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1997-05-01WILLIAM F. TERRY, Chairman OLIVER T. COOK, Esq. GEORGE HELLER LICENSE BOARD CITY OF BEVERLY MASSACHUSETTS MINUTES OF MEETING - LICENSE BOARD - MAY 1, 1997 Meeting called to order at 6:05 p.m. All members present. Chairman Terry introduced himself and members of the Board. 1. Richdale Convenience Store - application for a Beer and Wine Package Goods license at 311 Cabot Street - Chairman Terry stated that the Memorial Methodist Church had submitted in writing their opposition to the Board granting a license to the Richdale Convenience Store. Mr. Terry stated that because there was a conflict of interest he would remove himself from the podium and not participate in this portion of the meeting. Attorney Thomas Alexander was present representing Preed Inc. He stated the corporation was owned by two brothers. Inderpal will be the manager and Jaspal would be working in the store. They are seeking a Beer and Wine package goods license. It would occupy a small area in the store on the left facing the cash register. Cooler would have a lock on it. On Sunday it would be locked. Affidavit of service and green cards submitted. Certificate of naturalization submitted. Corporation has a lease for 5 years. They have done a good job. They have been there since October 1. The business is in the family. Both brothers present. One owner is a resident of Beverly. There will be no massive changes. Only the cooler. Regarding the church - maybe they do not understand that it is a beer and wine license. Will not be large scale. Primarily a convenience store. It is quite a distance from the church. Do not feel it would be detrimental to the church or its parishioners. Mr. Cook - Do you know the distance? Approximately 500 feet. There is quite a bit between the two properties. Minutes - May 1, 1997 Page 2 Do you realize it is as a straight line? Yes. Other churches all notified? Yes. One notification came back from the Beverly Gospel Church unclaimed. Mr. Cook - I walked the distance and found it to be approximately 300 feet. Do you think that is correct? Yes, that is about right. What about the Federal ID #? Hasn't come back yet. Inderpal will be the manager, what is his experience? Worked in Maryland. How many hours will he be in Beverly? Full-time. In Melrose my wife will run the store and I will work full-time in Beverly. Anyone present to speak in favor of granting the license? No one present. Anyone present to speak in opposition to the granting of the license? Arthur McSweeney, 8 Charnock Street -Abuts the property. Object to the license. Pierce Avenue is heavily impacted with young children. I think concept of variety store is changing. Now you become a semi-package store. Feel hours spread too thin. Feel teenagers will.have access. Property values will go down. Should be a convenience market without the beer and wine. Mark Round - 4 Pierce Avenue - Abut and back up to the property. Will have an impact on family neighborhood. Store is open 24 hours. Bob Dubrow - Doesn't seem to be an awareness of the responsibility with kids coming in and out. Hard to keep an eye on everything. Feel public need is take care of. Do not feel it is right thing. Laurence Terry, 22 Cross Street, Memorial Methodist Church - Church is against the granting of the license. Over 20 establishments in the area and the church feels the City does not need another place. Mr. Cook - Do they sell Keno? Yes. Mr. Alexander - It is a small area that will be affected. They will be the four doors closest to the cash register. They will be diligent to be sure underage drinkers would not be served. The store has a fair amount of parking. Used more by motorists instead of foot traffic. Will not be advertising diligently. Will not have a detrimental affect on church or its activities. Approximately 300 feet from the Methodist Church. Minutes - May 1, 1997 Page 3 Mr. Cook - Just for information - In the general area Congregational Church is approximately 270', Kitty O'Shea's - 120'; Chianti - 215'; Cabot Liquors - 230'; Cornerstone - 1/4 mile; Cabot Place - 1/2 mile. Mr. Heller - motion - That the application fo~ a Beer and Wine Package Goods License from Richdale Market be denied. Seconded by Mr. Cook. Motion carried 2-0. Chairman Terry rejoined the Board. 