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Minutes 11-07-13 MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING HELD ON THURSDAY, NOVEMBER 7, 2013, AT 6:30 P.., IN CHAMBERS AT CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Michael Bessell, Chair Charles Seaman, Board Counsel Beverly Agee Nancy Byrne, Development Director Sanford Guritzky Bram Maravent, Special Counsel George Neger Timothy Rurey A. Call to Order Chair Bessell called the meeting to order at approximately 6:31 p.m. B. Acknowledgement of Members and Visitors Roll call revealed a quorum was present. C. Approval of Agenda and Minutes (Minutes of October 11, 2012, meeting) Motion Mr. Guritzky moved to approve the minutes. Mr. Rurey seconded the motion. The motion unanimously passed. D. Appeals Chair Bessell explained the City would present its case first. DA. Applicant: Ken Huffman, Esquire, representing Berthilde Mondesir Reference: Business Tax Receipt — Transcom Caribbean Market & CD 1550 N. Federal Highway The Clerk administered an oath to all those intending to testify. Attorney Bram Maravent, representing the City, explained the Rules of Evidence are more relaxed, but he wanted a hearing where all the evidence was agreed upon. A packet was distributed to the members of the Board and opposing counsel. Attorney Huffman, representing the Applicant, agreed to admit Joint Exhibit A, into evidence. 1 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 The evidence was accepted by the Board. Attorney Maravent requested the Board take judicial notice of Florida Statute 849.09 Subsection 1, Prohibition against Lotteries and he distributed copies of it to the Board and to Counsel. He also distributed certified copies of the Ordinance establishing the Building Board of Adjustments and Appeals and drew attention to the Section relating to Appeal of Business Tax Receipts contained in Section 13 -18 and more specifically, the Right to Deny Issuance, Renewal, Transfer, Revocation and Right of Appeal. Chair Bessell noted the provisions reference the City's Code Enforcement Board and inquired whether the issue applied to the Building Board of Adjustments and Appeals. Director of Development, Nancy Byrne, explained the matter is an appeal. Section D explained an applicant who is denied issuance, reissuance or transfer of a Certificate of Use or Business Tax Receipt or whose Certificate of Use or Business Tax Receipt has been revoked, may within 10 calendar days of the denial or revocation, file a written appeal of the denial or revocation to the Building Board of Adjustments and Appeals. Attorney Maravent explained in this case, the denial is related to violation of a State Law Section 849.09 Subsection 1, describing a prohibition against unsanctioned lotteries. The City's task is to prove under the regulations the denial of the Business Tax Receipt was appropriate and just. They will present evidence there was an illegal lottery operation occurring at Transcom Caribbean Market and the Business Tax Receipt was denied. There are also other issues in the materials involving Transcom Caribbean Market which will be discussed Attorney Ken Huffman, on behalf of Matilde Mondesir, the owner of the market and the licensee for the Business Tax Receipt, explained they did not dispute someone was operating an illegal lottery inside the premises, it was a violation, the operators were arrested and deserved to be arrested and have consequences. Their evidence is a stranger came to the store to lease a portion of the premises to sell lottery tickets. They leased the space and were there for some time doing what the owner thought was the selling of lottery tickets. The operators were paying for the space and she was unaware it was illegal until the police came and arrested the operators selling the tickets. Since the owner learned the operation was illegal, she no longer has anything going on in her business. She was coming before the Board to advise they were unaware what was occurring was a crime. Attorney Huffman asserted the Board has the authority to reinstate her license or revoke it under the same conditions that would apply in the event of any other type of violation of the Code that was corrected. It will not be allowed again. Attorney Huffman explained they have no objection and consent to the presentation of evidence, search warrants, video and arrests as it pertained to this matter. 2 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 Chair Bessell requested confirmation the applicant sublet space in her shop for the purpose of selling lottery tickets and did not know she had to apply to the State. Attorney Huffman explained she was unaware what the individuals were doing inside her store was illegal. Ms. Agee explained in order to sell lottery tickets of which the State receives a percentage, an application has to be submitted to the State, a number obtained and be recognized as an appropriate seller of lottery tickets. She inquired if the owner had no knowledge of that. Attorney Huffman explained she was unaware of anything. She was not selling tickets, taking money, or giving out papers. She only allowed the individuals to occupy a booth inside her store. Attorney Maravent called Lt. John Bonafair to testify. Lt. Bonafair outlined his credentials. He was aware of a Joint Task Force with the Palm Beach County Sheriff's Office involving gambling operations. In response to specific questions from Attorney Maravent, Lt. Bonafair explained the matter was an ongoing investigation. He participated in