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2001-07-05RICHARD S. KELLEY, Esq., Chairman GEORGE HELLER RONALD RANTA, Esq. LICENSE BOARD CITY OF BEVERLY MASSACHUSETTS MINUTES - BEVERLY LICENSE BOARD - JULY 5, 2001 Meeting called to order at 6:35 p.m. All members present. Board introduced by Chairman Kelley. Lt. Roccio, police liaison, also present. Jubilee Yacht Club - requests for one-day licenses for a fundraising regatta they sponsor each year. Representatives from Greater Boston Chapter of National Spinal Cord Injury Association and Jubilee Yacht Club present. Jubilee representative stated Club has a clean history. Officers will be attending functions. Food is served all day. It is a family function. People come and go all day. Chairman Kelly stated the precedence is the problem. Board typically gives one-day licenses for four hours. Not very often but sometimes do issue a license for 5 hours. Would having a police officer make a difference? No, security is not an issue. Mr. Heller agreed with the Chairman that it would be setting a precedent. 5 hours is a much as I can go. -2- Mr. Ranta- Will agree to five hours but do not feel we can extend to 7 hours. It is not a reflection of the party. Mr. Kelley- Will the beer tasting be in the same area. A discussion followed. All agreed it was a unique matter. Mr. Ranta- Motion that a Beer and Wine License be issued from 4:00 to 6:00 p.m. for the Beer Tasting only (to be held in a separate area) and a second license from 6:00 to 11:00 p.m. be issued for the auction. Seconded by Mr. Heller. Motion carried 3-0. 2. The Press Box - Invited in by Board. They were represented by Attorney Jack Altshuler. He stated he received the two complaints. On one the person placed in protective custody. Nothing done. No court. Surprised it was not an arrest. Mr. Kelley - It is a concern to the Board. He willingly stated he had been at the Press Box when asked. Mr. Altshuler- Was not tested for sobriety. He said the Press Box was not the only place he was drinking. RE the so-called fight. Would like the Board to know that the fight took place across the street. Took place on the outside across from the Post Office. I spoke to the woman. No field test done. No sobriety test. She said she would try to be here tonight, but she works nights. She is assistant manager at Vinny Testa's. She saw her boyfriend taking a phone number and she slugged him. She was totally out of control. She hit him and left. He followed her out. -3- The perpetrator is going to court. Case is pending in Salem District Court. Is waiting to be tried. He worked with her until 10:30. Didn't get to the Press Box until 11:00. It was domestic. This was a domestic Assault and Battery. Mr. Kelley - Don't have to go into great detail. They are separate incidents. It is the totality of all the incidents. Mr. Altshuler - Would like to present information as I have 3 witnesses - Linda Riveira - bartender and manager at Press Box. Has worked there for 8 years and is TIPS qualified for life. Attorney Altshuler questioned Ms. Riveira - What are the policies at the Press Box if you feel that someone has had too much to drink. We have a free buffet. We take their keys and call a taxi and pay for it. We give them a soda and call a cab. On March 20 were you working? Yes. Did you see Kathy Knight. Yes, came in close to 11:00. She is a quiet girl. You saw her walking in? Did you see her have a drink? Draft beer. Did you see what happened? Did not. Did she seem drink. She was quiet. Give no indication that she was drunk. Mr. Kelley - How frequently does she come in? Not very often. Maybe a couple of times. You knew her by name and sight. You know a lot of patrons by name? Yes. How crowded was it. Not busy, it was a Monday. I went in at 9:00. Was doing inventory. You were there about 2 hours? Yes to take stock and inventory. Were you behind the bar? In the cellar, up and down. You said you saw her. Did you talk to her? Just said Hi. Mr. Ranta- Did you know Keith? No. Christopher Rivendo. Have worked at the Press Box just over a year. What do you do? Recently graduated from Salem State. On the night in question were you working? Did you go out that evening with Jen. Went shopping and had dinner at Vinny Testa's. Was Kathy Knight working? Yes. Do you know her? As an acquaintance. Friend of the person I was with. Was she working? Yes. Did you leave Vinny Testa's about 10:30? We had dinner and one or two drinks. As we were leaving Vinny Testa's Miss Knight approached us and asked what we were doing. Said we were going to Press Box. Do you think she was under the influence? No. Did you see her working? Yes. Did you have any trouble understanding her? No. Then what happened? Miss