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2014-09-04CITY of BEVERLY LICENSE BOARD 191 Cabot Street Beverly, Massachusetts 01915 Phone (978) 605 -2333 Fax (978) 922 -0285 Mayor Michael P. Cahill Chairman Richard S. Kelley, Esq. Board Members John .Roccio Joseph Trainor Clerk Martha A. Lewis LICENSE BOARD MINUTES — SEPTEMBER 4, 2014 The meeting of the Beverly License Board was called to order on Thursday, September 4, 2014 in the City Council Chambers at 6:30 pm. In attendance at the meeting were: Board Members Richard Kelley, John Roccio, Joseph Trainor, Police Liaison Sgt. William Page and Clerk, Martha Lewis. Acceptance of the Minutes from August 14, 2014. The minutes of the meeting were reviewed. Mr. Roccio made a motion to approve. Mr. Trainor seconded. Motion passed 3 — 0. 2. Application for Transfer of License and Pledge of License — Fusion Andina, LLC dba Fusion Andina Restaurant, Emigdio Clavijo, Manager Representing the applicant was Attorney John Leone. Attorney Leone explained that the transfer of license is from Nardel, Inc. dba Ceilito Lindo. Mr. Clavijo is an experienced chef. He also submitted the affidavit of mailing to abutters as well as a proposed menu for the new restaurant. changes done to the restaurant. Attorney Leone affirmed that and mentioned that the kitchen layout may change, but any change would be minor. For example, there is a wok in the kitchen from a previous tenant, and they may dispose of it. Chairman Kelley noted the menu is South American cuisine. He noted that he recently went to Cielito Lindo and stated that the food was very good, he was disappointed to learn they were out of business. He noted that in the application package Mr. Clavijo had received his TIPS certification as did his wife, Maria. Chairman Kelley reminded them the importance of being cautious in the service of alcohol. As the licensee, they are responsible to know the rules and regulations as well as being responsible that their wait staff serve alcohol in the appropriate manner. Minutes of License Board Meeting held September 4, 2014 Attorney Leone explained that Mr. Clavijo has been in the food business since 1992. He was previously the chef at the Inn at Harvard and also worked part time at the Charles Hotel. Chairman Kelley also noted the pledge of license to the landlord as part of business assets. Mr. Roccio asked Mr. Clavijo how many hours he would be at the restaurant. Mr. Clavijo stated 60 to 70 hours, as he is the chef. His wife, Maria, will be in the front of the restaurant and there will be wait staff for the tables. Mr. Roccio asked Mr. Clavijo how he could supervise from the kitchen? It was explained that the restaurant is an open concept — the dining area is visible. In addition, Maria would be working the front. There is no bar area, alcohol is served at the tables only. Mr. Roccio recommended that all wait staff be TIPS certified and card all patrons. Chairman Kelley asked there were any comments for or against the application. No comments from the public. He then asked the police liaison for questions. Sgt. Page indicated he was satisfied with the applicant. Chairman Kelley then noted the landlord, Regina Maestrangelo, was present. He further indicated that she was the manager of record at the previous restaurant. He asked her how the Mexican restaurant served margaritas, as the license is for wine and malt beverages only. She explained that the margaritas on the menu were not made with liquor, they were mixed with wine. Attorney Leone explained that there is a malt beverage -based margarita product. Chairman Kelley acknowledged the clarification. Hearing no further questions or comments, Mr. Roccio made a motion to approve the application for the transfer of license and pledge of license for Fusion Andina, LLC dba Fusion Andina Restaurant, Emigdio Clavijo, manager. Mr. Trainor seconded the motion. Motion passed 3 — 0. Clerk noted the CORI check were ok. 3. Request for Entertainment License from Fusion Andina Restaurant, Emigdio Clavijo, manager Attorney John Leone explained that Mr. Clavijo wished to employ a 3 piece, non - amplified cultural band consisting of a guitar, ukulele and flute. The entertainment would play on Saturday evenings from 7:00 pm to 11:00 pm and on Tuesday and Thursday evenings from 7:00 pm to 10:00 pm. Chairman Kelley asked if there were residential units above the restaurant. It was stated by above the restaurant space. Chairman Kelley explained that the License Board would respond to any neighbors' complaints so he advised the Clavijos to be aware of the volume and to be considerate of the neighbors. Mr. Trainor questioned whether there should bean acoustic ceiling requirement as the space is a small footprint and the residents have not had music playing below previously. There would be a new level of noise produced by the band. He suggested a review of the layout, specifically