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IN THE CIRCUIT COURT
ELEVENTH JUDICIAL CIRCUIT
APPELLATE DIVISION
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APPEAL NO. 97-410AP
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LIQUID, INC.
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APPELLANT,
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CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION
APPELLEE.
ORIGINAL RECORD ON APPEAL FROM
THE CITY SPECIAL MASTER,
MIAMI-DADE COUNTY, FLORIDA
LOWER TRIBUNAL CASE NO. JAH97228
ROBERT L SWITKES, ESQ
PENTHOUSE SOUTHEAST
407 LINCOLN ROAD
MIAMI BEACH, FL 33139
MURRAY H. DUBBIN
CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
ATTORNEY FOR APPELLANT
ATTORNEY FOR APPELLEE
VOLUME 1
DATE OF FILING
INDEX TO RECORD ON APPEAL
KIND OF INSTRUMENT
PAGES
VOLUME 1
August 10, 1997 Notice of Violation and Fine 1
August 10, 1997 Door Log 2
(Marked Appellant's Ex. #1)
August 10,1997 Notice of Violation and Fine 3-4
(Copy front and back marked
Appellant's Ex. #4)
August 20, 1997 Request from Liquid, Inc. for an 5
Administrative Hearing
August 20, 1997 Copy of Check for Administrative Fee 6
August 26, 1997 Memo to Chief Krug re: Administrative 7
hearing request
No Date "Patron Occupiable Second Floor Plan" 8
(Marked "Appellant's Ex. #2)
October 27, 1997 Order of Special Master 9-10
November 12, 1997 Notice of Appeal to Circuit Court 11-12
VOLUME 2
December 26, 1997
Copy of Transcript of hearing of
October 22, 1997
\Sl NO 97-Mot..:t 9
CITY OF MIAMI BEACl-!
FIRE PREVENTION DIVISION
(305) 673-7123
........................................**.***...........
NOTICE OF VIOLA TlONS AND FINE
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BUSINESSNIOLATOR NAME: ;' 1/; 1/ \ /.',1
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VIOLATION/BUSINESS ADDRESS: /9.:3 tCl V[~..,;:. /;'1.1.(, ("/
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VIOLATION ISSUE DATE 'i{ I 1(.) //1 TIME: ~' ;' t.., Z A~m
't;i.. OVERCROWDED CONDITION IN EXCESS OF PERMISSIBLE
OCCUPANT LOAD.
( ) LOCKED, BLOCKED OR IMPEDED EXIT. LOCATION OF
INFRACTION:
INSPECTION OF THE ABOVE PREMISES THIS DATE REVEALED YOU
ARE IN VIOLATION OF SECTION 14-3.1 OF THE MIAMI BEACH CITY
CODE BY:
CAUSING OR PERMITIING TO ORIGINATE FROM TIIE REAL PROPERTY
YOU CONTROL AN OVERCROWDED CONDITION IN EXCESS OF
PERMISSIBLE OCCUPANT LOAD CRITERIA AS DEFINED IN THE SOUTH
FLORIDA FIRE PREVENTION CODE AND NATIONAL FIRE PROTECTION
ASSOCIATION ENTITLED "LIFE SAFETY CODE 101", AS AMENDED
FROM TIME TO TIME OR A LOCKED. BLOCKED OR IMPEDED EXIT,
WHICH IS A VIOLATION OF THIS SECTION.
GENERAL LEDGER ACCOUNT 011.8000.354.009
FIRST OFFENSE
SECOND OFFENSE & SUBSEQUENT
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THE FOLLOWING STEPS MUST BE TAKEN TO IMMEDIA TEL Y f
CORRECT THE VIOLATION: I
FINE
( ) $200.00
)($500.00
DENY FURTHER ENTRANCE TO THE ESTABLISHMENT OR IF
DIRECTED BY A FIRE INSPECTOR, VACATE PATRONS UNTIL PROPER
OCCUPANT LOAD CRITERIA IS MET. IMMEDIATELY UNLOCK AND
CLEAR IMPEDIMENTS TO EXIT.
