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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS, 02-001096 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001096 Visitors: 5
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS
Judges: STUART M. LERNER
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Mar. 18, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 2, 2002.

Latest Update: Jan. 10, 2025
an DA~/049 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION., . DIVISION OF HOTELS AND RESTAURANTS if DEPARTMENT OF BUSINESS AND 02 Kap . PROFESSIONAL REGULATION, wh 1B Py Petitioner, wt [4 vs. NEW ARENA SQUARE NORTH AND SOUTH License No. 23-27900-H APARTMENTS Case No. 1-02-19 Respondent. ! ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS, (“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 301 NORTHWEST 22 STREET, MIAMI, FL 33127.The last known mailing address is YUKEN SOLOMON, 4023 NORTHWEST 3 AVENUE, 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. Signed January 23, 2002 pote ¢ > an oor Shannie Kallas, District Administrator By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Gail Scott-Hill, 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 , 2002. Received by: Inspector's Signature Operator's Signature ee Title Title Case No: 1-02-19 Revised 1/1/2002 License No: 23-27900-H Business Name: NEW ARENA SQUARE NORTH AND SOUTH APARTMENTS License #: 23-27900-H ° Case #: 01-02-019 Exhibit A “FC" as cited herein references specific provisions of the 1999 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. Itis alleged that on December 28, 2001, 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. *01-9 NFPA 10, 1-6.2 Portable extinguishers shall be maintained in a fully charged and operable condition and kept in their designated places at all times when they are not being used. OBSERVED NON-CHARGED, NON-TAGGED 1A10BC TYPE. FIRE EXTINGUSHER INSTALLED BY APARTMENT #107. 2. *06-1 61C-1.004(6) FAC All building structural components, attachments and fixtures shall be kept . . . free of obstructions. (a) OBSERVED EXIT SIGN BY APARTMENT #307 IN DISREPAIR. (b) OBSERVED EXIT LIGHT BY APARTMENT #317 IN DISREPAIR. Exhibit A Page 1 of 1

Docket for Case No: 02-001096
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.
Mar. 20, 2002 Initial Order issued.
Mar. 18, 2002 Administrative Complaint filed.
Mar. 18, 2002 Agency referral filed.
Mar. 18, 2002 Petitioner`s Motion to Re-Open Consolidated Files filed.
Mar. 18, 2002 Motion for Consolidation (of case nos. 00-2446, 00-2447, 00-2448, 00-2449, 00-2450, 01-1910, 01-1911, 00-2451, 01-1909, 02-1096, 02-1095, 02-1094) filed by Petitioner.
Source:  Florida - Division of Administrative Hearings

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