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2012-11-08 (2)❑� r pr Ed VV LICENSE BOARD 191 Cabot Street Beverly, MA 01915 Richard S. Kelley, Esq., Chairman John Roccio James Duggan LICENSE BOARD MINUTES -- NOVEMBER S, 2012 The meeting of the Beverly License Board was called to order on Thursday, November 8, 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. Also in attendance: Ward 2 Councilor Wes Slate Absent: Police Liaison Lt. M. Devlin Meeting was called to order at 6:30 pm by Chairman Kelley 1. Results of Compliance Checks - Sgt. Pa e Sgt. Page reviewed the police report for the Compliance Check that occurred on October 1% 2012. Sgt. Page, officer Shairs along with two underage females who volunteered to assist in the purchase of alcohol from area establishments. The females were instructed not to lie as to their age and did not have any identification on their person unless otherwise noted. Alexanders Liquors: cashier sold one six pack of Bud Light to underage female; he did not ask for identification. David Liddle, the licensee was present. Mr. Liddle stated he had not defense, The employee did not bother to ask for identification. The employee has since been terminated and Mr. Liddle has a written policy and procedure in place. He is requiring existing employees to be TIPS certified by the end of November and going forward any new employees will be TIPS certified within 30 days of employment. Mr. Liddle also stated that his store no longer accepts out-of-state ids. Chairman Kelley commented that he was glad that policies and procedures are now in place. However, license holders are held to a strict liability. On the first offense, The License Board would impose a three day loss of license to be seared within the next 30 Minutes of License Board Meeting held November 8, 2012 days. The licensee can select the three days they will close, the days do not have to be consecutive. The suspension can be appealed within ten days to the ABCC. In lieu of serving the suspension, the ABCC would impose a fine which is calculated based on net profits. Mr. Liddle asked if the suspension could be served after the holidays, as it is the busiest time of the year. Chairman Kelley replied that the License Board would not agree to that. He then asked the other members of the Board if they wished to comment. Mr. Roccio said that he believed the suspension should be served within one month. He believe that is adequate and would be opposed to allowing the suspension after the holidays. Chairman Kelley advised Mr. Liddle to choose the three days that the store is less busy to be served within 3 o days. He instructed Mr. Liddle to inform the Board in writing as to the dates that he would be close. The notification to the Board should be sent within one weer of today's meeting. Depot Liquors — cashier sold one six -pack of Bud Light to underage female; cashier did not ask for identification. Joe MacDonald and Peter Athansopolous represented Depot Liquors. Mr. Athansopolous delivered a package of information to the License Board prior to the meeting. Included were the store policy and procedures along with a copy of a letter from the Hamilton Police Department commending the store for their actions in the past of not selling alcohol to a minor. Chairman Kelley stated as expressed to other licensees, the license holder has a strict liability for the sale of alcohol. Unless the storeowner can convince the License Board otherwise, a three -day suspension for the sale of alcohol to a minor would be imposed. Mr. MacDonald stated that the clerk clearly did not ask for identification. The store has taken steps to prevent this from occurring again. They are educating their employees as to the policy and procedures. Signs are now in place stating that any person purchasing alcohol must produce proper identification. Chairman Kelley explained that it may be the store's only incident, but the fact is that it did occur and therefore he felt that the Board should impose a three -day suspension. Mr. Roccio made a motion to suspend the license for three days. The dates to be decided by the licensee and served within one month of the Board's decision. Mr. Duggan seconded the motion. The motion passed 3 — o. Mr. Athanasopolous was instructed to provide the dates the store would be closed in writing to the Clerk. Corner Variety (formerly known as JJ's Engine Stop) -- cashier sold one six pact{ of Blue Moon Beer to underage female; cashier did not ask for identification. Minutes of License Board Meeting held November 8, 2012 Bool-lee Chon, manager of Corner Variety was in attendance. She stated that this was a one -time occurrence. She always trains employees to be careful. She is hopeful that it would not happen again. Sgt. Page stated that in fact another compliance check occurred at the store on October 31 2012. Sgt. Page reported that the same clerk did follow procedures and the clerk did not make the sale. Chairman Kelley stated he was glad to hear that the clerk had made the correction. However, it is policy to impose the three day suspension in light of the fact that the clerk did indeed make the sale on October 19. Mr. R.occio made a motion to suspend the license for three days. The dates to be decided by the licensee and served within one month of the Board's decision. Mr. Duggan seconded the motion. The motion passed 3 — 0.. Kitty O'Shea -- In attendance was Albert Lane, owner. Sgt. Page explained that the doorman in front of the establishment checked id's and instructed the two underage females to go in the back door. Both underage females were served alcohol and were not asked for identification at the bar. He further stated that the females produced out -of -state licenses which were clearly not their picture; height/weight did not come close. Mr. Lane stated it was policy that the doorman check identification of patrons. The use of the side entrance occurs when the bands are loading their equipment through the front door. The doorman is TIPS certified. Chairman Kelley explained that by State law, out -of -state licenses are not considered acceptable forms of identification. when in fact the out-of-state license is proved to be false, the license holder is liable. Mr. Lane stated