bs Pb pm we, € F haw ic i 5 STATE OF FLORIDA 5 ail DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Nov ~7 DIVISION OF HOTELS AND RESTAURANTS p PH Ip, {s IV] DEPARTMENT OF BUSINESS AND _ A SIGH ap PROFESSIONAL REGULATION A _ jOO OMNIS TR aah, Patitioner, IEARIN IVE ¥S. . Nag F AY A f License No. 6201094 HOLIDAY APARTMENTS License Type 2003 Apartment: Respondent. Case No. 2005039595 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against HOLIDAY APARTMENTS, (‘Respondent’), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times malerial hereto, licensed by or subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 311 S BETTY LN, CLEARWATER, FLORIDA 33755.The mailing address of record is HOLIDAY APARTMENTS, al 21 N EVERGREEN AVE, CLEARWATER, FLORIDA 33755. Inspection ef 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. Inspection documents are attached as Exhibit “B”, incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penatties: administralive fine not to exceed $1,000 per offense; mandatary 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 Grape and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated there’ Signed July 29,2005 -—~ ee N nee. € aeltr2 Joe Perez, fe Manager a By delegation of the Director, or designee Division of Hotels & Restaurants Departmeni of Business & Professional Regulation ww COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee. Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: | HEREBY CERTIFY that a true and correct ¢ BY, of the fe oresoing ADMINISTRATIVE COMPLAINT has been hand se by me on this_2-2- day of , 2005. y a day -~y ke in AK Received by: Inspector's Siena 6 OPPS el Title Title GO5935595 Ferm revised 07.01 05 District Number: 03 HOLIDAY APARTMENTS Cese Number: License Type: License Mur: License Number: 6201091 License Type: 2003 APARTMENT Case Number: 2005036595 Exhibit A “FC" as cited hersin references specific provisions of the 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 44-3, “Fire Prevention, General Provisions”, Florida Administrative Code, and 67C-1.004(5), Florida Administrative Code. It is alleged that on June 8. 2005 and July 11, 2005 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. Copy(s) of the report(s) for the above referenced inspection(s) are atlached herelo and incorporated by reference as Exhibit B. * 4.04-11 NFPA 72,7-4.1 FIRE ALARM SYSTEM EQUIPMENT SHALL BE MAINTAINED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS. THE FREQUENCY OF MAINTENANCE SHALL DEPEND ON THE TYPE OF EQUIPMENT AND THE LOCAL AMBIENT CONDITIONS. OBSERVED COMPONENTS(S) OF THE FIRE ALARM SYSTEM DAMAGED, PULL STATION BY UNIT 29 AND 46 MISSING SAFETY PIN. . * 2, 04-43 NFPA72, 7-5.2.2 A PERMANENT RECORD OF ALL INSPECTIONS, TESTING, AND MAINTENANCE SHALL BE PROVIDED THAT INCLUDES THE FOLLOWING INFORMATION OF PERIODIC: TESTS AND ALL APPLICABLE INFORMATION REQUESTED IN FIGURE 7-5.2.2. (a) DATE; (b) TEST FREQUENCY; (c) NAME OF PROPERTY; (d) ADDRESS; (2) NAME OF PERSON PERFORMING INSPECTION, MAINTENANCE, TESTS, OR COMBINATION THEREOF, AND AFFILIATION, BUSINESS ADDRESS, AND TELEPHONE NUMBER; (f} NAME, ADDRESS, AND REPRESENTATIVE OF APPROVING AGENCY(IES); (g) DESIGNATION OF THE DETECTOR(S) TESTED; (h) FUNCTIONAL TEST OF DETECTORS; (i) FUNCTIONAL TEST OF REQUIRED SEQUENCE OF OPERATIONS, (j) CHECK OF ALL SMOKE DETECTORS; (k) LOOP RESISTANCE FOR ALL FIXED-TEMPERATURE LINE-TYPE HEAT DETECTORS; (l) OTHER TESTS AS REQUIRED BY EQUIPMENT MANUFACTURERS; (m) OTHER TESTS AS REQUIRED BY THE AUTHORITY HAVING JURISDICTION; (n) SIGNATURES OF TESTER AND APPROVED AUTHORITY REPRESENTATIVE; (0) DISPOSITION OF PROBLEMS IDENTIFIED DURING TESTING (E.G. OWNER NOTIFIED, PROBLEM, CORRECTED/SUCCESSFULLY RETESTED, DEVICE ABANDONED IN PLACE). NO INSPECTION REPORT AVAILABLE FOR THE FIRE ALARM SYSTEM. 