Margaret Arraiz read the facts of the case for the record. She stated that the case was initiated September 11, 2015 and was being brought before him today for emergency action.  The violations are section 9-27 (C) for delinquent business tax receipt, doing business without a receipt, receipt obtained by fraud or enforcement.  She presented the City of Fort Pierce Business Tax Receipt which was marked as Exhibit 1.  It shows the classification of The Spot Jamaican Restaurant as "cafe/restaurant 1-10 seats which was approved to 12 seats tl Jamaican food, no alcohol on premises, requires State license issued on May 29, 2015 and valid until September 30, 2015."  We have received several complaints for weeks from the Police Department that there have been activities happening at the location that are outside what the business tax receipt granted.  When she was at the location assisting in the serving of notice she saw a glass that had a liquid in it that looked like and smelled like beer in it sitting on the counter.  Ms. Arraiz explained to Mr. Barnett that he is not permitted to have alcohol on the premises at all.  Mr. Barnett stated to her that he does not serve it, and she explained to him again that he was not allowed to have alcohol on the premises at all.

Vincent Barnett came forward and was sworn in for testimony.  Mr. McCain asked Mr. Barnett if he was disputing the charges and he said yes he was.  He stated that he was licensed for 12 chairs but he was told by the license department that it could change to 1-25 chairs.  He stated that he decided to stay open late to serve people who were coming from the Sunrise Theater and other places and the downtown restaurants were closed.  When he started staying open late, he asked Charles Johnson and another man to take care of the night shift.  He said that he started getting complaints from Mr. Johnson that the police were giving him a hard time about the number of people in and out of the building at one time.  He asked Mr. Johnson if he was serving alcohol and he was told no.  Mr. Barnett said he told Mr. Johnson "do not serve any alcohol".  He said he does not sell or serve alcoholic drinks to anybody.

Special Magistrate Blandino said Ms. Arraiz stated that she smelled what she thought was beer in a glass sitting on the counter and the beer is not allowed on the premises.  Mr. Barnett said that this was "his" glass and until Ms. Arraiz came in he did not know that he wasn't allowed to have his own beer on the premises.  He said he did buy a beer from across the street and poured it into a glass and wasn't disputing that it was on the counter but it was for his personal use.  But he does not sell or serve beer or other alcohol at his restaurant.  SM Blandino said he understands that even if there has been alcoholic beverages served or sold before and Mr. Barnett says he will no longer do this, that's not the only issue being brought before him today.

Ms. Arraiz asked Mr. Barnett about the complaints that has been made that there is alcohol on the premises at night and whether he disputes this complaint?  He stated that he was not aware of any alcohol being on the premises at night.  He stated that he told Mr. Johnson there would be no alcohol on the premises.  He said he told the police if they caught somebody drinking "arrest him".

Mr. McCain asked Mr. Barnett if he was trying to tell the Special Magistrate the he has the authority to have 25 seats in the cafe.  He said it was with the license department when he went for the plan review.  They asked if he had 25 seats or less and he said less than 25.  Mr. McCain asked if this was with the licensing process of the city or the State.  Mr. Barnett said both.  Mr. McCain asked what came first the license with the city or the State.  Mr. Barnett said he could apply with the city first but they won't give it until the State approves theirs.  Mr. McCain asked Mr. Barnett if at any time he indicated to the city or the State that he intended to have alcohol consumed at the business premises.  Mr. Barnett stated that he did intend to apply for the license, and although he never did get it, he had to put on the license that he intended to.  The State told him until he gets the license he can't serve any alcohol on the premises and he agreed to that.  Mr. McCain asked if he was in the process of applying for a permit or license that will allow him to serve liquor and he stated that he had the intent to do this but money was tight right now.  Mr. McCain asked him if he disputed the Business Tax Receipt showing that it states "no alcohol on premise, reqs. State license"?  He said it originally said no selling of alcohol and the only alcohol he had on the premises was the Busch beer he had poured for himself.  Mr. McCain asked him to read the line again because it doesn't say anything about selling but that there is to be no alcohol on the premises.  Mr. Barnett asked for his glasses and read the line again where he agreed it says "no alcohol on premise, reqs. State license".  Mr. McCain asked if it is his testimony today that there has been or has not been alcohol on the premises since obtaining the Business Tax Receipt from the City approximately 2 months ago.  Mr. Barnett stated that he brought the beer onto the premises but he is not aware of any alcohol being on the premises.  He stated that he was applying for a beer and wine license, not one serving alcohol.  This would allow him to sell beer and wine if they buy a dinner but no alcohol was permitted.  He didn't think they were referring to beer as alcohol.  He thought alcohol license and beer license were two different kinds of license.  McCain asked if it was his testimony that he has never seen people consuming alcohol at his business establishment.  Mr. Barnett said he has seen people go across the street and buy beer and go into the parking lot and drink the beer.  He sees them drinking all day long.  Mr. McCain asked Mr. Barnett what time his business opens and he stated that he opens from 9:00 am and he's there until 11 or 12 o'clock, then Charles Johnson and the man who got shot comes in to do the cooking and stays until they close. 

Mr. McCain asked about the shooting that took place at his establishment.  It took place on Thursday night, September 11 but he wasn't there.  Mr. McCain asked if he would describe the inside of the structure.  He doesn't know about the square footage but when you come in through the main door you will find 3 table and 6 chairs.  Also, there is the counter and 3 steps up is the kitchen.  He was asked if he serves meals on dishes and drinks in glasses.  Mr. Barnett said he uses Styrofoam plates and 16 oz. and 12 oz. plastic cups.  He sells whichever soda is on sale.  Mr. McCain asked if he sells things that can be used as a mixer with alcoholic beverages. He said he sells Coke; 7-up whatever is on sale.  Mr. McCain asked him if the seating was only for the inside or if he allowed them to sit outside also.  Mr. Barnett asked the City about seating outside and they said the seating is away from the traffic so no one would be at risk of getting hit by traffic so it is possible for them to sit outside but he hasn't done this yet.  Sometimes he puts 1 table and maybe 3 chairs outside; depending on who is sitting there.  Mr. McCain asked about the people being served mostly inside the structure.  He was told that most people come in and pick up their food and leave.  Very few come in and sit down to eat.  He was asked what were the most people that have been there at one time and he stated around 60 but most of them are waiting on food and dancing.  He's only been there a few times at night to witness this.  Some inside and some outside but no one was sitting, just standing.  He was asked how close his establishment was to other residents and he said they were across the street, down the street and there's an apartment right next to the building.  He was asked if he was open until 4:00 am but he said he doesn't close at night but Mr. Johnson does stay late and possibly all night. He was asked what time the shooting took place and he said he thought it was around 3:00 am.  Mr. McCain stated that Mr. Barnett actually has no idea if alcohol is being consumed on the premises and that he is in no position to dispute whether alcohol is being consumed at the business premises or not.  He stated that he did not know but he has told Charles not to sell alcohol on the premises. He was asked if he was aware of the number of complaints that the City has received over the last couple of months concerning his business establishment.  He said not officially.  He was asked if he sought assistance from City law enforcement to help clear out some of the people who are on his business establishment during the early morning hours.  He said he has talked with some of the officers about this and if they see them breaking the law take them to jail.  

Charles Johnson was sworn in for testimony.  Ms. Arraiz asked Mr. Johnson to tell the Special Magistrate what happens between midnight and close at this location.  Mr. Johnson said they had a couple of parties which he had asked the City for permission.  The City told him as long as there was no alcohol on the premises, they didn’t see a problem.     He said they had a garbage can out front of the entryway and if people had alcohol on them, they had to throw it away before entering the building.  He said they do not promote alcohol, only food.  They provide a little bit of music while waiting for the food.  If we’re told to turn the music down, we turn the music down.  He said anywhere they gather they need the police because there are a few bad people around.   He said when they first opened they had a couple of parties, but was told at City Hall that they could have no more. He said he didn’t know what was in the cups but they could not take the cups inside the building.  He said all the other establishments are capitalizing on the midnight money and if they are doing something wrong they want to rectify it.  They need to be there to run the bad guys off.  If you tell us not to do something, we’re not going to do it.  They’re not here to fight or argue with the Police or City Hall.  He said they were ignorant to the fact that they can’t have parties, but they’ll do whatever we want them to do.

