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 70th SEP -) AT: 13
DEPARTMENT OF BUSINESS AND : DIVISION OF
PROFESSIONAL REGULATION lo - 4 DY VISION OF
j . ADMINISTRATIVE
Petitioner, 1
vs. HEAR HGS
License No. 2705800
HOUSE OF Love dent. License Type 2004
espon i Case No. 2006026351
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:
{. 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 May 15, 2006
Ken Hensdill, District Manager
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 Reguiation
1940 North Monroe Street
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE
BY CERTIFIED U.S, MAIL, ARTICLE NUMBER: 71603901 9848 5781 1464
(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; 2006026351 District Number; 06
Licanse Number: 2705800 2004 Form revised 03.06.06
HOUSE OF LOVE
Exhibit'A
License Number: 2705800
License Type: 2004 ROOMING HOUSE
Case Number: 2006026351
“FC” 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 March 29, 2006 and May 3, 2006 the IIcensee 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.
1.30-01 61C-3.002(1) FAC FILING - THE RATES TO BE CHARGED FOR EACH ROOM IN EVERY
PUBLIC LODGING ESTABLISHMENT SHALL BE FILED WITH THE DIVISION ON BPR FORM 7019, ROOM
RATE SCHEDULE, INCORPORATED HEREIN BY REFERENCE AND EFFECTIVE 1-17-03, WHICH FORM
SHALL BE PROVIDED BY THE DIVISION. COPIES OF THIS FORM MAY BE OBTAINED FROM ANY
DIVISION OFFICE. [EXEMPTION -- 61C-3.002(5) FAC: RESORT CONDOMINIUMS, RESORT DWELLINGS
AND NONTRANSIENT APARTMENTS ARE EXEMPT FROM SUBSECTIONS (1), (2), AND (3) OF THIS
RULE.]
OBSERVED NO ROOM RATE SCHEDULE FILED WITH DIVISION OF HOTELS AND RESTAURANTS.
2, 31-01 509.201(1)FS COPIES OF THE POSTED RATE SCHEDULES FOR ALL SIMILAR RENTAL
‘UNITS IN EACH ESTABLISHMENT SHALL BE FILED WITH THE DIVISION AT LEAST 5 DAYS BEFORE
SUCH RATES ARE TO BECOME EFFECTIVE AND SHALL BE KEPT CURRENT. [EXEMPTION --
509,201(4) FS: SUBSECTION (1) AND PARAGRAPHS (A), (B), AND (C) OF SUBSECTION (2) DO NOT
APPLY TO ANY FACILITY OR UNIT CLASSIFIED AS A RESORT CONDOMINIUM, NONTRANSIENT
APARTMENT, OR RESORT DWELLING AS DESCRIBED IN S. 509.242(1)(C), (D), AND (G)
OBSERVED NO ROOM RATES POSTED IN ROOMS/UNITS.
Case Number: 2008026351 Distrlet Number: 06
License Number: 2705800 2004 Form ravised 03.06.06
HOUSE OF LOVE
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS.
www.mnyficrida,com/dbpr
LODGING INSPECTION REPORT
LEGAL NOTICE INth SEP-4 A I [3
Fallure to comply with this Notice may Indate an administrative complaint that may result In suspension or revocation of your Ilcense and fines,
3/29/08 9:48:45 AM Routine a7ossoo LIIYISINN OS NRMH
Inspection Date and Time Inspection Reason . Licangd mabe! S TR All y E
FINKLEY FANNIE WARNING: i ADA
Owner Name Miotatlons In the operation of your establishment 850475414 EA R | i &S
HOUSE OF LOVE must be corrected by: Area Code/Telephone Number
Business Name Inspection Result
44 04/29/2006 08:00 AM 6/01/06
Number of Units ; Callback Date/Time License Expiration
7667 KIPLING ST PENSACOLA FL 32514
Address / Clty / State / Zip / atc.
ttem 01: Fire Extinguishers
{tem 03: Sprinklers and Standpipe
Certification Date: 4/05
Item 04: Alarm Systams
Cartlficatton Date; 8/06
(tem 12: Balcony Certification
NOTE: Items marked above with an asterisk (*) Indicate a violation
Inspector's Comments
Provided Web Site: www.myflorida.com/dbpr
| acknowledge receipt of this Inspection form and comments.
