Miami Beach Code Compliance Press Trial

MIAMI MIRROR TRUE REFLECTIONS
30December2014
RaulAguila,Esq.
CITYATTORNEY
CityofMiamiBeach
Subject:CodeComplianceMysteryCustomerReport003
DearSir:
Ihopeyouareawayonholidayandabouttoenjoyaveryhappynewyear.Whenyoureturn,I
praythatyouoroneofyourcolleagueswillexaminetheattachedreport.
NotwithstandinganyincorrectinferencesIhavemadetherein,Ibelieveitsmeritsareworthto
thecitymorethanthe$1,000finemistakenaffirmedbythespecialmasterwhenshedidnot
judge on the violation cited and appealed to her, failure to have a Special Event Permit, but
rathertookuptheissuethatthepropertyownerandhisentertainmentcompanyhadfailedto
renewhisBusinessTaxReceiptLicenseuntilfourdaysaftertheeventinquestion,thereforehe
should go Scott Free, and the event promoter instead should be held responsible for the
SpecialEventPermitonwhichnohardevidencethatitwasneededwasofferedatthehearing.
Your esteemed predecessor Jose Smith educated me on the fact that he draftedand thecity
commission adopted a resolution whereby the city managers office via someone in Finance
mayreduceordismissspecialmasterfines,andthatisinpracticedoneatthebehestoforon
theadviceofthecityattorney.Ibelievethatadismissalisinorderinthiscaseatyourbehest
before the errors that have been made thus far result in any greater waste of time and
expense. Justice would be fairly served, and the lessons already learned are valuable to
everyoneconcernedincludingcityofficials.
Mind you that I am speaking here only as a friend of the city and not as an advocate of the
defendant. As you know, I am a very critical friend of the city, and my interest is in good
government.
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Finally, please rest assured that I have the highest regard for Director HernanCardeno, Esq.
That does not keep me from believing that he is more mistaken in his opinion in this matter
thanIam,andnaturallyso.
Sincerely,
DavidArthurWalters
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MIAMIMIRRORTRUEREFLECTIONS
May2014GOOGLEpictureofScottRobins743WashingtonAvenueClub
27December2014
Note:TelephoneConversationwithFloydBosticofNOCROWDCONTROLLLC
Floyd Bostic answered from his car. He said he was returning from an event he promoted in
Mississippi. I said he would find a rough draft of a petition to rehear his case if he were
interestedindoingthat,andthatheshouldgetanattorneytohandleitifatallpossible.The
problemwiththatbeing,aseveryoneknows,anattorneysfeeswouldrunasmuchasthefine
tohandlethepetitiontorehear,and,iftheSpecialMasterwouldnotrehearordidandruled
againsthim,thefeestogotoarealcourtcouldrun$10,000 orthemore,sothe systemhas
peoplelikehimbytheballs.
BosticreiteratedtheobjectionhehadmadeattheSpecialMasterhearing,thatanyfinefornot
having a use permit or tax receipt should have been on the landlord who rented him the
premises.
Ipointedoutthatthechargeagainsthimhadnothingtodowiththatregularkindofpermit,
anyway, but whether or not he should have had a special event permit, and there was no
evidencethatheshouldhavehadone.Itwasasifhehadgottenaticketforrunningastopsign,
but when he went to court was found guilty of making a left turn. The Special Master was
inexperienced,lookingthingsupinbooksandaskingthecodeofficerprosecutingthematter.
Without another attorney there to educate her, the code officer stood by as she was misled
intothinkingthecasewasaboutwhetherthelandlordhadalicensedtousetheproperty,and
whether,ifhepaidfortherenewalfourdaysafterBosticwasthere,whoshouldbeliablefor
thefine.
MIAMIMIRRORTRUEREFLECTIONS
IsaidIwasimpressedbythefactthathehadappealedthe$1,000finetotheSpecialMaster
andhadbotheredtodriveallthewaybacktoSouthBeach.AnLLClimitsliabilitytotheLLC,so
many shady entrepreneurs, if there were no assets in the LLC, would simply form another
LLC,nameit,say,CrowdUncontrolledLLC,andleavethecityholdingtheoldbag.Evenso,ifhe
camebacktotownandwasrequiredtoapplyforapermit,hisnamewouldbeMr.Mud.
Bosticsaidhisinterestwasinbuildingagoodreputationforhispromotionalcompanysincehe
waspromotingeventsalloverthecountry.
We discussed Hernan Cardenos notion that Bostic had come down here to break the law,
thinking he could get away with it because the police would have their hands full with Black
Week.
IsaidCardenowasaniceguybutprejudicesrundeepinthesubconscious,andIrememberthe
time I was a kid and hitchhiked, from Chicago with another boy and our girlfriend from New
Orleans,downSouthtocarouseinsaloonsintheFrenchQuarter,howthecopspickedmeup
becauseIhadmilitarybootson,andwhentheyfoundIwasnotAWOL,theyheldmeasanother
body for a lineup. Thecop in the squad room had said, Yall fromChicago think you can kin
down heah and run wild. Another cop laid into me with a rubber hose, and then bread and
dirtywatercalledsoupforthreedayswithtruckdriversbustedforhavingbagsof whitepills
withcrossesonthemtheyusedtostayawake.Hopefullythingshavechanged.
Bostic said his experience had taught him not to hold events on big weeks like Urban Beach
Week.HesaidhewouldbecallinganattorneyonMonday.
ThereisstillnowordfromtheSharpton,Jackson,ortheACLU.Thisthingmaynotbeblackand
whiteenough.Nothingeveris,andthatseemstobethebigproblemwiththisworld,whatwith
allthegrays.Gee,theblacksonManhattansColumbusAvenueusedtocallmegrayboy.
December27,2014
FloydBostic
www.nocrowdcontrol.com
Viaemail
RE:DraftPetitionforRehearingCBMv.NoCrowdControlLLC
FloydBostic:
AttachedandherebelowisasuggesteddraftforaPetitionforRehearingofyourcasebythe
SpecialMaster,basedonmystudyofthecaseasajournalist,givenalltheinformationprovided
tomebyyousofarandthepublicrecord.
Beware:Iamnotanattorney,andmyopinionsmaybelegallyunsound.Idonotpretendtogive
youadviceexcepttospeakfreelyastowhatImyselfwoulddoifIwereconfrontedwiththe
recordasitexists.
Youmayormaynotdecidetoaskforarehearing.Ifyoudo,and,ifatallpossible,youshould
haveanattorneyreviewandrevisethedraft,andfileitonhisletterheadforimpact.Evenifthe
special master denies your petition, at leastyou will have preserved the objections on the
recordforappealtoarealcourt.
Thespecialmasterfacilityisadministrative,meaningthatitisquasijudicial.Thislocaltypeof
facilitywasallowedbythestatelegislatureduetopopulardemandforamorecasualprocessto
save people from the need to hire attorneysto represent them in circuit court in order to
defendthemagainstexpertauthority.However,itiswisetohavealicensedattorneyrepresent
youintheseadministrativehearingsifyoucanaffordit,becausethefacilityisbynomeansthe
popularindependentdeviceitwasintendedtobe,andhasbecomenothingmorethananarm
of the prosecuting authority. The City of Miami Beach is all of a piece and does not have
independent"branches"balancingoutthepowersthatbe.
Since No Crowd Control isan artificial person, I believeonly an attorney can file a notice of
appealwitharealcourt,i.e.thecircuitcourt,whichwouldbethenextstepifyourrequestfor
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rehearingisdenied.Thatdoesnotnecessarilymeanthatyourcasewouldhavetobeheardby
the circuit court; once the notice ofappeal is filed,you could petitiona person designated in
thecitymanager'sofficetoreduceoreliminatethefinebydismissalinpracticethatprocessis
doneviathecityattorney'soffice.
BestRegards,
DavidArthurWalters
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DRAFTPETITIONFORREHEARING
(ROUGHDRAFTFORLEGALCOUNSELREVIEW)
December29,2014
AnnetteCannon,Esq.
SPECIALMASTER
CityofMiamiBeach
1700ConventionCenterDrive
MiamiBeach,FL33139
ANNETTECANNONPA@bellsouth.net
ViaEmailandU.S.Mail
RE:JA14000277CityofMiamiBeachv.NoCrowdControl,LLC
CodeComplianceFile:CE14009437CCVIOSPECIAL:SpecialEvent
DearSpecialMaster:
ItiswithallduerespectthatIpetitionyoutohavethiscasereheardinasmuchasnewevidence
hascometolight,andtherecordrevealsthatyoufailedtoconsideroroverlookeddetailsthat
renderyourfindingserroneous.
Towit:The findingsoffactandconclusionsoflawrenderedatthehearingdemonstratethat
thedecisionwasdefinitelyrenderedinerrorinasmuchas:
1) The 25May 2014 violation charged was for not having a special event permit, and not for
743WashingtonEntertainmentLLCs(aScottRobinsCompany)technicallyexpiredusageasper
yourfinding,thepastduefeeforthebusinesstaxreceiptbeingpaidamerefourdaysafterthe
several citations of which the absence of a special event permit is the only one
surviving,paymentforthebusinesstaxreceiptrenewalperhapsbeingmadeoutofthe$20,000
theeventpromoterpaidtoScottRobinscompanyfortheuseofthehall.
2)Therewasabsolutelynohardevidenceorwitnesstestimonypresentedatthehearingthat
therewasarequirementforanextraordinaryorspecialeventpermit.
3) Any fine for the special masters finding, that there was no usage permitted and business
licensefor743WashingtonEntertainmentLLCbecauseitdidnotpaytherenewalfeeuntil29
May2014,shouldhavebeenchargedtoScottRobinscompany,thehalloperator,andnotto
NoCrowdControl,theincidentalpromoter.
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4)Thepromoterfromoutoftown,NoCrowdControl,isnotlocatedinthecityandistherefore
notrequiredtohavealocalbusinesstaxreceiptlicenseforthepromotionofasingleeventin
thecity(seeSec.102.357oftheMiamiBeachCodeofOrdinances).
5)Thecitymanagerwillconfirmthatcitypolicyatthetimeofthecitationallowedbusinesses
tooperatelongafterrenewalsweredue,pendingreferraltothespecialmaster;ScottRobins
entertainment hall company, 743 Washington Entertainment LLC, was not referred to the
specialmaster.
6)Finally,thefactthattherelatedcitationagainstthepropertyowner,ScottRobinscompany
8th Street Washington Partners Inc., for allowing an unlicensed business to operate on its
propertywasdropped(seeCE14009450dated25May2014),andthefactthatchargesagainst
743 Washington Entertainment LLC, Scott Robins company licensed for that use, were not
preferredagainsttheproperentityorweredropped,andthatNoCrowdControlLLCwasfined,
andpursuedonappealtothespecialmaster,givesgoodreasontosuspectthattheprosecution
of the matter may be intentionally prejudiced in favor of a prominent privileged person, and
mayreflectanillwilledviolationofthecivilrightsofthedefendantanditsmanagingmember
todueprocessandequalprotectionofthelawsoftheStateofFloridaandtheUnitedStatesof
America.
ItiswiththeaboveinmindthatIpraythatyouwillgrantthispetitionforrehearingforthwith.
Sincerely,
FloydBostic
ManagingMember
NOCROWDCONTROLLLC
Cc:
RafaelGranado,Clerk
CITYOFMIAMIBEACH
RafaelGranado@miamibeachfl.gov
CynthiaNeves,Clerk
SPECIALMASTER
CynthiaNeves@miamibeachfl.gov
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MYSTERYCUSTOMERREPORT003
OnCodeComplianceNarratives
ComplaintDoctor
12/26/2014
City of Miami Beach officials are proud of their mystery customer reporting system whereby it is
mandatory for each department to provide volunteers to go around and observe and report on the
behaviorofemployeesofotherdepartments.Significantimprovementsinconducthavebeenreported
since the selfreporting, conflictofinterest program was instituted. That is not surprising given a long
history of retaliation against employees for honest criticism and whistleblowing. Anything less than
100% appreciation from real (private sector) customers is frowned on or ignored by the businessman
mayorandhispurchasedmajorityonthecommission.Theircitymanagerrefersseriousprivatecriticism
no matter how constructive to his henchman for summary dismissal. It is a mystery why any real
customer would report on misbehavior if s/he had anything to lose. Beware. One such customer was
arrestedandhadhishotelshutdownforreportingoncorruption.Hissuitagainstthecityisabouttogo
totrialinfederalcourt.
The City of Miami Beach provides a socalled transparent online complaint reporting system
calledPermitManager.Thepublicmayviewreportsoncomplaintsandtheirdisposition.The
dispositiononmanyreportsisnotexplainedbyanarrativeintheDescriptionfieldofthe
publicreport.Thatis,hundredsofreportseveryyeararesimplymarkedClosedorInvalid
withnoreasongivenforhowtheywereresolvedorwhytheywereinvalid.Thepublicinterface
doesnotindicatethatanarrativeexistswhichisnotbeingshown.ThesingleDatefieldonthe
public form does not allow the viewer to understanding the timing of events; requests for
additional date fields have not been responded to. That is not to mention the fact that the
publicinterfacetoPermitManagergivesnoexplanationforthevariouscodesthatareusedto
numberthecomplaints,nordoesitotherwiseprovideanycustomerfriendlyuserguidance.
It definitely appears thatunaccountable administrators do not expect many members of the
public to examine the online forms, and expect those who do examine them not to wonder
when events occurred, and why a complaint was invalid or closed without explanation.
Constructivecriticismsofthisvirtuallyopaquesystemhavebeenignoredforalongtime,asif
officialshaveavestedinterestinkeepingitthatway.
Code Compliance Administrator George Castell stated that administrators are responsible for
making sure that officer narratives appear on the public reports, but explanatory narratives
from code officers are only visible to the public for noise complaints because that sort of
complaintisconsideredmoreseriousthanothersorts.Hisstatementiscontradictedbythefact
that narratives are sometimes put on other types of complaints, and sometimes not, and
sometimes narratives are missing from noise complaint forms. The procedure is definitely
inconsistent.NeitherhenorCodeComplianceDirectorHernanCardeno,Esq.,norCityManager
Jimmy Morales, Esq. have responded to requests that narratives be put on all complaints so
thatthepublicmayknowwhyafileisclosedoracomplaintisdeemedinvalid.
The computer or software is usually blamed for reporting faults, instead of the IT numbskull
sitting between the keyboard and the monitor.Code Compliance administrators blame the
inabilitytoquerythedatabaseinordertocompileadhocreportsonthecomputersystem.
Certainlycomplaintsaboutanightcluboperatingwithoutthenecessarystateliquorlicensesis
atleastifnotmoreseriousthananoisecomplaint.
An almost adequate narrative was indeed provided on complaint CE10009687 in regards to
alcohol being served at Club Bed at 959 Washington Avenue on 27 August 2010. If that date
werenotshowninthenarrative,thepublicmightthinkitoccurredonthefiledateof1October
2010.S/heisstillleftwonderingwhythefilewasmarkedClosedamonthaftertheviolations.
The charge was for violating Sec 62 of the city ordinance prohibiting sale or distribution of
alcoholicbeverageswithoutastatelicense.Theunlicensedsaleofalcoholicbeveragesisastate
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10
misdemeanor on the first offense, and a felony thereafter. Were violators arrested by the
police? Were violators referred to the state attorney?Was a local fine due to be imposed? If
not,whynot?Tobeliberal,orwasthereaquidproquo?
REF: REF: 08/27/10 Admin 723 and I progress checked 929 Washington Av (Club Bed) we
witnessthedoormancollecting$20.00perpersonentrancefee.Themanager(JacqueJustice)
informedusthattheywerenotchargingforthedrinkstheywereonlychargingforthemixers.
We were told by approximately fourteen patrons that they were charged full price for their
alcoholic drinks. The patrons refused to leave their info. Admin 723 requested PD assistance,
when PD arrived we inspected the location and witness people being served alcohol. There
were approximately fifty patrons inside the Establishment. We were provided with ID and
