x STATE OF FLORIDA rae nnn eae DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONC? Of Administrative Hearings DIVISION OF HOTELS AND RESTAURANTS ’ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, j ws. Ol-1QIZ at a NEW ARENA SQ NO. & SO. LTD. License No. 23-09014-H F NEW ARENA SQUARE NO. & SO. Case No. 1-00-399 Time : : Respondent. Date ~ . - ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: NEW ARENA SQ NO. & SO. LTD., (‘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 the Division of Hotels and Restaurants. The respondent's last known business address is 2101 NW 3 AVE, MIAMI, FL 33127.The last known mailing address is NEW ARENA SQ NO. & SO. LTD., 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. . : ' 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 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. ; if L 77 Signed December 12, 2000 Shannie Kallas, Disfrigt Administrator By delegation usar R. McKinley, Director Division of Fétels & 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:. I HEREBY CERTIFY that a true and correct copy of the foregoing ORDER has been hand served by me on this ” day of____ ' , 2000. Received by: - Inspector's Signature ; Operator's Signature Title : Title Case No: 1-00-399 . Revised 10/01/2000 License No: 23-09014-H Business Name: NEW ARENA SQUARE NO. & SO, ve | License #: 23-09014-H Case # 01-00-399 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 September 27, 2000 and October 27, 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: o 2h 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 shail 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. 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 EXTINGUISHERS INSTALLED ON ESTABLISHMENT. (MUST BE 2A10BC FIRE EXTINGUISHERS AND SERVICED ON A YEARLY BASIS). 2. 13-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall "be kept in good repair, clean and free of obstructions. (a)’ | OBSERVED FRONT DOOR ASSEMBLY OF APARTMENT #3 IN DISREPAIR. (b) OBSERVED EXCESS WATER DAMAGE TO KITCHEN WALL BY WINDOW, SINK, AND IN BEDROOM BETWEEN WINDOW ~ INSIDE APARTMENT #13, BUILDING #21.1. : : 3. *24-1 §09.221(7) FS 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 all 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. OBSERVE THE PRESENCE OF RATS IN APARTMENT #13, BUILDING #2101. - Exhibit A Page 1 of 1

Docket for Case No: 01-001912