LEBSTRL STATE OF FLORIDA po | 5 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION L. Bn DIVISION OF HOTELS AND RESTAURANTS CoMay i. DEPARTMENT OF BUSINESS AND 1S PM J: Ik PROFESSIONAL REGULATION, 7 Petitioner, rarie F vs. TIVE License No. 15-01032-H DAYS INN OF MELBOURNE Case No. 4-01-194 Respondent. / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ("Petitioner’), files this Administrative Complaint against: DAYS INN OF MELBOURNE, ("Respondent"), and says: athe, 1. Petitioner is the state agency charged with regulating the operatioh of public fodging 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 4455 W. NEW HAVEN AVENUE, MELBOURNE, FL 32904. The last known mailing address is YORK INN OF MELBOURNE, INC., 4455 W. NEW HAVEN AVENUE, MELBOURNE, FL 32904. 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, tevocation, 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 June 14, 2001 Kendall Burkett, District Administrator By delegation of Susan 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 on this day of. : __, 200%. Received by: Inspector's Signature Operator's Signature ee nanan Title Title Case No: 4-01-194 Revised 5/25/2001 License No: 15-01032-H Business Name: DAYS INN OF MELBOURNE License #: 1 §-01032H Case #: 04-01- ied Exhibit A . - I! ~ FE Y “EC” as cited herein references specific provisions of the 1999 Food Code, Recormmeataksteg th United States Public Health Service, Food and Drug Administration, incorporated by Chapter 610, PMida tk Administrative Code. “NEPA” as cited herein references specific provisions of the National Fite tection Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevention Be F iF Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “/F. re Itis alleged that on May 22 and June 7, 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, 19-5 §-205.15 FC System Maintained in Good Repair.* A PLUMBING SYSTEM shall be (A) Repaired according to LAW; and (B) Maintained in good repair.® THE PUBLIC MEN’S RESTROOM TOILET SPRAYED WATER AND LEAKED WHEN IT WAS FLUSHED. 2. 36-1 509.2015 FS Telephone surcharges by public lodging establishments.-- (1) A public lodging establishment which imposes 4 surcharge for any telephone call must post notice of such surcharge in a conspicuous place located by each telephone from which a call which is subject to a surcharge may originate. Such notice must be plainly visible and printed on a sign that is not tess than 3 inches by 5 inches in size, and such notice shall clearly state if the surcharge applies whether or not the telephone call has been attempted or completed. (2) The division may, pursuant to s. 509.261, suspend or revoke the license of, or impose a fine against, any public lodging establishment that violates subsection (1). PHONE CARDS WERE NOT POSTED BY THE PHONE (OR ANYWHERE ELSE JN THE ROOM) IN ROOMS 146 AND 312. THESE ROOMS WERE SHOWN AS READY TO REN'E. Exhibit A Page 1 of 1

Docket for Case No: 02-001984