contact information by four patrons who informed us that they paid for their alcoholic
beverages. MsTeena Camacho Mr. ZanglerScaduto 21Crestwood AV 7 Bancroft St Selden NY
11784SetauKeyNY11733Tel5165271075(couplesameconinfo)Mr.RyanAndrewStrand
Mr.ToscanoLawrence420StraffordAV4DoverCirApt3,StraffordPARidgeNY11961Tel:845
2341558Tel6312941691PoliceOfficersMartinezID#351wasthemainofficeronscenealong
withSergeantEstravizID#457.Themanager(Justice)toldusthattheywerecharging$3.00for
thebeersthatwasonlytocoverthecostoftheglass.Acitycodeviolationwasissued.Acity
codeviolationwasissuedSEC62(A)Theyvoluntarilyclosedtheclub.VM
Now let us take a look at the exceedingly brief from the online narrative on complaint
CE14009440 dated 17 July 2014 against No Crowd Control LLC. Here again the file date is
misleading to the nave public, since the alleged alcohol violation occurred on 25 May 2014
during Black Week aka Urban Beach Week, an event that the police and code compliance
departments were doing their best to discourage due to unruly elements in the nearly 100%
negro participants in previous years, culminating in a police riot in 2011 when police
surrounded a car driven by one Raymond Herisse (22) and fired 116 bullets into the vehicle,
killinghim.Themajorityofresidentsdidnotcareiftheshootingwasjustifiedornotbecauseit
constitutedthetippingpointthatledtoacrackdownontheevent.
62 a Selling or Distributing alcohol beverages without a license from the division of ABT J.
Caicedo/713.
An official source, speaking on condition that his name be withheld because he was not
authorized to speak, said that Hernan Cardeno, who has commanded Code Compliance since
2012 and was appointed its director in 2014 on the basis of his stellar resume and personal
integrity in the absence of an empirical record of improved performance of the code
compliancedepartment,waspresentattheraid,aswasMayorPhilipLevineandhisfriendand
partnerScottRobins,ownerofthebuildingandthecluboperator.
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11
The liquor complaint was dropped and No Crowd Control, the event promoter, was charged
with not have a special event permit, which is required for extraordinary events on private
property. He was fined $1,000 by the specialmagistrate,not for a failure to have the special
permit,butratheronherfindingthatRobinsclubhasnotpaidtherenewalfeeforitsuseasan
entertainmenthallwithalcohol,hencetechnicallydidnothaveabusinesslicensefortheuse.
Thecityspolicyistoallowbusinesstobeindefaultofpaymentandcontinuetooperateforsix
monthsormore.
Cardeno averred that his code officer did not mislead the magistrate inasmuch as the use
permitwastechnicallyexpireduntilfourdaysaftertheviolationwhenitwasrenewedbecause
paymentwasreceived.Still,hiscodeofficeratthehearingdidmisleadthespecialmasterinnot
fullydivulgingrelatedfactsincludingthelenientpolicyofthecityregardingdelinquentbusiness
licensefees,andnotidentifyingwhoisultimatelyresponsibleforthem,andnotdivulgingthat
suchviolationsshouldgotothelicensee,andthat,afterall,thechargebroughtbeforeherwas
fornothavingaspecialorextraordinarypermit.
Infact,complaintnumberCE14009450againstRobinsbusinessdatedthatevening,25May,for
allowing No Crowd Control to operate an unpermitted business on Robins premises was
Closed without explanation. Violation: allowing a business to operate on your property
withoutaBTR.REF:NoCrowdControlLLC.P.D.onsite.J.Hernandez/739Bike.
Clearly, Scott Robins Companies, not No Crowd Control LLC, would be responsible for having
thebusinesstaxreceiptlicensetooperateitsnightclubontheproperty.NoCrowdControlisa
promoterlocatedoutoftown,doesnothavetohaveapermanentbusinesslocationorbranch
officewithinthecity;therefore,asperSec.102.357oftheMiamiBeachCodeofOrdinances,
NoCrowdControlisnotrequiredtohaveabusinesstaxreceiptlicensetooccasionallypromote
aneventinthecity.
The magistrates findings of fact and conclusions of law as per the recording of the hearing
demonstratethatshewasdefinitelyinerrorinasmuchas1)the25May2014violationcharged
was for not having a special event permit, and not for the Scott Robins Company (743
WashingtonEntertainmentLLC)technicallyexpiredusage,thepastduefeeforthebusinesstax
receiptbeingpaidamerefourdaysaftertheviolationcitations,perhapsoutofthe$20,000the
eventpromoterpaidScottRobinscompanyfortheuseofthehall,2)therewasabsolutelyno
hardevidenceorwitnesstestimonypresentedatthehearingthattherewasarequirementfor
anextraordinaryorspecialeventpermit,3)thatanyfineforthespecialmastersfindingthat
therewasnousageandbusinesslicenseforScottRobinsclubbecausehedidpaytherenewal
feeuntil29May2014shouldhavebeenchargedtoScottRobinscompany,thehalloperator,
andnottoNoCrowdControl,thepromoter,whohadobtainedacatererwithaliquorlicense
fortheevent,4)thepromoterfromoutoftown,NoCrowdControl,isnotrequiredtohavea
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12
business tax receipt license for the occasional promotion of an event in the city, 5) the city
manager will confirm that city policy at that time allowed businesses to operate long after
renewals were due, pending referral to the special master; Scott Robins entertainment hall
company,743WashingtonEntertainment,wasnotreferredtothespecialmaster,and6)finally,
thefactthatchargesagainstthepropertyowner,ScottRobinscompany8thStreetWashington
PartnersInc.,forallowinganunlicensedbusinesstooperateonitspropertywasdropped(see
CE14009450dated25May2014),andthefactthat743WashingtonEntertainmentLLC,Scott
Robins company licensed for that use, were dropped, and No Crowd Control was fined and
pursuedonappealtothespecialmaster,givesgoodreasontosuspectthattheprosecutionof
themattermaybeintentionallyprejudicedinfavorofaprominentprivilegedperson,andmay
beanillwilledviolationofthecivilrightsofthedefendantanditsmanagingmembertodue
process and equal protection of the laws of the State of Florida and the United States of
America.
TheofficialsourcepraisedthemayorfornotinterveningforRobinsatthescenethatnight,yet,
aswehaveseen,Robinswasnotfinedforoperatingaclubwithatechnicallyexpiredlicense,
nor was he fined for renting out and thus permitting an allegedly unpermitted event on his
premises.Thewrongman,incidentallyablackman,FloydBostic,waspronouncedguiltyby
thespecialmaster,whoseemedsurprisedthathehadevenhad$20,000incashtogiveRobins
forrentalofthehall.
CardenonotedthatIhadnotaskedhimforthefilesbehindthereportsintheNoCrowdControl
case.Theproblemwithsuchnarrativesisthattheycanbechangedorcontrivedaftersomeone
complainsaboutthemortheirabsence.
I had expected the public face or online complaint forms to truly represent the occurrences.
Cardenosrevelationsfrombehindthesuperficialreportsdidnotrevealanydamningevidence.
He responded to the effect that Floyd Bostic, knowing that law enforcement would have its
handsfull,hadintentionallycomedownheretoMiamiBeachtofloutthelaw,thinkinghecould
getawaywithit.Lawenforcementwasnotdeceived:officerscouldseebythelargecrowd
outsidetheclubthattherewasanintentiontoviolatetheoccupancyload,whichwouldhave
requiredanextraordinaryorspecialeventpermit.Furthermore,theonlineadvertisementsat
nocrowdcontrol.comindicatethatitseventsareforthe18pluscrowd,implyinganintentionto
serveliquortominors.Yethedivulgedfromhisfilesnorecordofallowingkidsintothecluband
serving liquor to them, nor a record of people counted within the club, the number being,
according to the promoter, far less than the maximum occupancy load.He said the liquor
violation report was Closed because the event was shut down, but did not respond to
requestsastowhytherewerenoarrests.Asfortheliquorlicenseofthecaterer,hesaidthe
licensewasnotcountywide,buthedidnotexplainwhatkindoflicenseitwasorwhyitwas
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13
inapplicable,and,ifso,whynoonewasprosecuted.Theeventincludedapoolpartyatahotel
downthestreet,whichhesaidthecitypreventedfromhappening.Obviously,thepartyinside
of the hotel is the hotels responsibility. So No Crowd Control is out $20,000 plus other
expenses including the fine, and fees will be another $20,000 if it is appealed. Too bad.
AccordingtoCardeno,thepromotertooktherisk,sothatishisfault.
Cardenonotedthathedidnotwanttotrythiscaseinthepress.Hisreasonforthatisobvious.
Bostic is not the one on trial here: the director of the code compliance department, its
administrators, the city manager, and the city commissioners are on trial. Code compliance
departmentadministratorshavenothingtoworryabout;theyhaveproventobeuntouchable
despitetheoccasionalthearrestofacomplianceofficer;quidquoprosaredifficulttodetect.
Floyd Bostic is the managing member of No Crowd Control LLC. He objected to the city
magistrates guilty ruling, saying that the hall operator should be responsible for a lapse in
licensing.Hepointedoutthatthehallwasrentedoutforeventsbeforeandafterhisevent.
Thesubsequentcomplaintrecordsareinterestinginthecontextoftheirnarratives:
Complaint XC15005514 of 30 November 2014 was made by the police department that an
eventwasoccurringatthe743WashingtonAvenueClub:
Complaint from PD. CCA726, CCO56, and I inspected 743 Washington Ave. I spoke to the
individual who was in charge at the location. The individual stated that "Black Swan" was
hostingtheevent.Wetheninspectedthelocation.DuringourinspectioneverythingwasQRU.
NotValidA.Yanes751,B.Nunez756,K.Varela726.
TheBlackSwaneventwasafashionshowfundraiserprofessedlyforFortressWomen,alocal
charityforabusedwomenandchildren.Theentrancefeewas$30,and$150forVIPs.
Cardeno distinguished this event from the No Crowd Control event. Now Robins was current
with the business license fee. Cardeno did not provide a head count to see if attendees
exceeded the occupancy load. He did not provide liquor license information. A liquor license
canbeacquiredforcharityeventsforasmallfee.Thatkindofinformationshouldappearon
thenarratives.
ThepublicwasluckytohaveevendeficientnarrativesfortheNoCrowdControlandBlackSwan
events.HereisthenarrativeforcomplaintXC15005847 madeon3 December2014aboutan
event being held at 743 Washington Avenue, where the mystery customer observed tequila
beingserved.ThecomplaintwasmarkedInvalid.
investigateeventonsite.
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14
ThiseventwasaHerraduraTequilapromotionduringArtBaselWeek,presentingtheresponses
oftenartiststothecompanyschallengetoartisticallydepicttentequilabarrels.Asubstantial
awardanddonationwasmade.ThrillistMediaofNewYorkpromotedtheevent.
Themysterycustomerwhomadetheinquirynoticedthatithasbeendismissedinlessthanan
hourafteritwascalledin.Iaskedaboutthereasonforthedismissalseveraldayslater,andwas
suppliedwithanarrativethatIhadreasontobelievewasmadedaysaftertheeventbecauseit
appearedtobeinresponsetomyquestion.Furthermore,thereportingofficersaidhearrived
at743WashingtonAvenueat7:30P.M.,whenIhadproofthatthedispatcherwasnotcalled
until 9:00 P.M. After Code Compliance Administrator George Castell supplied me with a
narrative,whichhedidnotpostonthepubliconlinerecord,Iaskedhimfortheexactdateand
time the narrative was entered into the system, because the system is supposed to be
programmedtorecordtheexactdateandtimeentriesaremaderegardlessofthefiledates.He
saidhedidnothavethetime.
12/3/14Iinspected743WashAveperXC15005847assignedtome,Iarrivedatthelocationat
approximately1930hrs.IspoketothemanagerondutyAdrienneWrightfromThrillistMedia
Group,sheadvisedthatitwasaprivateeventforVIPguestonly.Eventwilllastfrom7pmuntil
10pmtonight,sponsoredbyTequilaHerradura.Alldocumentationprovidedappearedtobein
place,Iwasinvitedinsidespaceaswell.Musicwasbeingplayedinanambientlevelduringmy
time at the location, also everything was kept inside the space and not outside on public
property. If you have any further questions please don't hesitate to letme know, thank you.
(Emphasisadded)
The narrative does not indicate what documentation was checked. For example, the liquor
licensenumberforHerraduraand/orThrillistMediaGroupifanyshouldhavebeenprovided.
The local ordinance provides that the sale or distribution of alcoholic beverages must be
licensed by the state, although the state statute seems to cover only sales and not free
distribution.ThesocalledVIPguestswerepeoplewhosigneduponline;alistwasavailableat
thedoor,andthemysterycustomerwasallowedinsidebythetwobouncersatthedoor.
IaskedCardenoforacopyofcodecomplianceproceduresmanual,butIsubsequentlydesisted
becausehewantedtotreatitasapublicrecordrequest;Ihadnobudgetforpurchasingacopy,
and am reluctant to make many requests because the previous city attorney had asked the
clerktocompileallpublicrecordrequestsIhadmade,forthepurposeofslappingmewitha
lawsuit.
When I asked for pages from the manual to ascertain exactly what documents a compliance
officer is required to ask for and to report on when investigating an event complaint, I was
informedIwouldhavetopayforresearch,soIagaindesistedasIhavenobudgetforsame.On
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oneoccasionIwasaskedtopayseveralhundreddollarsforthreeemailsthattheofficialhad
alreadyprovidedmewith.
David Arthur Walters
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SAMPLEPERMITMANAGERRECORDS959WASHINGTONAVENUE
EDITOR:TheFileDatediffersfromtheoccurrencedate.Evidencewascollectedanddisplayed
in the Description. There is no explanation or explanatory disposition coding for CLOSED,
apparently over a month later. Were there any arrests? Were liquor violations referred for
prosecution?WhywereviolationsnotreferredtotheSpecialMaster?Etc.
Case / Application / Permit Number
Type / Classification
CE10009687
CCVIO
ALCOHOL: Alcohol Sales
CODE: Code Compliance
929 WASHINGTON AV
Miami Beach, FL 33139
32340081400
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments:g
Balance
Description
2010-10-01
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
REF: 08/27/10 Admin 723 and I progress
checked 929 Washington Av (Club Bed) we
witness the doorman collecting $20.00 per
person entrance fee. The manager (Jacque
Justice) informed us that they were not charging
for the drinks they were only charging for the
mixers. We were told by approximately fourteen
patrons that they were charged full price for their
alcoholic drinks. The patrons refused to leave
their info. Admin 723 requested PD assistance,
when PD arrived we inspected the location and
witness people being served alcohol. There were
approximately fifty patrons inside the
Establishment. We were provided with ID and
contact information by four patrons who informed
us that they paid for their alcoholic beverages.
MsTeena Camacho Mr. ZanglerScaduto 21
Crestwood AV 7 Bancroft St Selden NY 11784
Setau Key NY 11733 Tel 516 527 1075 (couple
same con info) Mr. Ryan Andrew Strand Mr.
Toscano Lawrence 420 Strafford AV 4 Dover Cir
Apt 3, Strafford PA Ridge NY 11961 Tel: 845 234
1558 Tel 631 294 1691 Police Officers Martinez
ID# 351 was the main officer on scene along with
Sergeant Estraviz ID # 457. The manager
(Justice) told us that they were charging $3.00 for
the beers that was only to cover the cost of the
glass. A city code violation was issued SEC 6-2
(A) They voluntarily closed the club. VM
View Map(Click the "Back" button on the browser to return to Permit Manager.)
17
Contacts
Name
Business
Relationship
Phone
CLUB BED
N/A
APPLICANT
N/A
Name
Business
Relationship
GRAND TRINE LIMITED PARTNERSHIP

N/A
OWNER

CE14002346
CCVIO
MISC: Miscellaneous
929 WASHINGTON AV
32340081400
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-10-08
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
Violation of Section 102-311 - 102-322 Ref:
failing to remit resort taxes for October 7 days to
comply JParodi 755
Contacts
Name
Business
Relationship
Phone
ROOM SERVICE LOUNGE II LLC

N/A
APPLICANT
N/A
Name
Business
Relationship

N/A
OWNER
EDITOR: Why was the below filed CLOSED? If paid, why is there no amount and date paid
given?Forwhatperiodwerethetaxesdue?Sept30,2013?OrSept30,2014?Failureopay
taxesandobtainrenewalsbydatesduehaveseldomresultinreferencetotheSpecialMaster
inthepast.Forinstance,overhalfofsidewalkcafsinoneperiodwereallowedtooperatesix
monthsafterdelinquency.
18

CE14006370
CCVIO
BTR: Occupational License/Cu
929 WASHINGTON AV
32340081400
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-11-10
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
Sec. 102-360 Failing to renew a BTR 24 hours to
comply B.Nunez - 756
Contacts
Name
Business
Relationship
Phone
ROOM SERVICE LOUNGE II, LLC

N/A
APPLICANT
N/A
Name
Business
Relationship

N/A
OWNER
SAMPLEPERMITMANAGERRECORDS743WASHINGTONAVENUE
EDITOR: The record below misleads a nave reader into believing that the certificate of use
wasapprovedonMay18,2012.Accordingtothecodecompliancedirector,theFileDateis
the application date in this instance, and the BCU was not approved until several months
later,withashorttimelefttoexpiration.
BCU1200731
BCU
PRIMARY: Primary Certificate of Use
BLDG: Building
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
2012-05-18
APPROVED
N/A
19
Valuation
Fees
Payments
Balance
Description
$0.00
$0.00
$0.00
$0.00
743 WASHINGTON AVE DANCE/ENT W/
ALCOHOL @ 743 WASHINGTON AVE APPROX
6000 SQ FT.
Contacts
Name
Business
Relationship
Phone
743 WASHINGTON ENTERTAINMENT

N/A
OWNER
N/A
Name
Business
Relationship
Phone
ROBINS, SCOTT
N/A
APPLICANT
N/A
EDITOR:Itisanyonesguessgiventheinconsistentproceduresastowhythebelowfilewas
CLOSED,forwhattaxperiod,andiftheFileDateisthecitationdateorthepaymentdate,et
cetera,andtoknowwhythereisanotherfiledirectlybelowonthesameissuemerelyfour
monthslater,etcetera.GIGO
CE13013535
CCVIO
MISC: Miscellaneous
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-01-17
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
Section:102-311, and 102-322 failure to remit
resort tax. J. Lamons/742
Contacts
Name
Business
Relationship
Phone
743WASHINGTON ENTERTAINMENT LLC

N/A
APPLICANT
N/A
20
Name
Business
Relationship
Phone
8TH ST WASHINGTON PARTNERS INC

N/A
OWNER
N/A

CE14002347
CCVIO
MISC: Miscellaneous
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-04-18
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
Violation of Section 102-311 - 102-322 Ref:
Failing to remit resort taxes for October 2013 7
days to comply JParodi 755
Contacts
Status
Name
Business
Relationship
Phone

N/A
APPLICANT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
Payment History

CE14009435
CNOISE
LDMUSIC: Loud Music,speakers
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
2014-05-25
INVALID
N/A
$0.00
$0.00
$0.00
21
Balance
Description
$0.00
Loud music.
============================ Arrival
Time: 1:45 am Departure Time: 2:48 am We
arrived on scene.(CMunera 757 &JParodi 755)
We made contact with the complainant, city
employees. The music was not deemed to be
excessively or unnecessarily loud. We did issue
other violations at the site but the noise was not
deemed valid or plainly audible at 100 feet.
Complainant was contacted Not Valid JParodi
755
Contacts
Business
Relationship
Phone
NO CROWD CONTROL LLC C/O BOSTIC

FLOYD
N/A
APPLICANT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
Name
EDITOR: Here below again the file was CLOSED without explanation. The File Date here
apparentlyindicatestheaction(closing)date,whichisoveramonthafterthecitationdate.
NoCrowdControldidnotneedBTRbecauseitisapromotionalcompanyfromoutoftown
here on casual business, and it did not need a CU because the club itself, owned by Scott
Robins,operatingonthepremisesownedbyScottRobins,hadobtainedaBTRandCUforthe
property,therenewalfeebeingpastdueuntilpaid4daysaftertheNoCrowdControlevent
there. Too bad, said the Special Master in error, the promoter is liable for the lapse and
shouldhavedoneduediligence,etcetc.
CE14009436
CCVIO
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
2014-07-10
CLOSED
N/A
$0.00
$0.00
$0.00
22
Balance
Description
$0.00
741 SEC 102-376 Failing to obtain Business Tax
Receipt RE: Operating a night Club operating
without a BTR or CU NOV was issued and signed
by registered Agent. A.Tejeda
Contacts
Name
Business
Relationship
Phone
NOCROWDCONTROL LLC
N/A
APPLICANT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
EDITOR:Belowistheonlysurvivingviolation,afineagainstthepromoterfornotobtaininga
specialorextraordinarypermittoconductaneventinsidethepropertythatwaslicensedfor
theuseintended.NoevidenceappearsintheDescriptiontoindicateanextraordinaryevent
permitwasrequired,e.g.duetoexceedingtheoccupancyload.Thecasewasappealedtothe
Special Master, who affirmed the fine not on the basis that a special event permit was
needed, but on the basis that the club owner controlled by Scott Robins had not paid for
renewingitslicenseuntilfourdaysaftertheevent.ScottRobins,prominentdeveloper,friend
andpartnerofthemayor,gotoffScottfree.
CE14009437
CCVIO
SPECIAL: Special Event
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-05-25
BILLPEND
N/A
$0.00
$1,000.00
$0.00
$1,000.00
Violation of Section 12-5 HJimenez 752
Contacts
23
Name
Business
Relationship
Phone
NOCROWDCONTROL LLC
N/A
APPLICANT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
EDITOR:Herebelowyetagainthereisnoexplanationfortheclosure.Didthatactuallyoccur
on the File Date? No evidence appears here or in the subsequent statements of Director
HernanCardenothatIDswerechecked,thatliquorwasservedtocertainindividuals,thatthe
liquor license document shown to officers was inadequate. Cardeno first stated that there
was no license, then said there was a license but not for that location, without giving the
nameofthelicensee,licensenumber,etc.NoCrowdControlsaidithasretainedalicensed
caterertohandletheliquorandsecurity.
CE14009440
CCVIO
ALCOHOL: Alcohol Sales
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-07-17
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
6-2 a Selling or Distributing alcohol beverages
without a license from the division of ABT J.
Caicedo/713
Contacts
Name
Business
Relationship
Phone
NOCROWDCONTROL LLC
N/A
APPLICANT
N/A
EDITOR:ThebelowasaFileDateonthedayoftheevent,andwhoknowsfromtheinconsistent
postingprocedureswhenitwasactuallyclosed?Notablyitwasclosedwithoutcitationofthe
propertyowner,controlledbyScottRobins,fornothavingatenant,himselfastheclubowner,
acertificateofuse,soScottRobinsgetsoffScottFree.
24

CE14009450
CCVIO
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-05-25
CLOSED
N/A
$0.00
$0.00
$0.00
$0.00
allowing a business to operate on your property
without a BTR REF: No Crowd Control LLCAdditional violations were issued-See
CE14009436-9437-9440- P.D on site- J.
Hernandez. 739 - Bike
Contacts
Business
Relationship
Phone
8TH ST WASHINGTON PARTNERS INC % SRC

PROPERTIES LLC
N/A
APPLICANT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
Name
EDITOR: The Black Swan event was a fashion show fundraiser for a nonprofit organization.
Admission was $30 regular $150 VIP. Here the officers do not say what documents were
checked, using a police call QRU that everything is OK to support their conclusion. Liquor
licensescanbeeasilyobtainedbycharities.Didthiseventhaveone?Howmanypeoplewere
inside?Wastheoccupancyloadexceeded?OfcoursetherearefilesbehindtheDescriptions.
Publicly displayed narratives are partial or nonexistent, and can be altered as needed. No
accountability except QRU and ex post facto excuses when someone asks about a file is
conducivetonegligenceandmoralandcriminalcorruption.
Case / Application / Permit Number XC15005514
Type / Classification XC-COMP2
COMPLNT: Complaint
25

Address 743 WASHINGTON AV
Parcel Number 42030040690
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-11-30
INVALID
N/A
$0.00
$0.00
$0.00
$0.00
Complaint from PD
___________________________________________________
CCA726, CCO56, and I inspected 743 Washington Ave. I spoke
to the individual who was in charge at the location. The
individual stated that "Black Swan" was hosting the event. We
then inspected the location. During our inspection everything
was QRU. Not Valid A.Yanes-751,B.Nunez-756,K.Varela-726
Contacts
Name
Business
Relationship
Phone

N/A
CONTACT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
EDITOR: The Description below is wholly inadequate and misleading. This was an event
hostedtopromoteatequilabrand,andliquorwasserved.CodeComplianceprovidedfurther
information that was false in some detail. Was there a liquor license? The city requires a
licenseforbothsaleanddistributionofalcohol.

XC15005847
XC-COMP2
COMPLNT: Complaint
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
2014-12-03
INVALID
N/A
$0.00
$0.00
26
Payments
Balance
Description
$0.00
$0.00
investigate event on site.
Contacts
Name
Business
Relationship
Phone
ANON
N/A
CONTACT
N/A
Name
Business
Relationship
Phone

N/A
OWNER
N/A
27
CORRESPONDENCE FILE
743 WASHINGTON AVENUE
BLACK WEEK 2014
NO CROWD CONTROL LLC
Certified True and Correct Facsimiles of Emails
Dec. 14, 2014

To: Hernan Cardeno, Esq., Director, Raul Aguila, Esq. City Attorney, Aleksandr Boksner, Esq.,
Assistant City Attorney
Mr. Cardeno,
I have gone over your comments again, and they make it clear that the information displayed on
the public website actually obscures the reality of the situations and events.
No, I did not ask for the case files because I believed the truth was reflected on Permit Manager
Velocity Hall. Time and time again people have complained about missing narratives. I have
complained about that, and have made constructive suggestions such as better codification,
disposition narratives, more date fields, et cetera, to no avail.
Helping the city is thankless because officials do not want help, for good reasons, I suppose, not
all of them ethical.
The lack of transparency has no doubt given Code a wrongful black eye in many instances
because false inferences are naturally made from the obscure face it provides to the public. The
maintenance of that superfice for the last few years however gives many of us reason to suspect
that either Code is badly managed or corruption is at play.
As for this instant case, you seem to be stating that Scott Robins is to blame for allowing the CU
on the hall to lapse, and of course the misuse of the hall during the lapse was not reported or
complainants failed to get hard evidence, so it did not exist for all intents and purposes.
Page1of9
28
And you seem to believe that the property owner is not to be charged for misuse, as owners
elsewhere are held responsible for violations.
No, you characterize the person who rented the property for the use advertised as an immoral
person intending to break the law as if he knew what is was.
I cannot read your mind, but I believe that disposition is due to White Fright hysteria.
Interestingly, you say the police department instigated the investigation because a large crowd
was outside the club.
Everyone arrested is as guilty as everyone in prison is innocent?
Well, I was a block away, and there was a large crowd of black people everywhere. That was
scary! Perhaps you will run background checks on this alleged outlaw? And maybe the rental
agreement should be examined as that might clear some things up.
At this point it appears that in this city the property owner is responsible for allowing the misuse
of his property unless his name is Scott Robins or there is a black man to blame.
Barratry is not my game, but I would like to see this one in court. Hopefully someone will get the
case files and make hay.
Hope you had a relaxing weekend,
The David
13 December 2014
Re: Did Code Compliance Mislead the Special Master?
Dear Director HernanCardeno:
Thank you very much for your commentary on my article, which was in part based on the
hearing before the Special Master. I do not know what you look like, so I did not recognize you
there. I believe you misunderstood what was said at that hearing. I suggest that you have the city
attorney transcribe the audio recording for your convenience.
Mind you that I intend to speak here with all respect due under the countys Bill of Rights, which
implies that citizens must have respect for officials in order to have any rights.
I certainly am hoping that someone with a clear conscience will examine the record itself, which
speaks for itself, because anyone who knows what evidence is will know that the answer to the
above-captioned question is Yes, whether or not the misleading was inadvertent, and that
nothing you have said on the record thus far actually supports the specific charge brought against
this small businessman, that he did something requiring a special event permit. That it was
Page2of9
29
merely suspected that an ordinance would be violated is not a violation, although preventative
measures ensure compliance.
Indeed, your defense of official behavior could be rephrased, if you were the defense attorney on
the case, to show that the small business charged did nothing wrong, that the wrong was done to
him, and the city should be held responsible. It you had sat down with him as I did after the
hearing, you would know that he is not some sort of monster descended on the City of Miami
Beach intending to violate its labyrinthine ordinances.
It is telling that Floyd Bostics company and not the property owner was cited in the first place,
even though the property owner was certified to use the property as it was being used, a fact that
was neglected in this instance due to prejudicial blindness induced by White Fright.
Again, anyone who knows what evidence is, and I assume that would especially include anyone
competent to practice law, and who had a conscience notwithstanding, would not only have the
charges dismissed and apologize to Mr. Bostic, but would also do what they could to help him
get a refund or at least compensatory use of the space, which sits dormant 95% of the time
because it is not being put to its highest and best use.
That response to the facts would be far more ethical than the defensive posture that seems to be
the norm since so many high administrative positions in the city were filled with consiglieri. It
reminds me of what Sam told me on Rush Street when I was a runaway kid in desperate need of
gainful employment: that the government is as bad as the Outfit, so it is best to not apply with
either.
It is on a hopeful note and in good faith that I look forward to a charitable resolution of this
matter, wishing you and your staff the happiest of holidays.
Sincerely,
David Arthur Walters
LINK: BLACK WEEK SCARE HAUNTS MIAMI BEACH OFFICIALS
Dec. 12, 2014

