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2013-05-09LICENSE BOARD 191 Cabot Street Beverly, MA 01915 Richard S. Kelley, Esq., Chairman John Roccio James Duggan LICENSE BOARD MINUTES — MAY 9, 2013 The meeting of the Beverly License Board was called to order on Thursday, May 9, 2013 in the Council Chambers at 6:30 pm. In attendance at the meeting were: Board Members Richard Kelley, John Roccio, James Duggan, Police Liaison Sgt. William Page, and Cleric Martha Lewis. Meeting was called to order at 6:30 pm by Chairman Kelley. 1. Approval of the minutes --Minutes of the meeting for April 11, 2013 were reviewed. Mr. Duggan made a motion to accept the minutes as submitted. Mr. Roccio seconded the motion. Motion passed 3 — 0. 2. Invited In — Italian Community Center — John Bianchi, Manager RE: a police report filed that the ICC was in violation of their "club" license status, by opening bar to public and non - members. Mr. Bianchi addressed the Board and identified himself as the manager. He also introduced Ms. Julie Vasile, secretary of Club and bartender along with Mr. Packard, a member of the Club whose granddaughter was involved in the incident noted in Police Report. Mr. Bianchi stated that the door to the club was open (unlocked) to allow for team members participating in a pool tournament access. Chairman Kelley asked Mr. Bianchi if the Club was open to the public or open to club members and their invited guests. Mr. Bianchi responded that participants in the pool tournament were not necessarily members of the ICC, but were members of the clubs that participate in the pool tournaments held on Sundays, Mondays and Wednesdays. He further stated that dart teams play in tournaments on Tuesdays. Minutes of License Board Meeting held May 9, 2013 Chairman Kelley then asked how the bartenders were able to identify members and /or their guests and how the club kept track of visitors to the Club. Mr. Bianchi responded that it was up to the bar staff to keep track. He said that when bands play at the club, they have followers (friends the band) that are allowed in as guests of the band. Mr. Duggan asked how many guests each member can bring in. Chairman Kelley stated that based on Mr. Bianchi's response suggests that the Club is open to the public at those times. Mr. Bianchi replied that the bartenders are responsible to check in members and their guests and that most members of the band were also members of the club. He further explained that if a band members bring in 5 people /friends of the band, they are considered guests of members. Chairman Kelley responded that it does not appear that there are sufficient rules in place to govern admission to the Club. Mr. Bianchi stated that the second time a guest visits the club, they are they required to become a member of the ICC. Mr. Kelley asked if the same band plays all the time at the club. Mr. Bianchi replied yes, most of the time. Chairman Kelley reiterated to Mr. Bianchi that there is the concern from the Board. A club license is for members of the club and their guests; and as such the Club is obligated to know who is coming into the club must do a better job of controlling the access. Mr. Bianchi acknowledged that there is no doorman at the ICC, it has been left up to the bartenders to monitor the door. At this point, Ms. Vasile addressed the board, stating that in her opinion the bartenders are very alert as to who is coming and going at the club. Chairman Kelley asked how many members of the club. Mr. Bianchi replied 1500. He then asked how many people attend /follow the band. Mr. Bianchi replied 70 - 80 with 3 bartenders on duty. Sgt. Page addressed the Board next. He summarized the incident noted on the Police Report of April 7 There was a call for disturbance at the ICC. Officer Nolan was dispatched. Officer Nolan spoke with the party in question who stated she was not a member of the club. He also spoke with Ms. Vasile who stated to him that the club was "open" to the public that evening. Based upon Officer Nolan's investigation, Sgt. Page requested that the Board consider a five day suspension of license for the club. Ms. Vasile next explained that she was not working that evening, she was off duty. She was involved in the incident with Mr. Packard's granddaughter. Ms. Vasile continued that because she did not Imow who the two women were she asked if the bartender knew them. The bartender suggested to Ms. Vasile that she call the police department. Ms. Vasile claimed that the incident tools place outside the club in the parking lot. When Officer Nolan arrived, she told Officer Nolan that she did not know the two other women. Minutes of License Board Meeting held May 9, 2013 Ms. Vasile did not know that the women were there to see Mr. Packard. She stated that the door was open to allow for the members of the pool teams to access the club. Chairman Kelley then asked Mr. Packard if he noticed when his granddaughter arrived at the club. Mr. Packard reported that he was not there at the time, he had previously left the club. Chairman Kelley then addressed Mr. Bianchi, The Club is on notice. The license is intended for members only. All guests must be accompanied by a member. If the member leaves, their guests must leave with them. The club must tighten up procedures as there is not sufficient supervision in place to monitor the access to the club. He does believe that there is sufficient evidence that there was a violation. He then asked the other board members for their comments. Mr. Roccio recused himself from the discussion due to a prior relationship with Mr. Bianchi. Mr. Duggan restated the facts of the earlier discussion. He asked Mr. Bianchi how many members visited the club on an average