Oct 7 2009 9:15 1a/@6/ 2889 83:55 85841467 : 49 DEPR OGA PAGE 7/26 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION I Petitioner, , ‘ i ys. ; License Number 6215194 (expired) LAMBOY 35 LLG License Type 2003 Respondent. Case Number 2008043987 ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this ‘Administrative Complaint against LAMBOY 35 LLC, ("Respondent’), and says: ; i 4, Petitioner is the state agency charged with regulating the operation of public lodging establishments and ‘ i public food service establishments, pursuant to Section 20.185 and Chapter 509, Florida Statutes. . 2. Respondent is an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record.is 460 NEW YORK AVE, DUNEDIN, FLORIDA 348698.The mailing address of record is LAMBOY 35 LLC at 4507 E COLUMBUS DR, TAMPA, FLORIDA 33603- : 3234. : 3, A review of the licensure records af the Division of Hotels and Restaurants reveals that the licensure for | this establishment has expired; however, the establishment has continued to operate, in violation of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto. The violation(s) and i 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 raquests 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, . i suspension, revocation, oF 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 August 08, 2008 . oe Perez, Districh Manager By delegation of the Director, of dasignee 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 Regulation 1940 North Monroe Straet Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 3 [HEREBY CERTIFY that a true and correct copy of the _ Certified: Article Number, 7bO FAO) 1445 $Aa2 5340 _ SENDERS RECORD foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this day of Received by: Inspector's Signature Operator's Signature Title Tite | District Number: 03 { Case Number: 2008043987 Pile Number: TE342 Form revised 07.07.07 Licange Number 6215784 (expired) 2003 LAMBOY 35 LLC Oct 7 2009 9:15 18/66/2889 83:55 85 a4146749 DEPR OGA PAGE 88/26 EXHIBIT A 1, [tis alleged that on May 30, 2008 the Respondent failed to renew a license to aperate as required by law. After that date, and at all times material to thié complaint, Respondent establishment operated without leensure, in violation of Florida Statute S09(FS), and/or Florida Administrative Code (FAC), Copies of the repori(s) for the above referenced inspections, Exhibit B, are attached hereto and incorporated by reference. : . 2. Based on the foregoing, Respondent violated the following provisions of Chapter §09, Florida Statutes, or Case Number 2008043987 File Number: 78342 Licanse Number: 6215194 (expired) 2003 the rules promulgated thereto: 509.244(1) FS LICENSES; ANNUAL RENEWALS. ~ Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another . . . Licenses shall be renewed annually, . . . 61C-1,002(8) FAC Itis the responsibility af the licensee to renew the license prior to the expiration date. 81C-1.002(6) FAC ...An y public lodging or food service establishment operating on an expired license js deemed to be operating without a license, and subject to the penalties provided for this offense in law and sule, OBSERVED THE ESTABLISHMENT OPERATING WITH AN EXPIRED LICENSE. EXPIRED 2/1/04. District Number: 03 Form ravised O7,07,07 LAMBOY 35 LLG

Docket for Case No: 09-005461