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: May 16, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 2, 2002.

Latest Update: Jun. 02, 2024
AWVISION: Of Adtiinistrative Hearings: STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. : . : License No, 23-02192-H NEW ARENA SQUARE NO. & SO. Case No. 1-00-367 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: NEV R SQUARE NO, & SO., 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 1217 NW 2 AVE, MIAMI, FL. 33127.The last known mailing address is NEW ARENA SQ NO. & SO. LTD., 1217 NW 2 AVE, MIAMI, FL 33127. 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 i in an! Exhibit “BR, attached hereto and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order i 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 promulgated thereto. Signed November 07,2000 ss pw By delega gan 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 4940 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 onthis____ day of. , 2000. Received by: : Inspector’s Signature Operator's Signature Title a Title Case No: 1-00-367 ; Revised 10/01/2000 License No: 23-02192-H Business Name: NEW ARENA SQUARE NO. & SO. License #: 23-02192-H Case #: 01-00-367 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 Provisions”, Florida Administrative Code, and 61C-1 .004(5), Florida Administrative ‘Code. It i is alleged that on September 8, 2000 and October 13, 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 ~~ Fire Extinguisher installation -- Fire extinguishers shall be installed in accordance with NFPA 10, Standard for Portable Fire Extinguishers. : NFPA 10, 1-5.1 [Low] hazard ... locations ... include ...guest room areas of hotels/motels, etc. NFPA 10, 3-5 [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 shail 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 accordance with Tables 3-2.1 and_3-3.1. OBSERVED NO FIRE EXTINGUISHER PROVIDED FOR APARTMENT #1. Exhibit A Page 1 of 1

Docket for Case No: 01-001910
Issue Date Proceedings
Jul. 02, 2002 Order Closing File issued. CASE CLOSED.
Jul. 02, 2002 Stipulated Settlement and Consent Order filed by Petitioner.
Jun. 28, 2002 Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
May 29, 2002 Petitioner`s Exhibit List (filed via facsimile).
May 29, 2002 Petitioner`s Witness List (filed via facsimile).
May 20, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 4 and 5, 2002; 10:00 a.m.; Miami, FL).
May 16, 2002 Petitioner`s Motion in Opposition of Continuance (filed via facsimile).
May 16, 2002 Motion for Continuance or Rescheduling and for Consolidation of all Pending Compllaints (filed by Respondent via facsimile).
May 14, 2002 Petitioner`s Unilateral Pre-Hearing Stipulation (filed via facsimile).
Apr. 19, 2002 Order of Pre-hearing Instructions issued.
Apr. 19, 2002 Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
Apr. 01, 2002 Petitioner`s Response to Initial Order (filed via facsimile).
Mar. 22, 2002 Order Granting Motion to Re-Open Consolidated Files CASE REOPENED.
Mar. 22, 2002 Order Granting Motion for Consolidation Case Nos.: 02-001094, 02-001095, 02-001096 were added to the consolidated batch.
Dec. 04, 2001 Order Closing File issued. CASE CLOSED.
Dec. 04, 2001 Joint Motion to Relinquish Jurisdiction (filed via facsimile).
Nov. 30, 2001 Joint Motion for Continuance of Rescheduling (filed via facsimile).
Oct. 10, 2001 Order of Pre-hearing Instructions issued.
Oct. 10, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for December 14, 2001; 9:00 a.m.; Miami and Tallahassee, FL).
Oct. 05, 2001 Status Report (filed byPetitioner via facsimile).
Oct. 03, 2001 Motion for Continuance or Rescheduling and for Consolidation of All pending Complaints filed by Respondent.
Oct. 02, 2001 Case(s): 01-003769, 01-003770, 01-003771) was/were added to the consolidated batch.
Oct. 02, 2001 Order Granting Continuance issued (hearing cancelled, parties to advise status by 10/08/2001).
Oct. 01, 2001 Motion for Continuance or Rescheduling and for Consolidation of All Pending Complaints (filed by Respondent via facsimile).
Aug. 27, 2001 Order of Pre-hearing Instructions issued.
Aug. 27, 2001 Notice of Hearing issued (hearing set for October 11, 2001; 9:00 a.m.; Miami, FL).
Aug. 14, 2001 Status Report and Request for Hearing (filed by Petitioner via facsimile).
Aug. 02, 2001 Order Granting Continuance issued (parties to advise status by August 9, 2001).
Aug. 01, 2001 Joint Motion for Continuance (filed via facsimile).
Jul. 25, 2001 Notice of Appearance (filed by Armando J. Bucelo, Jr. via facsimile).
Jul. 24, 2001 Notice of Ex Parte Communication issued.
Jul. 23, 2001 Letter to Judge Lerner from S. Yuken regarding Notice of Hearing August 13, 2001 filed.
May 29, 2001 Order Cases: 01-001909, 01-001910, 01-001911, 01-001912) were added to the consolidated batch.
May 22, 2001 (Joint) Response to Initial Order and Motion to Consolidate (with Case No. 00-2446) filed via facsimile.
May 17, 2001 Initial Order issued.
May 16, 2001 Notice of Appearance (filed by G. Hoge).
May 16, 2001 Motion to Consolidation (of case nos. 00-2446,00-2447,00-2448,00-2449,00-2450 and 00-2451) filed.
May 16, 2001 Request for Evidential Hearing filed.
May 16, 2001 Administrative Complaint filed.
May 16, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer