MINUTES OF A SPECIAL CALLED MEETING OF THE SPECIAL MAGISTRATE OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 2:00 PM ON TUESDAY, NOVEMBER 1, 2016.
1.
CALL TO ORDER: 2:07 PM
2.
PLEDGE OF ALLEGIANCE
3.
ADMINISTRATIVE BUSINESS
A.
ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES:
Margaret Arraiz - Code Compliance Manager
Michael Morabito - Code Enforcement Officer
FPPD OFFICERS WERE ALSO SWORN IN AS WITNESSES:
FPPD Kyle MacCarthy
FPPD Juan Alvarez
FPPD Jeffrey Wachendorfer
Margaret Arraiz - Code Compliance Manager
Michael Morabito - Code Enforcement Officer
FPPD OFFICERS WERE ALSO SWORN IN AS WITNESSES:
FPPD Kyle MacCarthy
FPPD Juan Alvarez
FPPD Jeffrey Wachendorfer
B.
IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED
4.
PUBLIC HEARINGS - VIOLATION CASES
A.
| 16-2464 | 1101 Avenue D | Wilson Sr, Darrell Brenda Brunson Christopher Wilson Sr. |
Michael Morabito |
| Case Initiated: | October 20, 2016 | Type of Presentation: | Regular |
| OWNER: Darrell Wilson Sr. Brenda Brunson Christopher Wilson Sr. 4104 AVE R Fort Pierce, FL 34947 |
OCCUPIED BY: Wilson's Game Room 1101 Avenue D Fort PIerce, FL 34950 |
Section 9-27 (B) – Doing Business without a Tax
Section 3-13 (B) Bottle Clubs
Code Compliance Manager Margaret Arraiz read the facts of the case and presented a copy of the Business Tax Receipt, which was submitted as evidence.
Darrell Wilson was sworn in for testimony. He said he had no attorney and was there representing himself.
Assistant City Attorney Mosley asked him what kind of business he operated and he said it was a game room. He had 1 pool table and his customers danced, played cards and dominoes. She asked if he sold alcohol? He said no and he was unaware of any being brought onto the premises. She asked about his business tax receipt; what kind of business was he allowed to operate and the fact that it had expired. He said he had forgotten that it had expired and renewed it once that was brought to his attention. The business tax receipt is issued for a coin operated game room/pool hall and no alcohol. He stated that when he sees someone with alcohol he asks them to leave. During Mr. Wilson's testimony he submitted his copies of photos taken by the FPPD Officers as evidence to supplement his testimony.
FPPD Officers MacCarthy, Wachendorfer, and Alvarez testified that they had been called out to the location for loud music and drug activity up to 5 times over an average weekend. When they arrive, they have observed up to 30 to 35 people milling around with red cups and drink stirrers. They are not playing pool, cards, or dominoes. The single pool table is moved to the side and DJ music equipment and speakers are on top of the pool table. Some people are dancing to very loud music. When they asked for the cups, they could smell the alcohol in them. They determined the place was being operated as a bottle club.
Assistant City Attorney Mosley submitted photographs taken by the officers showing the red cups, white styrofoam cups, the drink stirrers, bottles of liquor, and mixers on the premises, both inside and outside of the building, as evidence.
Mr. Wilson asked if the officers had any physical evidence of these items. The officers testified that they did not but that they took photos to preserve what they had witnessed.
Special Magistrate Ross continued the hearing until November 15th at 10:00 AM.
Darrell Wilson was sworn in for testimony. He said he had no attorney and was there representing himself.
Assistant City Attorney Mosley asked him what kind of business he operated and he said it was a game room. He had 1 pool table and his customers danced, played cards and dominoes. She asked if he sold alcohol? He said no and he was unaware of any being brought onto the premises. She asked about his business tax receipt; what kind of business was he allowed to operate and the fact that it had expired. He said he had forgotten that it had expired and renewed it once that was brought to his attention. The business tax receipt is issued for a coin operated game room/pool hall and no alcohol. He stated that when he sees someone with alcohol he asks them to leave. During Mr. Wilson's testimony he submitted his copies of photos taken by the FPPD Officers as evidence to supplement his testimony.
FPPD Officers MacCarthy, Wachendorfer, and Alvarez testified that they had been called out to the location for loud music and drug activity up to 5 times over an average weekend. When they arrive, they have observed up to 30 to 35 people milling around with red cups and drink stirrers. They are not playing pool, cards, or dominoes. The single pool table is moved to the side and DJ music equipment and speakers are on top of the pool table. Some people are dancing to very loud music. When they asked for the cups, they could smell the alcohol in them. They determined the place was being operated as a bottle club.
Assistant City Attorney Mosley submitted photographs taken by the officers showing the red cups, white styrofoam cups, the drink stirrers, bottles of liquor, and mixers on the premises, both inside and outside of the building, as evidence.
Mr. Wilson asked if the officers had any physical evidence of these items. The officers testified that they did not but that they took photos to preserve what they had witnessed.
Special Magistrate Ross continued the hearing until November 15th at 10:00 AM.
Special Magistrate Ross continued this meeting until November 15, 2016.
5.
PUBLIC HEARINGS - MASSEY HEARINGS (FINE REDUCTIONS)
6.
PUBLIC HEARINGS - LIEN REDUCTION REQUESTS
7.
OTHER CASES
8.
NEW BUSINESS
9.
OLD BUSINESS
Respectfully submitted:
Colleen Greer
Code Enforcement Clerk
Colleen Greer
Code Enforcement Clerk