OTHER
FIRE INSPECTOR:
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RECEIVED BY:
pOSITION:
IDENTIFICATiON:
FIRE INSPECTOR:
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TIME: ,-. '-\ i_' I-~vl
PRINT NAME:
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DATE:
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. PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORM"-
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DOOR LOG
DAY: Sc,,\ \A 'v l~CA-'~
DATE: ~\\O \'\1
STAFF:
BACKDOORENTRY FRONT DOOR ENTRY
ROPES ROPES G.:-'Z(~V
GUEST LIST GUESTLIST Lc '1\ \ e.-
CASHIER- CASHIER Ve''-L
. OTHER- OTHER
TICKET TAKER- TICKETS \jf\r. '-1-\. ,'G\r)
SECURlTY - SECURlTY~~) A \ ~ ~
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GENERAL INFORMATION:
CLICKER # 1
COMPS USED
REDUCED USED
CLICKER #2 %7
CaMPS USED \L\1
REDUCED USED 1'2.-
COMMENTS:
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.\Sl NO 97-~ ~ 9
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CITY OF MIAMI BEACH
FIRE PREVENTION DIVISION
(305) 673-7123
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NOTICE OF VIOLATIONS AND FINE
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BUSINESSNIOLA TOR NAME: .I.!
VIOLA TION/BUSINESS ADDRESS: 14:3 ~I tj[)~): // I I:~t;.,.
VIOLATION ISSUE DATE: ,S{ I / l.} I '/7 TIME:;:: 5 Z GPm
<)( OVERCROWDED CONDITION IN EXCESS OF PERMISSIBLE
. "OCCUPANT LOAD.
( ) LOCKED, BLOCKED OR IMPEDED EXIT. LOCATION OF
INFRACTION:
INSPECTION OF THE ABOVE PREMISES THIS DATE REVEALED YOU
ARE IN VIOLATION OF SECTION /4-3.1 OF THE MIAMI BEACH CITY
. CODE BY:
CAUSING OR PERMITTING TO ORIGINATE FROM THE REAL PROPERTY
YOU CONTROL AN OVERCROWDED CONDITION IN EXCESS OF
PERMISSIBLE OCCUPANT LOAD CRITERIA AS DEFINED IN THE SOUTH
FLORIDA FIRE PREVENTION CODE AND NATIONAL FIRE PROTECTION
ASSOCIATION ENTITLED "LIFE SAFETY CODE 101", AS AMENDED
FROM TIME TO TIME OR A LOCKED, BLOCKED OR IMPEDED EXIT,
WHICH IS A VIOLATION OF THIS SECTION.
GENERAL LEDGER ACCOUNT'OI1.8000.354.009
FIRST OFFENSE
SECOND OFFENSE & SUBSEQUENT
FINE
( ) $200.00
)($500.00
THE FOLLOWING STEPS MUST BE TAKEN TO IMMEDIATELY
CORRECT THE VIOLATION:
DENY FURTHER ENTRANCE TO THE ESTABLISHMENT OR IF
DIRECTED BY A FIRE INSPECTOR, V ACA TE PATRONS UNTIL PROPER
OCCUPANT LOAD CRITERIA IS MET. IMMEDIATELY UNLOCK AND
CLEAR IMPEDIMENTS TO EXIT.
OTHER
F1FEfNSPECTOR"I2j//~ Jr;${L~\ ff
... .:.... SIGNA uRE' I /
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RECEIVED BY:
POSITION:
IDENTIFICA nON:
PRINT NAME" "jq LL\'AvV\
DATE: 811lJ_~7
FIRE INSPECTOR
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TIME: '?:. ~ b ~
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IMPO~T ANT
FINE(S) MUST BE PAID BY CHECK. MONEY (~RDER OR CASH WITHIN
JO DA YS OF THE DATE ENTERED ON THIS NOTICE OF VIOLA TION AND
FINE, EITHER IN PERSON OR MAILED TO:
CITY OF MIAMI BEACH
LICENSE SECTION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33119-2032
MAKE CHECKS OR MONEY ORDERS PAYABLE TO "THE CITY.OF
MIAMI BEACH".
FINES MAYBE APPEALED WITHIN TEN DAYS AFTER THE DATE
PRINTED ON THIS NOTICE OF VIOLATION TO THE CLERK OF THE
SPECIAL MASTER LOCATED AT 1700 CONVENTION CENTER DRIVE,
MIAMI BEACH, FL 33139. A $75.00 CHECK TO COVER THE COST OF
THE HEARING MUST BE INCLUDED.
FAILURE TO PAY THE FINE OR APPEAL IN THE MANNER INDICATED
ABOVE SHALL CONSTITUTE AN ADMISSION OF THE. VIOLATION AND
A WAIVER OF THE VIOLATORS RIGHT TO CONTEST THE CITATION.
THE CITY MA Y INSTITUTE PROCEEDINGS IN A COURT OF
COMPETENT JURISDICTION TO COMPEL PAYMENT OF CIVIL FINES.
