It started as a rental business offering pontoon boat rides and jet skis.
But Baby J's Water Cafe quickly turned into a popular Destin restaurant.
The transformation of the floating two story vessel caught the eye of city officials, who say the business lacks a kitchen exhaust hood, a working sprinkler system and a second evacuation route off the boat's upper deck.
"God forbid someone gets hurt or killed on that vessel those are the ramifications. That's the liability we as a City and the Fire Control District don't want on our shoulders," Says Destin’s City Manager, Greg Kisela.
But the restaurant's attorney, Dana Matthews, says the city has it all wrong.
He claims Baby J's isn't required to comply with code enforcement rules because it's not a structure, it's a vessel.
"The violations that the City are alleging are only violations if you're a structure. If you look at the City's Land Development Code the definition of a structure is it has to be affixed to the ground which we're not. We're out over the water," says Matthews.
Kisela disagrees saying the boat doesn't move so it's no different from a restaurant on dry land.
The city issued an injunction to shut-down Baby J's, but the cafe has stayed open.
"They've been operating illegally for 30 some days because they are violating the cease and desist that the Building Official and Fire Marshall has issued to the establishment," says Kisela.
If the restaurant is forced to close, employees worry about their jobs.
But they aren't worried about the safety of their customers.
"Our customers are very safe in there for sure. If anything were to happen I'm sure everyone would get out just perfectly," says Baby J’s employee, Andy Gambert.
A hearing took place late Wednesday afternoon in Shalimar.
Judge Thomas Remington ruled in favor of Baby J's, for now.
There will be another hearing to determine if the cafe is a vessel or a structure.