the Task Force and has supervised some of the operations that took place during that time period. Bolita, also known as "Bullet" is a Latin - American, Haitian gambling lottery which is illegal in Florida. It is styled as a game of chance. The numbers are generated by the Florida, New York and Santo Domingo lotteries. The numbers are randomly selected and Bolita operators can set -up their own lottery system. When the New York Lottery produced the morning or evening numbers, they would use the last three numbers in the scores as the basis of whether or not one would win on the local level. It is an organized racketeering crime which is a multi - million dollar industry in Florida. The proceeds go to illegal sources both in and out of the country and it supports organized crime. Lt. Bonafair explained the manner in which the Task Force involved undercover officers. They solicited the opportunity to participate in the Bolita ticketing. In all the cases, they were directed to a secret room within the business or a closed -off booth within the business. In some cases, there were hidden rooms with walls that swung open, and they would go inside. The numbers are issued and could be monitored because they are published nationally, online and on TV. The participant comes back and collects the winnings. Every time there is an investigation and an undercover officer goes inside one of the businesses, a report is written and investigative funds are used to purchase the tickets. For court purposes, the officers are wired for video and audio evidence. They enter the premises, make the purchase, return with the evidence and the information is recorded and documented. The specific documents for this case are included in the Board's meeting materials. Lt. Bonafair had reviewed the reports written by the undercover agent who works with a different agency and the reports from the Boynton Beach Police Department. Where possible, he reviewed the videotapes. 3 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 Lt. Bonafair indicated Bolita activity occurs every once in a while. It is suppressed but re- emerges in different areas. This was the first Bolita Task Force they participated in. He was familiar with the events of July 12 ". Surveillance video taken that day was viewed by the Board. Lt. Bonafair explained the video shows an undercover officer interacting with the staff to obtain direction where the booth was. The booth was completely covered and had markings. Very little was shown in order to protect the identities of the individuals working behind the booth. Lt. Bonafair pointed out the undercover officer being directed to the back of the store. There were small slits over the window and wood over the glass. The odds were posted on the outside of the booth. A Bolita ticket was viewed with the odds. Lt. Bonafair noted the location was a small convenience store specializing in Caribbean -type food. Another buy at the same establishment took place later that day. Attorney Maravent inquired if it was possible to see the Bolita operation in the establishment when entering the store. Lt. Bonafair responded it was not. In this instance, it was a booth, not a hidden wall and the booth had small windows. Bolita operations tend to be robbed a lot because they deal in cash. As a result, the locations are not secure and the robberies are not reported because the activity is illegal. The second purchase occurred at the establishment at 13:50 hours. The purchases were consistent with the information contained in two emails the Board had, which were narratives from the undercover officer's report. Lt. Bonafair explained they were targeting one issue, even though there were slot machines. They were unable to prove if the slot machines gave cash payouts. There were 35 to 40 stores targeted in the operation that were simultaneously hit with search warrants. Compared to the Bolita operation, the slot machines were minimal. Mr. Rurey commented he saw on the front door there was a Florida Lottery logo and inquired if Florida Lottery tickets were sold on the premises as well. Lt. Bonafair explained they were and the Florida lottery tickets were sold in the front of the store by the clerks. It was separate from what occurred in the back. When asked if the location of the booth was original to the store or added later, Lt. Bonafair thought it was probably modified from the store room. Ms. Agee inquired if confidential informants were used to determine which stores or locations had Bolitas. Lt. Bonafair responded the Task Force received information Bolita was occurring, and they then went to every store. Attorney Maravent inquired what occurred after the undercover agent left the store. Lt. Bonafair explained they like to make two buys at an establishment, hence the morning and afternoon purchases. Based on those circumstances, they established probable cause and submitted for a search warrant for the stores in Boynton Beach. 