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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs HOUSE OF LOVE, 06-003293 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003293 Visitors: 16
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: HOUSE OF LOVE
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Sep. 01, 2006
Status: Closed
Recommended Order on Thursday, December 28, 2006.

Latest Update: Jan. 22, 2007
Summary: Whether Respondent committed the violations set forth in the Administrative Complaints and, if so, what penalty should be imposed.Despite numerous violations, Respondent made a good faith effort to correct deficiencies. Recommend a lesser penalty, probation, and attendance at a hospitality education class.
STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS 20h SEP -1 A Tl: DEPARTMENT OF BUSINESS AND war PROFESSIONAL REGULATION (9 - 4% > > OHA Siow O: Petitioner, Db HWHISTRATIVE vs. HE ARI RGS License No, 2705800 HOUSE OF LOVE dent License Type 2004 espondent. Case No, 2006019433 / ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, ('Petitioner’), files this Administrative Complaint against HOUSE OF LOVE, ("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 Section 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 business address of record is 7667 KIPLING ST, PENSACOLA, FLORIDA 32514.The mailing address of record Is HOUSE OF LOVE, at 5191 ZACHARY BLVD, PENSACOLA, FLORIDA 32526. 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. 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 penalties: administrative fine not to exceed $1,000 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 April 10, 2006 C Z, 7 . Ken Hensdill, District Manag By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT; Charles F. Tunnicliff, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 7160 3901 9848 5781 1655 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this, day of , 2006. Received by; Inspector's Signature Operator's Signature Title Title Case Number; 2006019433 Form revised 03.06,06 License Type: 2004 Reoming House District Number. 06 License Number: 2705800 HOUSE OF LOVE Tuy Exhibit A License Number: 2705800 License Type: 2004 ROOMING HOUSE Case Number: 2006019433 "EC’ as cited herein 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 4A-3, "Fire Prevention, General Provisions", Florida Administrative Code, and 61C-1.004(5), Florida Administrative Code. “** denotes a critical violation. It is alleged that on February 28, 2006 and March 29, 2006 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 attached hereto and incorporated by reference as Exhibit B, * 41.04-10 NFPA 10, 4-4.1 FIRE EXTINGUISHERS SHALL BE SUBJECTED TO MAINTENANCE NOT MORE THAN ONE YEAR APART OBSERVED EXPIRED FIRE EXTINGUISHER TAGS. FIRE EXTINGUISHERS LAST INSPECTED 10/04. * 2.10-01 61C-1004(12)FAC EACH ESTABLISHMENT LICENSED UNDER THIS CHAPTER SHALL BE ’ PROPERLY HEATED, COOLED AND SHALL BE OPERATED WITH STRICT REGARD TO THE HEALTH, COMFORT, AND SAFETY OF THE GUESTS OBSERVED NO MEANS OF HEAT PROVIDED. CENTRAL AIRIMEATER WAS INOPERABLE AT TIME OF INSPECTION AND CALLBACK. AMBIENT TEMPERATURE 75 DEGREES FAHRENHEIT. TWO ROOMS HAD SMALL SPACE HEATERS AND TWO SPACE HEATERS IN STORAGE ROOM. Case Number; 2008019433 . Form revised 03.06.06 License Type: 2004 Rooming House District Number: 08 Lleense Number: 2705800 HOUSE OF LOVE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr Lopams INEFECTION REPORT 200) SEP -) a Ie py Fallure to comply with this Notice may iniHate an adminietrative complaint that may result In suspension or ravocation of your license and fines. 