Sarasota News Leader

08/01/2014

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His inspection visits, Holderby said, were on weeknights. When Aker asked Holderby whether he asked to be seated outside, "knowing that that would be a violation," Holderby said, "I did." "Is that customary for you to knowingly put yourself in a position to create a violation?" Aker asked. "Mr. Aker," Holderby responded, "How am I supposed to know if the ordinance is being violated if I don't test it?" "By observation, Mr. Holderby," Aker replied. Holderby reiterated that people were served well after 10 p.m. on the nights he visited the restaurant. At one point, Aker questioned him, "How do you know they didn't put their order in before 10 o'clock?" If he arrived at 10:15 p.m. and left at 11 p.m. and people still were being served out- side, "wouldn't that constitute a violation?" Holderby asked Aker. "Well, I don't know," Aker said. "Perhaps not." "Mr. Aker, I saw people being served, handed drinks, when I left from outside, OK? You don't sit at a bar — most people — and sip a drink for an hour and a half," Holderby replied. "Well, that is an assumption on your part, isn't it?" Aker retorted. At the table during the hearing are (from left) Bob's Boathouse manager Mariah Bogert, James E. Aker, Code Enforcement Officer James Holderby and Assistant County Attorney Scott Bossard. Sarasota News Leader August 1, 2014 Page 68

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