2. Rollo's Sports Bar - Bob Dempsey present. Mr. Terry asked if he had a copy of the Police Report relating to an incident at Rollo's on the evening of February 24, 1997. Also in attendance were representatives from the Beverly Police Department - Lt. John Roccio, Officers Cassola and Connolly. Lt. Roccio stated the report alleges people were in the establishment after hours. He asked Officer Connolly to give his report. Officer Connolly - I was on duty the night of the 24th. At 1:40 in the morning observed cars and lights on inside. Pulled up on Creek Street, called for an additional unit. Three windows in the door although taped, I could see inside. It was between 1:30-1:35 a.m. I saw three persons. 2 were behind the bar and seemed to be serving. Called for supervisor. Supervisor made same visual. Knocked on the door. Delay in gaining access. We ran to the rear assuming they might try to leave. Mr. Terry - Did McCarthy gain access? Yes. (N~mes of individuals present read into the record.) Who were the employees? Peter Tully. Mr. Dempsey - Greg West is also a bartender. He was there with Mr. Congley and were there to fix a toilet. Little bit of extenuating circumstances. But they shouldn't have been in the establishment drinking at that hour. Mr. Cook - Windows are taped? fixed. Yes, they need to be Mr. Terry - Did you know they were going to fix the toilet? Yes, but I didn't know what day it was going to be fixed. Was it fixed the next day? Yes. Minutes - May 1, 1997 Page 4 Officer Cassola - Congley left before and was in no condition to drive. Lt. Roccio - Officer Connolly stated that two weeks prior lights were on at approximately 1:30-1:45 a.m. Went there on a noise complaint. Did not gain access. Someone yelled we're closed. Identified as police. No answer and lights went out. Mr. Terry - How much time do you spend there? Do not work full-time but go there every day. To do paper work? Yes, anywhere from 1/2 hour to 2-3 hours during the day. Sometimes I'm there at night. Have not been there during closing since the incident. Everyone has been given notice that there will be immediate dismissal. Mr. Cook - Motion - To suspend the license for 5 business days on the following dates: May 19 and 20, May 27 and June 2 and 3, 1997. Seconded by Mr. Heller. Motion carried 3-0. Mr. Dempsey was advised of his right of appeal. 3. One day licenses - Beer and Wine License for May 31 at Hastings House for a Graduation Party. Request five hours. Motion made and seconded to approve the license for four hours. Seconded by Mr. Heller. Motion carried 3-0. Beer and Wine License - June 7 - Lord Chauncey Manor for a wedding reception for Kelly Foran. Motion made and seconded to approve the license from 4:00-8:00 p.m. Motion carried 3-0. Beer and Wine License - August 9, Com. Comp. International - Motion made and seconded to postpone until the next meeting as no time was given. Motion carried 3-0. Endicott College - one day license requests. Mr. Cook disqualified himself from participating in this portion of the meeting. May 31 - 5:30 - 7:30 p.m. May 31 - 3:30 - 5:30 p.m. May 30 - 4:00 - 6:00 p.m. May 31 - 8:00 - 12:00 midnight Motion made and seconded to approve these licenses. Motion carried 2-0. Minutes - May ], 1997 Page 5 Mr. Cook rejoined the Board. Request for one day license from Landmark School for June 21. Mr. Terry to call for hours. Shambaugh - Request for a beer and wine license at Lord Chauncey Manor for a wedding reception. Motion made and seconded to approve the license. Motion carried 3-0. 4. Miscellaneous - Clerk informed the Board approval for Mama Gina's Beer and Wine License had been received. Increase in fee for one day licenses. Mr. Terry - Motion that fee for one day licenses be increased as follows to be effective July 1, 1997: Beer and Wine - $75 All Alcoholic - $100 Seconded by Mr. Cook. Motion carried 3-0. Clerk instructed to send notification to Trustees of Reservations, Endicott College, Lord Chauncey Manor, and Hastings House. Date of next meeting - June 5. Motion to adjourn at 7:10 p.m. Respectfully submitted,