night. Mr. Bianchi reported 30. Mr. Duggan found it difficult to accept the facts. He believed the club to be lax in upholding the rules and regulations. He suggested the club find another solution to the lock mechanism on the door, the club is left open and accessibility is easy. Based on the discussion and because there are no previous incidents at the club, Chairman Kelley did not believe a five day suspension as requested by Sgt. Page was warranted. However, due to the fact that there is limited controls in place for entry to the Club and the appearance that the club is open to others, Chairman Kelley made a motion for a three day suspension, to be served within 30 days. Dates of suspension to be selected by the club. Mr. Bianchi to notify the license board in writing of those dates within one week. Mr. Duggan seconded the motion. Motion approved 2 — 0. Licensee is required to physically deliver the license to the Police Department on the three days they are to close. Licensee can appeal the suspension to the ABCC and pay a monetary fine in lieu of closing. 3. Application for New Wine and Malt Beverage License — Cummings Center Beer & Wine Boutique, Yaleena Shrestha, manager. Representing applicant was Attorney Max Englehardt. Atty. Englehardt introduced Ms. Shrestha. Applicant is a sole proprietorship. Ms. Shrestha currently is the owner and operator of Tedeschi's on Cabot Street. The new entity to be located at 950 Cummings Center. It is retail space currently empty. Minutes of License Board Meeting held May 9, 2013 Mr. Duggan asked the applicant to define "boutique ". Atty. Englehardt explained that the boutique will be a high -end store. Their target market is working professionals. Store will focus on wine and smaller, microbrew craft beers. They hope to attract the professionals and business people who work at Cummings Center. Chairman Kelley asked if there were any one who wished to speak from the public. No one came forward. Mr. Roccio made a motion to approve the application for a wine and malt beverage package store license for Cummings Center Beer & Wine Boutique. Mr. Duggan seconded the motion. Motion passed 3 — 0. Chairman Kelley addressed Ms. Shrestha. He reminded her of the strict liability of the license. Ms. Shrestha reported that she and her husband were both TIPS certified. They would make sure their staff were also TIPS certified. 4. Application( for Extension of Premises to include outdoor dining area from Prides Restaurant Group dba Prides Osteria, 240 Rantoul Street and Prides Neapolitan Pizza, 202 Rantoul Street, Michael R. Magner, Manager Mr. Magner provided the background information regarding Beverly Main Streets' proposed Pilot Program for Outdoor Dining. Beverly Main Streets invited Beverly restaurant owners interested in offering outdoor dining at their establishments to participate in an Outdoor Dining Pilot Program. The Pilot Program is up for review and approval by the Beverly City Council. The City Council would also consider to waive the ordinance prohibiting alcohol beverages on public ways. Mr. Magner is the owner /manager of two establishments each located on Rantoul Street. The application for each establishment was reviewed along with the layout of the proposed dining area in each location. Mr. Roccio asked about the required 3 ft clearance on the sidewalks to allow access and safety for pedestrians. There must be a clearance from the parking meters /fire hydrants for ADA compliance. Chairman Kelley stated that the sidewalk clearance was not the license board's jurisdiction. The Board's concern is the proposed area, whether it is contiguous to the licensed establishment. Also he asked how long the proposed pilot program would last. Mr. Magner replied that the program was scheduled to run from June to October 15 He confirmed that each dining area is contiguous to the current licensed premises and fenced in. The hostess station would be located outside so as to oversee the area. Mr. Duggan reviewed the layout which showed six tables with chairs. He had no further questions. Minutes of License Board Meeting held May 9, 2013 Chairman Kelley asked about the hours and if there were apartments near the proposed areas. Mr. Magner stated that the hours would be determined by the Council and the guidelines they set for noise levels. He also confirmed that there were apartments located above each establishment. Chairman Kelley asked for comments from the public. Hearing none, Mr. Roccio made a motion to approve the application for an extension of licensed premises from Prides Osteria at 240 Rantoul Street and Prides Neapolitan at 202 Rantoul Street to include the outdoor dining area as presented. Mr. Duggan seconded the motion. Motion approved 3 — 0, pending the final approval of the Beverly City Council. 5. One Day Licenses — A total of 16 applications were received. All applications were reviewed. It was noted that the hours on the May 17 application from Endicott for an Art Show needed to be revised to be within the 4 hour limit. Cleric to contact applicant and confirm the hours. All other applications were within the four -hour time limit. Mr. Duggan made a motion to approve the applications as presented and amended May 17 application. Mr. Roccio seconded. Motion passes 3 - 0. (Editor's note: Cleric amended the hours on the May 17 to be 4:00 pm — 8:00 pm per request of applicant.) 6. Other Business — Hearing no further business, Mr. Roccio made a motion to adjourn. Motion seconded. Meeting adjourned at 7:40 pm. Next meeting is scheduled for Thursday, June 13, 2013 at 6:30 pm in Conference Room B, Third Floor of City Hall. Respectfully yours, Ak V M"4_� Mart a A. Lewis, Cleric Minutes of License Board Meeting held May 9, 2013