Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: ROSEMARY VILLAGE
Judges: ERROL H. POWELL
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: Feb. 25, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 17, 2008.
Latest Update: Dec. 23, 2024
Feb 25 2008 10:39
g2/25/ 2888 18:33 8584146749 DEPR OGA PAGE @4/@5
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
DEPARTMENT OF BUSINESS AND ,
PROFESSIONAL REGULATION
Petitioner,
vs,
License No. 6013570
ROSEMARY Ree dent License Type 2003
. P pe Case No. 2007066652
ADMINISTRATIVE COMPLAINT
The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND
RESTAURANTS, (‘Patitioner’), files this Administrative Complaint against ROSEMARY VILLAGE,
(‘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 20.185 and Chapter 509, Florida Statutes.
2. Respondent is, and has been at all times material hereto, licensed by or subject fo the jurisdiction of the
Division of Hotels and Restaurants, The respondent's business address of record is 819 N SAPODILLA
AVE, WEST PALM BEACH, FLORIDA 33401. The mailing address of record is ROSEMARY VILLAGE, at
120 FORBES BLVD, MANSFIELD, MASSAGHUSETTS 02048.
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 ona 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 iicanse issued pursuant to this Chapter, and/or any other relief
authorized by Chapter 508, Florida Statutes, or the rules promuldat :
Signed December 12, 2007
Ken Buok, District Manager :
By delagation of the Director, or designee
Division of Hotels & Restaurants
Department of Business & Professional Ragulation ©
COUNSEL FOR THE DEPARTMENT:
Charles F. Tunnicliff, Lead Attorney
Florida Bar No. 0153831
Department of Business & Professional Regulation
1840 North Monroe Streat
Tallahassee, Florida 32399-1007
CERTIFICATE OF SERVICE :
BY CERTIFIED U.S. MAIL, ARTICLE NUMBER:
| HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been
hand served by me on this day of , 2007.
Received by:
Inspector's Signature Operator's Signature
Title Title
Case Number: 2007086852 — File Number: 63551 District Number: 02
Ucensa Number: 6013570 2003 Fotm revised 07.07.07
ROSEMARY VILLAGE
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Feb 25 2008
DEPR OGA PAGE 85/85
Exhibit A
License Number: 6013570
License Type: 2003 APARTMENT
Case Number: 2007066652
“FC” as cited herein references Specific provisions of the Food Code, Recommendations of the United States
Public Health Service, Food and Drug Adininistration, ineorporated 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 September 7, 2007, November 30, 2007 the licensee was In violation of Florida Statute
508(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), In the
following particulars. Copy(s) of the Teport(s) for the above referenced inspection(s) are attached hereto and
incorporated by reference as Exhibit B. ,
* 1.07-01 616-1.004(11)FAC ELECTRICAL WIRING - TO PREVENT FIRE OR INJURY, DEFECTIVE
ELECTRICAL WIRING SHALL BE REPLACED AND WIRING SHALL BE KEPT IN GOOD REPAIR
OBSERVED AN ELECTRICAL BOX IN DISREPAIR....620, 8TH FLOOR.
2, 13-01 | 610-1.004(6)FACG ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND
FIXTURES SHALL BE KEPT IN GOOD REPAIR, CLEAN AND FREE OF OBSTRUCTIONS.
A. OBSERVED A HOLE IN WALL....SOFFIT BY METER 919, 5TH FLOOR. .
B. OBSERVED HOLE IN WALL....BASE 821 2ND FLOOR, 718 4TH, BOTH SIDES OF BUILDING CLAIM:
MOLD GROWING INSIDE WINDOW, REAR, 911 5TH FLOOR UNDER BUILDING OPEN, .
3. 25-01 610-3.001(7) FAC PREMISES- THE YARDS, ALLEYS, DRIVEWAYS, SIDEWALKS, AND
OTHER EXTERIOR PORTIONS OF THE LICENSED PREMISES SHALL BE KEPT CLEAN, FREE OF
DEBRIS, FREE OF OBJECTIONABLE ODORS, AND PROPERLY DRAINED, MAINTAINED AND MOWED
A. OBSERVED TRASH/ DEBRIS ON GROUND....BUILDING 828, 2ND FLOOR, BUILDING 620, 8TH
FLOOR, BUILDING 627, 8TH FLOOR.
B. OBSERVED TRASH/ DEBRIS ON GROUNL...,.DISCARDED TIRE AT 505 N SAPODILLA, DISCARDED
BUMPER AT 800 N SAPODILLA, ABANDONED CAR AND DISCARDED BIKE AT 920 N SAPODILLA,
DISCARDED TRANSMISSION AT 627 N SAPODILLA.
Case Number; 2007066852 File Number: 83981 : District Number: 02
License Number: 6013570 2003 ; Form revised 07.07.07
* ROSEMARY VILLAGE
Docket for Case No: 08-000991
Issue Date |
Proceedings |
Mar. 17, 2008 |
Order Closing File. CASE CLOSED.
|
Mar. 14, 2008 |
Joint Motion to Relinquish Jurisdiction filed.
|
Mar. 06, 2008 |
Order of Pre-hearing Instructions.
|
Mar. 06, 2008 |
Notice of Hearing by Video Teleconference (hearing set for April 18, 2008; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
|
Feb. 29, 2008 |
Unilateral Response to Initial Order filed.
|
Feb. 25, 2008 |
Administrative Complaint filed.
|
Feb. 25, 2008 |
Election of Rights filed.
|
Feb. 25, 2008 |
Agency referral filed.
|
Feb. 25, 2008 |
Initial Order.
|