Code Enforcement Detail
Code Enforcement Detail
Case Number CE12090391 *zones*  
Case Date 2012-09-25 priority 70111150000173499706
Type SGT Status W - W
Description REPORTED BY POLICE/SERGEANT Officer P1785
Operator bcarman
Property On Case
Property ID 74434321130020010 Owner WEST PALM BEACH CRA LESSOR
Property Address 700 S ROSEMARY AVE Owner Address PO BOX 3366
City/State/Zip WEST PALM BEACH FL 33401 City/State/Zip WEST PALM BEACH FL 33402
Phone  
Case Description
ON SATURDAY,9/1/2012 AFFIANT AND OFC.IZZO #1704
WERE WORKING AN UNDERCOVER OPERATION IN THE
DOWNTOWN CLUBS AND BARS.THE OPERATION CONSISTED OF
YOUR AFFIANT,OFC. IZZO,AND A TWENTY YEAR OLD
CONFIDENTIAL INFORMANT(CI)ENTERING A CLUB OR BAR
AND ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE
FROM A BARTENDER.PRIOR TO THE OPERATION THE CI
FORFEITED THEIR FLORIDA ID AND WAS CHECKED FOR ANY
OTHER FORMS OF ID OF WHICH THE CI HAD NONE.THE CI
WAS THEN ONLY GIVEN CURRENCY FROM THE WEST PALM
BEACH POLICE DEPARTMENT INVESTIGATION FUND FOR THE
OPERATION.AT APPROXIMATELY 0030 HOURS,OFC.IZZO AND
THE CI ENTERED CLUB NEW YORK,LOCATED IN CITY PLACE
AT 700 S.ROSEMARY AVE.BOTH OFC.IZZO AND THE CI
WERE ALLOWED TO ENTER THROUGH THE CLUB`S SECURITY
WITHOUT BEING STOPPED OR CHECKED FOR ANY FORM OF
ID. AFTER ENTERING THE ESTABLISHMENT THE CI
APPROACHED A BARTENDER, LATER IDENTIFIED AS
MICHELLE VILMENAY,AND ORDERED A BOTTLED
BEER(HEINEKEN).THE BARTENDER THEN GAVE THE
ALCOHOLIC BEVERAGE TO THE CI,AND THE CI GAVE THE
BARTENDER A TWENTY DOLLAR BILL FROM THE WEST PALM
BEACH POLICE DEPARTMENT INVESTIGATIVE FUND.THE
BARTENDER GAVE THE CI CHANGE,AND THE CI WALKED
AWAY FROM THE BARTENDER WITH THE ALCOHOLIC
BEVERAGE.THE CI WAS NEVER ASKED FOR
IDENTIFICATION.THE BEVERAGE WAS VERIFIED BY
OFC.IZZO TO BE AN ALCOHOLIC BEVERAGE AND THE
ENTIRE TRANSACTION WAS OBSERVED BY YOUR AFFIANT
AND OFC.IZZO.A PHOTO OF THE BARTENDER WAS ALSO
TAKEN AFTER THE TRANSACTION.AT APPROXIMATELY 0150
HOURS YOUR AFFIANT CONTACTED OFC.JONES, WHO WAS
WORKING AS THE OVERTIME OFFICER FOR THE BUSINESS,
AND PROVIDED HIM WITH THE LOCATION,DESCRIPTION AND
PHOTO OF THE BARTENDER.OFC.JONES LOCATED VILMENAY
AND OBTAINED THE BARTENDER`S
IDENTIFICATION.OFC.IZZO ALSO VERIFIED THAT
VILMENAY WAS INDEED THE BARTENDER WHO SOLD THE
ALCOHOLIC BEVERAGE TO THE CI.BASED ON THE ABOVE
MENTION FACTS YOUR AFFIANT BELIEVES THAT CLUB NEW
YORK AS A BUSINESS VIOLATED
FSS.562.11(1)(A)(1),WHICH STATES:IT IS UNLAWFUL
FOR ANY PERSON TO SELL,GIVE,SERVE,OR PERMIT TO BE
SERVED ALCOHOLIC BEVERAGES TO A PERSON UNDER 21
YEARS OF AGE OR TO PERMIT A PERSON UNDER 21 YEARS
OF AGE TO CONSUME SUCH BEVERAGES ON THE LICENSED
PREMISES.THIS IS A CLEAR VIOLATION OF THE WEST