Steve McCain said he wasn’t aware of the parties and asked when they took place.  Mr. Johnson said they had a couple of parties four-five weekends ago.  Mr. McCain asked if alcohol was served and Mr. Johnson said no alcohol was served but the people came to the café with alcohol.  He said Officer Lynch comes inside the building and gets to know the people who go there.   Mr. Johnson said they had a mixed drink called the “blue m----r f-----r”; this was a “hunch punch” that is served at parties.  Mr. McCain asked if this drink included alcohol and he said yes, a little vodka, fruit punch, some Kool-Aid; it’s a mixture of things.  Mr. McCain asked if this was the first party in July and if Mr. Barnett knew about the alcohol being served.  Mr. Johnson said he did not know.  Mr. McCain asked about the second party and Mr. Johnson said he felt like we were trying to catch him in a “catch 22”.  Mr. McCain said that was not his intent; we are trying to find out if Mr. Barnett knew about the alcohol being served at the café. 

Mr. McCain asked if he called 911 to have the police department remove the people who were consuming alcoholic beverages off the premises.  Mr. Johnson said no, they didn’t do that; but he did tell Mr. Barnett the next day that they had problems with the police who were there and saw all the cups and stuff.  Mr. McCain asked where the cups were and he said they were on the ground.  Mr. McCain asked if he went inside the business and bought a cup of ice and if he went outside and sat at one of the tables and poured himself a drink it would be like operating a bottle-club.  Mr. Johnson said before all of this came up, we probably would have said yes, but they’re not selling it to you.  If you come in and buy a dinner and ask for a cup of ice, he’s not going to follow you out the door to see what you pour in that cup of ice.   Mr. McCain asked again why he wouldn’t follow him outside to make sure he didn’t consume alcohol on the premises.  Mr. Johnson said if you’re a stranger I might go and try to feel you out but if you’re a regular person and I see you doing that I’m going to probably turn a “blind eye”.   But people aren’t coming in and buying our cups; they’re coming in with Styrofoam cups.  He said everything about this hearing is assuming.  Mr. McCain said, no you’re being truthful at this hearing and Mr. Barnett doesn’t know anything about you serving alcohol at this party in July.

Mr. McCain asked who Mr. Swoope was and Mr. Johnson said he’s a business partner.  He’s the person who was shot last week.   He was in the building and we didn’t hold back any information about who shot him.  It was his girlfriend and there had been a lot of complaints made about her but because she’s a female they didn’t do anything about it.

Mr. Johnson added that they went to the building department to find out what they needed to do to accommodate his customers.  They told them to contact the fire marshal and have him measure the space and give them a capacity level of how many people could be in there.  She said they could have 95 people without the chairs and tables.  

Ms. Linda Cox, City Clerk, was sworn in to explain the process for expanding seats at the business.  Currently, the Spot Jamaican Restaurant is approved for a 12 seat café/restaurant.  If they wish to expand they will have to go to the State and get a permit approved for expansion. The City only taxes the business and whatever they approve for the business tax receipt must mirror what the State does.  The City does not have the ability to allow him to expand his business unless the State first comes in and says it is okay.  Mr. McCain asked if anyone applying for a business, if the City Clerk’s office conducts the investigation and if it’s sent to other departments for comment?  Ms. Cox explained that the Planning and Zoning Department signs off on any application to insure that the venue where the business is proposed is zoned for that use and if any restrictions are being met.  It then goes to the Building Department who does an inspection to make sure everything is where it’s supposed to be and everything is in working condition.  Basically that the building has been approved for the use it’s applying for.  Mr. McCain asked if an applicant wanted to be able to serve alcohol does it follow the same procedure and would it also need documentation from the State? Ms. Cox confirmed that the City Clerk’s office will not process any application until the State license is approved and in place.

Rebecca Grohall, Planning Department Manager, was sworn in to explain the procedure prior to the State and alcohol licenses being approved.  The alcohol license process includes obtaining the  license application from the State.  There’s a number of sign-offs required such as Revenue, Planning & Zoning, etc.  The Planning & Zoning makes sure it complies with the State regulation as well as the City.   The City regulations are outlined in Chapter 3 of the City’s Code of Ordinances.  Ms. Arraiz asked how the seating works in comparison to the fire department.  The fire department gives maximum seating level but it doesn’t have any bearing on what they get the license for from the State.  The Planning & Zoning Department measures out the square feet, takes into consideration for bathrooms, cooking area, etc.  They take into consideration the parking area and how much is needed for their patrons at one time.  Many of the locations are authorized for the number of patrons based on the amount of parking they are able to provide.  Ms. Arraiz asked if seating outside is applied to their seating quota and Ms. Grohall said absolutely, the seating outside, if they’re not taking away from the parking or their setbacks they can utilize that but it actually depends on the parking requirements.  Mr. McCain asked if there was alcohol thrown into the picture, whether there would be additional requirements.  Ms. Grohall said there would be, such as distance requirements, requirements you can’t be 1600 ft. away from a church or a school, or another business establishment, etc.   Typically if they want to serve alcohol it is for the inside part of building, if they want to serve outside, there are other regulations.   Bringing alcohol onto the premises without an alcoholic beverage license is typically known as a bottle club and since 1982 the City has prohibited bottle clubs.

