10/14/2004
ADMINISTRATIVE HEARING
CITY OF CLEARWATER
October 14, 2004
Occupational License Appeal – Dennis DeBon
Present: Bill Horne City Manager
Bryan Ruff Assistant City Attorney
Robert J. Surette Assistant City Attorney
Jeff Kronschnabl Development & Neighborhood Services Director
Bob Hall Development Services Manager
Patricia O. Sullivan Board Reporter
Also Present: Dennis DeBon Appellant
Appellant Exhibits: 1) Photograph of regulation Las Vegas Black Jack table
2) Copy of U.S. Code: Title 15: Section 1171
3) Comparison of regulation casino blackjack table with appellant’s
amusement card table.
4) Copy of Florida Statute 849.231
5) 12-3-1986 letter from Florida Department of Business Regulation,
Division of Alcoholic Beverages and Tobacco indicating the division will
not take action or file administrative charges related to Mr. DeBon’s
amusement card table.
6) 12-16-1986 letter from States Attorneys office, 2nd Judicial Circuit of
Florida, absent background and facts as presented to the States
Attorney, stating the amusement card table does not violate Florida
Statute 849.
7) 12-26-1990 letter from Florida Department of Business Regulation,
Division of Alcoholic Beverages and Tobacco indicating no violation
exists to Florida Statue 849 re amusement card table but specifically
indicating opinion is not binding on any other agency and suggesting
that reader contact local police agency and local office of State’s
Attorney for further guidance.
8) Amusement Card Table
City Exhibits: 1) Photographs of appellant’s table seized by Pinellas County Sheriff
from the Jungle Island bar in Madeira Beach
2) Photographs of appellant’s table seized by Pinellas County Sheriff
from the New York New York bar in Clearwater.
3) Copy of Complaint/Arrest Affidavit/Circuit/County Court/Pinellas
County, Florida re Paul Anthony Donadio – Charged with Possession
of Gambling Device, a misdemeanor on 8/25/2003 re Florida Statute
849.231(1) (Ream) plus Order to Approve Pretrial Intervention – dated
12-15-2003, plus Motion for Dismissal – dated 6/16/2004.
4) Copy of Florida Statute 849.231 re gambling devices
5) Copy of City Ordinance, Section 29.31 re license issuance
requirements for new businesses
6) Copy of Florida Statue 849.05 re Prima facie evidence
7) Copy of Florida Statue 849.01 re Keeping gambling houses, etc.
Administrative Hearing 2004-10-14 1
The meeting was called to order at 10:00 a.m. Assistant City Attorney Bryan Ruff
reviewed the procedure. The City Manager will issue a ruling within 10 days.
Assistant City Attorney Rob Surette reported he had investigated activities related to the
seizure of the applicant’s blackjack tables by the Pinellas County Sheriff and determined that
Dennis DeBon’s occupational license request was being sought for an unlawful activity, which is
grounds for denial. He reviewed Sheriff activities related to the 2003 seizures of Mr. DeBon’s
blackjack tables from the Jungle Island in Madeira Beach and from New York New York in
Clearwater. He said Mr. DeBon’s exhibit appears to be substantially the same as photographs
of the seized tables. Mr. Surette testified he had sought the opinion of the State’s Attorney
regarding this issue and reported Bernie McCabe, State’s Attorney for the 6th Judicial Circuit,
through Glen Martin, had opined the seized blackjack tables fit the provisions of State Statute
849.231, are contraband, and are unlawful to possess. The tables are being held as
contraband. He said Mr. DeBon could contest the seizure, file a motion for the return of the
property, and allow the court to determine if the tables are contraband.
Mr. Surette referenced City Exhibit #5, which requires the Police Department to conduct
background checks for occupational license applications related to certain categories of
business.
Assistant City Attorney Bryan Ruff introduced City Exhibits 1-5.
In response to questions, Mr. Surette reviewed his investigation, indicating he had
obtained photographs of the seized tables from Mr. Martin. He never spoke with Randy Reems.
The State does not have a Gambling Commission. He said the ATF (Bureau of Alcohol,
Tobacco, and Firearms) investigates gambling. He did not speak with Development Services
staff before making his recommendation.
Discussion ensued regarding the Appellant’s Exhibit of an amusement card table. Mr.
Surette said while the wording and shapes on the felt top differ from a photograph of a
regulation casino table, the table’s half-moon shape and its base and trim are very similar to the
table featured in the photograph. Mr. Surette said he had never seen a regulation casino table.
Mr. DeBon objected to the process used to investigate his background. He said the City
is denying him the right to earn a living. He reviewed Florida Statute 849.231, noting the type of
table he has is not listed and his table is not commonly used nor designed for use in gambling
houses or establishments. He reviewed U.S. Code: Title 15: Section 1171, referenced in
Statute 849.231, noting the definition of a “gambling device” does not apply to his table. He said
his table was not manufactured for gambling. He said for the past 16 years, his activity has
provided amusement games only for the entertainment of nightclub patrons all over Florida.
Mr. Surette reviewed the Madeira Beach equipment seizure, reporting the dealer had
participated in pretrial intervention after being charged with possession of a gambling device.
He said the exhibited table could be used for gambling.
Development & Neighborhood Services Director Jeff Kronschnabl said the police
background check is necessary to verify the character of occupational license applicants. He
said previously Mr. DeBon had been convicted of drug trafficking. Also, City staff has
Administrative Hearing 2004-10-14 2
determined the activity he proposes is illegal. He recommended Mr. DeBon obtain updated
opinions related to his activity. City inspectors do their best to verify that all amusement devices
in the City are properly licensed.
Mr. DeBon said since the 1980s, amusement card tables have been a feature of
nightclubs throughout the City at Hooters, the Adams Mark Hotel, Calypso Bay, and Bombay
Bicycle Club, etc. Mr. Kronschnabl said staff takes appropriate action when they find unlicensed
amusement devices. Mr. DeBon said he is licensed to operate his amusement card tables in
Hillsborough County. The City Manager indicated Hillsborough and Pinellas counties are
located in different judicial districts.
Mr. DeBon said his equipment does not violate Florida Statute 849.231 or U.S. Code:
Title 15: Section 1171. He said the Sheriff’s Department began to target his business last year
and confiscated his equipment. He said he has not been charged with gambling and is unable
to fight back. He said he redesigned the layout of the table to avoid any similarities with
regulation Las Vegas Black Jack tables and to meet Florida law. He said gambling is not
allowed at his tables. The City Manager said that laws, which regulate certain activities, differ
among local governments.
The City Manager concluded the proceeding at 11:30 a.m.
Administrative Hearing 2004-10-14 3