From: Hernan Cardeno, Esq., Director Code Compliance, Police Officer, FBI Liaison
To: David Arthur Walters
Cc: Raul Aguila, City Attorney, Alexander Boksner, Esq. Police Liaison
David,
Code did not mislead the Special Master. There was no misstatement by the Code officer.
From your article, Black Week Scare Lingers in Miami Beach, December 12, 2014, you reported
(as quoted):
Page3of9
30
The property owner has had permit BCU1200731 for a dance, entertainment hall
with liquor sales until 5 am since May 18, 2012, this statement is not accurate. 5/18/12
is an application date, not the date issued (see email below). The date the BTR was first
issued was on 5/13/13 and expired 9/30/13.
Ticket CE14009440 against No Crowd Control for selling liquor without a
license was closed out on July 17. Bostic said that was because the catering company
had a countywide liquor license for events, this statement is not accurate. The case was
closed because of immediate compliance/alcohol sales ceased. The liquor license
produced was for a different location and certainly not countywide.
A check of the online records indicates that [the] Code Compliance Officer
misled the Special Master with a misstatement, the Code officer did not mislead the
Special Master nor make a misstatementwhen No Crowd Control LLC was cited on
5/25/14, there was no valid BTR on the premises because it was expired. 743
Washington Entertainment paid to renew their BTR for 2013-2014 on 5/29/14 (4 days
later). On 10/7/2014, 743 Washington Entertainment renewed their BTR for 2014-2015.
No Crowd Control LLC, a Gainesville promoter, advertised and sold tickets on
the internet to a 3 day multi-venue event offering a full liquor bar for ages 18 and over
(not age 21 as prescribed by law). The venues where the events were to be held trigger a
requirement for a Special Event Permit for the package ticket advertisedthe hotel that
would be catering to non-hotel guests for a No Crowd Control pool party; and the dance
hall with an expired BTR.
The Special Master heard testimony and considered all evidence in making her
ruling that is was incumbent upon the promoter to do his due diligence and, therefore,
fining No Crowd Control for failing to obtain a Special Event permit.
CCA726, CCO56, and I inspected 743 Washington Ave. The individual
stated that "Black Swan" was hosting the event During our inspection everything was
QRU. Not Valid A.Yanes-751,B.Nunez-756,K.Varela-726. QRU?Queens Rugby
Union? QRU is a police radio code whose origin is from the Q-Codes in maritime
communications and translates to all is fine. Code Compliance Officers have been
counseled not to use police radio Q-codes in their report narratives.
Director Cardeno has been asked for an explanation to justify not apologizing to
Bostic for the ordeal his department has put him through. Perhaps he has more rabbits to
pull out of the hat. Frankly, I am not inclined to justify not apologizing to a promoter
for the ordeal he brings to our city. Promoting an all-out underage drinking party and
taxing Police, Fire, and Code resources all impact the quality of life for our
neighborhoods, not to mention hurting the legitimate business community.
I do not understand how you characterize this promoter as a victim businessman in your
article, David. This promoter took a $20k risk (or whatever amount he expended) to pull off an
unpermitted, for-profit, all out party hoping not to get caught during a weekend when our
Page4of9
31
resources are stretched thin. You and I really do not know how this promoter categorized his
event to 743 Washington Entertainment. I do know that No Crowd Controls event was not
comparable to the two events you referenced in your earlier e-mailto which I have given the
distinctions below. All of the detail provided here could have been gleaned from the case file
which you did not request, but rather you made your own supposition from the limited web
portal file and what the promoter lead you to believe. You know me to be straightforward with
facts, however, I chose not to play out the merits of a case in the mediathe proper forum is
before the Special Master.
Have a good weekend,
Hernan
Attached:
From: Castell, George
Sent: Friday, December 12, 2014 2:38 PM
To: Cardeno, Hernan
Subject: RE: Did Code mislead the SM? HEADS UP SM CASE TODAY RE JA14000277 RE:
Where is the $1,000 fine 743 Washington?
Sir,
The process when a BCU number is issued is when a new entity has applied at the Finance
Department for a CU and then the person will go to the Building Department to obtain a BCU
number. Building will check for the Certificate of Occupancy (BCO) and the Certificate of Use
(CU) for the property or space. Once it is reviewed by Building Department then the inspection
for Building, Fire and Planning is scheduled. Once all three inspections are approved the
representative for the entity returns to the Finance Department to pay for the Business Tax
Receipt (BTR) and then the Finance Department prints the BTR and the entity can start to
operate. From this point forward the entity is sent a renewal notice from the Finance Department
prior to the expiration date every September 30th of every year.
In the case of 743 Washington Entertainment applied for BCU1200731 on 5/18/12 and the final
approval was on 5/8/13 (almost one year later). This took time because they had to comply with
their CUP PB2053 and occupancy issues that had to be addressed (from the information in the
BCU Planning notes. The first BTR was issued by the Finance Department on 5/13/13 and would
expired on 9/30/13.
On 5/25/14, when No Crowd Control LLC was at the property operating, they were issued
violation CE14009436 for operating without a BTR.
Case CE14009450 was created on 5/25/14 for the property owner allowing a business to operate
(NO CROWD CONTRO LLC). CCO Hernandez hand delivered this violation on 5/28/14 to
Property Manager Marcella Collazo at 230-5th Street. The representative for 743 Washington
Page5of9
32
Entertainment came to the Finance Department on 5/29/14 and paid to renew their BTR. Finance
printed their BTR for 2013-2014.
CCO Hernandez inspection notes on case CE14009450 from 6/8/14 states,Several inspections
revealed no business was being conducted at the property-Close case.
CCO Tejedas inspection notes on case CE14009436 from 6/19/14 states,Venue was not
operating at the time of the inspection. Close case. A.Tejeda:.
Dec. 11, 2014

From: David Arthur Walters <miamimirror@gmail.com>
Date: December 11, 2014 at 7:45:05 PM EST
To:HernanCardeno<HernanCardeno@miamibeachfl.gov>
Cc: "Aguila, Raul" <RaulAguila@miamibeachfl.gov>, "Boksner, Aleksandr"
<AleksandrBoksner@miamibeachfl.gov>, "Morales, Jimmy"
<JimmyMorales@miamibeachfl.gov>
Subject:Did Code mislead the SM? HEADS UP SM CASE TODAY RE JA14000277 RE:
Where is the $1,000 fine 743 Washington?
Mr. Cardeno, The reason the SM decided against the defendant was the code officer's sworn
testimony that the property obtained an entertainment hall permit 5 days after No Crowd Control
was cited. However, a check of permit manager as a BCU1200731 for dance/sent/w alcohol
dated May 18, 2012. Wherefore there was no violation. BTW there were only 200 in the hall at
the time, and fire had it good for 500. Anyway, this is very disturbing that a case was decided on
a misstatement. Perhaps you have an explanation? David Arthur Walters
On Dec 11, 2014 4:28 PM, "David Arthur Walters" <miamimirror@gmail.com> wrote:
Oh, well, the SM would have dismissed it if it were not for information the officer raised that
Scott Robins obtained the correct use permit shortly after his customer, from whom he collected
$20k advance rent, was cited. If that is so, there is no unequal treatment.That SRC rented out the
club frequently before this citation and was not caught because no one complained is beside the
point. Still, the question remains as to why, if the landlord pulled a permit after the event, was he
not liable at the time for not having one? That objection as to person liable should have been put
on the record. The defendant tried to make it but was not clear in his logic. Anyway no doubt he
will try to get a refund, and maybe appeal to circuit. I guess Al however will be not coming
down. I followed the Tawana Brawley story when it was breaking, and coined the term
alsharptonian dialectics i.e. whether she was raped or not was not the point. David Arthur
Walters
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33
Dec. 11, 2014

From: Cardeno, Esq., Director Code Compliance, Police Officer, FBI Liaison
To: David Arthur Walters
Good afternoon Mr. Walters,
There are distinctions in the cases you referenced below as compared to the case being heard
later today by the Special Master. In summary, these distinctions are as follows:
JA14000277 / CE14009437 On Special Masters Docket todayMemorial Day
Weekend Event May 25, 2014
o No Crow Control, LLC advertised and sold tickets on the internet for a
multi-day Memorial Day weekend event which included a pool party at
the Clinton Hotel and a full liquor dance party at 743 Washington Avenue
for ages 18 and over;
o There was no Special Event permits issued for the pool party nor dance
party that were advertised and open to the general public for a fee. There
was a large crowd queuing outside 743 Washington Avenue and Police
requested Code respond;
o The full liquor dance party was shut down by Code Compliance with
Police and Fire Departments present;
o The pool party at the Clinton Hotel the following day (May 26, 2014)
was not allowed to take place as Code Compliance warned management
that it was an unpermitted Special Event and would be shut down along
with Police if they held the party.
XC15005514 Closed CaseInvestigated November 30, 2014
o The Black Swan Fashion Show was a charitable function held by the
Fortress Woman Foundation/Woman to Woman Jumpstart Program;
o The location has a valid BTR as a hall for hire and requires a special
event permit for any increase over 260 attendees;
o It was estimated there were less than 260 persons in attendance;
o All events were taking place inside the building.
XC15005847 Closed CaseInvestigated December 3, 2014
o Thrillist Media Group hosted an event sponsored by Tequila Herradura;
Page7of9
34
o This was a private event and all activities were kept inside the building;
o The location has a valid BTR as a hall for hire and requires a special
event permit for any increase over 260 attendees;
o It was estimated there were less than 260 persons in attendance.
I have attached a copy of the Business Tax Receipt for 743 Washington Avenue. Happy
holidays!
Hernan D. Cardeno, Esq.
From: David Arthur Walters

Sent: Thursday, December 11, 2014 12:04 PM
To: Cardeno, Hernan
Cc: City Attorney Aguila, Esq., City Attorney Boksner, Esq., City Manager Morales, Esq.
Subject: HEADS UP SM CASE TODAY RE JA14000277 RE: Where is the $1,000 fine 743
Washington?
Mr. Cardeno:
As a friend of the city, it is my lay opinion as a journalist that the case below should be
dismissed in the light of the invalidities declared by Code Compliance in two nearly identical
incidents at the same location Nov. 29-30 and Dec. 3. See:
XC15005514
XC15005847
XC-COMP2
XC-COMP2
INVALID
INVALID
2014-11-30
2014-12-03
I am sure that if you or any of the other attorneys who work for the city were private defense
lawyers you could get the case dismissed before the arrival of the likes of Al Sharpton.
I believe the case is coming before the SM later today.
Normally I like to wait for the train to arrive in the station instead of getting ahead of it, so I can
write about the wreck, so I am just offering this in the spirit of the holidays
From: "David Arthur Walters

Date: Oct 8, 2014 8:52 AM
Subject: RE: Where is the $1,000 fine 743 Washington?
To: "George Castell" Code Administrator
Cc: "Hernan Cardeno" Code Director, "Raul Aguila" City Attorney
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35
Mr. Castell,
Thank you. It appears that the owner rented out the space to No Crowd Control LLC.
Unpermitted signs continue to advertise club space. I noticed info that liquor sales were being
made without a permit. Is that true? Perhaps the owner warranted that liquor distribution was
permissible. If that is the case, is that not a criminal offense? In any event, it would seem that the
owner and its realtor is responsible, so please advise if they are named in the complaint going to
the Master. Additionally, the Secretary of State site indicates that No Crowd Control has no tax
identification number. Of course you are aware of the recent shootings at an unlicensed club by
a nice teenage boy gone wild. Perhaps Mr. Cardeno may feel a county and state investigation
into the specifics and persons be conducted in this matter as a preventative learning experience. I
am standing by for your response. Thanks, D. Walters
Photo from a previous Urban Beach Weekend
Page9of9
36
THEPERMITDECALONTHISSIGNHASBEENREMOVEDSOTHESIGNISNOTPERMITTED
BLACK & WHITE DISTINCTIONS IN SOUTH BEACH

