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2001-08-09RICHARD S. KELLEY, Esq., Chairman GEORGE HELLER RONALD RANTA, Esq. LICENSE BOARD CITY OF BEVERLY MASSACHUSETTS MINUTES- BEVERLY LICENSE BOARD - AUGUST 9, 2001 Meeting called to order at 6:35 p.m. All members present. Lt. Roccio present. Chairman Kelley introduced the Board. 1. Essex County Liquors, Inc. - Application for a new Wine and Malt Package Goods License, James Fortin, Manager. Matthew Kavanaugh, Esq. present representing the applicant. Attorney Kavanaugh stated it was a business venture with Richard Marino and Mr. Fortin's father. Applicant proposes an upscale wine shop and gift package goods at the Marciano property on Elliott Street. Copy of the plan was submitted. It is owned by Marciano. Approximately 1320 square feet. Floor plan also submitted. There will be no neon signs or banners. No cigarettes, no lottery sales. Store won't open until 10:00 a.m. Upscale design. Mr. Marciano - They have a very strong lease. Mr. Fortin - I am a contractor. Will have small wine tastings. Draw a crowd from the Cummings Center. We hope to be known as a wine specialty store. 114 micro brews. More pricey, different clientele. Minutes - August 9, 2001 Page 2 Mr. Kelley asked if there was anyone who would like to speak in favor or against the application. Who needed to be notified? No neighbors. School within 500'. School for the Deaf- Representative stated neither in favor nor against. Motion - Mr. Ranta - to approve the license. Seconded by Mr. Heller. Motion carried 3-0. 2. Application for a change in license from a Wine, Malt, Cordials and Liqueurs License to a full All Alcoholic Beverage License from Chianti. Matthew Kavanaugh representing applicant. Any questions or comments? Rev. Ruth Stallsmith in opposition to change in license. Attorney Kavanaugh stated he recommended strongly that Mr. Marino change his license. Felt it was a good business decision. It will be a nice compliment to his business. It is consistent with his operation of business. It is complimentary to his business. Mr. Marino - Has not intention of changing Chianti. Customers have requested this. In our restaurant drinks compliment food. Mr. Kelley - Your package store is All Alcoholic? Yes. In terms of what is in the surrounding area? There are several. Mr. Heller- Will clientele change? No. Will hope that we will get more single people. Mr. Kelley asked for anyone in favor or against? No one present. Minutes- August 9, 2001 Page 3 Mr. Ranta - Motion to approve the change in license. Seconded by Mr. Heller. Motion carried 3-0. 3. Transfer of License - Crackers. Attorney Joseph Motskin present representing Brian MacDonald. Submitted abutters mailing, executed Purchase and Sale, Lease being negotiated. Looking to purchase this restaurant and bar. Not looking to make changes. Not looking to add seats.. Looking to take over the restaurant. The owner of this restaurant, Mr. MacDonald, has extensive experience. Has been owner and operator of restaurants. Other owner is a trust. Mr. MacDonald - Have lots of experience with liquor licensing laws. Pretty familiar with the process. Mr. Kelley - Where are you working now? NE Aquarium, doing private events. Grantor is Katherine O'Donnell? Yes. When does the trust terminate? 25 years trust, 2022. Are you taking over the lease? We are negotiating with the landlord. We can take over the lease or get a new one. It seems to be a continuation of the current operation. Anyone in favor or opposed to this transfer application. No one present. Mr. Ranta - Motion to approve the transfer of Crackers' License. Second by Mr. Heller. Motion carried 3-0. 4. Attorney Thomas Alexander present representing the Kourkoulis' at The New Commodore invited in by the Board to discuss the status of the license. Minutes - August 9, 2001 Page 4 Mr. Kelley - The license has not been utilized. 