City of West Palm Beach eGovPlus

Code Enforcement Detail

Code Enforcement Detail
Case Number	CE12090393	zones
Case Date	2012-09-25	priority	70111150000173499690
Type	SGT	Status	C - C
Description	REPORTED BY POLICE/SERGEANT	Officer	P1785
Operator	bcarman
Property On Case
Property ID	74434322310000020	Owner	L J INDUSTRIES INC
Property Address	114 S NARCISSUS AVE	Owner Address	226 EMERALD LN
City/State/Zip	WEST PALM BEACH FL 33401	City/State/Zip	PALM BEACH FL 33480-3613
		Phone	(561) 889-1962

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 2320 HOURS, OFC. IZZO

AND THE CI ENTERED CLUB AURA, LOCATED AT 114 S.

NARCISSUS 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

SHEENA-LEE HENRY, AND ORDERED A BOTTLED BEER

(CORONA). 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 OFC . IZZO. A PHOTO OF

THE BARTENDER WAS ALSO TAKEN AFTER THE

TRANSACTION. AT APPROXIMATELY 0230 HOURS YOUR

AFFIANT ENTERED THE BUSINESS WITH A DESCRIPTION OF

THE BARTENDER AND THE PHOTO. YOUR AFFIANT LOCATED

AND OBTAINED THE BARTENDER`S IDENTIFICATION. OFC.

IZZO ALSO VERIFIED THAT HENRY WAS INDEED THE

BARTENDER WHO SOLD THE ALCOHOLIC BEVERAGE TO THE

CI. BASED ON THE ABOVE MENTION FACTS YOUR AFFIANT

BELIEVES THAT CLUB AURA 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.

YOUR AFFIANT NOTIFIED THE ON DUTY MANAGER,DARREN

CUMMINGS, 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 HENRY

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

DATE	TIME	INSPECTION / EVENT TYPE	INSTRUCTIONS / COMMENTS
2012-10-17	16:40:16	NOTICE OF HEARING	10/17/2012 HEARING SCHEDULED BCARMAN
2012-10-17	12:51:54	SPECIAL MASTER ORDER	FINDING OF VIOLATION OF 6-12 AND 6-5-A
2012-10-05	08:31:03	CERTIFIED MAIL RECEIVED	70111150000173499683,SIGNED
2012-09-28	10:40:09	CERTIFIED MAIL RECEIVED	70111150000173499690,SIGNED
2012-09-27	11:12:22	AFFIDAVIT OF POSTING	COMPLETED A AFFIDAVIT OF POSTING WITH PHOTO.
2012-09-27	11:09:54	POSTED PROPERTY/CITY HALL	POSTED A NOV/NOH AT THE PROPERTY AND AT CITY HALL.
2012-09-26	16:40:16	REINSPECTION	PRE-HEARING INSP SCHED BCARMAN
2012-09-26	16:39:39	REINSPECTION
2012-09-26	10:08:19	CERTIFIED MAIL SENT	70111150000173499683, SENT TO BUSINESS
2012-09-26	10:07:20	CERTIFIED MAIL SENT	70111150000173499690, SENT TO BUSINESS OWNER
2012-09-25	16:40:16	NOTICE OF VIOLATION	NOTICE OF VIO. RECORDED BCARMAN
2012-09-25	16:39:38	CREATE INITIAL CASE RECORD	VIOLATION RECORDED BCARMAN
2012-09-25	16:39:38	INITIAL INSPECTION	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 2320 HOURS, OFC. IZZO AND THE CI ENTERED CLUB AURA, LOCATED AT 114 S. NARCISSUS 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 SHEENA-LEE HENRY, AND ORDERED A BOTTLED BEER (CORONA). 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 OFC . IZZO. A PHOTO OF THE BARTENDER WAS ALSO TAKEN AFTER THE TRANSACTION. AT APPROXIMATELY 0230 HOURS YOUR AFFIANT ENTERED THE BUSINESS WITH A DESCRIPTION OF THE BARTENDER AND THE PHOTO. YOUR AFFIANT LOCATED AND OBTAINED THE BARTENDER`S IDENTIFICATION. OFC. IZZO ALSO VERIFIED THAT HENRY WAS INDEED THE BARTENDER WHO SOLD THE ALCOHOLIC BEVERAGE TO THE CI. BASED ON THE ABOVE MENTION FACTS YOUR AFFIANT BELIEVES THAT CLUB AURA 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. YOUR AFFIANT NOTIFIED THE ON DUTY MANAGER,DARREN CUMMINGS, 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 HENRY TO VIOLATE FSS AND SHE WAS NOT CHARGED AT THIS TIME.