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Tuesday, May 14, 2013

The "As The Beach Turns" Story

It was an ordinary day.  Taking my first early morning walk on Orient Beach which is located on the French side of the island of St. Martin.  Most looks the same as last year ........ except there seems to be another beach bar on the beach.  For years and years there were five main beach bars which were known as the "5 Stars of Orient."  They were Bikini Beach, Kon Tiki Beach, Coco Beach, Waikiki Beach, and Kakoa Beach.  The story goes that over 20 years ago the French government, in order to encourage tourism on Orient Bay, leased the beach to a business owner who built five identical beach bars and he then issued long term leases to operators for the beach bars.  Over the years the five beach bars made renovations such that today the beach bars no longer resemble each other.  Seems that every tourist has their favorite and parks themself in front of that bar, pays for chairs and umbrella, and buys their drinks and food from that bar.  Well, today there are TWO Bikini Beach bars with different colored chairs and umbrellas and two places to eat.  Wondering what's going on so I walked up to one of the beach boys who I recognized from last year and asked what was going on.  He was extremely upset with the situation, but tried to answer me the best he could.  I eventually checked my computer to find out the details and discovered a small war between a few of the beach bars and a Mr. Norbert Luftman.  I must admit that I am totally confused and have tried to read more about the situation, but have become even more confused the more I read.  I will try to not take sides during the rest of my story, because I know how easy it is to take sides when you don't know all the facts and I am claiming right now not to know all the facts.  The story allegedly goes like this ....... years and years ago the Beauperthuy family from France had established The Saline Company on the Orient Salt Pond and laid claim to the territory known as Orient Beach.  Then, back in 1992 that same land was given, by means of an AOT (Authorisation d'Occpation Temporaire) by the government of St. Martin to the Sindextour Company which was owned and operated by Mr. Norbert Luftman.  It was questionable if the government of St. Martin had the right to do so, but they did it anyway.  The AOT was like a long term lease and Mr. Luftman built the five beach bars and sub-leased them to five beach bar owners.  The bars became known as the "5 Stars of Orient."  Bikini Beach Bar is run by Elisa Cohen and Kon Tiki is run by Phillipe Just. The beach bars all pay Mr. Luftman for allowing them to have the bar on Orient Beach or property AW33.  Mr. Luftman then pays the government for allowing him to have the AOT.  And, now the plot thickens.  It seems that in 2009 the AOT suddenly was terminated for Mr. Luftman, but he did not tell the bar owners who were paying him approximately $120,000 a year in rent. Mrs. Cohen discovered that she had been paying Luftman from 2009 to 2011 and he no longer had the AOT to collect it so she and Mr. Just decided to pay the government instead of Mr. Luftman and then applied in February of 2012 for their own AOT with the Government.  She also sued Mr. Luftman to get her money back for the two years she paid him when he no longer had the AOT.  A few months later Mr. Luftman also re-applied for the AOT for the same property that he had lost and was now being applied for by Cohen and Just.  It seems the reason that Mr. Luftman lost the AOT in the first place was because the Beauperthuy family wanted the land back from the government.  What a mess!!  Then the government gave Mr. Luftman his AOT, much to the dismay of Mrs. Cohen, and since she wasn't paying him any money anymore, he had others move in and take her chairs off the beach and open another Bikini Beach Bar right next to the Cohen's Bikini Beach.  He also claimed to have the rights to the title "Bikini Beach Bar."  And, that's a brief summary of what I saw and hear about today.  Who holds the rights to the land and who will come out on top in this battle?  Legal wrangling is now taking place and some of the high government officials along with Mr. Luftman are being charged criminally with fraud for getting the AOT back illegally instead of Mrs. Cohen gaining the AOT.  Is money changing hands illegally?  The courts are deciding who the original owner of the 1600s property AW33 really is.  And ..... the courts of France work extremely slow.  My very basic story I just gave you of a totally complicated legal situation is amazing.  How will it end?  You picking sides yet?  I have my favorite, but I can't tell.  I'm not even sure I have the facts straight yet!!  I'm sure that when I return in a year nothing will be resolved.  Make a great soap opera!  It was another extraordinary day in the life of an ordinary guy.
The new Bikini Beach Bar directly next to The Original Bikini Beach Bar 
Sign on the Original Bikini Beach Bar
Surfboard sign by the Original Bikini Beach Bar
New logo for the new Bikini Beach Bar.

2 comments:

  1. What a sad story. And I thought timeshare legislation and mishandling was complicated.

    I've been enjoying Bikini Beach Bar for years and was looking forward to another visit this Dec. Alas - it appears that I will have to find a new place to enjoy myself at. Certainly NOT the upstart Bikini-Beach-wanna-be bar.

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  2. Same here Elisa knew how to capture the tourists as well as the locals. I stopped by the new copy cat looked at the menu and went down to Cheryl and Andy's

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