2002-06-06
MINUTES – BEVERLY LICENSE BOARD – JUNE 6, 2002
Meeting called to order at 6:35 p.m.
All members present. Lt. Roccio present representing Police Department.
Chairman Kelley introduced members of the Board, Police liaison and Clerk
for the Board.
1. Yank’s – Application to extend dining area to former store area.
David Bergmann present. Store is presently to the right of the
restaurant. Plan of the premises submitted to Board.
Chairman Kelley asked if there was anyone present who wished to speak
either in favor or against granting the application. No one present.
Mr. Bergmann stated they would like to extend the restaurant into the
area, which is presently a retail store. It would allow approximately 14
more seats.
Motion – Mr. Ranta – to approve the application. Seconded by Mr.
Heller. Motion carried 3-0.
2. Application from Salim Uddin dba L’il Peach for a Beer and Wine
Package Goods License at Essex Street. Represented by Attorney
Jack Altshuler.
Mr. Atlshuler stated that Mr. Uddin is from Bangladesh. Came to
America in 1990. He is a very hard worker. Worked to get his
citizenship. Lives in Beverly and earns his living here. Submitted a
petition with 524 signatures of abutters, abutters to abutters and citizens
in that area neighborhood.
Minutes – June 6, 2002 Page 2
Stated this has been a convenience store for more than 30 years. Traffic
and trucks are already there. Noise – Minimal change. Mr. Uddin has
been the manager for three years in this store. People like him. People
like his work ethic.
Mr. Kelley asked about the petition. It is of customers who come into
the store. What is his experience with alcohol? Manager of Pisani’s
Market for 4 years. Worked from 1999-present at L’il Peach. 1998-1999
handled the management of the store for his brother. Before worked at
Eastern Lobby Shop, New York and Nathan’s Restaurant serving. What
was your capacity when you worked at Nathan’s? Supply beer to the
tables, bar manager. Still helps brother at Pisani’s. He became a citizen
in April 2000.
Mr. Kelley stated receipt of an e-mail from William Mahan, directly
across from the market stating he has no objections to the granting of the
license.
Letter from Barbara Smith, 4 Gardner Street, entered into record opposed
to granting of the license. Objections – two other licenses in the area,
safety of children, increased traffic, and delivery trucks, noise and trash.
Telephone call from Frances E. Toren, owns property at 163 Essex
Street, lives in Arlington in opposition to granting of license.
Objections – trash, increased traffic, unsavory persons frequenting the
store, general hubbub, increase in truck deliveries.
In favor –
Don Hennessey, 3 Ray Street – Hard working individual. Hopes the
Board does the proper thing.
Betty Connolly, 401 Essex Street, find him polite, store clean.
Ron Brennan, 6 Baker Avenue – Agree about moral character. Good
Operation. Free country. He’s trying to make a living. Don’t see it
being a Kappy’s.
Minutes – June 6, 2002 Page 3
Barbara Hennessey, 3 Ray Street – Property kept spotless. As far as
deliveries, there are trucks there, don’t fee it will change any. Great guy.
Dave French, 89 Essex Street – Looked at the traffic passing through.
There are delivery trucks on Essex Street and in the parking lot. Keeps
the area clean.
560 people in signed petition in favor.
In opposition –
Sean Philpot, 9 Pearl Street, - live down the street. I agree Salim is well
liked. Not everyone on the list is an abutter. 78 signatures from
residents around the store. Oppose L’il Peach license. It will increase
litter and crime.
Petition submitted.
Smith Anthony, 17 Gardner Street – we are not sure how to combat this.
Consider this to be detrimental. We on Gardner Street are opposed.
Traffic – trucks unloading, evening traffic, increased potential for crime,
litter, selling to minors.
Maureen Hobin, 6 Gardner Street – Front door is 50” from the store. Not
so sure about Mr. Altshuler’s statement about abutters to abutters. Have
lived there for 18-19 years. There will be problem with trucks, will be an
extra volume of trucks. I have an issue – How Salim will be able to
police alcohol. Lots of teenagers in the store. Can they steal beer and
wine? How is he going to police it? Area is saturated. I’m just 10 doors
down. We already put up with a lot.
