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2012-10-11C� � 5 G�Gf LICENSE BOARD 191 Cabot Street Beverly, MA 01915 Richard S. Kelley, Esq., Chairman John Roccio James Duggan LICENSE BOARD MINUTES -- OCTOBER 11, 2012 The meeting of the Beverly License Board was called to order on Thursday, October 11, 2012 in the Council Chambers at 6:30 pm. In attendance at the meeting were: Chairman Richard Kelley, Board Members John Roccio, James Duggan, Police Liaison .Sgt. William Page and Clerk Martha Lewis Absent: Police Liaison Lt. M. Devlin Meeting was called to order at 6:3 0 pm by Chairman Kelley 1. Application for Transfer of License_ -- Representing the applicant was Attorney Tom Alexander and Sam Hunt, Manager. Also in attendance were current owners, Brenden Crocker and Milissa Oraibi. Chairman Kelley reviewed the application. Attorney Alexander explained that the application included the transfer of all alcohol license as well as the real estate. There are 12 investors buying the property and the business entity. Financing includes $600,000 loan from the Beverly Cooperative Bank, $100,000 from the sellers — Brenden Crocker and Milissa Orabi and $700,000 from the investors. The license would be led ed first position to the Beverly Cooperative Banff 2nd Position p g p Y p � p to the present owners. He stated that the Wildhorse Caf6 was successfully run business and there would be no dramatic changes made to the operation including some cosmetic updates. Atty. Alexander introduced Sam Hunt as the proposed manager. Mr. Hunt's history includes employment as the Executive Chef at 15 walnut as well as the Cambridge Country Club in Newton. His skill is demonstrated by investors' confidence in his abilities He is TIPS certified. Minutes of License Board Meeting held October 11, 20 12 A review of the list of investors showed one identified as Donald E. Kelley. For the record, Chairman Kelley stated that he is not related to Mr. Kelley. Also noted was Kevin Bottomley, former CEO and president of the former Danversbank is an investor. Chairr - nan Kelley asked Mr. Hunt if his experience included management i.e. the responsibility for the distribution of alcohol. Mr, hunt stated that he did have management experience. He was recently TIPS certified. Chairman Kelley reminded Mr. Hunt that as manager he was responsible for the actions of all employees. Mr. Hunt acknowledged that responsibility. Mr. Roccio asked Mr. Hunt as to the number of hours he planned to be at the establishment. Mr. Hunt replied 60+ hours per week. Mr. Duggan asked Mr. Hunt if he would be serving a dual role as manager and chef. He stated in the affirmative. Mr. Duggan further asked Mr. Hunt about the location and his responsibilities at the West Side Lounge. He stated that he was the chef for a year and general manager /bartender for a year. He further stated that he has worked in the business for 10 years. His experience at 15 walnut included 3 % years primarily as head chef and for a brief time as general manager. Attorney Alexander submitted the green cards that have been received from the abutters. It was noted that one card had not been returned from Janick Company, LLC, 10 Vernon Avenue, Stoneham (owner of property at 390 Cabot Street). Chairman Kelley asked if there was anyone from the public who wished to speak for or against the application. No one was present or chose to speak at this time. Mr. Duggan noted that a review of the attached noted Schedule A showed the names of 12 investors and the attachment titled Exhibit A did not include the name of Gregory Medow. Attorney Alexander stated that Mr. Medow's name had been inadvertently omitted and he would submit an amended Schedule A to include Mr. Gregory Medow. (Editor's note: amended Schedule A was received on October 22, 2012 and included in the application package.) Mr. Roccio made a motion to approve the transfer and pledge of license from Brenden Crocker's Wildhorse Cafe to Kane Point, L-LC dba wild House Restaurant, Samuel C. Hunt, Manager. Mr. Duggan seconded the motion. The motion passed 3 -- 0, pending outcome of CORI report from all applicants /investors. As of the meeting date, 12 of the 13 CORIs have been received back with no issues reported. 2. Invited In — Fibber McG ee's, Craig Diorio, Manager Sgt. Page explained that on September 25, 2012, the Beverly Police conducted a compliance check for underage patrons three establishments including Fibber McGees. Sgt. Page asked for identification of two female patrons who appeared to be under age 21. They produced Connecticut driver licenses that stated they were over age 21, but in Minutes of License Board Meeting held October 11, 2012 fact the i.ds. were fake. Both women are Endicott students and were summoned for the use of false identification. Sgt. Page explained that at the start of the school year, the Beverly Police Dept. picked up 60 -70 false ids that were purchased online. one week before the Department performed their compliance checks on September 25, the ABCC conducted their own compliance check. The AB CC have charged two. other establishments for accepting false ids. Sgt. Page further stated that these out-of-state licenses appear to be real. Some bars do have scanning machines, and these ids scan as valid. There is only one sophisticated scanning machine that actually detects the fake ids. Chairman Kelley asked Mr. Diorio if he would like to address the concerns of the Board. Mr. Diorio stated that he was not aware of how