Special magistrate finds Empire Lounge in violation of noise ordinance, fines $500

Amity Barnard, special magistrate for the City of West Palm Beach, found Empire Lounge in violation of city noise rules for a Dec. 6, 2024 incident and imposed a $500 fine as the first-offense penalty.

The finding followed testimony from West Palm Beach police officers who said they had responded to multiple complaints and that music from the lounge was “clearly and plainly audible” from a distance greater than 25 feet. Officer Christian de Carballo Padilla testified that on the night in question he spoke to the manager, identified as Delroy Blake, and issued a written warning after confirming the noise was audible from a parking area. Officer Tony Tran testified he later issued a first-offense citation when repeated complaints continued and confirmed the officer’s position approximately 255 feet from the music source during his observations.

The magistrate’s ruling focused on section 34-36(a) of the city code, which prohibits making or continuing any unreasonably loud noise that is plainly audible at 25 feet or more. The magistrate said the plain-language provision does not require a decibel meter reading outside the downtown entertainment district and that the officers’ personal observations and the recorded distances satisfied the city’s burden. The magistrate declined to find for a related subsection cited by the city (34-36(b)(9)(a)) because, she said, the city had not put forward sufficient evidence on that particular subsection.

Delroy Blake, who identified himself as manager and owner/manager of Blake Plaza where Empire Lounge operates, acknowledged the officers had issued a warning and later a citation. Blake and representatives said the business had made changes after the warning, including repairs to the front door to reduce sound escape and acquiring sound meters to monitor levels. Owner/manager Charnad Thompson testified the lounge had adjusted doors and taken other steps to limit noise.

Attorney Olin McLean and a representative for the plaza sought a continuance to allow further review with city administration and the district commissioner; the magistrate denied that request on the grounds that the December citation and the warning preceding it had provided notice and that the case was ready for adjudication. The magistrate said any policy changes about meter requirements or district boundaries would be a separate matter for the city to consider.

Because the city code prescribes a $500 penalty for a first offense under the cited section, the magistrate imposed that amount. The ruling was limited to the violation of section 34-36(a); the magistrate said the record did not support the other subsection cited by the city. The hearing record indicates the fine is a one-time civil penalty; the magistrate told respondents they would be mailed a written order reflecting the decision.

The magistrate encouraged the parties to confer with city administration about whether policy changes are appropriate in the future. The lounge representatives said they would continue working with code enforcement to reduce noise and present additional materials if needed.