4 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 Ms. Agee inquired if it was determined the Florida Lottery monies were legally sent to the State. Lt. Bonafair did not think there was anything illegal as it pertained to the ticket sales for the Florida Lottery. Surveillance was conducted and there was normal activity. Attorney Maravent directed the Board to the exhibits. Lt. Bonafair explained the supplemental reports describe the search warrants as executed at the businesses. Attorney Maravent had a copy of the search warrant which he delivered to Ms. Byrne and opposing counsel as the City's Exhibit 1. Lt. Bonafair explained the search warrant basically formalized the operations along with each exhibit which were the undercover purchases made at the store. The warrant listed what the Officers would take. These were items such as financial instruments, bank statements, currency ledgers, receipts and any evidence that would indicate a Bolita operation was occurring. This included gambling paraphernalia such as time stamps, accounting paperwork, and cash registers which were all entered into evidence. The second page of the warrant had the name of the business owner and the description of Bolita. Lt. Bonafair identified a standard Bolita ticket. Possession of a ticket is a misdemeanor in Florida. They found the tickets on customers, in their wallets, and all over. It was indicative of a lot of business. There was a time stamp reflecting 11:51 a.m. and a similar ticket was marked New York p.m., instead of New York a.m. Lt. Bonafair advised the agent purchased a ticket for the New York a.m. and copies of the actual tickets which were time stamped were viewed. The operation used paper as both a ticket and a receipt. The amount wagered is written down. The search warrant discussed the odds were the ratio of money paid versus possible winnings. Attorney Maravent asked what resulted from the search warrant and if it was contained in the report. Lt. Bonafair responded the members saw the pictures of the booth, the tickets, the paraphernalia associated with a Bolita operation and the cash. The individuals at Transcom were arrested that day, which was indicated in the Boynton Beach Police Department report for the execution of the search warrant, in the supplement to Case No. 13- 036203. Five individuals were arrested that day. Lt. Bonafair testified he was not present when the search warrant was executed. He was the Supervising Officer. In this case, they arrested individuals for possessing Bolita tickets, some of which were over a month old, and some individuals for being in the booth and participating in the Bolita operation. There were tickets everywhere. Outside, individuals ran from the store when the search warrant was executed, but inside, it was well contained. They used the SWAT team for the manpower to simultaneously execute the warrant because there were three businesses in the plaza operating Bolita. 5 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 When asked, after reviewing all the reports and video, if there was any way in his opinion the owner of the business could not know the illegal lottery operation, known as Bolita or Bullet, was being run there, Lt. Bonafair responded, "No. There is no way." Ms. Agee inquired if the person operating the Bolita business would have known there were Florida Lottery tickets being sold in the front of the store by the store clerks. Lt. Bonafair responded they would. Ms. Agee noted another form of lottery tickets were sold in the back of the store and she inquired if the owner would be on notice that it was unusual to have lottery tickets in the front of the store sold as Florida Lottery tickets and slips of paper which are Bolita tickets sold in the back. Lt. Bonafair felt a reasonable person would say something was not right about the operation. Chair Bessell inquired if the individuals arrested were the individuals accused of selling illegal Bolita tickets, and if the owner of the store was arrested or charged as the premises was her store. Lt. Bonafair clarified if an individual operating a booth is not in the booth or have possession of a Bolita ticket, they could not establish probable cause for their arrest because the actual act of selling is the crime. Having it in the store does not fit the criminal statute for the prosecution. Attorney Maravent explained criminal and civil standards are completely different. It does not mean 'that under civil law, the owner cannot be held accountable. Chair Bessell commented the Board is being asked to uphold or deny her appeal for the store license. Chair Bessell did not understand what the store owner may or may not have done wrong other than let the individuals operate. Lt. Bonafair explained it is a criminal act to run a gambling house or store but knowledge has to be proven Mr. Neger inquired if the owner received monetary gain. Lt. Bonafair replied she did. Discussion turned to whether the owner was guilty civilly. Chair Bessell explained the Board is not to find guilt or innocence, only to uphold or deny the revocation of the Business Tax Receipt. Lt. Bonafair noted if the owner had knowingly allowed the individuals to come in and use the premises for the operation, she would have been arrested. The owner refused to talk. He believed the owner knew and was participating in the operation because the video showed the Officers being directed to the back of the store, which to him was a clear indication they were aware of what was occurring and participated in its furtherance. Ms. Agee inquired if they came into contact with Ms. Mondesir. Lt. Bonafair responded only during the execution of the search warrant. Ms. Agee explained there was no connection with her and the operation in the back, except that she allowed people to sub -lease the back of the store. 