authentic these ids used were. He stated that he does have a scanner at his establishment and does understand that it is his responsibility. However, the type of ids presented were so real looking that it is impossible to detect. Chairman Kelley asked Sgt. Page about the fake ids that were confiscated. Sgt. Page stated that they were purchased on -line from China. The ids include the individual's photograph as well as their real name. They are mailed to them at their dormitory at college. They are authentic looking. Mr. Roccio stated that it is the recommendation that anyone who presents an out -of -state license must also show a Mass I.D. and/or passport. Chairman Kelley discussed that Mr. Diorio's establishment took reasonable steps in terms of having a scanner. Sgt. Page reported that the scanner was not used in this instance. The students have been charged with presenting false ids. The Police Dept. is requesting that all establishments accept only valid Mass I.Ds or passports and not rely on out -of -state drivers licenses. Chairman Kelley commented that it is the responsibility of the license holder to abide by the statute which states that the acceptable form of identification was Mass. Drivers License, Mass I.D., Military I.D. or passport. He then instructed the clerk to remind all license holders of the statute. Any establishment that accepts another form of identification will suffer the consequences if they accept out-of-state ids. Mr. Diorio stated that he would be willing to immediately adopt a policy of accepting Mass ids /passports. If someone had produced an out -of -state license, it was their current policy to ask for a back -up id. Mr. Duggan applauded Mr. Diorio for his willingness to adopt the policy immediately. Chairman Kelley asked what other identifications were accepted as a backup id to the out-of-state licenses. Mr. Diorio stated charge cards and/or student ids. Minutes of License Board Meeting held October 11, 2012 The Board then held further discussion of the circumstances and how to address the current situation. Chairman Kelley stated that although the license holder did not satisfy the statute by accepting out -of -state ids, he didn't feel he was negligent. He would consider a suspension but suspend the suspension for one year. Further discussion among f I the Board occurred. Mr. Roccio reminded the Board of the need to be consistent with what had been done in the past as to suspension of license for first offense. Typically he would propose a three day suspension with dates to be determined by license holder. Mr. Duggan asked Sgt. Page about the only scanner that would detect the fake id. Sgt. Page replied that the scanner is sophisticated and costs approximately $5,100 plus a monthly fee. He further stated that there is only license holder in Beverly that currently uses this type of scanner. Chairman Kelley asked Sgt. Page what the Police Dept is requesting for action to be taken. Sgt. Page recommended that a three day suspension would be appropriate in this case. Chairman Kelley agreed with Mr. Roccio that the Board needed to be consistent with what has been done in the past. Mr. Roccio made a motion to impose a three day suspension of license, one day to be served on a date determined by the license holder, with two days suspended for one year. Mr. Duggan seconded the motion. The motion passed 3 — 0. Chairman Kelley stated that all license holders are on notice to accept only the IDs accepted in the statute. Mr. Duggan offered his support to Mr. DiOrlo is his immediate acceptance of adopting the "no out -of- state" id policy immediately. Chairman Kelley informed Mr. DiOrio that he had the right to appeal the Board's decision to the ABCC and pay a fee in lieu of the suspension. If Mr. Diorio agreed to accept the Board's suspension, he should notify the Clerk in writing of the date he would be serving the suspension. (Editor's Note: 1. Mr. Diorio presented a letter stating that Fibber McGee's would be closed on Monday October 29, 2012. Letter was shared with Chief Ray and Sgt. Page) 2. Notice sent to License Holders regarding acceptable forms of identification is attached. 3. One Day License Ten additional applications were received. All were within the four hour time limit. Mr. Roccio made a motion to approve the applications. Motion seconded by Mr. Duggan, Applications were approved 3 -- 0. Minutes of License Board Meeting held October 11, 2012 4. Minutes of the meeting for September 4, 2012 were reviewed and accepted 3 — 0. 5. Other Business — a. Discussion of All Ages Event -- Mr. Duggan requested the discussion be delayed until the next meeting of the License Board in November. b. Notice of Hearing regarding Flour `n water placed on file. c. Update of ABCC Seminar — The clerk discussed the new e- licensing software is in the process of being implanted. It is expected to take up to eighteen months for it to be rolled out. In the meantime, we will begin collecting e -mail addresses from all license holders in anticipation of the new program. Renewals for 2013 paperwork is in the process of being mailed. Paperwork must be completed and returned no later than November 30, 2012. Hearing no further business, Mr. Roccio made a motion to adjourn. Motion seconded. Meeting adjourne , at 7:25 pm. Next meeting is scheduled for Thursday, November S, 2012 at 6:30 pm in the City Council Chambers. Respectfully yours, l� Martha A. Lewis, Cleric Minutes of License Board Meeting held October 11, 2012