Beverly Tomkins, 17 Gardner Street – Nothing against the business
owner. Lots of litter in the street. Contacted L’il Peach – very
cooperative. I don’t want a liquor store in my backyard.
Brian Fish, 151 Essex Street – We deal with the trash. Concerned about
increase. Do not want neon signs advertising beer.
Minutes – June 6, 2002 Page 4
Bridget Fish, 151 Essex Street – Like the convenience but feel property
value will decrease.
Mr. Ranta – Contacted by many people indicating that they along with
others did not have opportunity to rally support. There was a conflict in
meetings this evening. There was a public concern. With that said I
would make a motion that the Board allow discussion to continue into the
next meeting to give everyone an opportunity to be heard.
Mr. Altshuler – Do not feel that anything different will be heard, but we
do not have a problem.
Mr. Ranta – Feel that they should be heard.
Mr. Heller – Feel people had the opportunity contact the Board.
Discussion followed.
Mr. Kelley – Have reservations, already have people on record. Want to
point out parameters.
Statute is clear. Issuing implies no intention to create rights for applicant.
Additionally, allowing to meet public need and serving public good. Try
to focus on issue at hand. Character of business owner. Everyone
concedes he is of good character.
Mr. Ranta – Motion to allow discussion to be continued in the next
meeting with any new evidence or witnesses in favor or against. Limited
to those who have not spoken. If there is a statement or an agreement,
make your point then have the people who do support it and have them
sign.
Seconded by Mr. Kelley. Mr. Kelley and Mr. Ranta in favor, Mr. Heller
opposed. Motion carried 2-1.
Next meeting scheduled for July 11 at 6:30 p.m.
Mr. Ranta excused from the meeting.
Minutes – June 6, 2002 Page 5
3. Essex County Liquors dba Alexander’s – Scott Belanger and Jim
Fortin present. They stated they basically are changing the officers
and directors in the corporation. The Marinos are selling their half of
the business to Scott Belanger. The manager, Mr. Fortin, will remain
the same.
Mr. Kelley – Will he be a silent investor? No, Mr. Belanger will be
active. Does he have experience in the business? Not in alcohol.
Recommend he take a TIPS course.
Mr. Belanger stated he intended to take the course.
Mr. Kelley asked in there was anyone present to speak about the license.
Mr. Marino present and stated he was in favor.
Mr. Heller – Motion to approve the application. Seconded by Mr.
Kelley. Motion carried 2-0.
4. Crossing Corner Market – Application for a transfer of license from
Dipti Patel to Crossing Corner Market, Inc., Hanh Thi Tran, Manager.
Atty. Tom Truleaux with offices in Salem present representing the
applicant. Hanh Thi Tran will be the President and Clerk of the
Corporation. He husband will be treasurer. Have a Purchase and Sale
Agreement. It will be a cash transaction.
Do either have experience in the liquor industry? Each has had about one
year’s training at a prior package store.
Board recommended that they take a TIPS course.
Mr. Truleaux – Both will be working in the store. In the P & S
Agreement seller will give 14-day training period. We request the
transfer be approved.
Mr. Kelley – How many hours do you envision working? 10 hours a day.
50 hours each a week.
Anyone present in favor or against who wishes to speak. No one present.
Minutes – June 6, 2002 Page 6
Mr. Heller – Motion made to approve the transfer of the Beer and Wine
License. Seconded by Mr. Kelley. Motion carried 2-0.
5. Pisani’s Market – Invited in by the Board re Police Report dated April
22, 2002.
Lt. Roccio present representing Police Department as well as Detective
Richardson.
Lt. Roccio stated Liquor Patrol observed individual leaving the
establishment. Believed the individual to be under age. Individual was
arrested. He went into the store with brother’s ID. License had expired.
Do not feel that they used due diligence.
Detective Richardson – Friday and Saturday night were out. Quite
evident that this person was under age.
Mr. Kelley – When did license expire? August 2001. Expired eight
months previously.
Mr. Kelley – Has this individual been charged?
Det. Richardson – There should be more discouragement. Owner should
make effort to move young people along. They have lots of people
hanging around outside.