2/28/06 1:37:45 PM. Routine : 2705800 at \NRMH) i ! or Inspection Date and Time Inspection Reason : License Number AD} uP MUNIST B AI \ FINKLEY FANNIE . WARNING: HEARIN ly VE Owner Name Violations in the operation of your establishment 8504754142 HOUSE OF LOVE must be corrected by: Area Code/Telaphone Number Business Name Inspection Result 15 oageeooon0aM SNOB Number of Units Callback Date/Time License Expiration 7667 KIPLING ST PENSACOLA FL 32514 Address / City / Stata / Zip / etc. Stem 01; Fire Extinguishers Nem 03: Sprinklers and Standpipe tem 04: Alarm Systems | item 12: Balcony Certification Certification Date; 4/05 Certification Data: 8/05 NOTE: Items marked above with an asterisk (*) Indicate a violation Inspectors Comments. alled Info into K Hensdill and he wanted a 30 day callback, Provided Web Sita: www.myflorida.com/dbpr J acknowledge receipt of this Inspection form and comments, Mew aban LEA OW 2/28/06 ; Date Signature of Reciplant Inspector Signature Reciplent: Hartlsan Anderson For further information please contact: Russell Crowey Tile Caregiver Sanitation and Safoly Speciatet 7946 Front Bac Road Panama : City Beach, F132407 Phone: 8504754142. B5407. 1398 [_srarus_| SAFETY STATUS. SAFETY No "04 Fire extinguisher/standplpe systems Yes 12 Balcony, ralling safety; malntained Yes "02 Fire Hazards Yes 13 Building repair yes “_|'03 Sprinkler system Yes "14 Proper locking devices Yes 04 Smoke detectors; fire alarm systams STATUS SANITATION Yes "05 Smoke detectors; hearing Impalred -[No 115 Bathrooms; public; quest; supplies Yes "05 Exits; obstructions, exit signs, emergency lights Yes 16 Water source safe; hot/cold provided +07 Electrical Defictencies Yes 17 Baciding: bed linens, towels *08 Boller, boller room Yes 18 Household furnishings ‘Yes *09 Lighting; public, guest rooms Yes 19 Plumbing No [0 Adequatsheating Yes 20 Ventitation Yas “11 Appliances properly installed; maintained Yes *21 Toxics; storage, use Violations markad with an asterisk are critical violations, items marked YES sre in compliance. ltams Markett NO are violations, Specific detalls of violation ara listed on subsequent pagas, {tems markad N/A are Not Applicable. lems Marked as N/O are Not Observed, and were not being conducted at the time of inspection, DBPR Form HR $022-014 LODGING INSPECTION REPORT LEGAL NOTICE . Fallure to comply with this Notice may Initlate an administrative complalnt that may result In suspension or ravocation of your licanse and fines. Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NRMH 2705800 DIVISION OF HOTELS AND RESTAURANTS Business Name www. myflorida.com/dbpr HOUSE OF LOVE Inspection Date 2728/06 1:37:45 PM status | SANITATION. STAN ONSUMER PROTECTIO Yes "22 Ie protection Yas 23 Glassware: tableware; utensils sanilizad Yes "24 Vermin contrat Yas 36 Telephone surcharge posted Yes 25 Premises maintained Yes 37 Guest Register [Yes 26 Garbage and refuse disposal STATUS | GENERAL Yes "a7 Sewage and waste water disposal Yes 38 Current license, displayed, avallable upon request CONSUMER PROTECTION Yes 39 Housekeeping Yes °28 Advertisement Yes 40 Other conditions, safa, sanitary * Yes 29 Guest property; Itability, notified Yes 141 Posting operator service information Yes 30 Room rate schedule Yes 42 Blocking operator access Yes 31 Room rates posted Yes 143 Copy of Ch, 509, FS: avallable 42 Security deposit STATUS INFORMATION Yes 144 Hospitality Education Program Information provided Violations marked with an asterisk ard critical viotations. Itams marked YES are In compliance, Items Marked NO are violations. Specific details of viotation are listed on subsequent pages, Items marked N/A are Not Applicable, ttems Marked as N/O are Not Observed, and were not being conducted at the time of Inspection, Warning(s): 01-10 - Observed an expired fire extinguisher tags. 10-01 - Observed no means of heat provided, Central Air/heater was Inoperable at time of Insp. Amblent temp 75 degrees,. 4 rooms had space healers, Manager sald someone was trying to fix, 15-07 - Observed a soilad tollet and floor around toliel. 