A CERTIFIED COpy OF THE ORDER IMPOSING CIVIL FINES MAYBE
RECORDED IN THE PUBLIC RECORDS AND THEREAFTER SHALL
CONSTITUTE A LIEN UPON ANY REAL OR PERSONAL PROPERTY
OWNED BY THE VIOLATOR AND MAYBE FORECLOSED UPON
BY THE CITY. J
REPEAT VIOLATIONS AND / OR UNPAID FINES MAY RESULT IN THE
IMPOSITION OF LARGER FINES AND MAY ALSO RESULT IN
REVOCATION OF. OCCUPATIONAL LICENSES AND/OR CERTIFICATE
OF USE AND/OR THE IMPOSITION OF INJUNCTIVE PROCEEDINGS AS
PROVIDED BY LA W.
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1439 Washington Avenue Miami Beach, FL 33139
305.532.9154 Facsimile: 305.532.9980
E-mail: liquid@thenet.net
August 20th, 1997
To: Clerk of the Special Master
Re: Fines Appeal
I am writing to appeal fines issued by Code Compliance against 1439 Washington
Avenue on August 10th and August 17th for overcrowding. I am requesting a hearing
with the special master, if you have any questiobns please call me on the number
above.
SinCerelY: c:v1 fL-,
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Ian Maley ~
RECEIVED
AUG 2 0 1991
CLERK OF
THE SPECIAL MASTER
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SPECIAL MASTER
CITY OF MIAMI BEACH
DATE:
08/26/97
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TO:
FROM: Lisa R. Martinez
Clerk of the Special Master
SUBJECT: ADMINISTRATIVE HEARING REQUEST
This office has received a request for an Administrative Hearing
regarding:
OVERCROWDING VIOLATION FV970029
Please indicate below if this request is timely. Thank you.
Special Master Case No.: JAH97228
Date Request Received: 08/20/97
Business Name: LIQUID INC
Property Address: 1439 WASHINGTON AV
MIAMI BEACH, FLORIDA
Petitioner: IAN MALEY
1439 WASHINGTON AVENUE
MIAMI BEACH FL 33139
Request Timely:
Date:
Signature:
7
IN AND BEFORE THE SPECIAL MASTER
FOR THE CITY OF MIAMI BEACH
Case No JAH97228
Overcrm'ldlng Violation No. FV97Ci029
UOUID INC, Petitioner
a Florida Corporation
'IS
CITY OF MIAMI BEACH, Respondent
a Municipal Corporation
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Property Address: 1439 Washington Avenue, Miami Beach, Florida
Legal Oesc.:
ESPANOLA VILLAS PB 7-145 W12.5FT LOT 3 & LOTS 4 & 5 BLK 2
B LOT SIZE 81.000 X 133 OR 141792942 & 430789 1
The Special Master of the City of Miami Beach, Florida, heard testimony at the hearing of
this cause on October 22, 1997, and based on the evidence heard, the Special Master
enters the following FINDINGS OF FACT, CONCLUSION OF LAW, and ORDER.
FINDINGS OF FACT:
1. That the portion of the ruling in Special Master case number JAH97165 that is
relevant to this case is the issue of whether or not the language in the citation is sufficient
to put the violator on notice as to his rights to appeal and as to contest the violation. I find
that the language is sufficient.
2. That the most credible witness was Mark Stone, who appeared on behalf of the
violator.
3. That there is a certain amount of agreement between the violator's witness and the
City's witness. Mr. Stone, wl10 appeared for the violator, testified that there were 270
people on the dance floor, 150 people in a room on the second floor and 30 people at the
conceSSion, for a total of 450 people, not including support personnel.
4. That the City's Witness, Lt Goldberg, testified that there were 300 people on the
dance floor, 200 people in the room and 70 people at the concession, for a total of 570
people, which mayor may not have included support personnel.
5. That there is a discrepancy of 120 people. but the fact of th.e matter IS both numbers
are well over the required occupa~t load of 416.
<1
Page 2
JAH97228
Overcrowding Violation
6. That the other remaining issue'is how to deal with the issue of a temporary increase-
I find that Section 9-1.7.2 of the 1994 Edition of the N.F.P.A. Life Safety Code alluded to
by Mr. Switkes is totally irrelevant and not germane to the Issue. That section is for the
purpose of a building which intends to increase the load and what might be the basis for
that. In the absence of any testimony regarding the violator providing the necessQry aisles
and exits, I find that this section of the Code is not relevant.
7. That there are inconsistences which need to be pointed out for the purpose of this
record. It is inconsistent that the violator would go through the trouble of having <:1 count
of people entering, a count of compo used and reduced used, but have no idea at what time
how many people had exited the premises. There was testimony as to the large amount
of people waiting outside during the period in question, but that is inconsistent with the
testimony that there had only been a total of 852 people that entered the club all night long
for approximately a six hour period.