Marcos dropped me off. Did you order at drink? No. Did you see Kathy Knight? Saw her come in? Did you notice if she was under influence of anything? No. Did you play pool? Did she have anything to drink? One beer. We were playing pool. Did something happen between her boyfriend? As we were playing pool, Katie saw her boyfriend talking with a young girl. Katie walked up to him, slapped him and grabbed her stuff and went out. Was she under the influence? No. -5- Saw Keith leave the bar in pursuit. About 10 minutes later the bar got a call that there was a problem, she needed help. Where was the problem? Across the street on the sidewalk. I walked out. Noticed the boyfriend standing over her. Kathy was lying on the ground. She was crying. I told doorman to call police. What did Keith do? He took off. She was lying on the ground saying she wanted to kill herself. She was hysterical. Kept carrying on. Could you understand her? Yes. Speech was very clear. She was still on the ground? Yes. What happened when police arrived? Questioned. I explained what happened. Miss Knight did not help police. She did not tell anyone anything. Did she give police a hard time? She was not cooperative. Did you observe? Yes. There were 2 cruisers, 3 - 4 officers. What did you tell the police? Told them they were using too much force. I observed she was told she would be arrested if she did not tell her name. She resisted. 90 lbs., small girl. She kept telling them to leave her alone. Police officer swore. Got in my face. Officer Rollins, Badge 5. Did you subsequently go to Police Department? Yes, to follow up on my complaint. Spoke with individual. Wanted to file a complaint. Believe I spoke with a lieutenant. Explained unreasonable force was being used. Wanted to follow up with complaint. During the conversation did you tell police he said she was intoxicated but it couldn't be? Did you identify yourself as assistant manager? Yes. Nothing indicated to me that she was intoxicated. She was hysterical. Was she under the influence? She had 1/2 beer, if that. There was nothing -6- about her to indicate that she was intoxicated? Nothing about her that she was drunk? No. Mr. Kelley - How long have you worked at the Press Box? 14 months. Prior to that was at Palmer Cove. How long did you know her? Have seen her 4 or 5 times. Have seen her at the bar. She is my girlfriend's friend. Did you know Keith? No. Never seen him before. Miss Marcus called from her cell phone. I have never seen her have more than 1 - 2 beers. Wally Gary Solsman - Employed by Post Office and Press Box. How long? 20 years. Door man and bartender, Were you working? Yes. Did you see Kathy Knight come in? Watched her walk in. Was she under the influence of anything? No. Asked her what she wanted. She said a beer: She sat at the end of the bar. Then started playing pool. She slapped her boyfriend and went out the door. How long? A few minutes. Did you see her go out? Left with Jen. She called Press Box. Asked to send Chris outside please. I told Chris to go outside. Something was wrong. Chris went out. Did you? No stayed in the vestibule. Katie was between two cars. Jen on the sidewalk. I went running over. The kid started running. I asked if it was the boyfriend. He was over by Casa de Luca. Katie was hysterical. Was she drunk? No. Do you think she was under the influence? No. Continued with hysteria. She was lying on the ground. Didn't get up. Kept saying, don't touch me. Shortly police arrived. Asked JK to call police. One officer went to look for Keith. She didn't talk to the police. She was -7- screaming. Intoxicated? Anything lead you to believe she was intoxicated? No. You knew Kathy? Saw her a couple of times that I know of. I know she was a friend of Jen's. How many bartenders on that night. Just me, Chris was not serving. There was a waitress, Rose on also. The drink came through you. As far as you know you didn't see her have anything else. You don't know if she got another drink. She was hysterical. Never seen her intoxicated? No. Have worked 20 years in various capacities. 16 -18 years as part-time bartender. Did you go out with Chris? I told the doorman to go out. Chris told JK to call police. I went out. Katie was screaming, yelling and crying. Keith never been in the bar before? Never been in the bar. How long was she in there? About an hour. How much did he drink? 2 beers. If someone is intoxicated you call a cab? How often in the last 6 months? Twice. I work Monday night and Sunday day. Next meeting scheduled for August 9 at 6:30 p.m. Approve 1 - day license for Endicott. 4 hours. Motion made and seconded to reinvite the Commodore to come in. Meeting adjourned at 7:20 p.m. Respectfully submitted,