Sarasota News Leader

08/01/2014

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Aker argued that the business had had no communication from county staff about the violations on Dec. 16, 2013, and July 22, just the one on April 23. "We weren't served till … over a month after April 23," Aker added. Therefore, he was not prepared to defend against the alleged December and July viola- tions, he told Wittmer. Assistant County Attorney Scott Bossard said that the county would stipulate that Holderby focus only on the April 23 and July 22 inci- dents, with the latter serving as a follow-up inspection for the former. Holderby then described his April 23 visit to Bob's Boathouse, which began about 10:15 p.m. When the manager on duty asked him where he and a friend wanted to sit, he tes- tified, he requested the outdoor seating area. The manager complied with that request, he continued. When he and his friend departed at 11:20, Holderby added, "There were still people drinking at the outside bar." On July 22, he told the Special Magistrate, he arrived about 10:15 and sat on the outdoor deck once more. Not only was he served a Diet Coke and French fries, he said, but he also saw customers coming outside onto the deck with drinks. Servers continued to bring drinks to people sitting in that area, he added. Holderby said he left about 10:35 or 10:40 p.m. At Wittmer's direction, Holderby explained that county code calls for weekday outdoor dining and beverage service to cease at 10 p.m. unless a customer has placed an order prior to that hour. The deadline is 11 p.m. on Fridays and Saturdays. Special Magistrate Meg Wittmer waits for an answer to a question. Sarasota News Leader August 1, 2014 Page 67

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