6 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 Mr. Guritzky explained if there was a sub - lease, there should be an agreement. He thought it was the owner's responsibility to have an agreement and the sub - tenant have a license. If they do not, their operation would be illegal. Attorney Huffman reviewed Section 13 -18, C and explained the Ordinance gives the Board the authority to revoke the Business Tax Receipt in cases where the business is in violation of any applicable City, County or State Law. He inquired of Lt. Bonafair if Ms. Mondesir was in violation of any laws. Lt. Bonafair indicated they only made the decision to go after the main players in an organized crime Attorney Huffman inquired if it was Lt. Bonafair's conclusion that Ms. Mondesir knew the individuals were doing something illegal and Lt. Bonafair responded it was. Attorney Huffman inquired how he knew that. Lt. Bonafair explained his conclusion was based on the activity taking place and the video, that the individuals working in the store were well aware criminal activity was taking place, and it was impossible not to know in a small store that criminal activity was taking place. Attorney Huffman commented he was not questioning someone was in the back of the store in the booth exchanging money for tickets. His question was if Lt. Bonafair knew that Ms. Mondesir knew that what was occurring constituted a crime. Lt. Bonafair could not say. Development Director, Nancy Byrne, testified she is responsible for overseeing the Development Department which was comprised of Building, Planning and Zoning and Development Services which includes Business Tax. Ms. Byrne was notified by Lt. Bonafair on August 8th of the activity and contacted the City Attorney's office. She worked with the City Attorney's office to draft a letter of revocation which was mailed on August 22 "d . At that time, they pulled the records of all the businesses that were in question. The license for the business was pulled. It was a business master which showed the last time the business was legally licensed by the City was in 2010. There have been no renewals since that time. The burden of renewal is on the business owner. Attorney Maravent questioned when a Bolita operation is located in an establishment, if it constituted a sub - lease. Ms. Byrne pointed out if a primary business owner has a sub - tenant that is running a separate business, the sub - tenant would be required to obtain a Business Tax Receipt. Ms. Byrne advised it is the responsibility of the person operating the business to get the license and the violation goes against the landlord. In this case, a tenant was sub- leasing and all of this would eventually have gone against the plaza owner. She commented a tenant is placing their own lease at risk by sub - leasing to another person 7 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 who is not following the City Ordinances because the plaza owner may choose to evict them. Ms. Agee inquired if the plaza owner was also responsible to ensure all tenants have Business Tax Receipts. Ms. Byrne noted the Code indicates the penalties are against the property owner. Ms. Agee queried if there were procedures to review expired Business Tax Receipts and determine if they should be revoked for not renewing. Ms. Byrne pointed out the Business Tax Receipt inspector position was eliminated. The City is addressing the issue, but it is a slow process. If the owner came in for a renewal, a follow -up inspection would have occurred at the site by the Building Department and they would have noticed the building modifications in the back and identified a sub- tenant. Ms. Agee asked about the process for businesses with expired licenses coming in and paying the back taxes. Ms. Bryne responded they would be taken before the Code Board for arrearages and have the option to bring the amount current or close the business. Attorney Huffman asked if Ms. Mondesir or her sub - tenant failing to renew her license for a number of years was part of the reason the license was revoked. Ms. Byrne explained it was not and that issue was discovered after the fact. Attorney Huffman requested confirmation there were a variety of other problems, but they were not really within the basis for the revocation and not part of the hearing. Ms. Byrne responded they were not. Attorney Maravent explained Section 13- 18.A.1. of the Code provides the City with the right to refuse, issue, reissue or transfer a Business Tax Receipt if issuing a license would result in a violation of City, County, State or Federal laws. He inquired if there were any City violations regarding a sub- tenant conducting an illegal operation and Ms. Byrne did not know. Attorney Maravent asked if the sub- tenant violating a State Law would prevent the issuance of a Business Tax Receipt. Ms. Byrne replied it would and under normal circumstances, there would have been a period given to rectify the violation. If the sub- tenant was discovered as an illegal sub - tenant and eviction was done, it would have been considered corrected. Chair Bessell inquired if the illegal activity is removed, could the business owner re- apply for a Business Tax Receipt and learned it would depend on the outcome of the hearing. Attorney Maravent summarized there was proof an illegal operation was occurring at Transcom Market. The tenant knew the operation was occurring and allowed it to occur for a period of time knowing it could be illegal. There is a joint risk. There was a 8 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2 violation of a law and the non - renewal of the Business Tax Receipt was appropriate by the Development Department. Attorney Huffman directed the Board to Section 13 -18, sub - section C, which specified, "the City has the right to revoke within 15 days of written