Dawn Beach: --- The island government of St. Maarten has formally informed the operators of Busby's Beach Bar Daniel Jurczenko that they have denied his request to amend his business license. Jurczenko received the official notification on Wednesday afternoon.According to the contents of the letter Jurczenko requested an amendment of his business license which will permit him to rent beach chairs and umbrellas on March 17 2003.
However considering article 5 of Business Establishment Ordinance gives the executive council the right to deny such a request. The letter further explains that the executive council has concluded that the rental of chairs and umbrellas is not the core of Jurczenko business operation which is a restaurant and bar. Furthermore granting him the amendment would not be in the best interest of the two licensed vendors operating on Dawn Beach.
The executive council also provided a copy of the guidelines as stipulated by law for Beach Activities on Oyster Pond, and he was also notified that based on the planning permit AB 2005 no 3, there is a parking area for public use at the said location.
Daniel Jurczenko has the next 14 days to appeal the decision of the executive council.
In light of the official notification government controllers along with police officers visited Busby's Beach Bar yesteray to see if the businessman would comply with the rules and regulation laid down. However, Daniel Jurczenko continued to conduct his business as usual by placing his beach chairs and umbrellas on the beach. The businessman was ordered to remove the chairs that were not occupied as well as his umbrellas which he did. He was also told that he must not expose his chairs today since the controllers at that point would confiscate his property if they have to.
In a prior interview with SMN News prior to yesterday's development Jurczenko said should he provided with an official document to say he cannot and should not rent chairs and umbrellas he would not put out his chairs instead he would move to the courts. However, that was not the case yesterday when the controllers visited the scene.
In an interview with SMN News Jurczenko said he already appealed the decision of the executive council prior to receiving their notification. The businessman said he met with the Lt. Governor who had notified him of the decision taken by the executive council and he also had the information from other sources. 
Jurczenko said he felt the island government has acted bias in their decision since he was the only businessman who has been singled out. He said all other restaurant and bars that are located on the beach side has the opportunity to rent chairs and umbrellas. He also felt that government should not base their decision on how the license vendors would be affected should they amend his license.
The businessman said not only that government acted bias, they took five years to respond to his request which was done not once but twice and each time he was subjected to pay processing fees. His second request was made in 2007 and government is yet to render a decision on that request. Jurczenko said five years ago it was much easier for him to get a vending license incorporated in his business license but since government slept on his request he is the one they has chosen to punish.
Asked if he intend to put out his chairs and umbrellas again today he said he would be meeting with his lawyer yesterday afternoon and after that meeting he would take a decision on how to proceed with his business operation.
In the meantime, the island government also sent out a letter to the proprietor of Laissez Faire NV, which stated that Jurczenko sent a letter of complaint on their behalf against one of the vendors and his brother in law Jean Paul Rousseau for trespassing on his property while carrying out his vending activities. The island government said that trespassing is an offence and they are referring him to the competent authorities to deal with such a matter.
Laissez Faire N.V has claimed in their letter that a portion of the beach is private property which can only be substantiated by the certificate of admeasurements. However, based on article 5:26 sub 1 of the civil code states that the beaches are presumed to be public domain. Therefore Laissez Faire is obligated to submit an unequivocal deed of ownership to fully substantiate its claim, until such the beaches remain public domain.
The island government also sent out letters to the two licensed vendors who are operating on Dawn Beach reminding them of the conditions of vending operations that are being conducted on Dawn Beach.