that is establishment no longer accepts out -of -state licenses. He has posted acceptable forms of id's at the front and back door. Chairman Kelley responded that in this instance, the id's clearly did not belong to two patrons. Their height/weight did not come close. And in fact, they were Maine drivers licenses. Furthermore, the appearance of the doorman sending the patrons to the side door is questionable. Sgt. Page commented that anyone could go thru the side door. Mr. Duggan asked about the band loading out front. - He stated the doorman was careless. He can appreciate the fact that the establishment is not longer accepting out of state id's, but he can't accept the carelessness of the staff s actions. Chairman Kelley asked Mr. Lane if there had been any prior infraction of serving minors. Mr. Roccio spoke that he recalled the establishment had been caught for over - serving alcohol.. He believes that occurred more than 10 years ago. Minutes of License Board Meeting held November 8, 2012 Mr. Lane stated that they are making more effort to comply with the law. Again, he stated that the doorman id's all patrons. Chairman Kelley emphasized that the Board is quite serious in this matter. The Board hopes not see Mr. Lane again for any violation in the future. He asked for any further comments from the Board. Hearing none, Mr. Duggan made a motion to suspend the license for three days, the dates to be selected by the licensee and served within one month of today's meeting. Mr. Roccio seconded the motion. Motion passed 3 -- 0. Crossing Corner Market -- Cashier sold a six pack of Sant Adams to underage female; she did ask for identification. Female, 5' 3 ", 105 lbs with blond hair produced an out-of-state Maine license of person that is 5'9", 185 lbs with dart{ hair. Due to language barrier, police were unable to communicate with cashier. Hanh Tran, manager of Crossing Corner Market was present. She submitted a letter to the Board from the cashier. She stated that the cashier did ask the female patron about the difference in her hair color vs. the photo on the id. Chairman Kelley pointed out that anyone taking the time' to examine the license, should have noticed it was an out-of-state license and the description didn't fit the patron. Furthermore, because the cashier accepted an out -of -state false id, the Board had no choice but to impose the penalty. He further explained that the license holder is responsible for the actions of their employees. Mr. Roccio made a motion to suspend the license for three days. The dates to be decided by the licensee and served within one month of the Board's decision. Mr. Duggan seconded the motion. The motion passed 3 0. Chairman Kelley emphasized that the Corner Crossing Market could not sell alcohol during the three days chosen to serve the suspension. Ryal Side Liquors — underage female entered store. Female purchased a six pack of Sam. Adams beer from clerk and left store. Upon questioning from police, the employee stated that he did ask for identification, the patron replied that she did not have any. Clerk then completed the transaction. George Finn, the owner and Kevin Henebury, clerk were present. Mr. Henebury explained that he was busy. The female patron put beer on the counter along with $20 bill. She stated she didn't have her license with her. The clerk stated that the patron was dressed professionally and did not look like a teenager. He stated that he had worked at the store for 20 years. He had a good track record and made an error. He was embarrassed that he had erred in judgment and was apologetic to the Board and to Mr. Finn. Chairman Kelley stated he understood Mr. Henebury's explanation, but an error was made. He emphasized the need to be consistent in asking for id's. However, due to the facts presented, there is a need for the Board to be consistent in imposing penalties. Mr, Finn can select the dates the suspension would be served so as to have as less impact on business as possible. Minutes of License Board Meeting held November 8, 2012 Mr. Roccio stated that he knew Mr. Henebury personally, however he felt a suspension of the license would be appropriate. Mr. Duggan concurred. Mr.' Roccio made a motion to suspend the license for three days. The dates to be decided by the licensee and served within one month of the Board's decision. Mr. Duggan seconded the motion. The motion passed 3 — 0. Franco - American Club ---- invited in for over - serving alcohol Sgt. Page advised the Board that on October 20, 2012 at 11:01 pm the police department received a medical aid call. Police were sent to the railroad tracks behind the Franco American Club. The MBTA saw a person passed out next to the railroad tracks. The officer spoke with the individual who was dressed in a costume and indicated that he had been in attendance of a Halloween party at the Franco American Club. The person was highly intoxicated and was transported to the hospital for medical attention. At 11:59 pm, the police responded to another call at the Franco American Club. officer Lane found a female, in her 30's, highly intoxicated. Based on the above two incidents in one evening, Sgt. Page requested that the Board take action for over - serving alcohol and also for the "use of Club license". In attendance from the Franco American Club was Mr. William Crates, manager. Mr. Gates indicated that he had been the Club Manager for 24 year and had never been invited to appear in front of the License Board. Mr. Gates indicated that he was present the evening of the Halloween party. The function hall had been rented to a Angela Covider (sp ?). He stated that she had rented the hall for a Halloween party for the last several years. She is not a member of the Club. He further stated that he spoke with the husband of the 3 0 year old woman. The husband told Mr. Gates that she had consumed two glasses on wine, however she had recently changed medication and he believed that , it was an interaction of the wine with the medication. She did not need further medical attention. Mr. Gates stated that the husband was sober. Mr. rates told the Board that all bartenders at the club are TIPS certified. It is the Club's policy that two employees are present at functions in the