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2010-09-02. '�� -tip •. LICENSE BOARD 191 Cabot Street Beverly, NIA 01915 Richard S. Kelley, Esq., Chairman George Heller John Roccio LICENSE BOARD MINUTES --- SEPTEMBER 2, 2010 The meeting of the Beverly License Board was called to order on Thursday September 2, 2010 in City Council Chambers at 6:30 pm. In attendance at the meeting were: Chairman Richard Kelley, Board Members George Heller, John Roccio and Clerk, Martha Lewis. Also in attendance: Sgt, William Page and Lt. Michael Devlin of the Beverly Police Department. Meeting was called to order at 630 0 pm 1. UpperCrust ---- Application for new wine and Malt Beverage License Michael Buchhalter, the applicant and Manager of the UpperCrust restaurant appeared before the Board to submit application and answer questions. Mr. Buchhalter stated that he currently operates the UpperCrust Restaurant in Salem. The Salem restaurant has had a wine and malt license for three years. Mr. Heller asked if the staff were trained to serve alcohol. Mr. Buchhalter stated the he and his staff are all TIP certified and he plans on the same Training and certification for the Beverly location. Chairman Kelley asked. how time Mr. Buchhalter planned to on-site in the Beverly restaurant. Mr. Buchhalter stated that he plans to spend a lot of time in Beverly, as the Salem location has been opened for 3 years and is stable. Chairman Kelley asked about the location of the restaurant and of the amount of money Mr. Buchhalter was investing, will the license be pledged? Mr. Buchhalter stated the restaurant will be in the Shaw's Plaza next to Radio Shack. The license will not be pledged. License Board Minutes 9.2. 10 Hearing no questions or objections, Mr. Roccio made a motion to approve the license for wine and malt beverage to be served at the Upper Crust. Mr. Heller seconded the motion. Motion for approval carried 3 --- 0, subject to the CGRI check corning back clean. 2. Beverly Salem Elks -- Change of Manager Application to appoint Russ Rideout as the new Manager of the Beverly Salem Elks Chairman Kelley commented about Mr. Rideout's limited experience serving alcohol. He stressed the importance for knowledge of the Massachusetts liquor laws particularly for license holders and managers. He strongly recommended that Mr. Rideout attend classes and becomes certified along with all the bartenders that he is supervising. Mr. Rideout stated that it was his intent to attend classes and become certified immediately. He will also see that his full -time staff becomes TIPS certified. George Heller asked how many hours Mr. Rideout intended to be on premise. He noted on the application that it appeared to be approximately 10 hours. Mr. Rideout explained that initially it would be at least 10 hours, typically arriving on premise during the change of shifts (around 6:00 pm) as he was employed elsewhere full -time. He anticipates being there full -time in two gears. Mr. Rideout does live in close proximity to the Club. Chairman Kelley reminded Mr. Rideout that as Manager he is ultimately responsible for the supervision of the bar staff and he encourages Mr. Rideout to be there as much as he possibly can. Chairman Kelley asked the Board if there were any further questions. Mr. Roccio made a motion to approve the application to appoint Mr. Rideout, manager. Motion was seconded b Mr. Heller. Motion to approve was passed 3-0 subject to the CGRI check corning back clean. 3. Pacini's -- Common Victualler's License Application to open a new restaurant at 38R Enon Street was received and reviewed. The restaurant will be open from 10:00 am to 10 :00pm and features a Greek/Italian menu., John Roccio made a motion to approve the application to issue Common Victualler's License. George Heller seconded the motion License approved subject to required inspections. 4. Anthony's a@ Cummings Center — Common Victualler's License Application for a Common Victualler's License for a new restaurant at Cummings Center (181 Elliott Street in the location of the former Gold Coast Cafe). Hours of operation License Board Minutes 9.2.10 will b e 5 :00 am to 3: 00 pm serving breakfast and lunch. Owner currently operates 3 Star Pizza on Cabot Street. Mr. Heller commented that employees working at the businesses located in Cummings Center would support the restaurant. All inspections have been submitted and approved. Mr. Roccio made a motion to approve Common Victualler's license for Anthony's. Mr. Heller seconded the motion. Motion passed 3 -- 0. 5. The Farm -- Downtown — Common Victualler's License Application for a Common Victualler's License for new restaurant opening at 350 Rantoul Street. Hours of operation is 11 :00 am. to 2:00 am (late closing on Thurs /FrilSat). Menu features homemade food made from scratch. The concept is a take -out eatery. There is room for 15 seats in restaurant. Discussion about 2:00 am closing time. John Roccio made motion to approve application. Motion seconded by George Heller. Application approve 3 — 0 subject to inspections. 6. One Day Special Licenses Project Adventure /Moraine Farm Carriage House @Lynch Park Beverly Farms Library Applications for One -day special licenses were reviewed. John Roccio made a motion to approve. Motion seconded by George Heller. Motion passed 3 --- 0. 7. Other Business Letter received from Chief Mark Ray requesting Lt. Devlin and Sgt. Page be appointed as Agents of the License Board. Discussion among Board and Police Representatives. Mr. Kelley asked that City Solicitor Roy Gelineau review the letter and provide an opinion as Mr. Kelley stated the Board has not done this in the past. Mr. Heller questioned how it would benefit the License Board. Sgt. Page stated it was a compliance issue and pertains to late night serving. License Board Minutes 9.2,10 Mr. Kelley responded that the police have the authority now to an extent, serving to intoxicated individuals, the Police would be allowed to do something. Mr. Kelley questioned whether the License Board was authorized to appoint agents. He would like to see something in writing. Lt. Devlin stated the ABCC recommended that Police Departments were appointed agents. He noted that all Boston Police officers are agents and in the City of Salem, all Sergeants and above are agents. Mr. Kelley questioned where the authority would come from — the Mayor or the City Council? Solicitor Gelineau came into meeting. He was asked if the Police Department had the authority to act on behalf of the License Board to act as Agents of the Board. Solicitor Gelineau stated a recent case was dropped because the BPD was not specifically designated as Agent to Board. He requested a copy of Chief Ray's letter and he will seek information from William Kelley who is legal counsel to the ABCC. Clerk hand delivered copy of letter to Mr. Gelineau. offier i swag Sgt. Page produced a copy of a letter sent directly to Chief Mark Ray from Nick Paras, owner of Soma Restaurant concerning the issue of "Pub Crawls" taping place in the city. Mr. Paras is seeking advice as to how to handle the number of groups who show up at his establishment in a large group. Discussion took place. Sgt. Page asked what could be done through the License Board, Mr. Kelley stated that the License Board has authority over the license holders. It is the license holders' responsibility to notify the policy when there is a group at their establishment before the group causes any further problems. Mr. Kelley would discourage establishments who sponsor or permit these pub crawls. Mr. Roccio noted that the establishments have to let the police know when patrons. are attempting to drive when they maybe or are already intoxicated. The establishments need to prevent. There are consequences for over serving. The end result of these pub crawls is intoxication. The establishments have an obligation to alert police. Mr. Roccio suggested that Lt. Devlin and Sgt. Page speak with Nick Paras about the frequency of pub crawls. Motion to adjourn the meeting was made by George Heller. Mr. Roccio seconded motion. License Board Minutes 9.2.14 Meeting was adj ourned at 7:3 5 pm. Next meeting: Thursday, October 7, 2010 at 5:30 pm in the Council Chambers. Respectfully Submitted, Clerk � License Board Minutes 9.2. 10