notice, any certificate of use or Business Tax Receipt granted under this Chapter, issued to any person whenever it is made to appear that the business method, or operation or work being conducted or carried on by the business, constitutes the violation of any applicable City, County or State law." It was established that something was going on in that space that violated laws, and it was done by a sub - tenant or people that were not part of Ms. Mondesir's business. He commented she knew they were inside, but Lt. Bonafair testified she was not arrested because he did not know if Ms. Mondesir knew what they were doing was a crime or not. Ms. Mondesir may have had an illegal sub - lease, which violated her lease with her landlord, but it was not a violation of law. The issue for the Board is whether Ms. Mondesir knew the business inside the space was violating applicable State or County laws and there was no evidence that she did. Attorney Huffman referenced in 13 -18 (E), "the Board has the authority, upon evidence that the Code Violation has been corrected to permit the reinstatement of the Business Tax Receipt." The City's evidence is they removed the sub - tenant, charged three people inside and two people outside the booth having Bolita tickets and they are being criminally prosecuted. There is no Bolita there anymore. Attorney Huffman explained there was no evidence Ms. Mondesir or her business violated any law and if the Board is convinced she was involved in some violation of the law, the violation was cured and corrected and Board can reinstate. The City has observed a number of other issues having to do with her failure to have her license reinstated and she will have to apply, pay back fines, re- inspect and go through the process. Attorney Huffman contended she should not be put out of business and she is entitled, upon compliance with other issues, to have her license reinstated. Mr. Rurey commented the testimony is she had no idea of what the sub - tenant was doing, but she operates a legal lottery in the front of the business under the Florida Lottery guidelines with a full understanding of what is required. She leased a space to a tenant, accepted funds for the lease and allowed them to operate and refused to do something about it. 9 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2 Attorney Huffman explained he had asked Ms. Mondesir the same thing and she responded she did not know it was illegal; it was being done in broad daylight and was occurring in many other establishments in the mall. Ms. Agee inquired whether she had an obligation as a licensed business owner and established Florida Lottery vendor, to determine what was occurring in the back goes to the State, to her or the landlord. Attorney Huffman thought there may be a moral duty to do so and that a reasonable person would have wondered about what was occurring in the back of the store. The issue is deciding whether Ms. Mondesir or her business was doing something that violated State, Local or City law. She did not violate the law or she would have been arrested. Mr. Neger thought ignorance of the law is not an excuse for breaking the law. Attorney Huffman agreed and reiterated the question was whether Ms. Mondesir broke the law. The fact that she did not know they were illegal is not a defense to selling the Bolita tickets. She was not selling Bolita tickets. Mr. Neger explained she did get a license to sell Florida lottery tickets so she was aware there are requirements with laws and licensing for lotteries. Attorney Huffman explained even if she knew the activity was illegal, the permit was not revoked because of it. It was revoked because she was doing something illegal and there has been no evidence she was. Mr. Neger expressed her accepting payment from the proceeds of the activity made her a party to it. Mr. Guritzky inquired if it was the landlord's responsibility to ensure the individuals subletting the space have a tax license. Attorney Huffman did not believe so. Mr. Neger spoke as a retired general contractor, and explained as the primary contractor, he had to ensure his sub - contractors had certificates of insurance and a license. Attorney Huffman argued there was no law that required Ms. Mondesir to check to make sure the sub - tenant had a Business Tax Receipt. She is no longer doing anything wrong there and it would be appropriate for the Board to let her get back to business. He was confident that inspections in the future would not reveal any booths in the back selling Bolita tickets. Motion Mr. Neger moved to uphold the City denying her Business Tax Receipt. Chair Bessell asked if there was a second to the motion to uphold the City's revocation. Mr. Guritzky seconded the motion. Ms. Agee wanted to recognize the difference between the criminal issue of whether she did not know and they cannot prosecute her versus the civil issue which is it was in her store and she had an appropriate Florida Lottery and an inappropriate Bolita Lottery. It seemed to her that civilly there should be some recognition that she has responsibility 10 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 for that, and she violated that portion of Section 13.8. She was troubled by it and thought perhaps the license should be revoked. The recording secretary called the roll. The motion to revoke the license passed 4 -1 (Chair Besseg dissenting.) D.2. Applicant: Vanel Jean - Gilles Reference: Business Tax Receipt — Aux Antilles Barber Shop 1600 -10 N. Federal Highway Explanation: Applicant