UnintendedConsequencesofBlackWeekandWhiteFright
15December2015
ByDavidArthurWalters
MIAMIMIRROR
Hernan Cardeno, Esq., highly esteemed FBI liaison and Director of the Code Compliance
DepartmentoftheCityofMiamiBeach,didnotappreciateourarticlelastweek,BlackWeek
Scare Lingers on in Miami Beach No Crowd Control Frightens City Officials into Civil Rights
Violations, about how his officers shut down the party organized by No Crowd Control LLC
promoterFloydBosticduringBlackWeek2014akaUrbanWeekinSouthBeach.
The party was held at politically influential Scott Robins rental nightclub at 743 Washington
Avenue, and the event included a pool party inside the Clinton Hotel nearby. According to
Bostic,helostthe$20,000cashpaidtoRobinsforthehall,pluswhateverhiscutwouldhave
Page1of6
37
been on sales at the Clinton Hotel when Code officers shut him down to obtain what they
consideredtobecompliancewiththecityslabyrinthineordinances.
Code Compliance administrators, when criticized for their negligence, selective enforcement,
and lack of proactivity, tend to excuse themselves as being short of staff and too busy to
punishmanyviolators,sayingthatcomplianceandnotpunishmentistheirobjective.
Inthiscase,theyfinedandprosecutedBosticfor$1,000intheSpecialMastercourtinstead
oftheprominentpropertyowner,apersonalfriendandpartnerofwealthybusinessmanMayor
PhilipLevine,fornothavingaspecialeventpermitforthe743WashingtonAvenueparty,which
isrequiredforactivitiesthatareextraordinary.NothinghappenedattheClintonHotel,thanks
toCodeCompliance.
However, the event in Scott Robins hall was not extraordinary for the usage certified by the
cityforthatvenue:i.e.entertainmentanddancewithalcoholuntil5AM.Bosticsaidheretained
a caterer to handle the liquor and security. The problem was that, according to Cardeno, a
large crowd had gathered in front of the club, so the police called his officers in to do the
dirtywork.Ifthewholecrowdhadgoneinsidetheclub,theoccupancylimitmighthavebeen
exceeded. Furthermore, No Crowd Controls web page generally advertises its events as 18+
collegekidparties,implyingthatliquorwouldbeservedtominorsattheSouthBeachevent.
Ofcoursetherewerelargecrowdsasusualonthestreetsthatnightdespitethefactthatthe
city and police forces from multiple jurisdictions had done everything they could previous
Memorial Day weekends to discourage unruly black folks from swarming to the beach. The
disrespectandviolenceincitedbyafewblacks,mostlylocalsfromMiamiDade,wouldupina
nationallytelevisedpoliceslayingofablackmanin2012.
Manyresidentscaredlessaboutwhetherornottheshootingwasjustified.Itwasthetipping
pointthatledtothebeachbeingoccupiedbyanarmyofcopsinsubsequentyears.Movements
of the black swarm were restricted to a small circle. Clubs and restaurants were shut down.
Whitesfledthearea.
BlackWeek2014wasanonevent,yetWashingtonAvenue,themosturbanofSouthBeachs
streets,wascrowded.ThepolicepowerswerewaitingforthelikesofFloydBostic.
Director Cardeno, revealing information that seemed to contradict our Black Week Scare
piece,notedthatwehadnotacquiredthecasefiles.
All the detail provided here could have been gleaned from the case file, which you did not
request.Youmadeyourownsuppositionfromthelimitedwebportalsite.
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38
Ihadindeedreliedonthepublicfacetothosefiles,thecitysonlinePermitManagerrecords.
Unfortunately, the files are twofaced. The public, superficial face is rather opaque despite
repeated calls over the years to render it more transparent. The tendency is to blame the
computerfortheopacity.Thetwofacednesshasconcealedagreatdealofhypocrisy.
NowtheinformationCardenorevealedfrombehindtheonlinefacedidnotdiscloseifofficers
hadcountedthepeopleinsidetheclubtoseeiftheoccupancylimitwasviolated,ifbouncers
wereallowingminorstoentertheclub,ifserverswereservingminors,andsoon.Thegeneral
rule for nightclubs is that minors are not allowed into them unless food is served therein.
Whether that rule was abided by was questioned without response when Justin Beaver
admittedhewasatClubSETinSouthBeachpriortohisfamouspotheadedracingarrest.
Cardeno had previously denied that the caterer had a liquor license, but now admitted it
althoughstatingitwasnotapplicabletotheclub,notidentifyingthecaterersotheinformation
couldbechecked.Hischiefadministratorhadnotansweredapreviousquestionput,astowhy,
if there were liquor law violations, no one was arrested. That compliance was obtained was
reason enough for his department to close the file on that issue without referring liquor
violationstoregulatorsorprosecutors.
ThepointofourarticleisthatCodeCompliancedroppedallchargesagainstBosticsNoCrowd
Control but one, the failure to obtain a special event permit. Our article had noted that two
subsequent events were held at the club, and Code Compliance had dismissed complaints
abouttheeventsasinvalid:afundraisingpartyforabusedwomenwith$30admissiontickets,
andapromotionalartpartyfor100%agaveliquor.Needlesstosay,theywerepredominantly
whiteevents.
CardenodrewdistinctionsbetweenthosetwoeventsandBostics,characterizingBosticasa
manwithatleastbadifnotcriminalintentions,andrevealingthatitwasestimatedthatthe
subsequenteventshadlessthan260attendees.
WehopethatCardeno,aswornpoliceofficer,wouldnotarrestamanforhisunseenintentions
beforehecommitsacrime.
I do not know how you characterize this promoter as a victimized businessman in your
article. This promoter took a $20k risk (or whatever amount he expended) to pull off an
unpermitted, forprofit, allout party hoping not to get caught during a weekend when our
resourcesarestretchedthin.
Ladies and gentlemen from out of town, do your due diligence, beware of doing business in
SouthBeach,whereasuckergoesbrokealmosteveryweek.
Page3of6
39
He correctly pointed out that the agreement between Bostic property owner had not been
examined,whichwouldhavebeenwisetodopriortoprosecutingBostic.MaybeBosticisjust
anotherslickpromoter.Ifso,hesurefooledmewhenImethim.
This may be one instance that Code Compliance should have walked away with perceived
complianceinsteadofpunishment,becauseIfeelthepolicepowerisprejudiced,andIbelieve
thefinemayhavesomeembarrassingconsequencesforthecityifheappealsittoarealcourt
withcompetentlawyersfromoutoftown,andperhapsfilesafederalsuitagainstthecityand
theofficersinvolvedforcivilrightsviolationsifthefactsandcircumstancessowarrant.
TheSpecialMastersdecisionwasbasednotonafailuretoobtainaspecialeventpermit.Bostic
asserted there was nothing special about his use of the premises, that other promoters had
usedtheclubforparties,anditwascertifiedandadvertisedtobeusedforentertainmentand
dancewithalcohol.Cardenosstraightforwardrevelationofthefactsthusfardoesnotprove
anyuseofthepremisesbeyonditsapproveduses.
ThecodeofficerattheSpecialMasterhearingstatedthatthepropertyownerhadnotobtained
thecertificateforthoseusesuntilseveraldaysafterBosticwascited.Bosticobjectedthatany
fineshouldgoagainstthepropertyownerformisuse,especiallysinceheapprovedit.No,said
the SpecialMaster, you must takethe matterup with the landlord, and you areguilty in the
eyesofthecity,sowhendoyouwanttopaythefine?
Thatledmetosupposethat,inthisgreatcitybythebeach,finesgoagainstthepropertyunless
itisownedbyapoliticallyinfluentialpublicfigurelikeScottRobins,orunlessablackmancan
beblamed.
Please excuse me for the black and white supposition: I cannot help it after what I have
experiencedinthedeepestoftheDeepSouth.Imyselfstartedcatchingtheprejudicialdisease
afterarrivinginMiamiBeach.
Ofcoursethereisdiscriminationagainstwhitefolkwhoarecrazyenoughtobuckthesystem,
criticizecityhall,andexposecorruptionandsoon.Theformercityattorneycharacterizedthat
sortoffolkasdelusional.
IsuggestedtoCardenoandotherhighlyplacedlawyersinthecity,includingthecitymanager,
hisassistant,andthecityattorneys,thattheydismissthiscaseagainstBosticinthespiritofthe
holidays. They are persons of the highest integrity with incredible resumes, not to mention
intelligence,andIbelievethatwouldbetherightthingforthemtodo.
IalsopredictedthatCardenowouldpullrabbitsoutofthehat,whichhedid.Thebiggestfunny
bunny,theonemostpertinenttothenarrowissuehere,isacopyofareceipt,alongwithan
Page4of6
40
argumentthattheclubownerhadnotpaidtherenewalfeefortheusepermitintimesoitwas
notineffectuntilitwaspaidfourdaysaftertheeventinquestion.Therefore,duringthattardy
period,anyeventwouldbeaviolation.Naturallyanycomplaintsabouteventsduringthattime
wouldbeinvalidexcepttheonebroughtbythepoliceagainstNoCrowdControl.Somehow,
theeventpromoterwouldbeliableduringthelapseandnotthepropertyowner,inthiscase
involvingScottRobinsCompanies.
Cardenodidnotmentioninhisemailthat,accordingtointernalsources,nearlyhalfofthecitys
sidewalkcafpermits,dueSeptember30,havenotbeenrenewedyet,yetthecafescontinue
tooperatewithimpunity.Scoresofsidewalkcafpermitswereatsixmonthsoverduelastyear.
Onerestaurantownerwhoispunctiliousaboutpayinghisbillsontimecomplainedaboutthe
tardinessofhiscompetitorsontheblock,andhowtheyweresettingoutunpermittedchairson
thesidewalkstoabsorbtouristtrafficbeforeitgottohisplace.
HemetwithJimmyMorales,Esq.andMoralestroubleshootingassistantmanager,JoeJimenez,
Esq.,andDirectorCardenoonMarch18.
Whatdoyouwantmetodo,askedMorales,closeeverybodydownorsolvetheproblem?
Thecitywasnice:businesswentonasusual,withwarnings,afineortwo,aflagrantviolator
paidafinebutdidnotrenewuntilashutdownnoticewasgiven,whichshouldhavebeengiven
toall,strictlyspeaking,andsoon.
One might think that a professional city manager would make sure notices are automatically
sent out a month prior to renewals being due, and that violation notices are sent out if
paymentistendaysoverdue,andthatviolatorsbesubjectedtofinesandclosuresafter,say,
thirtydaysofgrace.Andperhapsthecyclecouldbechangedtorenewpermitsattheheightof
theseasonwhenregistersareflushwithcash,insteadofatthedepthoftheoffseason.Also,
theoutrageousratesshouldbereduced.
Guesswhathappenedtothewhistleblowerwhocomplainedaboutthedelinquencies?Hewas
threatened by the landlord for putting pressure on the other tenants, and sued for eviction
shortlyafterhismeetingwiththehighpoweredlawyerswiththecity.Guesswhohislandlord
is?
Guesswhohasnothadspecialusepermitandbusinesstaxlicenseforanapartmenthotelhe
hasoperatedforseveralyears?Guesshowlongithastakencityofficialstodoanythingabout
it?
WhatwehavewiththistwofacedsysteminthecaseofNoCrowdControlishypocrisy.Itmay
very well lead to the revelation of even more black and white distinctions. That is not to say
Page5of6
41
that improvements have not been made. More will probably be made after this. And more
retaliationswillleadtomorecallsforimprovement.AndsoonuntoDoomsday.
##
Page6of6
42
Miami Mirror True Reflections
BLACKWEEKSCARELINGERSONINMIAMIBEACH
NoCrowdControlFrightensCityOfficialsintoCivilRightsViolations
18December2014(Update)
ByDavidArthurWalters
MIAMIMIRROR
MIAMI BEACHEvent promoter Floyd Bostic liked South Beach when he visited Miami Beach during
SpringBreak.Whatacool,relaxedplace,nottoocrowded,hesaid,agreatplaceforanevent.Sohe
lookedaroundforavenue,andsawthebigScottRobinssignat743WashingtonAvenue.
RETAIL,CLUB,EVENTS
6,000SQ.FT.
DAILY,WEEKLY,YEARLY
5AMLICENSE
SCOTTROBINSCOMPANIES
Therealestateagentcheckedmydocuments.Ihandedoveracashierscheckfor$20,000torentthe
hallfortwonights.Igotacateringcompanywithaliquorlicensetohandletheevent.Iwasallset.
Or so he thought. The Miami Beach Police Department, Fire Department, and Code Compliance
DepartmentshowedupattheeventonMay25.FireandPolicehesitated,soCodeledtheraidonhis
eventonMay25.
Page1of6
43
MayorPhilipLevine,friendandpartnertoScottRobins,ownerofthebuildingandmanageroftheclub,
was reportedly on the scene as well. A city source, speaking on condition of anonymity, lauded the
honorablemayorfornotinterveningonbehalfofRobins.
Sowhat?Hiscompanyhadalreadypocketedtherent.Hiscompanywouldnotbecitedfortheviolation
actuallyprosecuted,forfailuretohaveaneventpermit,although,asweshallsee,itshouldhavebeen,if
therehadbeenaviolation,andtherewasnot.Instead,FloydBosticwouldbepersecuted.
Mr.Bosticscompanysname,NoCrowdControlLLC,wasanunfortunatenamegiventhepasthistoryof
BlackWeekakaUrbanWeekinSouthBeach.NoCrowdControlwasjustanameforcollegeeventsback
whenIstartedout,heexplained.IhadtoexplaintohimwhatwasupwithBlackWeek,whythepolice
powerwasparanoid.
Cityofficials,succumbingtopressurefromcivilrightsgroups,hadfailedtoadequatelycontrolthehuge
crowdsofblackfolksdescendingovertheMemorialDayweekends.Therewereshootingsandmassive
qualityoflifeviolations.Residentswerebeingdisrespectedbythesmallunrulyfactionwithinthecrowd.
Themajorityjustwantedtorelaxandhavesomefun,nottomaketrouble,mostofwhichcamelocally,
fromoverthebridge.
Franklyspeaking,therewasaBlackScareononeside,andresentmentontheother,culminatingina
sortofpoliceriotduringUrbanWeek2011.
ThepolicesurroundedacardrivenbyoneRaymondHerisse(22)andfired116bulletsintothevehicle.
He did not survive. Seven bystanders were also injured. The reasons for the shooting were variously
given,andevidencewaswithheldfromthecourtbythecityattorneysoffice.Onthethirdanniversary
oftheshooting,orfourdaysbeforeNoCrowdControlseventwouldbeshutdown,NBCreportedthat
theinvestigationoftheshootingwasstillpending.
TheNoCrowdControleventhasfourcomplaintticketsshowingintheonlineviolationssystem.
Ticket CE14009435 against No Crowd Control for noise was deemed invalid because the officer
respondingtothenoisecomplaintthatinitiatedtheinvestigationsaidthenoisewasnotexcessive.
TicketCE14009440againstNoCrowdControlforsellingliquorwithoutalicensewasclosedoutonJuly
17.Bosticsaidthatwasbecausethecateringcompanyhadacountywideliquorlicenseforevents.The
companysrepresentativeattheclubinsistedithadalicense,saidshewouldcallherliquorlawyer,and
chided the officers for raiding the event, saying they were discriminating against blacks. Hernan
Cardeno,Esq.,aswornpoliceofficerandFBIliaisonwhoisthedirectorofthecitysCodeCompliance
Department, initially scoffed at the idea that a liquor license existed, but he later said there was a
licensealthoughitwasnotcountywidenorapplicable,explainingthatthechargewasdroppedbecause
CodeCompliancehadobtainedcompliancewiththecessationofsales.NeitherhenorCodeCompliance
administratorGeorgeCastellrespondedtothequestionswhynoonewasarrestedorreferredtostate
regulatorsforallegedviolationofliquorlaws,especiallysinceDirectorCardenosuspectedminorswould
beservedbecausetheeventwasadvertisedasan18plusjam.AfteraccusingtheMiamiMirrorofnot
Page2of6
44
examiningthefilebehindthepublicfaceoftheviolationsrecords,hedidnotdisclosethenameofthe
entitythatdidnothavetheappropriatelicense,orwhetherornotanyevidencehadbeenrecordedof
minorsdrinkingorbouncersandserversnotcheckingidentifications.
TicketCE14009450againstthepropertyowner,ScottRobinscompany,8thStreetWashingtonPartners
Inc, for allowing Scott Robins nightclub entertainment company to operate a business without a
businesstaxlicenseandcertificateofusewasclosedwithoutprosecutionthatday,May25,because,
asamatteroffact,ScottRobinscompanyactuallyhadacertificateofuseandbusinesslicenseforan
entertainment and dance hall with alcohol until 5AM since 2012. One Internet ad reads, Studio 743
offersabuiltina/vinfrastructurereadytobeenhancedwithmovinglights,videodisplays,andwireless
sound, beneficial for any occasion. Our venue is licensed and insured, and comes with a rare 5 A.M.
EntertainmentLicense.
Acertificateorpermissiontouseapropertyforacertainpurposeisrequiredbeforegettingabusiness
taxlicense,whichiscalledabusinesstaxreceipt.Thelocalmagistratepresidingoverthequasijudicial
administrative, socalled Special Master court, would ultimately pronounce the wrong person, Mr.
BosticsNoCrowdControl,guiltyofnothavingthelicensehadbyScottRobinscompany,stickinghim
withafineof$1,000,whichhemayappealtothecircuitcourtifhehas$10,000toretainanattorney.
DirectorCardenolaterexplainedthisawaybypointingoutthatScottRobinshadfailedtopaytheannual
renewal fee for the permitted use in time, leaving Mr. Bostic in the lurch because the permit was
technically expired, the fee being paid a mere four days after Director Cardenos code officers shut
downtheNoCrowdControlevent.Asamatteroffact,CityManagerJimmyMorales,Esq.,andDirector
Cardeno have permitted scores of sidewalk cafes to operate months beyond the past due date for
paymentoftheannualfees.
Even worse, Scott Robins companies have owned and controlled a transient apartment hotel, the
EspanolaWaySuitesat443EspanolaWay,whichhaditscertificateofuseapplicationdeniedthreeyears
agoyethasoperatedwithoutabusinesslicenseorpaymentofresorttaxes.According toinformation
postedonthecitywebsite,thatmaybeacriminaloffense,withtheoffendersubjecttoarrest.Director
Cardeno,whoisbeforeallaswornpoliceofficerandFBIliaison,hasnotrespondedtoquestionswhyhe
hasnotarrestedthepersonorpersonsresponsibleforthatviolation,norhasherespondedtoarequest
forthenameofanFBIagentthatcanbecontactedtolookintothepossibilityofthecooperationofcity
officialsinnotappropriatelyprosecutingtheviolation.
Bywayofcomparison,RodEisenberg,theowneroftheSadigoCourtApartmentHotel,wasarrestedand
hisguestsevictedbythepolice,notfortheabsenceofalicenseatall,butoveradifferenceofopinionas
to the right kind of license. A previous difference of opinion was over the corruption of city officials,
aboutwhichhehadsuccessfullycomplained,leading,accordingtomediareports,totheresignationof
the citymanagerandforcedremovalofthecityattorneyfromoffice. Attorneysarenot talkingabout
Mr.Eisenbergsfederalcasenumber1323620againstthecity,RodEisenbergv.CityofMiamiBeach,
scheduledtocometotrialinJanuary2014,inwhichheassertshisprosecutionviolatedhiscivilrights
andconstitutedretaliationforhiswhistleblowing.
Page3of6
45
Ticket CE14009437 against No Crowd Control for failure to have a special event permit was left open
withamandatoryfineof$1,000.Thedefinitionofspecialundertheordinanceisrathervague,leaving
toomuchroomfordiscretionbycityofficials:Itshallbeunlawfultoengageinspecialeventswithouta
specialeventspermit.Aspecialeventisdefinedasatemporaryuseonpublicorprivatepropertythat
would not be permitted generally or without restriction throughout a particular zoning district, but
wouldbepermittedifcontrolledwithspecialreviewinaccordancewiththissection.
Mr. Bostic appealed to the citys Special Master court, an administrative organ of the city with
questionableindependencesincespecialmastershavebeenchallengedandterminatedfornotbending
tothewilloftheadministration.CityManagerJimmyMoralesEsq.,formerlyaspecialmasterhimself,
recently replaced the special masters because, he said, he wanted to take the facility in a new
direction.
Special Master Annette Cannon Esq., who heard the case on 13 December, seemed fair enough. She
looked surprised when Bostic stepped up, representing himself, to say he had forked over $20,000 to
usetheclubfortwonights.
Bostic is a quiet, intelligent, unassuming man, slight of build, certainly not the aggressive sort of
promoteronewouldexpecttohavetwentygrandonhimatanytime.Hetoldmehedoesnotlikemuch
publicity on the Internet, a lot of pictures of events, and so on. He said he has a following all over
Florida.Hestruckmeasbusinessman,plainandsimple.Hesaid,matteroffactly,thatthe$20,000he
hadlostputadentinmysecondquarter.
HetoldthespecialmasterthathehaddonewhathealwaysdoesincitiesthroughoutFlorida.Landlords
normally have permits for halls, he said, so he goes in and rents them, and gets a licensed caterer to
handletheeventincludingtheliquorandsecurity.Hefiguredthislandlordhadthenecessarypermits,
sohewassurprisedtobecitedfornothavingone,asthathadneverhappenedinanyothercityhehad
promotedevents.
Hesaidthelandlordhadpreviouseventswherethepromoterwasnotcited.Toobad:thespecialmaster
saidthatwasnotrelevanttohisparticularcase.
He said there was an event on November 30 at the property, that Code Compliance Officers had
investigated it and found the complaint invalid. He looked on his cell phone, and provided complaint
numberXC15005514.
The public record on that ticket has this narrative: CCA726, CCO56, and I inspected 743 Washington
Ave.Ispoketotheindividualwhowasinchargeatthelocation.Theindividualstatedthat"BlackSwan"
washostingtheevent.Wetheninspectedthelocation.DuringourinspectioneverythingwasQRU.Not
ValidA.Yanes751,B.Nunez756,K.Varela726.QRU?QueensRugbyUnion?
Internet pages show that that event, the Black Swan Fashion Show, was held by Fortress Women
Foundation, with an entrance fee of $30, which apparently included drinks. According to the citys
onlinerecordsofspecialeventpermits,theBlackSwaneventdidnothaveaspecialeventpermit.
Page4of6
46
Online records also show another event, at the same location, held on December 3, namely the
HerraduraBarrelArtCollectionEvent,heldtopromote100%agavetequilaonanartisticpretextduring
Art Basel Week. Code Compliance dismissed the complaint without an explanatory narrative on the
ticket, and some of the subsequent information divulged by the Code Compliance administrator is
contrarytoelectronicrecordsmaintainedbythemysterycustomer.
Code Compliance administrator George Castell said that no narratives are publicly given on XC
complaints,although,aswehaveseenabove,theymaybegiven.Whennarrativesaregiven,theyare
notgiveninfull.Andthestoriescanbechangedatanytimethedatesandtimesofthechangesare
supposedtoberecordedautomaticallybythesystem,butnoofficialseemstoknowthatwhentheinfo
isaskedfor.
In fact, what appeared to be selective enforcement against No Crowd Control was pointed out to
Hernan Cardeno Esq., Director of Code Compliance, and other lawyers with the city including the city
managerandtwocityattorneys,priortotheSpecialMasterhearing,byafriendofthecitywhofeltthat
anyattorneywouldbeabletosuccessfullydefendagainstthecharge,andsuggestedthatitbedropped
lestthelikesofAlSharptonbesentdowntodefendagainstcivilrightsviolations.
DirectorCardenorespondedwithinformationirrelevanttotheparticularchargeofoperatingwithouta
specialusepermitatthatlocation,exceptimplyingonewouldberequiredifthelargecrowdoutside
theclubhadwentinside,forthatwouldexceedtheoccupancylimit.HeobjectedtocharacterizingMr.
Bosticasavictimofdiscrimination,insistingthathehadcomedowntoSouthBeachtoviolatethelaw,
believinghecouldgetawaywithitbecauseCodeComplianceofficerswouldhavetheirhandsfullwith
BlackWeek.WhenImentionedtheoccupancylimittoMr.Bosticafterthehearing,hesaidtherewere
only200peopleinsidetheclubwhentheofficersarrived,wellwithintheoccupancylimitationposted
on the wall of the club. In that event no special event permit would be necessary. Director Cardeno
wouldalsosaytheeventwouldhaveincludedapoolpartyinsidetheClintonHotelonthenextblockif
hehadnotputastoptotheevent,asifhotelscouldnotdothat.Mr.Bosticexplainedthathesimplyhad
adealtoshareinsalesatthehotel.
Special Master Cannon looked like she was ready to dismiss the charges, but then Code Compliance
OfficerH.JimenezstatedthatthepropertyownerpulledanentertainmenthallpermitshortlyafterNo
CrowdControlwascited,sothesubsequentusageBostichadcitedwaspermissible.
Mr.Bosticobjectedthat,ifthatwerethecase,thenthelandlordshouldberesponsiblefornothavinga
permitfortheusagehehadpaidfor.
The Special Master said that Bostic was responsible for doing due diligence instead of relying on the
landlordtohavethenecessaryusepermit,hencehisclaimwouldbeagainstthelandlord;therefore,he
wasguiltyandwouldhavetopaythefine.Caseclosed.
A check of the online records indicated that Code Compliance Officer may have misled the Special
Master with a misstatement, in which case the matter should be reheard if not dismissed by the city
attorneyuponnoticeofappeal.DirectorCardenowouldlaterdenythattheSpecialMasterwasmisled,
Page5of6
47
citingthetechnicalitythattheusepermitobtainedbyScottRobinscompanyhadnotbeenpaidintime
thereforewasexpireduntilthefeewaspaidfourdaysaftertheevent.
ThepropertyownerhashadpermitBCU1200731foradance,entertainmenthallwithliquorsalesuntil5
am since May 18, 2012. The code officer would have known that at the time if he had checked the
onlinerecord.Thatmusthavebeenwhythatchargewasalreadyclosedout.
Incidentally,thepublicfaceofthecomplaintrecordsdoesnotstatewhyarecordisclosed.Ineffect,
the citys socalled transparent system is twofaced. When the superficial face displayed online looks
bad,rabbitscanbepulledoutofthehatfromthefiles,includingnarrativesinventedafterthefact.
SotheadvertisingontheScottRobinssignwasnotfalsesincethepolicyofthecityistopermitlapsesin
payment. The falsity is apparently in the citys citation of Bostics No Crowd Control, and in shutting
downtheeventatacostof$20,000andmoretotheoperator,whichthecityshouldreimbursehimfor
ifarefundcannotbeobtainedfromthelandlord.
Whywouldcityofficialsdosuchathing?Sincethe2011policeshooting,thecitycrackeddownonBlack
Week to the point that it is almost a nonevent. But history is hard to forget. The Black Scare lingers,
perhapsfortoolong.ItmaybehooveBostictofileacivilrightscomplaintandsuethecityfordamages
fordeprivationofequalprotectionofthelawsandsoon.
Heisanunassumingfellow,makingitdifficultforhimtoassumethatthisisablackandwhitething.One
thingisforcertain,hesaid,beforehelefttoexamineanothervenueonWashingtonAvenue:Itisnot
wisetohaveaneventhereduringabigeventweek.
Director Cardeno has been asked for an explanation to justify not apologizing to Mr. Bostic for the
ordealhisdepartmenthasputhimthrough.TheCityofMiamiBeachcustomerwhoobjectstothecitys
wrongsisalwayswronguntilprovenotherwiseatgreatexpensetoeveryoneconcerned.However,since
hehappenstohaveareputationforgreatintegrity,hemayapologizeandseewhathecandotogetthe
victimizedbusinessmansmoneyrefunded,or,atleast,gethimahallfreeofrentfortwodays.Thathall
isvacant95%ofthetime,showingthatthepropertyisnotputtoitshighestandbestuse.Itwouldbe
betterconvertedtoahotelandrestaurantschoolwitharestaurantwheredinerscouldtesttheskillsof
itsstudents.
DirectorCardenodemurred,pullingrabbitsfromundertheonlinehat.Thecityisfilledwithattorneysat
lawwhobehaveasdefenseattorneysevenwhencriticismisconstructive.Theawfultruthinthiscaseis
thathewouldbeaheroandhisdepartmentwouldhaveafeatherinitshatifthecityhadissuedapress
releaseaboutthediscriminatoryraid.Franklyspeaking,nightclubsaredespisedbytheresidentsofthe
area,nomatterwhatcolortherevelershappened tobe.Mostresidents havebeenhorrifiedbyBlack
Week.
So fair is not so fair in the City of Miami Beach. The matter has been referred to Jessie Jackson, Al
Sharpton,andtheACLUjustincasetheyareinterestedineveningthescore.
##
Page6of6
48
PRIVATE MYSTERY CUSTOMER REPORT