3.13-01 61C-1.004(6)FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS. OBSERVED A BROKEN WINDOW. (UNIT 35) OBSERVED TORN AND MISSING WINDOW SCREENS BY UNIT 33. 4.25-01 61C-3.001(7)FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED OBSERVED TRASH/DEBRIS ON THE GROUND, - denotes critical violation Exhibit A Case Number: 2005039595 . Page 1 License Type 2003 APARTMENT License Number: 6201091 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIGNAL REGUL&T DIVISION OF HOTELS AND RESTAURANTS EXHIBIT B LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result In AoE 948-05 9:07.05 AM! outing Mee myforids.com/dbpr LODGING INSPECTION REPORT 05 Noy ~7 Pi | of revocation A Is Bense aad fnes. hiahN) fa APT inspection Reason TAARKING: HOLIDAY SETS. Imust ae cotecter ty: Miatations an ihe operation of your estadishment HEAR ATIVE: ! ' J Ares Code/Telephane tlumber inspection Fesu't 07/03/2005 DBG0 AK Susiness Name Number of Units Callback Date/Time 31S BETTYLN License Expiration CLEARWATER FL 33758 Address / City ’ State / Zins etc. trem 01: Fire Extinguishers ham 03: Sprinklers and Standpipe hem 04; Aiorm Systems hem 13: Batcony Cerulication Ice Fun Exingusnes, ; I "| | | | NOTE: ltams marked above with an asterisk (°) indicate a violatlan Inspector's Comments Please call the inspector 815-748-9786 pon receipl af this warining, you shall comply with all violations within 30 days. | acknavdedge receipt of this Inspection form and comments. ean Cte Inable to verify business name.Update owner information and correct contact phone numbers al 850-487-1395. Gi8/05 De Signature of Recipient Inspector Signature Reripient: LL. Wesner Far funher infasmation please contact. Titles Manager ue St. Sin #620 Tx vate nnd Phone: 727-422-334 at ‘_sTaTus__| . SAFETY |_sTaTus SAFETY hes “01 Fire extinguisher/standpipe systems [ves [12 Balcony, railing safety: maintained |-o3 Fire Hazards iNo 13 Building repair ‘02 Sprinkler system LYes "14 Proper locking devices (04 Smoke detectors, fire alarm systems: | STATUS SANITATION Yes jas Smoke detectors, hearing impaired ives {is Bathrooms; public; quest; supplies fes “06 Exits; obstructions, exit signs, emergency tights tres 16 Waler source sate; hovcold provided ves it ectical Deficiencies 17 Bedding: bed linens towels ves | 8 Boiler, boiler room 18 Househotd furnishings Yes ‘09 Lighting: public, quest rooms 4s Plumbing Nas [10 Adequate healing 20 Ventilation Yes pu Appliances propatty installed, maintained Veoy ‘Toxics; storage, use & cohical wolations, hems marked YES A Mot Apphegpte, sems Marit DBPR Fann HR E NO ate victations. Specific delails of vislation ate lisiza on é al hing Congunte”d athe ime of iispean erect? EXHIBIT B STATE OF FLORIDA Hagbigey Se Number BEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION! f é Re NAPE pan 1994 DIVISION OF HOTELS AND RESTAURANTS ays ro brenda www. mytlorida com/dbpr 05 Noy HCLIORY | SPTS LODGING INSPECTION REPORT ink ini FER. LEGAL NOTICE Ba Failure to comply with this Notlce may intiate an administrative complaint that may result in si pS license and fines. STATUS _| . SANITATION | _srarus | commie s bf Hone ! [22 Ice protection lYes 154 Licensee: criminal candukl IGS i t 23 Glassware; tableware; ulensils sanitized bres 145 Florida Clean Indoor Air 4 ! i-24 Vermin control [Yes {86 Tslephone surcharges posted 25 Premises maintained iYes ‘37 Guest Reaister 126 Garbage and refuse disposal i_ status | GENERAL i [27 Sevage and waste waier disposal ives £38 Current license, displayed, available upon fequest 1 | CONSUMER PROTECTION iYes 199 Housekeeping ! "28 Advenisement hres 130 Other conditions, sale. sanitary | 23 Guest propery: liability, notified {ves i444 Pasting Operator service information 30 Ream rate schedule Yes 12 Blocking operator access i 33 Room sates posted Yes 443 Copy of Ch. 509, FS: available j 22 Security depasit STATUS | INFORMATION “33 Unethicat business practice, overbocking [yes a Hospitality Education Program Information provides ‘VJiokguons mara fn asteansk are critical violalions, ums marked YES are in ceanpvanee. I Hems, Maveed RO ure violations. Speci it creas Qt viotalion are listed on subsequent pages. ‘Warning(s): 04-71 - Observed component(s) af the fire alarm system damaged, pull station by unit 29 and 46 missing safaty pin, 04-13 - Observed no inspection report available for the {ire slarm system 19-01 - Goserved a tarn and missing window screens by unit 33. ww Unil 35. 13-01 - Gbserved a broken wind (1 + Cibserved broken window. Unit 26. “01 - Observed tash/debris on the ground. 25.02 - Observed discarded constuction or maintenunce raiuse on the premises. Located by parking lol. Voaden shelves. reofing cement, PVC piping 2- Chserved a discarded mattress oulside the bustding. ext to dumpster. 25-02 - Gbserved discarded apphance(s) stored outside the building. Oven and chair by unit 42. 2 - Goservect discarded appliances) stored outside tha buliding. TV set.chaircarpel next dumpster sort side of bullding. STATE OF FLORIDA DIVISION OF HOTELS AND RESTAURANTS RB ry varw.myflorida.com/dbar aay Ed CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result in supe ee Slaw Off license and fnes. pes 105 12:57:09 PM Warning Wage i] [Ras ——NAPT Callback Inspection Date and Time inspection Reeson Licetbe Mt > IVE BARANEK ELZBIETA JADMINISTRATIVE COMPLAINT | Zezaei2527_ Owner dame ‘recommended, ' Area Code/Telephone Number HOLIDAY APTS | Business Name inspection Resuit qe 06/08/2005 Numbar of Units Requested Callback Date/Time Initial Warning Gate 311.S BETTY Ly CLEARWATER FL 33755, Address / City / State / Zip / ete, Comments jailed Callback Inspection Report. the fallovang item(s} have been recommended for Administrative Complaint: Piolation: 04-14 * Disarved components} of the tie alarm sysiem Gamaged, pull station by unit 29 dnd 46 missing safety pin, Violation: 04-14 1 }olation: 13-01 afveo N9 inspection repan gvailable for the fire alarm system, a yy V05 Date Signature al Recipent “inspector Signature Recipient: For further information please contact: Title R. Bostater Sanitation and Safety Specialist 3725 W Grace St Phone. #520 Tampa, Fl. 33607 850-487-1395 PEPE Fou ME £620.095 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONS.” F BHI BIT B Fa dh Po Page 2E7V LIE STATE OF FLORIDA Fan nis2 Nuraber Carl DEPARTMENT OF BUSINESS AND PROFESSIONAL apeud: defionte Oe? HAP SINOST DIVISION OF HOTELS AND RESTAURANTS re fen £JSgusiness Mame we. myfionda.cam/dbpr 05 Noy HOLIDEY AP CALLBACK INSPECTION REPORT ~ 7 PH I? “LEGAL HOTICE BI VI Slo Failure to comply with this Notice may inkiate en administrative complaint that may oA Dhiseaieer tpt an af your iicense and inas. HENRIRGS ved a by Swaindow. Umit 35, Moh! W363? Ddserved a tant atid missing window screans By ur otal Pp red Wasrideors en the ground, rent compliance: tne (ouevang te Rintation: 13-61 Doselved 3 broken wingows,Unit 26. Wayienon: 26-02 beseves a discarena mattress cutsiee the dullding, test 19 dumpstet iolanan? 25-£2 Pbserved discarded appliance(s) stored outside the buitding. Oven and enalt by wnt 42. 2 distation: Abserved discarded eppliance(s) stored outside the building. TY set.chair.campel net dumpster norih side of building. [olation: 25-02 Dbseived discarded constuction or maintenance refuse on the premises. Located oy parking lol Wooden shelves, reofing cement, PVG pipny.

Docket for Case No: 05-004100