hall and they circle the room and "police" social events. Also, they hire two bartenders for 60 people plus the two employees who monitor the event. On the night of the party, Mr. Gates did not see anyone staggering out the door. He claimed that the Club has a tape, and the female patron was seen at the bar one time. He asked for a copy of the police report. Sgt. Page responded that because it was a call for medical aid, there is no police report. However, the call came in for a person laying on the ground close to the MBTA train tracks by 10 Park Street. The Franco American is located at 44 Park Street. Chairman Kelley explained that even though the address was not the same as the Franco American, given the close proximity to the function hall and the fact that the person was in a Halloween costume on the same evening that the party was taking place at the Franco Minutes of License Board Meeting held November 8, 2012 American, the Board can assume that the person requiring aid more likely than not came from the Club. Chairman Kelley then asked about the rental of the hall. The license issued to the Franco American is a club license. A club license is for use of the members of the club and their guests. Mr. Gates replied that they have a contract for the function halls. On the contract is a section where it asks if the person renting the facility is a member of the Franco American. It also states that by renting the function hall, the applicant automatically becomes a member of the Club. Chairman Kelley strongly recommended to Mr. Gates that the Club have a separate membership application so that whoever rents the function hall is clearly aware that they have become a member of the Club. Mr. Gates replied that the Club has been in business for 80 years. They have been renting the function hall for a long time. The membership stamp on the application has been used application for approximately four months. Chairman Kelley reiterated that there is no gray area with a Club license. A club license is for members of the club and their guests. The renting of the hall to non - members is a violation. Members can invite guests. As a license holder, you must conform to the law. At the very least, anyone who rents the function hall must know that they are applying for membership. It is strongly recommended that the Club have a separate application for membership /rental of the function hall. Mr. Gates stated that he had spoken with Caroline Guarino, an investigator with the ABC C. Ms. Guarino told Mr. Crates that if they rent the hall, it must be to members. Chairman Kelley asked how recent the Club started to automatically enroll anyone who rented the club as members. Mr. Cates estimated that they had been doing so for four months after speaking with the ABCC. He further explained that the Club often donates the use of the function hall to community groups /people running fundraisers for a variety of causes including breast cancer and other local people. They donate the hall for people after funerals, etc. Chairman Kelly explained that it is not the use of the function hall in question. It is the use of the liquor license. The license is for club members and their guests. Making someone j oin the club in order to use the function hall doesn't fit in the spirit of the law. People renting the function hall may be required to apply for a one -day license. The license board will have to look into the use of the license at functions with the ABCC. As for the matter of over serving alcohol, Chairman Kelley asked the Board for their comments. Mr. Roccio recused himself from voting due to his relationship with Mr. Gates. Mr. Duggan recommended that the Board impose a three day suspension based on the facts presented by Sgt. Page. Chairman Kelley seconded the motion. The motion passed 2 -- 0. The Club was advised to select the three days in which they will serve the Minutes of License= Board Meeting held November 8, 2012 suspension. The days must be within one month of today's decision. The club is required to inform the Board in writing of the dates. Sgt. Page asked Chairman Kelley about the use of the club license violation. Chairman Kelley stated that the board imposed the suspension for the over serving of alcohol. The Club recognizes that anyone who rents the hall must be a member first as evidenced by the club stamping membership on the rental agreement. Chairman Kelley to speak with Bill Kelley, Counsel to the ABCC, for further clarification on club's renting their function halls. Sports Page Pub ----- continued to the December 13 meeting as the establishment's attorney, Jack Altshuler was not able to attend the November 8 th meeting. Clerk's note: all establishments submitted the dates that they would serve the suspensions on a timely basis. The information was shared with Police Chief Mark Ray and Sgt. Page. 2. One Day License No applications for one --day special licenses were received, 3. Minutes of the meeting for October 11, 2012 were reviewed. Mr. Duggan made a motion to accept the minutes from the meeting held on October 11, 2012 as presented. Mr. Roccio seconded the motion and the minutes of the meeting were accepted as is vote of 3 0 4. other Business — a. Discussion of All Ages . Event -- Mr. Duggan accepted the Spotlight Tavern's invitation to attend an all -ages show at the establishment. He stood in the doorway and noticed the set -up -- the bar on the right and the state on the left. Performing on stage at the time he was present was a 10 -12 year old girl. Mr. Duggan did not like the environment. Chairman Kelley is against the all ages show on the premise of mixing alcohol with kids playing. Mr. Roccio stated that there is nothing to hang a hat on unless the City Council address legislation. The discussion to be continued until the next meeting scheduled for December 13, 2012. Hearing no further business, Mr. Roccio made a motion to adjourn. Motion seconded. Meeting adj ourned at 8: 10 pm. Next meeting is scheduled for Thursday, December 13, 2012 at 3:00 pm in the City_ Council Chambers. Following the conclusion of the meeting, 2013 licenses will be .distributed. Respectfully yours, Martha A. Lewis, Clerk Minutes of License Board Meeting held November 8, 2012