where would the musicians set up. It was indicated the musicians would set up near the entrance. The residential units above would be more towards the middle of the space, closer to the kitchen. Minutes of license Board Meeting held September 4, 2014 Chairman Kelley asked for any further questions or comments from the public. Sgt. Page indicated the police were ok with the responses provided. Hearing not further comments, Mr. Roccio made a motion to approve the entertainment license with the hours and days noted above. Mr. Trainor abstained from the voting. Mr. Kelley seconded the motion. Motion passed 2 — 0. Chairman Kelley noted that the License Board had the right to pull the license if there were complaints received from the neighbors. 4. Invited In — Vincent Orlando, Easystreet Operations dba Jacobs Corner Pub re: incident — fight with report of possible stabbing and possibility of over serving to patrons Mr. Orlando was present along with counsel, Attorney Joseph Orlando, Jr. Chairman Kelley addressed Mr. Orlando stating the Board is very concerned about the incident that took place, even if it was not a knife, there is cause for concern. Sgt. Page told the Board that he was not allowed to view the video from the security camera as Mr. Orlando has turned it over to his attorney. He further explained that Detective Prinz did talk with the victim who later recanted his statement. Sgt. Page wanted to bring it to the attention of the Board that at 1:02 am the police were called from outside the bar, not from the establishment, of a reported disturbance. The disturbance started inside the bar after a patron bought a round of shots for everyone. A serious fight ensued inside the bar. He further explained that when the police talked with those involved, only two people were able to speak, the others were well- intoxicated and obviously over served. He reminded the Board that the licensee had been invited in five months ago. Attorney Orlando interjected that the incident of several months ago is not related to this fight. Chairman Kelley asked Sgt. Page to focus on the fight incident. Attorney Orlando continued that this incident was out of Mr. Orlando's control. He was not present. The parties involved were not "regulars ". He noted the bartender acted to clear the bar of patrons, that is why the bartender couldn't call the police himself. The stabbing victim gave a statement that he was not stabbed. He told the detective that it was a puncture of broken glass. Mr. Roccio asked where does it say in the police report that he wasn't stabbed? Mr. Roccio incident, the victim stated he was stabbed. Atty. Orlando countered that the victim didn't know what happened. Chairman Kelley asked if there is a video? Atty. Orlando reported that there is a video that focuses on recording the cash register. He claimed that the video was offered to, but not followed up with by the Beverly Police Department. Mr. Roccio commented that without the video, you have conflicting statements — stabbing vs. not stabbing. Minutes of License Board Meeting held September 4, 2014 Chairman Kelley offered that if in fact the video may show what transpired, did the victim fall on glass? It is has been stated that the injury just missed his heart; if you fall on glass, would the would be so deep? The video might answer a lot of questions. Sgt. Page countered that the video is a minor part of the investigation. It was clear to the police officers at the scene that the patrons were over served. Chairman Kelley agreed that over serving may have been a contributor to the incident. Atty. Orlando disagreed, stating the nature of over serving is subjective. The altercation is a criminal act; there were no blood alcohol tests taken, it is an accusation of over serving. Chairman Kelley responded that the License Board is not a criminal court; the Board has the discretion of penalizing for the perceived report of over serving. Mr. Orlando has been before the Board before. He has not had the license for that long of time. This is the second time he has been called before the Board in a short period of time. Atty. Orlando responded that the board should weigh the facts /evidence. There was no stabbing. The video will be provided for viewing. The police report says that there was no stabbing. It says there is no follow up. He continued stating that an allegation of a stabbing was made; it did not come to fruition. The bar has a zero tolerance policy, the patron would not be allowed back in. The altercation happened at the end of the night and this is the first time an incident like this has occurred. The incident that occurred before should have no bearing. Chairman Kelley explained that even without the stabbing, an intoxicated person fell on glass, causing a serious injury; this happened on a Sunday night, it was close to closing time and things should have been winding