CodeComplianceProcedure
EventComplaints
DavidArthurWalters
12/13/2014
The City of Miami Beach official Mystery Customer program is a good idea. It is
reporting amazing improvements in performance. However, the program is flawed by an
inherent conflict of interest: it requires city employees to report on city employees. The
results are public record, and the city administration does not appreciate the publication
of self-criticism. Employees have been retaliated against and even fired for negative
criticism. This Report is limited to the interrogation of the Code Compliance
administrator regarding a typical example of Code Compliance Department
investigations and reports of a customer inquiry/complaint about an event. It is typical
because almost every record upturned reveals procedural defects unfriendly to
customers. The administration is to blame for the procedural defects, which is not to say
that the administrators lack personal integrity. No doubt they have made improvements,
are planning to make more improvements. Permit Manager reports may become more
explanatory. Code officers probably need an excellent procedures manual. Police
officers may ride around with code officers from time to time. A code officer told me that
Code Compliance is currently exempt from Mystery Customer ride-arounds.
49
11December2014
HernanCardeno,Esq.
Director
CODECOMPLIANCEDEPARTMENT
CityofMiamiBeach
PRRReCodeComplianceProceduresManual
Mr.Cardeno:
Wouldyoubesokindastosendalongacopyofthepageorpage(s)fromyourdepartments
procedures manual touching on the procedure for officers to follow when investigating
events.Specifically,whatdocumentsarerequiredbytheofficerafterhearrivesatanevent
heisinvestigating?
IunderstandfromanexchangewithMr.Castellthatspecialeventpermitsarenotaskedforor
checked against the citys online file except in selective instances. There may be some
confusion over what is special that the magicians (lawyers) and the commission need to
clarify.ThatconfusioninoneinstanceIamawareofmayresultinasuitfordamagesandacivil
rightsactionagainstthecity.
Additionally,intheeventyouhavenotdonethisalready,Iamhopingthatyouwillmakesure
theproceduresmanualforcodeofficersisputonlineforpublicreferencesothatthegeneral
publicmaybetterhelpyouachieveyourobjectives.
HAPPYHOLIDAYS!
DavidArthurWalters
Cc.RaulAguila,Esq.CityAttorney
Cc.JimmyMorales,Esq.CityManager
Cc.RafaelGranado,Esq.CityClerk
Cc.GeorgeCastell,CodeAdministrator
50
2014-12-09 Walters to Castell