15-07 - Observed a build up of soap scum on the shower enclosure, OBPR Form HR 5022-014 Page 1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS www. myflorida.com/dbpr CALLBACK INSPECTION REPORT - . = NSFECTION iO SEP) ATI: ty Fallure to comply with this Notlce may Initiate an administrative comptalnt that may result In suspension or revocation of your ligshbland(irids.() F 3/29/05 8:45:05 AM Warming NRM2705800__A PM NBMETO AT] YE Callback Inspection Date and Time Inspection Reason License Number HEARINGS FINKLEY FANNIE ADMINISTRATIVE COMPLAINT 850-475-4142 Owner Name recommended. Area Code/Telephone Number ~ HOUSE OF LOVE Business Name Inspection Result 14 02/28/2006 Number of Units Requested Callback Date/Time Inttal Warming Date 7667 KIPLING ST PENSACOLA FL 32514 Address / Clty / State / Zip / etc, Comments Violation: 01-10 lolation: 10-01 . following item(s) have been recommended for Administrative Complalnt: pbserved an expired fire extinguisher tags. Fire extinguishers last inspected 10/04, bserved no means of haat provided, Centrat Air/heater was inoperable at time of insp, Amblent temp 75 degrees.. 4 rooms had space heaters. Manager said someane was] rying to fix. CA: 2 rms had space heaters an found two heaters In storage. Central AC/Heat stil braka. . oe 3/29/06 ; Dale Signature of Recipient Inspector Signature Recipient: Fannie Finkley For further information please contact: Title Russell Crowley ' Owner Sanitation and Safety Speclalist 7946 Front Beac Phone: 8504754142 Road Panama City Beach, Fl 32407 OBPR Form HR 6022-005 850.487.1385 Fallure to comply with this Notice mi 1a fallawing item(s} ara in compliance: tation: 15-07 served a bulid up of soap scum on the shower jolation: 15-07 bsarved a soled (ollel and floor around toltet. be DBPR Form HR 8022-005 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NRMH NRM2705800 DIVISION OF HOTELS AND RESTAURANTS business Name www. myfionda.com/dbpr HOUSE OF LOVE CALLBACK INSPECTION REPORT Inspection Date LEGAL NOTICE 3/29/06 8:45:05 AM ay Initiate an administrative complaint that may result in suspension or revocation of your license and fines. enclosure,

Docket for Case No: 06-003293
Issue Date Proceedings
Jan. 22, 2007 Transmittal letter from Claudia Llado forwarding correspondence from F. Finkley to the agency.
Jan. 22, 2007 Letter to Judge Staros from F. Finkley regarding payment plan filed.
Jan. 18, 2007 Final Order filed.
Dec. 28, 2006 Recommended Order (hearing held November 14, 2006). CASE CLOSED.
Dec. 28, 2006 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 08, 2006 Petitioner`s Proposed Recommended Order filed.
Dec. 07, 2006 Letter to Judge Staros from F. Finkley requesting that the Judge rule in her favor filed.
Nov. 28, 2006 Notice of Filing Transcript.
Nov. 28, 2006 Video Teleconference Hearing Transcript filed.
Nov. 14, 2006 CASE STATUS: Hearing Held.
Oct. 24, 2006 Petitioner`s Exhibit List filed.
Oct. 24, 2006 Petitioner`s Witness List filed.
Oct. 06, 2006 Order of Consolidation (DOAH Case Nos. 06-3292, 06-3293, 06-3294, 06-3698 and 06-3699).
Oct. 04, 2006 Petitioner`s Motion to Consolidate filed in DOAH Case Nos. 06-3698 and 06-3699.
Sep. 22, 2006 Order of Pre-hearing Instructions.
Sep. 22, 2006 Notice of Hearing by Video Teleconference (hearing set for November 14, 2006; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
Sep. 01, 2006 Initial Order.
Sep. 01, 2006 Administrative Complaint filed.
Sep. 01, 2006 Election of Rights filed.
Sep. 01, 2006 Agency referral filed.

Orders for Case No: 06-003293
Issue Date Document Summary
Jan. 16, 2007 Agency Final Order
Dec. 28, 2006 Recommended Order Despite numerous violations, Respondent made a good faith effort to correct deficiencies. Recommend a lesser penalty, probation, and attendance at a hospitality education class.
Source:  Florida - Division of Administrative Hearings

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