down. The officer reported that there was a number of people intoxicated, we're not just talking of five people involved; the person bought a round for the entire bar, it should not happen. Atty. Orlando disagreed, he said the vast majority — ten people in the bar, five were involved and were not part of the group Chairman Kelley restated the Board's perception; it was the end of the night, the business should be winding down, it was not the patrons were doing shots. There are a number of concerns. Mr. Koccio agreed. He said on page Z on the police report, clearly there were a half dozen people outside the bar, of those only two were sober enough to make statements. The police officer making the observations noted that the patrons had been over served. Mr. Trainor shared the same concerns. He is even more concerned after reading the police report and hearing the discussion. Things don't add up, it does appear that people were clearly over served. Chairman Kelley asked how many people were working at the time of the incident. Mr. Orlando responded only 1. He reported that the bartender indicated he had not over served any one. He further claimed that some of the people outside had not even been inside the bar. Minutes of License Board Meeting held September 4, 2014 Chairman Kelley said that at this point in the discussion, the Board should wait for Sgt. Page to review the video. Mr. Roccio stated he was ready to penalize. Mr. Trainor commented about the contradiction; five months ago Mr. Orlando was invited in he had friends at the bar after hours; perhaps a refresher course in rules and regulations and a review of the TIPS policy was in order. Chairman Kelley suggested to Mr. Orlando that the video could be helpful in seeing what the situation was inside the bar, it is worth looking at, at best the evidence would show if people were agitated, stumbling and may show how things occurred. Or, we can assume the worst, everyone was intoxicated. The video could help you if Sgt. Page is willing to view the video. Mr. Orlando stated the footage is 30 minutes long. He believes it shows the time as 12:00/12:30. Atty. Orlando stated they are not hiding the video. It will be made available. Atty. Orlando asked the Board to wait on deciding if a penalty /punishment is called for until the video is viewed. Mr. Roccio asked that Detective Prinz provide a written statement. Chairman Kelley directed his concern to Mr. Orlando about that is going on at the establishment. As the license holder, Mr. Orlando cannot completely control his customer's behavior but he can control the environment of the establishment. It is his responsibility for what takes place on premise. He suggested continuing the discussion until the video has been viewed. Atty. Orlando requested that he supply the video so that the entire Board can view it as a group. Chairman Kelley agreed that the video would be played at the next meeting. The Board set the date for the next meeting as Thursday, October 9 at 6:30 pm in the Council Chambers. The Board agreed to delay action pending whatever is viewed on the video. At this time, a member of the public, Nancy Ormiston identified herself. She stated she was there in support of Mr. Orlando. She has worked with him in her role for the City for the Design Review Board /Beverly Main Street granting funds to business for the fagade program. She reported that Mr. Orlando is a true professional and is philanthropic to the community. Chairman Kelley acknowledged her comments. They will be considered at the appropriate time. The Board will consider the facts, the police officer's observations and the video if it shows what transpired. He suggested to Mr. Orlando that he might want to invite the 5. Applications for One -Day Special Licenses A total of 3 applications were received. Two from Endicott College and 1 from the Hastings House. All applications were reviewed and within the four hour time limit. Mr. Roccio made a motion to approve the 3 requests for special one -day licenses. Chairman Kelley seconded. Motion approved 3 — 0. 6. Other Business — Endicott College sent an inquiry to the Clerk asking if they were allowed to serve at 10:00 am on Sundays. There was an advisory sent from the ABCC stating that cities and towns would Minutes of License Board Meeting held September 4, 2014 need to "op in" to the earlier hour. The City of Beverly has not accepted the earlier hour. Clerk to advise Endicott College that Sundays hours remain at 11:00 am for service of alcohol. Next meeting is scheduled for Thursday, October 9, 2014 at 6:30 pm in City Council Chambers, Third Floor, City Hall, 191 Cabot Street. Hearing no further business, Mr. Roccio made a motion to adjourn the meeting. Chairman Kelley seconded the motion. Meeting adjourned at 7:35 pm. Respectfully submitted, Martha A. Lewis, Clerk Minutes of License Board Meeting held September 4, 2014