Officer Juan Alvarez, Fort Pierce Police Department, was sworn in for testimony.  He stated in the past couple of weeks he has been receiving phone calls from residents in the area of the restaurant claiming vehicles were parking in resident’s parking spaces and local businesses’ parking areas.  Because it was difficult to locate the owners of the vehicles, he issued parking tickets.  Approximately 10 were issued between August 21 and August 22.  Ms. Arraiz asked the officer if he has ever seen any drinking alcohol or any evidence of alcohol being on the premises.   He said along the parking area he has seen several bottles of liquor, empty beer cans, people walking out of the club with a plastic cup and he noticed a strong smell of alcohol when he asked if there was alcohol and of course they said no but under his experience he could tell the smell of alcohol which was coming from the cup.  Ms. Arraiz asked him if he has been inside the business while it was operating and he said yes, he did notice the plastic cups along the countertops having the same smell of alcohol. 

Officer Kyle MacCarthy, Fort Pierce Police Department, was sworn in as a witness.  Ms. Arraiz asked the officer to describe what he has seen at this location.  He said over the past few weeks he has seen a lot of empty cups on the ground that have remnants of alcohol inside of them.  He has not been inside the club.  The only two times he has attempted to enter, the doors have been closed and locked on them.  He has had reports to go out for more than 20 calls in the past couple of months for loud music, gang members hanging out, and fights in progress, large crowds, illegal parking and alcohol being served on the premises.  He and his partners have done over 43 "park and walks", which is where an officer walks around the business to insure they are up to code and there is no illegal activity going on.  At that time there are 4 to 5 officers conducting these park and walks due to the fact that there is such a large amount of people at the property.  Ms. Arraiz asked if the City Code definition for a bottle-club “facilities for consumption of alcoholic beverages by a patron on premises but not licensed to sell alcoholic beverages without regard to whether they are required to be a member of the club” applies to this location and he said absolutely. Mr. McCain asked if the officer has seen any cooking going on in the establishment.  The officer said he didn’t see a single plate of food at this place. 

Sergeant James Greco, Fort Pierce Police Department, was sworn in as a witness to what he has seen taking place at this particular location.  He said he has seen the empty plastic cups and the large crowds. They have recovered a gun from the side of the building after receiving a call that there were guns inside, illegal parking, he’s been in the business and has never seen a plate of food but seen plenty of cups sitting around.  He told Mr. Johnson that he has too many people inside the building.  He said there were cups all over the floor and it’s always the same answer “we don’t allow it here, we can’t stop everything, and we’re trying”.  There’s a closet right behind the counter where the cups are stacked, all kinds of juices, sodas, bottles of water, stir sticks, coolers filled with ice are present.   He has never seen any sign of food in the place.  Ms. Arraiz asked if the definition of a bottle club that she read earlier is in his opinion what kind of business is taking place there.  He said it’s either a bottle club or they’re actually selling liquor.  They have received an anonymous phone call that the business is charging a $20.00 cover charge and the patron can drink all they can drink.  Mr. McCain asked if the officer has ever seen any takeout food and he stated that he has never seen any food of any kind being served.  Actually the night of the shooting he didn’t even see an oven on.  At night time, the lights go off, the strobe lights come on, the speakers come on. It’s not run as a restaurant. It’s run as a nightclub. 

