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).
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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.
|