Dec 19 2007 11:32 12/19/2687 11:28 8584146749 DEPR OGA coset STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, vs. : COLONIAL POMPANO LLC Tania eae cs COLONIAL RESORT APARTMENTS ; "Case No. 2007051909 Respondent. / ADMINISTRATIVE GOMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against COLONIAL POMPANO LLC, COLONIAL RESORT APARTMENTS, ("Respondent’), and says: public food service establishments, pursuant to Section 20.165 and Chapter 509, Florida Statutes. Division of Hotels and Restaurants, The respandent's business address of record is 3226 NE 12 ST, POMPANO BEACH, FLORIDA 33062.The mailing address of record fs COLONIAL RESORT APARTMENTS, at 1323 SE 17 ST 632, FORT LAUDERDALE, FLORIDA 33316. of the provisions of Chapter 508, Florida Statutes, and / or tha rules promulgated thereto governing incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of tha following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's axpenge at an educational program sponsored by the Department's Hospitality Education Program, _ suspension, revocation, of tefusal of a license igsued pursuant to thls Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the ruleg promulgat Signed September 18, 2007 | Ken Buck, District Manager By delegation af the Director, or designee Division of Hotels & Restaurants Department of Business & Professianal Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnieliff, 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: hand served by me an this day of Recaived by: Inspector's Signature Operator's Signature Title Title Gase Number: 2007051908 File Number: 19 ., District Number: 02 . Form revised 07.07.07 License Number; 9900000 2052 COLONIAL POMPANG LLG 4. Petitioner is the state agency charged with regulating the operation of public ledging establishments and 2. Respondent is, and has been at all times material hereto, licanged by of subject to the Jurisdiction of the operation of the establishment. Tha vielation(s) found and applicable law are described in Exhibit "A," attached hereto and Incorporated heréin by reference. Inspection documents are attached as Exhibit "B", —_——__ THEREBY CERTIFY that a true and correct capy of the foregoing ADMINISTRATIVE COMPLAINT has been , 2007. PAGE 3. Inspection of this establishment conducted pursuant to Sec, 509.032, Florida Statutes, revealed violations 63/65 Dec 19 2007 11:32 12/19/28e7 11:28 8584146749 DEPR OGA PAGE @4/@5 Exhibit A License Number: NO LIC License Type: 2052 NON-LICENSED LODGING Case Number: 2007051909 “FC” gs 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 Administratlve Code, and 61C-1.004(5}, Florida Administrative Code. . " denotes a critical Violation. Itis alleged that on June 6, 2007, September 10, 2007 the licensee was In violatian of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), in the follawing particulars. Copy(s) of the report(s) for the above referenced Inspection(s) are attached hereto and Incorporated by reference as Exhibit B. ' 4.19-01 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 TORN SOFFIT SGREEN.... EAST SIDE OF BUILDING, 2.1905 5-402.11FC | BACKFLOW PREVENTION. (4) EXCEPT AS SPECIFIED IN PARAGRAPH (B) AND (C} OF THIS SECTION, A DIRECT CONNECTION MAY NOT EXIST BETWEEN THE SEWAGE SYSTEM AND A DRAIN ORIGINATING FROM EQUIPMENT IN WHICH FOOD, PORTABLE EQUIPMENT, OR UTENSILS ARE PLACED. (B) IF ALLOWED BY LAW A WAREWASHING MACHINE MAY HAVE A DIRECT CONNECTION BETWEEN ITS WASTE OUTLET AND A FLOOR DRAIN WHEN THE MACHINE IS LOCATED WITHIN 1.5M (8 FEET) OF A TRAPPED FLOOR DRAIN AND THE MACHINE OUTLET IS . CONNECTED TO THE INLET SIDE OF A PROPERLY VENTED FLOOR DRAIN TRAP, (C) IF ALLOWED BY LAW, A WAREWASHING OR CULINARY SINK MAY HAVE A DIRECT CONNECTION. OBSERVED A HOSE BIBB WITHOUT A BACK FLOW PREVENTER.... WEST SIDE OF BUILDING. 3.3802 809,241(1) AND(2)FS LICENSES; ANNUAL RENEWALS. EACH PUBLIC LODGING ESTABLISHMENT SHALL OBTAIN A LICENSE FROM THE DIVISION. SUCH LICENSES MAY NOT BE TRANSFERRED FROM ONE PLACE OR INDIVIDUAL TO ANOTHER. LICENSES SHALL BE RENEWED ANNUALLY. APPLICATION FOR LICENSE.- EACH PERSON WHO PLANS TO OPEN A PUBLIC LODGING ESTABLISHMENT ... SHALL APPLY FOR AND RECEIVE A LICENSE FROM THE DIVISION PRIOR TO THE COMMENCEMENT OF OPERATION. A CONDOMINIUM ASSOCIATION, AS DEFINED IN 8.718.103, WHICH DOES NOT OWN ANY UNITS CLASSIFIED AS RESORT CONDOMINIUMS UNDER S. 509.242(1)(C) SHALL NOT BE REQUIRED TO APPLY FOR OR RECEIVE A PUBLIC LODGING CSTABLISUMENT LICENSE. IT {S THE RESPONSIBILITY OF THE LICENSEE TO RENEW THE LICENSE PRIOR TO THE EXPIRATION DATE. ANY PUBLIC LODGING ESTABLISHMENT OPERATING ON AN EXPIRED LICENSE 1$ DEEMED TO BE OPERATING WITHOUT A LICENSE, AND SUBJECT TO THE PENALTIES PROVIDED FOR THIS OFFENSE IN LAW AND RULE. OBSERVED ESTABLISHMENT OPERATING WITHOUT A HOTEL AND RESTAURANT LICENSE... LICENSE FEES DUE: $82.50 + $50 (APPLICATION FEE) $132.50. Case Number: 2007061909 File Number: 419 . Distrlot Number: 02 Licanse Number 9g0000g 2052 Farm revised 07.07.07 COLONIAL POMPANO LLC

Docket for Case No: 07-005734