City of West Palm Beach eGovPlus

Code Enforcement Detail

Code Enforcement Detail
Case Number	CE12090394	zones
Case Date	2012-09-25	priority	70111150000173499669
Type	SGT	Status	W - W
Description	REPORTED BY POLICE/SERGEANT	Officer	P1785
Operator	bcarman
Property On Case
Property ID	74434322110000110	Owner	BRADLEYS PROPERTIES LLC
Property Address	104 S CLEMATIS ST	Owner Address	1139 N OCEAN BLVD
City/State/Zip	WEST PALM BEACH FL 33401	City/State/Zip	PALM BEACH FL 33480 3262
		Phone	(561)833-3520

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 2300 HOURS, OFC. IZZO

AND THE CI ENTERED ER BRADLEY`S, LOCATED AT 104 S.

CLEMATIS ST. BOTH OFC.IZZO AND THE CI ENTERED THE

ESTABLISHMENT WITHOUT BEING STOPPED OR CHECKED FOR

ANY FORM OF ID. WHILE IN THE ESTABLISHMENT THE CI

APPROACHED A BARTENDER, LATER IDENTIFIED AS

KRISTIN WELKER, 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 AND ALCOHOLIC BEVERAGE AND THE ENTIRE

TRANSACTION WAS OBSERVED BY OFC . IZZO AND YOUR

AFFIANT. A PHOTO OF THE BARTENDER WAS ALSO TAKEN

AFTER THE TRANSACTION. AT APPROXIMATELY 0123 HOURS

A DESCRIPTION OF THE BARTENDER AND A PHOTO WAS

PROVIDED TO OFC. MOONEY, WHO WAS WORKING THE

OVERTIME DETAIL AT THE BUSINESS, AND WAS HE WAS

TOLD TO OBTAIN THE BARTENDER`S IDENTIFICATION.

OFC.MOONEY LOCATED THE BARTENDER AND PROVIDED ME

HER INFORMATION AND YOUR AFFIANT VERIFIED THAT

WELKER WAS INDEED THE BARTENDER WHO SOLD THE

ALCOHOLIC BEVERAGE TO THE CI. THE BARTENDER ALSO

WAS POSITIVELY IDENTIFIED BY OFC. IZZO. BASED ON

THE ABOVE MENTION FACTS YOUR AFFIANT BELIEVES THAT

ER BRADLEY`S 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. OFC. MOONEY NOTIFIED

THE ON DUTY MANAGER, MICHAEL STEINBERG, OF THE

VIOLATION AND CODE ENFORCEMENT WAS NOTIFIED.IT

SHOULD BE NOTED THAT EVEN THOUGH ER BRADLEY`S

HOLDS A RESTAURANT LICENSE AND UNDER 21 PATRONS

ARE ALLOWED ENTRY UNDER CITY ORDINANCE 6-5 (2) 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 WELKER TO VIOLATE FSS AND SHE WAS NOT

CHARGED AT THIS TIME.

Violation Code(s)

1: 6-12 -- VIOLATION OF STATE LAW

Inspections/Events Detail

DATE	TIME	INSPECTION / EVENT TYPE	INSTRUCTIONS / COMMENTS
2012-10-17	16:52:19	NOTICE OF HEARING	10/17/2012 HEARING SCHEDULED BCARMAN
2012-10-17	12:52:45	SPECIAL MASTER ORDER	FINDING A VIOLATION OF 6-12
2012-09-27	10:49:27	HAND DELIVERED	HAND DELIVERED NOTICE OF VIPOLATION 9/27/12 7:15 AM SIGNED FOR BY MANAGER MR. BART MARZACK
2012-09-26	16:52:19	REINSPECTION	PRE-HEARING INSP SCHED BCARMAN
2012-09-26	16:51:26	REINSPECTION
2012-09-26	10:09:49	CERTIFIED MAIL SENT	70111150000173499676, SENT TO BUSINESS OWNER
2012-09-26	10:09:02	CERTIFIED MAIL SENT	70111150000173499669, SENT TO BUSINESS
2012-09-25	16:52:19	NOTICE OF VIOLATION	NOTICE OF VIO. RECORDED BCARMAN
2012-09-25	16:51:25	CREATE INITIAL CASE RECORD	VIOLATION RECORDED BCARMAN
2012-09-25	16:51:25	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 2300 HOURS, OFC. IZZO AND THE CI ENTERED ER BRADLEY`S, LOCATED AT 104 S. CLEMATIS ST. BOTH OFC.IZZO AND THE CI ENTERED THE ESTABLISHMENT WITHOUT BEING STOPPED OR CHECKED FOR ANY FORM OF ID. WHILE IN THE ESTABLISHMENT THE CI APPROACHED A BARTENDER, LATER IDENTIFIED AS KRISTIN WELKER, 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 AND ALCOHOLIC BEVERAGE AND THE ENTIRE TRANSACTION WAS OBSERVED BY OFC . IZZO AND YOUR AFFIANT. A PHOTO OF THE BARTENDER WAS ALSO TAKEN AFTER THE TRANSACTION. AT APPROXIMATELY 0123 HOURS A DESCRIPTION OF THE BARTENDER AND A PHOTO WAS PROVIDED TO OFC. MOONEY, WHO WAS WORKING THE OVERTIME DETAIL AT THE BUSINESS, AND WAS HE WAS TOLD TO OBTAIN THE BARTENDER`S IDENTIFICATION. OFC.MOONEY LOCATED THE BARTENDER AND PROVIDED ME HER INFORMATION AND YOUR AFFIANT VERIFIED THAT WELKER WAS INDEED THE BARTENDER WHO SOLD THE ALCOHOLIC BEVERAGE TO THE CI. THE BARTENDER ALSO WAS POSITIVELY IDENTIFIED BY OFC. IZZO. BASED ON THE ABOVE MENTION FACTS YOUR AFFIANT BELIEVES THAT ER BRADLEY`S 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. OFC. MOONEY NOTIFIED THE ON DUTY MANAGER, MICHAEL STEINBERG, OF THE VIOLATION AND CODE ENFORCEMENT WAS NOTIFIED.IT SHOULD BE NOTED THAT EVEN THOUGH ER BRADLEY`S HOLDS A RESTAURANT LICENSE AND UNDER 21 PATRONS ARE ALLOWED ENTRY UNDER CITY ORDINANCE 6-5 (2) 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 WELKER TO VIOLATE FSS AND SHE WAS NOT CHARGED AT THIS TIME.