3/29/06 ;
Date Signature of Recipient Inspector Signature
Recipient: Fannie Finklay For further information please contact:
Rusooi! Crowley
Title Owner Sanitation and Safely Spectolst 7946 Front Baac Road Ponoma
: Gity Beach, F132407
Phone 8504754142 850.487.1305
@ systems
"12 Balcony, railing safety; maintained
13 Building rapatr
"14 Proper locking devices
SANITATION
15 Bathrooms; public; quest; supplles
"16 Water source safe; hocald provided
17 Bedding; bed Inens, towels
18 Household fumishings
"04 Smoke detectors; fire alarm systems
"05 Smoke detectors; hearing Impalred Yes
06 Exits; obstructions, exit signs, emergency Nights
07 Electrical Deficiencies
“08 Boller, boller room
709 Lighting; public, quest rooms __|Yes 9
“10 Adequate heating fe fa Ventilation
Yes
Yes 11 Appliances properly Installed; maintained ‘21 Toxics; storage, use
Violations marked with an asterisk pre crilical violations, Items marked YES are in compliance, lems Marked NO are violations, Specific details of violation are listed on
subsequent pages. Items marked N/A are Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted al the time of inspectian,
DBPR Form HR 8022-014
Page 2
STATE OF FLORIDA License Number
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH 2705800
a DIVISION OF HOTELS AND RESTAURANTS Business Name
wew.myflorida.com/dbpr HOUSE OF LOVE
LODGING INSPECTION REPORT ooo as er4B:45 AM
LEGAL NOTICE ~~
Fallure to comply with this Notice may initiate an administrative complaint that may resutt In suspension or revocation of your license and fines.
ONSUMER PROTECTION
"22 Ice protection
"23 Glassware; tableware: utenlls sanitized
"24 Vermin control
25 Premises matniained
26 Garbage and refuse disposal STATUS GENERAL
Yes t
35 Florida Claan Indoor Air Act
"28 Adveriisament Yes 40 Other conditions, safe, sanitary
29 Guest property; lability, notifled Yes 41 Posting operator service Information
No 30 Room rate schedule Yes 42 Blocking operator access
No 31 Room rales posted Yes 143 Copy of Ch. 509, FS: available
32 Security deposit
"33 Unathical business practice; overbooking
INFORMATION
tality Education Program Information provided
Yas
Violations marked with an asterisk are critical violations, Items masked YES are in compliance, !tems Marked NO are violations. Specific detalis of violation aro listed on
subsequent pages, lems marked N/A ure Not Applicable. Items Marked as N/O are Not Observed, and were not being conducted at the Ume of inspection.
Warning(s):
30-01 - Observed no room rate schedule filed with this Division. Provided blank room rata schedule form,
31-01 » Observed no rate posted In the room/unit,
DBPR Form HR 5022-014
EX
Fie
NOTICE TO
SHOW CAUSE
You will be issued a Notice to
WARNING OF
DIRECT NOTICE:
Failure ta bein compliance
CComptied [i{Hearing requested
CINot complied Out of business
L_] Pre- anernes
C]Pre-hearing with this notice at any Show Cause why sanctions
(_]On Stipulation . future inspection may should not be assessed against
(On Hearing Order DTime extended date: 1 ot result in a direct Notice to your ficense, -A Hearing will be
Doother: Shaw Cause. held at a time and place to be
designated by the director.
time;
OwnerName: Ef Fapnd E_ Business Name: I-/ Ouse © CE
Business Address: ii Business City:
0-0
RE A “S Senin wall ‘Ss SIGNATUR vO)
Sy coor Es pc BT. 95
oe form HA §022-005 Ravised 03 Fubruary 1898
RECIPIENT'S NAME (PLEASE PRINT) TITLE mee & NAME EASE PRINT) fp a3
POP ble. O ts ne f o [te
Docket for Case No: 06-003294
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: 06-003294
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.
|