Two cited for illegal alcohol sales at Purple Heart Theater
A Florida Division of Alcoholic Beverages and Tobacco investigation at a
members-only non-profit arts foundation event on Fort Myers Beach Thursday
evening resulted in two arrests related to the illegal sale of alcohol.
The ABT agents were accompanied by Town of Fort Myers Beach code officers
and surprised attendees of the Island Arts Foundation’s weekly Soup Bowl
Thursday members’ night held at the Purple Heart Theater.
According to the arrest report, Purple Heart Theater owner Carl Conley and
his wife, Karen Mills, were cited for sale without/improper license by
maintaining a premise where alcoholic beverages are sold unlawfully at the
2915 Estero Blvd. location.
According to Sandi Copes, press secretary for the Department of Business and
Professional Regulation, the two were issued notices to appear in court for
violating Florida statute, but were not taken into custody. A notice to
appear constitutes an arrest but is not a physical arrest, she said.
“Conley was arrested for maintaining a location that sold alcoholic
beverages without a license and Mills was arrested for selling alcohol
without a license. Approximately 80 bottles of alcoholic beverages were
seized along with $85 from the proceeds from the sales,” Copes said.
The arrest report also states code enforcement officer Shane Hilde has
previously advised Conley that he must obtain the proper permitting to
operate a business from the location. A license check by agents revealed
that the IAF has obtained one-day permits for the non-profit organization to
serve alcoholic beverages at past local events.
Conley said the beer and wine purchases were made by donation only and have
been for the extent of the theater’s existence.
“It’s always been that way,” he said. “Council members and (Lee County)
commissioners have been here and put money into that bucket. The Town of
Fort Myers Beach is a dues-paying charter member (of the Island Arts
Foundation). They have sponsored numerous shows.”
While Conley admits there may have been a “technical violation” that night,
he said he would have hoped for a courtesy call instead of the raid.
He referenced an Oct. 30, 2008, letter he said he sent to Councilman Tom
Babcock.
“In that letter I specifically asked him to get the town manager, the town
attorney and the code enforcement people all together for me to remove any
impediments for operating this community theater so we wouldn’t have these
kind of problems.”
Conley, who is planning on running for one of the three open seats for the
Beach Town Council, believes the raid was “politically motivated” and
instigated by a memo dated Jan. 10 by Babcock to Town Manager Terry Stewart.
“I wrote a letter asking for help and they never answered me. I asked town
officials to help me out and specifically mentioned beer and wines sales,”
said Conley, adding the way the situation was handled Thursday night was
“over the top.”
In that memo to Stewart, Babcock asks questions including whether there has
been a response to Conley’s letter; if the Purple Heart Theater has a
Certificate of Use; and if there have been special permits for events at the
theater where alcohol is being served or sold.
Babcock, who says he did not know about Thursday’s enforcement action prior
to the event, disagrees with the claim that the action was politically
motivated. He referenced the same letter as Conley, but believes Conley
never took action afterward.
“This action was taken by the town,” he said. “I’ve been a supporter of the
Island Arts Foundation for years. Over two years ago, he brought to me a
request that he wanted taken to town council regarding a special exception.
As a result of the request, our town staff came back to town council and
said there could be some issues on zoning and permitting.”
Babcock said town council directed the town manager and attorney to sit down
with Conley to discuss issues.
“Mr. Conley did not respond to that request,” he said. “The action that
occurred was because of investigations of the town staff and the
unwillingness of Mr. Conley to work with the town.
“This has been going on for about 2 1/2 years. I have requested multiple
times what has transpired from those interactions. This has not just
happened because Mr. Conley chose to run for town council. It’s not a
personal issue as far as I am concerned. I wish we had a venue like what he
has tried to run. The town needs to ensure it meets all the Certifications
of Use.”
Town Manager Terry Stewart could not be reached for comment on the town’s
next step of action.