Code Enforcement Detail
Code Enforcement Detail
Case Number CE13060126 *zones*  
Case Date 2013-06-06 priority 7013060000060489439
Type DISC Status W - W
Description DISCOVERED BY INSPECTOR Officer P2498
Operator bcarman
Property On Case
Property ID 74434321010130170 Owner AMG 5 INVESTMENT PROPERTIES LLC
Property Address 313 CLEMATIS ST Owner Address 19081 SE REACH ISLAND LN
City/State/Zip WEST PALM BEACH FL 33401 City/State/Zip JUPITER FL 33458
Phone  
Case Description
CASE NUMBER: 13-7436
DATE: 4/20/13
LOCATION: CLUB 313 (313 CLEMATIS STREET)
INCIDENT: UNDER AGE CODE VIOLATION
ON SATURDAY, 4/20/2013 YOUR AFFIANT, AGENT COLVIN
AND OFC. MCCARROLL WERE WORKING AN UNDERCOVER
OPERATION IN THE DOWNTOWN CLUBS AND BARS. THE
OPERATION CONSISTED OF YOUR AFFIANT, AGENT COLVIN,
OFC. MCCARROLL, AND A TWENTY YEAR OLD CONFIDENTIAL
INFORMANT (CI) ENTERING A CLUB, BAR, OR RESTAURANT
AND ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE
FROM A BARTENDER. PRIOR TO THE OPERATION THE CI
WAS CHECKED AND VERIFIED THAT THEY DID NOT POSSESS
ANY FORM OF FALSE IDENTIFICATION OR ID THAT COULD
BE USED TO TRICK OR CONFUSE THE BUSINESS OR THEIR
PERSONNEL OF THE CI`S AGE. THE CI DID POSSESS A
COLLEGE IDENTIFICATION CARD. THE CARD DID NOT HAVE
AN AGE ON IT.THE CI WAS THEN ONLY GIVEN CURRENCY
FROM THE WEST PALM BEACH POLICE DEPARTMENT
INVESTIGATION FUND FOR THE OPERATION.
ON 4/21/2013 AT APPROXIMATELY 0210 TO 0230 HOURS,
OFC. MCCARROLL AND THE CI ENTERED CLUB 313,
LOCATED AT 313 CLEMATIS ST. BOTH MCCARROLL AND THE
CI WERE ALLOWED TO ENTER THE BUSINESS WITHOUT
BEING STOPPED OR CHECKED FOR ANY FORM OF ID. AFTER
ENTERING THE ESTABLISHMENT THE CI APPROACHED A
BARTENDER, WHO WAS DESCRIBED AS A BLACK FEMALE
WITH TATTOOED EYEBROWS. THE BARTENDER WAS WEARING
A WHITE T- SHIRT AND JEAN SHORTS. THE CI ORDERED A
?BUD LIGHT? ALCOHOLIC BEVERAGE. THE BARTENDER THEN
GAVE THE ALCOHOLIC BEVERAGES TO THE CI, AND THE CI
GAVE THE BARTENDER CURRENCY FROM THE WEST PALM
BEACH POLICE DEPARTMENT INVESTIGATIVE FUND. THE CI
WAS NEVER ASKED FOR IDENTIFICATION AND THE
BEVERAGE WAS VERIFIED BY OFC. MCCARROLL TO BE AN
ALCOHOLIC BEVERAGE.
AFTER THE INCIDENT YOUR AFFIANT, AGENT COLVIN,
OFC. MCCARROLL AND THE CI LEFT THE BUSINESS AND
CONTINUED WITH THE OPERATION. THE MANAGEMENT WAS
NOT NOTIFIED AT THE TIME TO PREVENT STAFF OR
OTHERS FROM NOTIFYING OTHER BUSINESSES OF OUR
OPERATION WHICH WOULD JEOPARDIZE THE SAFETY OF ALL
INVOLVED AND THE SUCCESS OF THE OPERATION.
UPON COMPLETION OF THE OPERATION, CLUB 313 HAD
CLOSED FOR THE NIGHT AND YOUR AFFIANT WAS UNABLE
TO NOTIFY THE MANAGEMENT OF THE VIOLATION. ON
4/26/2013 OFFICER RUIZ WAS ABLE TO CONTACT THE
MANAGER OF CLUB 313, JEFF BALLETT. BALLETT WAS
NOTIFIED OF THE INCIDENT AND COULD NOT IDENTIFY
THE BARTENDER. BALLETT WAS THEN INFORMED THAT THE
BUSINESS WAS IN VIOLATION OF 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 VIOLATION IS IN TURN IN 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.
MANAGEMENT WAS ALSO CAUTIONED THAT THEY WERE IN
VIOLATION OF WEST PALM BEACH CITY ORDINANCE 6-8(C)
WHICH OUTLINES THE BUSINESSES REQUIREMENTS IN
ORDER TO MAINTAIN THEIR EXTENDED HOURS PERMIT TO
SELL ALCOHOL AFTER MIDNIGHT, AND IF ADDITIONAL
VIOLATIONS OCCUR WITHIN A 30 DAY PERIOD THE PERMIT
COULD BE REVOKED.
