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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS vs GULFSIDE MOTEL UNLICENSED, 10-000909 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000909 Visitors: 35
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS
Respondent: GULFSIDE MOTEL UNLICENSED
Judges: LAWRENCE P. STEVENSON
Agency: Department of Business and Professional Regulation
Locations: Cedar Key, Florida
Filed: Feb. 19, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 1, 2010.

Latest Update: Dec. 23, 2024
Feb 19 2010 14:12 g2/1e/2818 @a:53 8584146749 DEPR OGA PAGE 83/86 State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. MARTIN, KAREN License Number 9900000 GULFSIDE MOTEL UNLICENSED FOOD SERVitiense Type 2051 Respondent. . Case Number 20090425587 } Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against GULFSIDE MOTEL UNLICENSED FOOD SERVICE, (‘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. Respondent is an establishment subject to the jurisdiction of the Division of Hotels and Restaurants. The respondent's business address of record is 522 1ST STREET, CEDAR KEY, FLORIDA 32625.The mailing address of record is GULFSIDE MOTEL UNLIGENSED FOOD SERVICE at 522 1ST STREET, CEDAR KEY, FLORIDA 32625. 3. Based on observation of Respondent's establishment activities and a thorough search of the Division's licensure records, Respondent was determined to be operating without statutorily required |icensure, in violation of the provisions of Chapter 509, Florida Statutes, as described in Exhibit “A” of this Complaint. Respondent was therefore issued an Administrative Determination of Nonicensure on July 31, 2009, attached hereto as Exhibit "B", documenting the activities requiring licensure and directing Respondent to apply for or renew the required license. Respondent thereafter failed to obtain licensure and was issued an Order of Closure on August 07, 2009, pursuant to Section 509.261(3), Florida Statutes, and attached hereto as Exhibit "C". WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more af the following penalties: administrative fine not to exceed $1,000 per offense, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, ar the rules promulgated thereto. Signed August 12, 2009 Chae & (rnb Steven Yon Bodungen, District Manager By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation Case Number, 2009042587 — File Number: 992 District Number. 05 Licenge Number, 9900000 2054 Form revised 07.15.09 GULFSIDE MOTEL UNLICENSED FOOD SERVICE Feb 19 2010 14:12 g2/1e/2818 @a:53 8584146749 DEPR OGA PAGE @4/@6 COUNSEL FOR THE DEPARTMENT: Mare Drexler, Lead Attorney Florida Bar No, 0487058 Department of Business & Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Certificate of Service BY CERTIFIED U.S. MAIL, ARTICLE NUMBER: 7160 3904 9845 7126 3846 | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT has been hand served by me on this. day of , 2009, Received by: Inspector's Signature Operator's Signature ee Title Title Case Number: 2008042587 File Number: 992 District Number: 05 License Number: 9800000 2051 Form revised 07.15.09 GULFSIDE MOTEL UNLIGENSED FOOD SERVICE Feb 19 2010 14:12 g2/1e/2818 @a:53 8584146749 DEPR OGA PAGE 85/86 EXHIBIT A 1. Based on the foregoing, it is alleged that an July 31, 2009 Respondent violated the following provisions of Chapter 509, Florida Statutes, or the rules promulgated thereto: 509.241(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 of individual to another . .. Licenses shall be renewed annually, .. - §00.241(2) FS Application for License. - Each person who plans to opena public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. FOOD IS MADE IN A PRIVATE RESIDENCE. FOOD MUST BE PREPARED IN A LICENSED FOOD SERVICE FACILITY. OPERATING WITHOUT A PUBLIC FOOD SERVICE LICENSE. SELLING GROUPER CHOWDER AND SMOKED KINGFISH DIP. ADVERTISING ON A SIGN BY THE STREET. - 2009042587 File Number: 992 District Number; 05 eenea feu 7000 Form revised 07.15.09 License Number, 9900000 2051 GULFSIDE MOTEL UNLICENSED FOOD SERVICE

Docket for Case No: 10-000909
Source:  Florida - Division of Administrative Hearings

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