8. That the testimony of Mr. Marcello Guillen and Mr. MauricIo RodriSluez were limited
to the sole task they had performed the night in question; clicking the number of people
that entered and exited.
9. That the testimony of Lt. Goldberg was, at best, an estimate; therefore, I relied more
heavily upon the testimony of Mr. Stone to come to a conclusion since ML Stone was able
to tell me in a more articulate manner exactly how he arrived at the count.
CONCLUSION OF LAW:
That the Petitioner, Liquid Inc., did vioiate Chapter 14, Section 14..3.1 of the Code of th(~
City of Miami Beach.
THE ORDER OF THE SPECIAL MASTER IS AS FOLLOWS:
That the fine of $500.00 is upheld and shall be paid by November 28, 1997, or the
fine shall serve as a lien on the property.
DONE AND ORDERED this 22nd day of October, '1997
EXECUTsDthi;;</1"~y of October, 1997
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By: il/tUvA
/ EUNICE L. M
City of Miami
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OCT 2 7 1997
CLERK OF THf. SPECIAL MASTER
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HARVEY RUV I N cq HO'J \ 8 PK \2: 43
CLERK J .-
C I RClIl T AND COUNTY coua'Tft' ClEHNS or-net.
APPELLATE DIVISION U
ROOM 135 - BALCONY
DADE COUNTY COURTHOUSE
73 WEST FLAGLER STREET
MIAMI. FL 33130
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NOVEMBER 12, 1997
DATE NOTICE OF APPEAL FILED WITH COURT: NOVEMBER 10, 1997
CITY CLERK
CITY HALL OF THE CITY OF MIAMI BEACH
1700 CONVENTION CENTER OR
MIAMI BEACH, FL 33139
Dear Mr./Ms. Clerk:
Th I s I s to adv I se you of the f i I I ng of a Not I ce of Appea I f i I ed In
the matter of:
L I QU I 0, I NC .
vs.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION,
from a hearing by the CITY SPECIAL MASTER, case number JH97228, and
upon the order of the CITY SPECIAL MASTER from whose order dated
OCTOBER 27, 1997 th I s Appea I I s taken.
The case number ass I gned by the C I rcu I t Appe I I a te Court to th i s
appeal Is 97-410AP. All future materials filed In this action must
be filed with this office and Include this number In the style of
the case.
The names of the Appe I I ant, Appe I I ant's counse I and Appe I I ant's
counsel's address on record are:
APPELLANT: LIQUID, INC.
APPELLANT'S ATTORNEY: ROBERT L. SWITKES, ESQ.
ATTORNEY'S ADDRESS:
PENTHOUSE
407 LINCOLN ROAD
MIAMI BEACH, FL 33139
ASSISTANT ATTORNEY:
Your office may be receiving directions from the Appellants'
counse I as to the preparat i on of the Record on Appea I. P I ease
review Rule 9.190 of the Florida Rules of Appellate Procedure. If a
LTR3
11
record Is required to be prepared by your office please read Rule
9-200 for the content, formatlng and binding of the record. Please
do not rely on stapl ing record In one corner. Please find attached
sam pie s 0 f the co v e r she e t ; I n d e x p age and c I e r k . s c e r t I f i cat Ion
that are part of the record that you prepare.
Shou I d you have any quest Ions that th I s of f I ce may answer, p I ease
cal I 375-5955.
Sincerely,
HARVEY RUVIN
CLERK OF THE CIRCUIT COURT
BY
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THOMAS J. STEVENS
Deputy Clerk
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LTR3
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, Lisa R. Martinez, Clerk, CITY SPECIAL MASTER, Dade County, Florida, DO
HEREBY CERTIFY that the foregoing pages 1 to 12 inclusive, contain a true and correct
recital and inclusion of such original papers and proceedings in the case of:
LIQUID, INC.
APPELLANT,
vs.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION
APPELLEE
as appears from the records and files of my office that have been directed to be included
in said record.
Volume 2, comprising Pages 1 to 164 embrace the transcribed notes of the reporter
as made at the trials and certified to me by Rita Bernstein, and bound under separate
cover.
IN WITNESS WHEREOF, I have set my hand and affixed the Seal of CITY OF
MIAMI BEACH.
ROBERT E. PARCHER
CITY CLERK
J~ /3, )9'i[J
DATE OF NICE J
BY:
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L~A R. MARTINEZ a
CLERK OF THE SPECIAL MASTER