Violation Code(s)
1: 6-12 -- VIOLATION OF STATE LAW
2: 6-13-B-I -- UNDER AGE VIOLATIONS
Inspections/Events Detail
DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS
 09:48:43REINSPECTIONPRE-HEARING INSP SCHED BCARMAN
2013-08-0510:49:24CERTIFIED MAIL RETURNED70130600000060489439, NOT DELIVERABLE AS
ADDRESSED
2013-07-1411:19:27COMMENTSADDED FINE ON 6-12
START DATE: FINE AMT: 500.00
2013-06-2611:26:38CERTIFIED MAIL SENT7013060000060489439
2013-06-1914:58:05SPECIAL MASTER ORDERFINE OF $500 PAYABLE WITHIN 30 DAYS
2013-06-1909:48:43NOTICE OF HEARING06/19/2013 HEARING SCHEDULED BCARMAN
2013-06-1809:48:43NOTICE OF VIOLATIONNOTICE OF VIO. RECORDED BCARMAN
2013-06-0616:05:03SM - OTHER MATTERSSCHEDULED FOR 6/19/13 OTHER MATTERS
@10:30
2013-06-0615:40:35CERTIFIED MAIL SENT70113500000249197951
2013-06-0614:47:58REINSPECTION 
2013-06-0614:47:57INITIAL INSPECTIONCASE NUMBER: 13-7436
DATE: 4/20/13
LOCATION: CLUB 313 (313 CLEMATIS
STREET)
INCIDENT: UNDER AGE CODE VIOLATION
ON SATURDAY, 4/20/2013 YOUR AFFIANT,
AGENT COLVIN AND OFC. MCCARROLL WERE
WORKING AN UNDERCOVER OPERATION IN THE
DOWNTOWN CLUBS AND BARS. THE OPERATION
CONSISTED OF YOUR AFFIANT, AGENT COLVIN,
OFC. MCCARROLL, AND A TWENTY YEAR OLD
CONFIDENTIAL INFORMANT (CI) ENTERING A
CLUB, BAR, OR RESTAURANT AND ATTEMPTING
TO PURCHASE AN ALCOHOLIC BEVERAGE FROM A
BARTENDER. PRIOR TO THE OPERATION THE CI
WAS CHECKED AND VERIFIED THAT THEY DID
NOT POSSESS ANY FORM OF FALSE
IDENTIFICATION OR ID THAT COULD BE USED
TO TRICK OR CONFUSE THE BUSINESS OR
THEIR PERSONNEL OF THE CI`S AGE. THE CI
DID POSSESS A COLLEGE IDENTIFICATION
CARD. THE CARD DID NOT HAVE AN AGE ON
IT.THE CI WAS THEN ONLY GIVEN CURRENCY
FROM THE WEST PALM BEACH POLICE
DEPARTMENT INVESTIGATION FUND FOR THE
OPERATION.
ON 4/21/2013 AT APPROXIMATELY 0210 TO
0230 HOURS, OFC. MCCARROLL AND THE CI
ENTERED CLUB 313, LOCATED AT 313
CLEMATIS ST. BOTH MCCARROLL AND THE CI
WERE ALLOWED TO ENTER THE BUSINESS
WITHOUT BEING STOPPED OR CHECKED FOR ANY
FORM OF ID. AFTER ENTERING THE
ESTABLISHMENT THE CI APPROACHED A
BARTENDER, WHO WAS DESCRIBED AS A BLACK
FEMALE WITH TATTOOED EYEBROWS. THE
BARTENDER WAS WEARING A WHITE T- SHIRT
AND JEAN SHORTS. THE CI ORDERED A ?BUD
LIGHT? ALCOHOLIC BEVERAGE. THE BARTENDER
THEN GAVE THE ALCOHOLIC BEVERAGES TO THE
CI, AND THE CI GAVE THE BARTENDER
CURRENCY FROM THE WEST PALM BEACH POLICE
DEPARTMENT INVESTIGATIVE FUND. THE CI
WAS NEVER ASKED FOR IDENTIFICATION AND
THE BEVERAGE WAS VERIFIED BY OFC.
MCCARROLL TO BE AN ALCOHOLIC BEVERAGE.
AFTER THE INCIDENT YOUR AFFIANT, AGENT
COLVIN, OFC. MCCARROLL AND THE CI LEFT
THE BUSINESS AND CONTINUED WITH THE
OPERATION. THE MANAGEMENT WAS NOT
NOTIFIED AT THE TIME TO PREVENT STAFF OR
OTHERS FROM NOTIFYING OTHER BUSINESSES
OF OUR OPERATION WHICH WOULD JEOPARDIZE
THE SAFETY OF ALL INVOLVED AND THE
SUCCESS OF THE OPERATION.
UPON COMPLETION OF THE OPERATION, CLUB
313 HAD CLOSED FOR THE NIGHT AND YOUR
AFFIANT WAS UNABLE TO NOTIFY THE
MANAGEMENT OF THE VIOLATION. ON
4/26/2013 OFFICER RUIZ WAS ABLE TO
CONTACT THE MANAGER OF CLUB 313, JEFF
BALLETT. BALLETT WAS NOTIFIED OF THE
INCIDENT AND COULD NOT IDENTIFY THE
BARTENDER. BALLETT WAS THEN INFORMED
THAT THE BUSINESS WAS IN VIOLATION OF
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
VIOLATION IS IN TURN IN 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.
MANAGEMENT WAS ALSO CAUTIONED THAT THEY
WERE IN VIOLATION OF WEST PALM BEACH
CITY ORDINANCE 6-8(C) WHICH OUTLINES THE
BUSINESSES REQUIREMENTS IN ORDER TO
MAINTAIN THEIR EXTENDED HOURS PERMIT TO
SELL ALCOHOL AFTER MIDNIGHT, AND IF
ADDITIONAL VIOLATIONS OCCUR WITHIN A 30
DAY PERIOD THE PERMIT COULD BE REVOKED.
2013-06-0614:47:56CREATE INITIAL CASE RECORDVIOLATION RECORDED BCARMAN


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