1½ years not in use. Mr. Alexander- A number of things occurred. Anticipating that we are not going to run the restaurant. Will be coming in with a transfer of license within two months. Transfer to take tenancy in March. Mr. Kelley - I can't stress enough the timetable. It is very important. Each time we have been told the-owner is going to start construction. We do not allow pocket licenses. I am speaking for the Board. When you come in, have a tight timetable. It has run quite an amount of time. Pushing the limit right now. Mr. Alexander- We have executed the lease. Mr. Kelley- We have in the past not renewed licenses that were not in use. You must understand 100% the Board's intolerance of pocket licenses. When will construction begin? Mr. Alexander- By the end of October. Person taking over in April. We will build the shell. Tenant will do set up. 5. The Press Box - Invited in regarding Police Reports. Attorney Altshuler present. You gave reports of incidents where Press Box was mentioned. It gave me an opportunity to investigate. I have spoken with three of them over the phone. Thomas Kenney - It took place February 2000. Thomas Kenney was the bad guy. Was pulled over, for an intentional driving into another vehicle. Appeared to be intoxicated. 2-year sentence. Minutes - August 9, 2001 Page 5 Bekel - 41 - first offense - No one seems to know him. Involved in an accident - pleaded guilty. A .08, pretty low threshold. Rollins - Again - not picked up for being drunk. Picked up for speeding and was sentenced to 18 months, 60 days to be served. He had a 40 oz. Bottle of beer not gotten at Press Box. Justin Ober - 25 years old. Blew a .09. Stopped for erratic behavior. Stopped for speeding. Stopped at 2:30 a.m. Got last drink at 10:30. In these situations they were picked up for other offenses. 2 of these 4, 2 for speeding. Don't know how the owner can control this. Understand there are a number of instances. It is a busy place. It is a younger crowd. Young people have to have a place to go. Mr. Heller - Are employees TIPS trained. Yes. This is not a result of neglect. It is a result of a difficult business they are in. There is not way employees can see .08, .09. 1.0. Has changed the doorman, tightened up things. This is the nature of his business. It is a place young people go. Is he attempting to resolve this? Yes. We are trying. Do not know what more we can do. There are about 20 people who work there. Ask that the Board look on The Press Box with compassion. We have investigated this. Asking you to temper your decision with some sort of compassion..Attempting to resolve the problem. Shouldn't some of the responsibility fall on the individual? Asking the Board to temper justice with compassion. Mr. Kelley- Brought out good points, brought out some info that maybe didn't come out in first reading. However, fact is there have Minutes - August 9, 2001 Page 6 been 4 reports and it is more than coincidence. Some (blame/responsibility) should be on the person. Protection of the people is paramount. Mr. Ranta- Motion that the July 21 report not be considered. Table the discussion to October meeting. Discussion of this incident. Seconded by Mr. Kelley. Motion carried 3-0. Mr. Kelley- My only consideration is the four notices. There is an equal playing field. All are subject to the same rules and regulations. It is difficult to determine. Everyone is in the same boat. Obligation to take action. Need to impose some sanction and set example. Perhaps 34 day suspension. Mr. Heller- I agree. The Press Box has had more complaints than all the licenses in the City. Mr. Kelley- Usually take action tonight. There is this incident on short notice. It gives The Press Box time. It needs to be separate. Need time to investigate and for Board to digest it. Mr. Ranta - The suspension of 3-4 days. Starts a precedent. Need to take action. Mr. Altshuler - If a suspension can, it imposed on a Monday, Tuesday or Wednesdoy. Mr. Ranta- Board has always allowed business to select a day. Policy has been to allow for three Mondays. Mr. Ranta - Motion to suspend license for 3 days in 3 consecutive weeks. Seconded by Mr. Heller. Motion carried 3-0. Minutes - August 9, 2001 Page 7 The suspension commencing August 13, 20 and 27. 6. Miscellaneous- Approval of one-day licenses. Motion made and seconded. Motion carried 3-0. Brew House temporarily closed. Chickie's application for an Entertainment License - Neighbors to be notified. Kitty O'Shea's coming in at next meeting. Next meeting scheduled for September 13, 2001. Meeting adjourned at 7:55 p.m. Respectfully submitted, Linda Giallongo, Clerk