State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants DEPARTMENT OF BUSINESS AND | PROFESSIONAL REGULATION Petitioner, vs. License Number. 6203730 ADAY MOTEL R dent License Type 2002 espon ri " Case Number 2010053435 Administrative Complaint The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against ADAY MOTEL, (“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, 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 501 BAYVIEW BLVD, OLDSMAR, FLORIDA 34677.The mailing address of record is ADAY MOTEL, at 501 BAYVIEW BLVD, OLDSMAR, FLORIDA 34677. 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, suspension, revocation, or 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 October 26, 204 erez, Distriqt Manager ~ By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Marc Drexler, Lead Attorney Florida Bar No. 0487058 Department of Business & Professional Regulation 41940 North Monroe Street Tatlahassee, Florida 32399-2202 7Ub0 3901 9448 9503 5310 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 , 2010. Received by: Inspector's Signature Operator's Signature Title Title Case Number: 2010053435 File Number: 14742 District Number: 03 License Number: 6203730 2002 Form revised 40.04.10 ADAY MOTEL Filed October 5, 2011 2:41 PM Division of Administrative Hearings Exhibit A License Number: 6203730 License Type: 2002 MOTEL Case Number: 2010053435 "FC" as 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 Administrative Code, and 61C-1.004(5), Florida Administrative Code. “ denotes a critical violation. Itis alleged that on July 29, 2010, September 30, 2010 the licensee was in violation 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. 16-07 61C-1.004(2)(A)FAC BATHROOM FACILITIES SHALL BE KEPT CLEAN, IN GOOD REPAIR AND FREE FROM OBJECTIONABLE ODORS. [EXEMPTION--61C-1.004(2)(E)FAC: RESORT CONDOMINIUMS, NONTRANSIENT ESTABLISHMENTS AND RESORT DWELLINGS ARE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION.] ; OBSERVED SOILED TUB/SHOWER; ROOM 8, 2, 18-01 61C-3.001(4) FAC KITCHEN APPLIANCES AND REFRIGERATION EQUIPMENT SHALL BE KEPT CLEAN AND FREE FROM ODORS AND IN GOOD REPAIR. A. OBSERVED KITCHEN APPLIANCE SOILED; MICROWAVE OVEN ROOM 8. B. OBSERVED KITCHEN APPLIANCE SOILED; MICROWAVE OVEN ROOM 6. 3. 39-01 61C-1.004(6) FAC ALL BUILDING STRUCTURAL COMPONENTS, ATTACHMENTS AND FIXTURES SHALL BE KEPT CLEAN AND FREE OF OBSTRUCTIONS. DIRT UNDER SINK IN ROOM 6. Case Number: 2010053435 File Number: 14742 District Number: 03 License Number: 6203730 2002 Form revised 10.04.10 ADAY MOTEL .

Docket for Case No: 11-005122