Code Enforcement Detail
Code Enforcement Detail
Case Number CE13060130 *zones*  
Case Date 2013-06-06 priority 70113500000249197968
Type SGT Status C - C
Description REPORTED BY POLICE/SERGEANT Officer P2498
Operator bcarman
Property On Case
Property ID 74434321010130180 Owner VON ESSELBORN INC
Property Address 309 CLEMATIS ST Owner Address PO BOX 2649
City/State/Zip WEST PALM BEACH FL 33401 City/State/Zip WEST PALM BEACH FL 33402
Phone  
Case Description
CASE NUMBER: 13-7435
DATE: 4/20/13
LOCATION: ROXY'S RESTAURANT - 309 CLEMATIS STREET
INCIDENT: UNDER AGE CODE VIOLATION
SUMMARY:
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 0120 TO 0145 HOURS,
OFC. MCCARROLL AND THE CI ENTERED ROXY?S BAR,
LOCATED AT 309 CLEMATIS ST., WHICH IS CLASSIFIED
AS A "BONA FIDE" RESTAURANT. 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, LATER ONLY IDENTIFIED AS "VICTORIA",
AND 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. THE
TRANSACTION WAS ALSO OBSERVED BY AGENT COLVIN.
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, ROXY?S HAD
CLOSED FOR THE NIGHT AND YOUR AFFIANT WAS UNABLE
TO NOTIFY THE MANAGEMENT OF THE VIOLATION. ON
4/23/2013 LIEUTENANT SINNOTT WAS ABLE TO CONTACT
THE MANAGER, MILES CLINTON. CLINTON WAS NOTIFIED
OF THE INCIDENT AND COULD ONLY IDENTIFY THE
BARTENDER AS "VICTORIA". CLINTON 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
Inspections/Events Detail
DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS
 09:49:22REINSPECTIONPRE-HEARING INSP SCHED BCARMAN
2021-05-0409:58:05COMMENTSFINE PAID 6-12
PAID DATE: 04/19/21 PAID AMT: 250.00
2013-07-1411:33:08COMMENTSADDED FINE ON 6-12
START DATE: FINE AMT: 250.00
2013-06-1914:56:27SPECIAL MASTER ORDERFINE OF $250 PAYABLE WITHIN 30 DAYS.
CODE TO INVOICE.
2013-06-1909:49:22NOTICE OF HEARING06/19/2013 HEARING SCHEDULED BCARMAN
2013-06-1809:49:22NOTICE OF VIOLATIONNOTICE OF VIO. RECORDED BCARMAN
2013-06-0616:50:06CERTIFIED MAIL SENT70113500000249197968
2013-06-0615:50:12SM - OTHER MATTERSSCHEDULED FOR 6/19/13 SM @ 10:30
2013-06-0615:49:30REINSPECTION 
2013-06-0615:49:30INITIAL INSPECTIONCASE NUMBER: 13-7435
DATE: 4/20/13
LOCATION: ROXY'S RESTAURANT - 309
CLEMATIS STREET
INCIDENT: UNDER AGE CODE VIOLATION
SUMMARY:
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 0120 TO
0145 HOURS, OFC. MCCARROLL AND THE CI
ENTERED ROXY?S BAR, LOCATED AT 309
CLEMATIS ST., WHICH IS CLASSIFIED AS A
"BONA FIDE" RESTAURANT. 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, LATER ONLY
IDENTIFIED AS "VICTORIA", AND 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. THE TRANSACTION WAS
ALSO OBSERVED BY AGENT COLVIN.
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,
ROXY?S HAD CLOSED FOR THE NIGHT AND YOUR
AFFIANT WAS UNABLE TO NOTIFY THE
MANAGEMENT OF THE VIOLATION. ON
4/23/2013 LIEUTENANT SINNOTT WAS ABLE TO
CONTACT THE MANAGER, MILES CLINTON.
CLINTON WAS NOTIFIED OF THE INCIDENT AND
COULD ONLY IDENTIFY THE BARTENDER AS
"VICTORIA". CLINTON 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.
2013-06-0615:49:29CREATE INITIAL CASE RECORDVIOLATION RECORDED BCARMAN


Account Summary | Usage Policy | Privacy Policy
Copyright © 2005 – 2014, SunGard Pentamation, Inc & City of West Palm Beach, FL – All Rights Reserved