PALM BEACH CITY ORDINANCE 6-12 WHICH STATES; EVERY
VIOLATION OF THE LAWS OF THE STATE RELATING TO THE
POSSESSING,SALE,GIFT,SERVICE OR PERMITTING THE
SERVICE OF ALCOHOLIC BEVERAGES,WHETHER HERETOFORE
OR HEREAFTER ENACTED,IS HEREBY SPECIFICALLY MADE A
VIOLATION OF THIS CHAPTER.ALSO BASED ON THE ABOVE
FACTS THE BUSINESS DOES NOT QUALIFY FOR ANY UNDER
21 EXCEPTIONS AND CLEARLY VIOLATED CITY ORDINANCE
6-5(A) WHICH STATES;IT SHALL BE UNLAWFUL FOR
PERSONS UNDER THE AGE OF 21 TO ENTER,
PATRONIZE,VISIT,BE ADMITTED TO,OR ALLOWED ACCESS
IN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT. OFC.TATUM
NOTIFIED THE ON DUTY MANAGER,MICHAEL STEIN,OF THE
VIOLATIONS AND CODE ENFORCEMENT WAS NOTIFIED.IT
SHOULD BE NOTED THAT THE BUSINESS DID HAVE
SECURITY MEASURES IN PLACE IN ORDER TO PREVENT THE
ENTRY OF UNDER 21 PATRONS.DUE TO THIS FACT
BARTENDERS WERE NOT TASKED WITH CHECKING
ID`S,THOUGH THEY STRONGLY ENCOURAGED DOING SO,AND
YOUR AFFIANT BELIEVES THERE WAS NO INTENT BY
VILMENAY TO VIOLATE FSS AND SHE WAS NOT CHARGED AT
THIS TIME.
Violation Code(s)
1: 6-12 -- VIOLATION OF STATE LAW
2: 6-5-A -- UNDER 21 PROHIBITED
Inspections/Events Detail
DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS
2012-10-2408:53:27CERTIFIED MAIL RETURNED70111150000173499713,UNCLAIMED
2012-10-2408:47:21CERTIFIED MAIL RETURNED70111150000173499706,UNCLAIMED
2012-10-1716:24:26NOTICE OF HEARING10/17/2012 HEARING SCHEDULED BCARMAN
2012-10-1712:50:30SPECIAL MASTER ORDERFINDING OF VIOLATION OF 6-12 AND 6-5-A
2012-09-2710:45:17AFFIDAVIT OF POSTINGCOMPLETED A AFFIDAVIT OF POSTING WITH
PHOTO.
2012-09-2710:44:49POSTED PROPERTY/CITY HALLPOSTED PROPERTY AND CITY HALL.
2012-09-2610:31:57CERTIFIED MAIL SENT70111150000173499713,SENT TO BUSINESS
OWNER
2012-09-2610:06:00CERTIFIED MAIL SENT70111150000173499706, SENT TO BUSINESS
2012-09-2516:24:26REINSPECTIONPRE-HEARING INSP SCHED BCARMAN
2012-09-2516:24:25NOTICE OF VIOLATIONNOTICE OF VIO. RECORDED BCARMAN
2012-09-2514:54:32REINSPECTION 
2012-09-2514:54:32INITIAL INSPECTIONON SATURDAY,9/1/2012 AFFIANT AND
OFC.IZZO #1704 WERE WORKING AN
UNDERCOVER OPERATION IN THE DOWNTOWN
CLUBS AND BARS.THE OPERATION CONSISTED
OF YOUR AFFIANT,OFC. IZZO,AND A TWENTY
YEAR OLD CONFIDENTIAL
INFORMANT(CI)ENTERING A CLUB OR BAR AND
ATTEMPTING TO PURCHASE AN ALCOHOLIC
BEVERAGE FROM A BARTENDER.PRIOR TO THE
OPERATION THE CI FORFEITED THEIR FLORIDA
ID AND WAS CHECKED FOR ANY OTHER FORMS
OF ID OF WHICH THE CI HAD NONE.THE CI
WAS THEN ONLY GIVEN CURRENCY FROM THE
WEST PALM BEACH POLICE DEPARTMENT
INVESTIGATION FUND FOR THE OPERATION.AT
APPROXIMATELY 0030 HOURS,OFC.IZZO AND
THE CI ENTERED CLUB NEW YORK,LOCATED IN
CITY PLACE AT 700 S.ROSEMARY AVE.BOTH