Thank you, Mr. Castell. I really appreciate your excellent service with this matter.
I shall query the Clerk on the exact times, only because I have heard from several
sources, including a code officer who said the tequila event held on Scott Robin's
property in the hall operated by the business managed by Scott Robins was definitely a
violation, that the system does record the exact times of narrative entries and updates.
In other words, a story can be changed or updated later, as you know, and the report
form will retain the original date, but the system records the change. Further, I am
informed that only administrators such as yourself can make the changes.
My interest is piqued by the officer's concluding comment in the narrative posted, that
someone (you) may call him if someone (you) need further information, as if the
narrative had been written later, after my request to you, days after the event.
As you can see, this issue bears on my observation on previous occasions that full
narratives should be provided as a matter of course on all complaint reports viewable by
the public, instead of only noise complaints, which are wrongly assumed to be the only
important ones. Incidentally, the previous complaint on this property, at the end of
November, also alleged to be invalid despite the absence of a special event permit, DID
have a narrative.
By the way, the reported times of the initial posting and officer follow-up in this Dec. 3
instance allegedly vary widely from the private mystery customer's electronic record.
I am waiting to hear your response to my question as to why the officer did not check for
a special event permit document, as I now assume from your comment that that is not
part of the process due or standard operating procedure.
[EDITOR: Castell did not respond. A special event permit would be required if the
occupancy limit were exceeded or some other abnormal situation. The occupancy limit
was not exceeded for an event cited for not having a special event permit during Black
Week, and that matter was prosecuted before the Special Master, who was misinformed
by the Code Officer as to the certificate of use held by the property owner. Also, was a
liquor license required for the distribution of the 100% agave tequila? Et cetera.]
2014-12-09 Castell to Walters
51
The system does not show what time it went in, just by date. But the times I provide was
from the time (not exact) from when the supervisor gave it to the officer and the time the
office was at this location.

Are you absolutely certain about those times? And are you absolutely certain that the
narrative you quoted was posted immediately after the investigation? i understand that
the exact times info including updates are posted can be easily ascertained. I need to
be sure.

Thank you. Then standard operating procedures do not require checking for a special
event permit?
[EDITOR: No response.]

Same day immediately after CCO Muneras inspection. The on duty supervisor checked
if the location had a BTR (Business Tax Receipt), which the owner has a current BTR.
[EDITOR: Why would a narrative close with, If you have any further questions please
don't hesitate to let me know, if the question was not even put until several days after
he visited the property? Would not the officer ask to see a liquor license permit? How
about a special event permit? Et cetera? A public record request for the pertinent pages
from the procedure manual has not been responded to as of 13 December]

Thank you. What documents were checked pursuant to standard operating procedures?
Also what time and day was this narrative entered into the computer system and who
wrote it? What documents were checked pursuant to standard operating procedures?
52
The complaint was entered around 7:10pm on 12/3/14 and assigned to the code officer
around 7:13pm. The code officer arrived at the location at 7:30PM.
Officers narrative:
12/3/14 I inspected 743 Wash Ave per XC15005847 assigned to me, I arrived at the
location at approximately 1930hrs. I spoke to the manager on duty Adrienne Wright
from Thrillist Media Group, she advised that it was a private event for VIP guest only.
Event will last from 7pm until 10pm tonight, sponsored by Tequila Herradura. All
documentation provided appeared to be in place, I was invited inside space as well.
Music was being played in an ambient level during my time at the location, also
everything was kept inside the space and not outside on public property. If you have
any further questions please don't hesitate to let me know, thank you.
[EDITOR: It appears from the last sentence that the narrative was entered several days
after the event, and not on the same day as asserted by Castell. The time of arrival
stated, 7:30 P.M., is wrong, for the electronic record shows the first call to dispatch was
made at 9:00 P.M. after I photographed the bouncers, entered the space and
photographed the Herradura sign inside the space.]
Left 8:53:06 PM - Right 8:56:05 PM
Dec 3, 2014 VIRGIN MOBILE OUTGOING MYSTERY CUSTOMER CALL

12/03/2014 - 09:00 PM
(305) 673-7555
00:02 2
Cellular
$0.00

Please, may I have the narrative behind this item, along with the detail on exactly when
(TIME) it was posted on the computer?
XC15005847
53
XC-COMP2
COMPLNT: Complaint
743 WASHINGTON AV
42030040690
Address
Parcel Number
File Date
Status
Status Date
Valuation
Fees
Payments
Balance
Description
2014-12-03
INVALID
N/A
$0.00
$0.00
$0.00
$0.00
Investigate event on site.
[EDITOR: This is typically opaque: the reason for the invalidation of the complaint is not
posted to the Description field. Records are also marked CLOSED with no public
explanation. When reasons are posted, they are edited summaries of the officers
narratives. Stories are sometimes concocted ex post facto to insert after the conduct of
the officer is questioned.]
2014-12-03 at 5:41 PM - Walters to Hernan Cardeno

743 Washington: Liquor servers trained this pm. Bouncers showing up. Clubs for rent
sign down. Club room set up for big event.
[EDITOR: No response from Cardeno]
54

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MIAMI MIRROR TRUE REFLECTIONS

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GRAND TRINE LIMITED PARTNERSHIP

Case / Application / Permit Number

ROOM SERVICE LOUNGE II LLC

GRAND TRINE LIMITED PARTNERSHIP

Case / Application / Permit Number

ROOM SERVICE LOUNGE II, LLC

GRAND TRINE LIMITED PARTNERSHIP

743 WASHINGTON ENTERTAINMENT

743WASHINGTON ENTERTAINMENT LLC

8TH ST WASHINGTON PARTNERS INC

Case / Application / Permit Number

743 WASHINGTON ENTERTAINMENT

8TH ST WASHINGTON PARTNERS INC

Case / Application / Permit Number

NO CROWD CONTROL LLC C/O BOSTIC

8TH ST WASHINGTON PARTNERS INC

8TH ST WASHINGTON PARTNERS INC

8TH ST WASHINGTON PARTNERS INC

Case / Application / Permit Number

8TH ST WASHINGTON PARTNERS INC % SRC

8TH ST WASHINGTON PARTNERS INC

CODE: Code Compliance

743 WASHINGTON ENTERTAINMENT

8TH ST WASHINGTON PARTNERS INC

Case / Application / Permit Number

8TH ST WASHINGTON PARTNERS INC

Certified True and Correct Facsimiles of Emails

Dec. 14, 2014

Dec. 12, 2014

Dec. 11, 2014

Dec. 11, 2014

From: David Arthur Walters

From: "David Arthur Walters

Photo from a previous Urban Beach Weekend

MIAMI MIRROR TRUE REFLECTIONS

BLACK & WHITE DISTINCTIONS IN SOUTH BEACH

MIAMI MIRROR TRUE REFLECTIONS

MIAMI MIRROR TRUE REFLECTIONS

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Miami Mirror True Reflections

Miami Mirror True Reflections

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PRIVATE MYSTERY CUSTOMER REPORT

2014-12-09 Walters to Castell

2014-12-09 Castell to Walters

2014-12-09 Walters to Castell

2014-12-09 Walters to Castell

2014-12-09 Castell to Walters

2014-12-09 Walters to Castell

2014-12-09 Castell to Walters

Left 8:53:06 PM - Right 8:56:05 PM

Dec 3, 2014 VIRGIN MOBILE OUTGOING MYSTERY CUSTOMER CALL

2014-12-09 Walters to Castell