is appealing Code of Ordinance, Part II, Chapter 13, Section 13 -18 Attorney Maravent explained under the Code, a Business Tax Receipt can be renewed or rejected for three reasons. The applicable reason is the violation of Local, County, State or Federal Law. This case is not unlike the first case with an illegal Bolita or Bullet operation. Testimony, evidence and video will show that the Aux Antilles Barber Shop housed an illegal lottery and the City had the right not to renew the Business Tax Receipt for the business. Vanel Jean - Gilles, the owner of the Barber Shop, was representing himself. He explained guys came to him and asked to share the shop, but did not tell him what they would do. When they started the Bolita Lottery, he knew about it, but they had paid him three months in advance and he had spent the money. He told them after that time period he would not allow them to continue. Before that time period ended, the arrests were made. He apologized for that and begged for a pardon. The Bolita operators are not there and they will never be there again. Attorney Maravent conferred with Mr. Jean - Gilles and the portion of the packet dealing with Item D -2 was offered into evidence as Joint Exhibit A. He requested the Board take judicial notice of the entire Statute 849.09 and Ordinance 12 -012 as presented in the first case. A second copy was distributed to the Board. Lt. John Bonafair testified about his experience and advised he was the supervisor in charge of operation for the execution of the search warrant. He explained a Bolita or Bullet is an illegal lottery- styled game of chance according to Florida Statutes and is popular in the Latin and Haitian communities. Lt. Bonafair was familiar with the Palm Beach County Sheriff's Office investigation regarding Bolitas, which targeted small stores conducting Bolita operations. He had reviewed all the reports, surveillance video, and any other evidence confiscated from any businesses involved in the investigation. 11 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 An undercover agent went into the Barber Shop and purchased Bolita tickets on two separate occasions. They established probable cause, and applied for a search warrant, which was approved. Lt. Bonafair was familiar with the events of July 12 at the Barber Shop. The surveillance video was viewed and narrated by Lt. Bonafair. A brief conversation ensued with the applicant and the agent was directed to a booth in the back of the business. The undercover officer was supplied with money to purchase Bolita tickets at the establishment. The booth had a small window in a small, almost closet -sized office. In this situation, an interested buyer goes in to make a purchase, walks right through the business and hands money to the window and receives a ticket for the money. This was all local traffic. He felt the applicant was suspicious with the undercover officer and was not forthcoming initially. It took a brief conversation before the Officer was directed where to go. After the surveillance operation was performed, a search warrant was executed on July 26 simultaneously with four others in the City for the same operation. The supplementary reports included what was taken from the shop, booth, cash in the drawer, and the time stamp device for the Bolita tickets. There was no other type of lottery sold at the premises and there was no other business at the premises except the barber and hair cutting portion of the shop and the illegal operation in the back. A statement was the basis for placing one of the Bolita operators under arrest. Statute numbers 849.09.1. A, B and D were provided to the Board. Section D covered aiding or assisting and being in possession of a Bolita ticket, which is what the applicant was charged with. The individual in the booth was arrested, the applicant was arrested for possession, they seized the gambling paraphernalia and money as a result of the gambling operation. It was all submitted for the Business Tax Receipt revocation. After Lt. Bonafair's review of the video, reports and evidence, he concluded there was no way the business owner could not be aware an illegal Bolita operation was being run from the establishment. The applicant was charged under the Statute 849.09 H. He also was aiding under Statute 849.09 D. Lt. Bonafair advised the investigators had spoken with the applicant who was not forthcoming. Attorney Maravent reiterated the City has the right to not renew a Business Tax Receipt if a violation of Local, County, State or Federal law occurs. He urged the Board to examine F.S. 849.09 in total, especially aiding and assisting. Mr. Jean - Gilles had no argument to present. He asserted things happened in the store. By the time he knew about it, he had already received the money. Before the time ended, the arrest occurred. He asked for a pardon and explained the issue would not be repeated again. He asked for forgiveness. 12 Meeting Minutes Building Board of Adjustments and Appeals Boynton Beach, FL November 7, 2013 There were no further questions from the Board. Motion Mr. Rurey moved to uphold the revocation of the Business License. Mr. Guritzky seconded the motion. Roll call was taken, and the motion unanimously passed. E. Old Business None. F. New Business None. G. Announcements None. Adjournment Motion There being no further business to discuss, Mr. Guritzky moved to adjourn. Mr. Neger seconded the motion that unanimously passed. The meeting was adjourned at 8:22 p.m. Catherine Cherry Recording Secretary 113013 13