OFC.IZZO AND THE CI WERE ALLOWED TO
ENTER THROUGH THE CLUB`S SECURITY
WITHOUT BEING STOPPED OR CHECKED FOR ANY
FORM OF ID. AFTER ENTERING THE
ESTABLISHMENT THE CI APPROACHED A
BARTENDER, LATER IDENTIFIED AS MICHELLE
VILMENAY,AND ORDERED A BOTTLED
BEER(HEINEKEN).THE BARTENDER THEN GAVE
THE ALCOHOLIC BEVERAGE TO THE CI,AND THE
CI GAVE THE BARTENDER A TWENTY DOLLAR
BILL FROM THE WEST PALM BEACH POLICE
DEPARTMENT INVESTIGATIVE FUND.THE
BARTENDER GAVE THE CI CHANGE,AND THE CI
WALKED AWAY FROM THE BARTENDER WITH THE
ALCOHOLIC BEVERAGE.THE CI WAS NEVER
ASKED FOR IDENTIFICATION.THE BEVERAGE
WAS VERIFIED BY OFC.IZZO TO BE AN
ALCOHOLIC BEVERAGE AND THE ENTIRE
TRANSACTION WAS OBSERVED BY YOUR AFFIANT
AND OFC.IZZO.A PHOTO OF THE BARTENDER
WAS ALSO TAKEN AFTER THE TRANSACTION.AT
APPROXIMATELY 0150 HOURS YOUR AFFIANT
CONTACTED OFC.JONES, WHO WAS WORKING AS
THE OVERTIME OFFICER FOR THE BUSINESS,
AND PROVIDED HIM WITH THE
LOCATION,DESCRIPTION AND PHOTO OF THE
BARTENDER.OFC.JONES LOCATED VILMENAY AND
OBTAINED THE BARTENDER`S
IDENTIFICATION.OFC.IZZO ALSO VERIFIED
THAT VILMENAY WAS INDEED THE BARTENDER
WHO SOLD THE ALCOHOLIC BEVERAGE TO THE
CI.BASED ON THE ABOVE MENTION FACTS YOUR
AFFIANT BELIEVES THAT CLUB NEW YORK AS A
BUSINESS VIOLATED
FSS.562.11(1)(A)(1),WHICH STATES:IT IS
UNLAWFUL FOR ANY PERSON TO
SELL,GIVE,SERVE,OR PERMIT TO BE SERVED
ALCOHOLIC BEVERAGES TO A PERSON UNDER 21
YEARS OF AGE OR TO PERMIT A PERSON UNDER
21 YEARS OF AGE TO CONSUME SUCH
BEVERAGES ON THE LICENSED PREMISES.THIS
IS A CLEAR VIOLATION OF THE WEST PALM
BEACH CITY ORDINANCE 6-12 WHICH STATES;
EVERY VIOLATION OF THE LAWS OF THE STATE
RELATING TO THE
POSSESSING,SALE,GIFT,SERVICE OR
PERMITTING THE SERVICE OF ALCOHOLIC
BEVERAGES,WHETHER HERETOFORE OR
HEREAFTER ENACTED,IS HEREBY SPECIFICALLY
MADE A VIOLATION OF THIS CHAPTER.ALSO
BASED ON THE ABOVE FACTS THE BUSINESS
DOES NOT QUALIFY FOR ANY UNDER 21
EXCEPTIONS AND CLEARLY VIOLATED CITY
ORDINANCE 6-5(A) WHICH STATES;IT SHALL
BE UNLAWFUL FOR PERSONS UNDER THE AGE OF
21 TO ENTER, PATRONIZE,VISIT,BE ADMITTED
TO,OR ALLOWED ACCESS IN ANY ALCOHOLIC
BEVERAGE ESTABLISHMENT. OFC.TATUM
NOTIFIED THE ON DUTY MANAGER,MICHAEL
STEIN,OF THE VIOLATIONS AND CODE
ENFORCEMENT WAS NOTIFIED.IT SHOULD BE
NOTED THAT THE BUSINESS DID HAVE
SECURITY MEASURES IN PLACE IN ORDER TO
PREVENT THE ENTRY OF UNDER 21
PATRONS.DUE TO THIS FACT BARTENDERS WERE
NOT TASKED WITH CHECKING ID`S,THOUGH
THEY STRONGLY ENCOURAGED DOING SO,AND
YOUR AFFIANT BELIEVES THERE WAS NO
INTENT BY VILMENAY TO VIOLATE FSS AND
SHE WAS NOT CHARGED AT THIS TIME.
2012-09-2514:54:31CREATE INITIAL CASE RECORDVIOLATION RECORDED BCARMAN


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