Clerk in the store was a man. Did you find any other license? No.
Atty. Bernard Goldberg present representing Pisani’s. Young man was
in the store.
How old is the clerk? 30 years old. We have no objection to the
testimony. Submit to you that the clerk did ask for the ID. He slipped
by. It wasn’t enough.
Lt. Roccio – Submit that the Board has zero tolerance. Mass ID, photo
ID, Military ID should be only IDs. .
Minutes – June 6, 2002 Page 7
Mr. Goldberg - Anyone must show ID. Will continue more so.
Employer has instructed employees plan they must follow. Ask that
they not be penalized.
Mr. Kelley – How long has Mr. Chowdhury been the manager of the
store? 3 years. How long has the clerk worked there? 6 months. Have
you taken any course? No. Have you had any problems in the past?
Another report coming in from May 11.
Mr. Goldberg – We do have a surveillance tape of May 11.
Mr. Kelley – Two separate issues.
Mr. Heller – Definite negligence. Clerks should be TIPS certified. IDs
should be scrutinized. Under the circumstances it is Board’s obligation
to suspend license for 3 days. Customary for the Board to allow owner
to choose 3 days convenient. Seconded by Mr. Kelley. Motion carried
2-0.
Mr. Goldberg – We will not appeal. Dates to be June 10, 17 and 24.
6. Cabot Liquors – Richard Marino present. Received copy of Police
Report for selling to an underage patron.
Report read into record. Officer McCarthy present.
Mr. Marino – Concerned that Police believed I did not care. One the
employees is 60 years old. There was confusion and embarrassment. I
do care. Sat down with them. Two women were working. It is difficult.
We have been contacted by Endicott and Montserrat. Working with them.
If we see false IDs we call. We looked at machines. We try very hard.
Try to double our efforts. We are sincerely involved in this. Try to make
the business up-scale. Have reduced the hard liquor. We tried and failed.
The women were Bonnie Wilson and Lynn Gunderman.
Mr. Kelley – it is a concern this person is a regular customer.
Mr. Marino – Have a flawless record. Two years at it.
Minutes – June 6, 2002 Page 8
Mr. Heller – Motion to suspend the license for 3-days. Seconded by
Mr. Kelley. Motion carried 2-0.
Mr. Kelley – Showing an ID should not be routine. Suspension will
be three Mondays, June 10, 17 and 24. Mr. Marino apologized and
stated he will do better in the future.
Note: After the meeting Mr. Marino asked that the suspension be
served on June 17, 24 and July 1.
7. Brother’s – Invited in by the Board relative to Police Report. Mr.
Altshuler present representing Mr. Gomatos. Report read into record.
Lt. Roccio – Has concerns. Was there any dealings with the
establishment? What actions did the owner take? Customers taunting
police.
George Gomatos present. Customers were shocked not taunting. Mr.
Quigley, person in question, is here. Does go into Brothers. Mr.
Gomatos has no clue as to what he does. No knowledge of what he
was doing.
Lt. Roccio – If I find out he is selling drugs, shouldn’t be allowed in.
It is not a right. Read report. Police were not given much support.
Mr. Altshuler - Brother’s did not get involved in police matter. I think
police officer was talking with him when he told customers to relax.
Did not get in their way.
Realize if this gentleman gets arrested again individual will not be
allowed in.
Lt. Roccio – Officer felt he did not get the support from the manager
on duty.
Mr. Altshuler – How proactive can he be? Disagree with what the
police officer said.
Minutes – June 6, 2002 Page 9
Mr. Kelley – As an establishment, you would want to be distant. Not
a criminal matter. Discussion followed.
Lt. Roccio – Do you intend to bar him from the establishment? Yes,
absolutely.
Mr. Heller – Incumbent upon you to keep him out of your business.
8. One day licenses – July 11 – Endicott – 4:00 – 7:00 p.m.
August 14 – Farms-Prides – 4 hours
August 1 & 2 – Jubilee Yacht Club
Meeting adjourned at 8:30 p.m.
Next meeting to be held July 11, 2002.
Respectfully submitted,
_______________________________
Clerk