Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: DAYS INN OF MELBOURNE
Judges: DANIEL M. KILBRIDE
Agency: Department of Business and Professional Regulation
Locations: Viera, Florida
Filed: Sep. 17, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 3, 2003.
Latest Update: Oct. 05, 2024
STATE OF FLORIDA c | | mare
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION / ! fh, Ec Nn
DIVISION OF HOTELS AND RESTAURANTS “
02
DEPARTMENT OF BUSINESS AND MAY Is PH I: th
PROFESSIONAL REGULATION, ; aly
Petitioner, # Ese see OF
vs. Hea piaral VE
License No. 15-01032+H BGS
DAYS INN OF MELBOURNE Case No. 4-01-194
Respondent. -
i
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: eet,
1. Petitioner is the state agency charged with regulating the operation of public todging 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, 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 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
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, : 2001,
Received by:
Inspector's Signature Operator's Signature
Title Title
Case-No: 4-01-194 Revised 6/25/2001
License No: 15-01032-H Business Name: DAYS INN OF MELBOURNE
License #: 15-01032H
Case #; 04-01- 194
Exhibit A ; F i I FE n
“FC" as cited herein references specific provisions of the 1999 Food Code, Recormetedlatak
United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Mids 1k
Administrative Code. "NFPA" as cited herein references specific provisions of the National Aime: gtection
Association Life Safety Code, incorporated by reference at Chapter 4A-3, “Fire Prevertate Beet) GF
Provisions”, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. AP An All YE
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 5-205.15 FC System Maintained in Good Repair.*
A PLUMBING SYSTEM shall best?
(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 a surcharge for any
telephone cal! 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 less than 3 inches by $ inches in size, and
suck 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 IN THE ROOM) IN ROOMS 146 AND 312.
THESE ROOMS WERE SHOWN AS READY TO REN'S,
Exhibit A
Page 1 of 1
Docket for Case No: 02-003800
Issue Date |
Proceedings |
Jan. 06, 2003 |
Letter to G. Luebkemann from L. Sloan enclosing transcript and exhibits filed with the Division filed.
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Jan. 03, 2003 |
Order Closing File issued. CASE CLOSED.
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Dec. 31, 2002 |
Petitioner`s Voluntary Motion to Dismiss (filed via facsimile).
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Dec. 24, 2002 |
Transcript of Proceedings filed. |
Dec. 11, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
Dec. 04, 2002 |
Notice of Appearance and Witness and Exhibit List (filed by C. Flajole via facsimile).
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Nov. 19, 2002 |
Petitioner`s Exhibit List (filed via facsimile).
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Nov. 19, 2002 |
Petitioner`s Witness List (filed via facsimile).
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Oct. 09, 2002 |
Order of Pre-hearing Instructions issued.
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Oct. 09, 2002 |
Notice of Hearing issued (hearing set for December 11, 2002; 1:00 p.m.; Viera, FL).
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Oct. 08, 2002 |
Petitioner`s Response to Order Reopening Case (filed via facsimile).
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Oct. 01, 2002 |
Order Reopening Case issued. (motion to reopen case file is granted, DOAH case no. 02-1984 is reopened as DOAH case no. 02-3800)
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Sep. 17, 2002 |
Motion to Re-Open Case File (Previously Filed Under DOAH Case No. 02-1984 filed via facsimile).
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May 15, 2002 |
Administrative Complaint filed.
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May 15, 2002 |
Election of Rights filed.
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May 15, 2002 |
Agency referral filed.
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