Sergeant Jon Smith, Fort Pierce Police Department, was sworn in as a witness to tell his experience at this location.  He said his shift transferred to weekend night shifts the first week of August.  Ever since then, they have had calls for disturbances every Friday and Saturday night.  There weren’t just two parties; they held parties every Friday and Saturday night up until this past week.  The place has been packed wall to wall.  He has seen the plastic cups inside and out.  He has seen one plate of food but it was bought from the Chinese place down the street.  Every time they go there, the parking up and down 18^th Street residential areas is out of control.  That is why he assigns Officer Alvarez to issue parking tickets and begins to clear out the neighborhood.  The 3 times he has been in the business he has observed a large stereo system that takes up half the back wall, the lights are off, the strobe lights are on and he hasn’t seen a single plate of food come out of the restaurant after 2:00 am.  Ms. Arraiz asked if it’s his opinion that a bottle club is being operated at this location and he said yes.Mr. McCain asked if the sergeant has ever experienced any difficulties getting into the building and if so, what were the circumstances and when.  He stated two weeks ago on a Thursday he went to the business around 2:00 am to make sure they were in compliance because Sergeant Grecco and him had talked to Mr. Barnett and Mr. Johnson earlier about getting into compliance, getting with the City to get the proper license.  He noticed that the music was playing, the lights were on, and the gentleman known as Mr. Swoope, who was also the victim of the shooting last week, attempted to close the door in his face and lock it.  He informed Mr. Swoope that he couldn’t do that and he needed to check on the license.  He did check on the license which still stated seating for 12 and the officer informed him until he heard different from the state he could only have 12 people inside the building at one time.

Mr. McCain stated that Ms. Arraiz had offered into evidence a copy of the business tax receipt.  He asked if she also had a copy of the license that has been issued by the state.  She said yes and offered that into evidence also.  She said there is no mention of alcohol being permitted for consumption at all and the seating is for up to 12 people at one time.  He asked if she has communicated with any one from the DBPR.  She said she has talked with Ed Weimer, the area supervisor.  He advised her that they did not have an alcohol license and in order to change the seating from 12 to even 13 or more they would receive an application from the State which would have to go to our Planning and Zoning to be approved for any increase which also includes seating for the outside of structure anywhere including the parking lot. 

Mr. Barnett stepped forward and continued his testimony to address some of the things that had been previously mentioned.  He wanted to answer the officer who said there was no food but he said he does cook and sell food.  SM Blandino said maybe he does in the day time but not at night.  How can you serve food when there’s nothing but music and strobe lights?  He said it sounds to me like a bottle club.  He said every officer talked about the smell of alcohol coming from the cups but that there was no sign of food or plates the feed were served on.  SM Blandino said problems don’t happen because of food, it begins when there is alcohol on the premises.  If he’s not serving food after 12:00 midnight he shouldn’t be open because it now sounds like a bottle club. 

Ms. Arraiz asked the Special Magistrate to find that a violation does exist. Any future events, starting now, of alcohol being found on the premises would be in violation of the business tax receipt and at that point a fine of $250.00 a day begin accruing and the utilities to be turned off.  From this moment forward if alcohol is found in the parking lot or in the building at that point they are in violation of your order and we will request a fine be started and the utilities turned off. 

Mr. McCain stated when it came to his attention, hopefully the alleged violators come into compliance and this proceeding today is without prejudice to the City and with the reservation of its rights to file additional charges of violations of our Code.  It could have been done today including Section 16-48 of the Code of Ordinances, Nuisance as an Object.  However, depending upon your Honor’s ruling we’ll get Mr. Barnett’s attention and things will come into compliance.  If not, the City is prepared to proceed.

SM Blandino said he was going to grant the City’s request and serve notice that if the police department sees any evidence whatsoever of alcohol on the premises, they will inform the Code Enforcement Department who will enforce my ruling about the fines and notify the utilities company to turn off all utilities to the building. 
 
 
 

Motion was made by Frank M. Blandino that THE SPOT JAMAICAN RESTAURANT/VINCENT BARNETT has been:

1. allowing alcohol to be consumed on the business premises.
2. operating without a valid Business Tax Receipt from the City of Fort Pierce or from the State of Florida.
3. allowing the business at said premises to be operated essentially as a "bottle club" and this is not allowed within the City under, Chapter 3 of the City's Code of Ordinances.
4. a location in which complaints of disturbance have been received from others, and, on or about September 11, 2015, a representative of the Violator was injured in a shooting which took place on or about said premises.

This action and this Order is without prejudice to and with reservation of rights of the City to pursue any additional remedies if such activity persists or reoccurs, including remedies to abate or enjoin a nuisance. In the event such activity of allowing alcohol to be consumed on the premises without a valid Business Tax Receipt from the City and license from the state persists or the violation reoccurs at any time hereafter, there shall be imposed a fine pursuant to Florida Statute 162.09 at a daily, cumulative rate of $250.00 and all utilities to said premises shall be subject to being immediately discontinued or suspended until the Violator is eligible for and receives a valid Business Tax Receipt from the City and license from the State of Florida that permits such activity (i.e. allowing alcohol to be consumed on said premises).