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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs HOUSE OF LOVE, 06-003699 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003699 Visitors: 8
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. 28, 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 Vy, he hs "Sp “ey DEPARTMENT OF BUSINESS AND a) a “he PROFESSIONAL REGULATION Petitioner, vs. () Ao 7 License No. 2705800 lo ° HOUSE OF LOVE dent. License Type 2004 espon a . Case No, 2006037938 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. Respondentis, 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 rellef authorized by Chapter 509, Florida Statutes, or the rules Promulgated thereto. Signed July 12, 2006 I Ken Hensdill, District ke : 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 & Professiona! Regulation 1940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3901 9848 5781 1228 | 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: 2006037938 District Number: 06 License Number, 2705800 2004 Form revised 03.06.06 HOUSE OF LOVE Exhibit A License Number: 2705800 License Type: 2004 ROOMING HOUSE Case Number: 2006037938 “FC" as cited herein references specific provisions of the Foad 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, wen denotes a critical violation. tis alleged that on April 12, 2006 and May 15, 2006 the licensee was in-vialation 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. '* 1,03-03 NFPA 25, 2-1 THE MINIMUM REQUIREMENTS FOR THE ROUTINE INSPECTION, TESTING, AND MAINTENANCE FOR SPRINKLER SYSTEMS [IS FOUND] IN TABLE 2-4 OBSERVED SPRINKLER INSPECTION TAG HAS EXPIRED. LAST INSPECTED 4/11/05. Case Number, 2006037938 - District Number, 06 Licanse Number: 2705800 2004 Form revised 03.05.05 HOUSE OF LOVE STATE OF FLORIDA Page 1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION age DIVISION OF HOTELS AND RESTAURANTS EXH | B il B www. myflorida,com/dbpr LODGING INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate an administrative complaint that may result In suspension or revocation of your {icense and fines. 4/42/06 9:25:29 AM Routine 2705800 NRMH. Inspection Date and Tima Inspection Reason License Number FINKLEY FANNIE WARNING: Owner Name Violations in the oporation of your establishment 8504731265 HOUSE OF LOVE must be corrected by: Area Code/Telephona Number Business Name Inspection Result . 4 05/13/2008 08:00 AM 8/01/06 Number of Units Callback Date/Time ’ License Expiration 7667 KIPLING ST ‘ PENSACOLA FL 32514 Address / Clty / Stale / Zip / etc, Hem 04; Fire Extinguishers Item 03: Sprinklers and Standplpe _} Item 04; Alarm Systams {tem 12: Balcony Certification Certification Date: 8/05 NOTE: llams marked above wilh an asterisk (") indicate a Violation Inspector's Comments Provided Web Site: www.myflorida.com/dbpr t acknowledge tecelpt of thls inspection form and comments. d Me ae (Cn AON 4/12/06 Date . Signature of Reciplent , Inspector Signature Recipient Etta Millender For further Information please contact: Russall Crowkay Title Caregiver Sonltatlon and Safely Specialist 7946 Front Banc Rosd Panama . City Bauch, F192407 Phone: 8503848909 850.487.1395 "12 Balcony, railing safety: malntalned 13 Building repair "14 Proper locking devices SANITATION 115 Bathrooms; public; quest; supplies 16 Water source safe; hoVcold provided 17 Bedding; bed linens, towels Violations marked with an asterisk are crillca! violations. Itsms markad YES are In compliance, ltams Marked NO are violations. Specific details af violation are fisted on subsequent pagas. Items marked N/A are Not Applicable, items Marked as N/O are Not Observed, and were not being conducted at the time of Inspaction. DBPA Form HR 5022-014 Page 2 STATE OF FLORIDA License Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION TRMH 2705800 DIVISION OF HOTELS AND RESTAURANTS Business Name www. myllorida.com/dbpr HOUSE OF LOVE LODGING INSPECTION REPORT EO oe o28:28 aM LEGAL NOTICE ~~ Failure to comply with this Notice may Initiate an administrative complaint that may result in suspension or revocation of your license and fines. SANITATION STATUS [ CONSUMER PROTECTION [res | "22 Ice protection H "23 Glassware: tableware; utersiis sanltized "24 Vermin control 25 Premises maintained 26 Garbage and refuse disposal "27 Sewage and waste water disposal. 35 Florida Clean Indoor Air Act __{36 Telephone surcharge posted INFORMATION Hospitallty Education Program information provided Violations marked with an asterlak are critical violations, Items marked YES ara in compliance, lems Marked NO are violations, Specific details of violation are listed on subsequent pages. lems marked N/A are Not Applicable. llems Marked as N/O are Not Observed, and were nol belng conducted at the time of Inspection, Violation(s): 03-03 - Observed an explred fire sprinkler Inspection reportftag, Last Inspected 4/11/05. D&PR Form HR 5022-014 EXHIBIT B DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Division of Hotels and Restaurants aoa . CALL BACK/RE-INSPECTION REPORT page of_ WARNING OF DIRECT NOTICE: Failure to be in compliance with this notice at any future inspection may result in a direct Notice to Show Cause. NOTICE TO SHOW CAUSE You will be issued a Notice to Show Cause why sanctions should not be assessed against your license. A hearing will be hold ata time and place to be designated by the director, Warming Pre-conference CPre-hearing g Complied : belHearing requested [ANot complied Out of business (On Stipulation COn Hearing Order L}0ther: CoTime extended date: time: Owner Name: E Li Kf (aE ey FAs WE CE Business Name: Business Address: ] & {y 7 kK id / fi 4 = Ss 7 RECIPIENT'S NAME (PLEASE PRINT) =~ TITLE A 4. fe aa San se TNE | Gaaiemer ae [a ASTA DBPA Form HA 5022-005 a Ravisud 09 February 1998 OFFICE TELEPHQWE Y

Docket for Case No: 06-003699
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 (with DOAH Case Nos. 06-3698, 06-3292, 06-3293, and 06-3294) filed.
Oct. 04, 2006 Response to Initial Order filed.
Sep. 28, 2006 Administrative Complaint filed.
Sep. 28, 2006 Election of Rights filed.
Sep. 28, 2006 Agency referral filed.
Sep. 28, 2006 Initial Order.

Orders for Case No: 06-003699
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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