2001-04-04RICHARD S. KELLEY, Esq., Chairman
GEORGE HELLER
RONALD RANTA, Esq.
LICENSE BOARD
CITY OF BEVERLY
MASSACHUSE'I-I'S
MINUTES - BEVERI,Y LICENSE BOARD - April 4, 2001
Meeting called to order at 6:39 p.m.
Chairman Kelley and Member Heller present. Member Ranta not
present.
Board introduced. Lt. John Roccio present.
1) Kitty O'Shea's - Because Mr. Ranta not present, this agenda
item continued until a third member could be present.
Mr. Ranta joined the meeting.
2) Harry's 240 - Extended an invitation to appear before the
Board concerning Police Report. Attorney Jack Altshuler
present representing Harry' s 240.
Officer McCarthy present with Lt. Roccio. He wrote the Police
Report. He recited what happened.
He noticed people in the establishment as he drove by. He
stopped and went to the door. Female gathered drinks on the
bar. No one came to the door. After a couple of minutes, male
came out other door. There were three people at the bar-Killam,
Purcell, Murphy and the person who let me in. No drink in
front of Murphy.
Minutes - April 4, 2001 Page 2
Mr. Kelley- Was he among the people near the bar. Officer
McCarthy - I saw four people from the cruiser. Would you say
· the persons were drinking? They appeared to be. Had drinks in
front of them.
Mr. Altshuler questioned Officer McCarthy- You observed
from the cruiser. Yes. Did they try to hide? There were 3
persons sitting at the bar. Did you ask when you went in why
they didn't open right away? No.
Can't dispute the facts. You saw people were at the bar. There
were drinks on the bar. We are dealing with violation of the
law. Dealing with a small restaurant that has been working
extremely hard. What happened this night? Steve had worked
since 8 a.m. He didn't realize the bar was not cleared off. They
were still working. Staff had been working. Window 10-12'
from the street. No attempt to hide. Series of mistakes that
compounded. Was he wrong? Yes. This was a result of an 18-
hour day. The people were two kitchen help. Asking for a
continuance without a finding. Steve working six days a week,
18 hours a day. This was not an intentional action. These
people were employees. Ask that·you take into consideration
temper justice with mercy. Given them a suspension and
suspend the suspension. They are concerned. They are
attempting to run a good establishment. Think about their
future. This is not typical of them and there has not been any
other incident.
Mr. Kelley- No questions they're hard working. There was
public there. There was a non-employee, non-personnel at the
bar. The public was there.
Minutes - April 11,2001 Page 3
Mr. Altshuler - If there is any perception of any type of leeway.
We are talking about what was a 22-minute delay. There were
people at the bar. No attempt to hide. Believe it would be
totally unfair and unreasonable. These people work hard at
maintaining a good business. You have discretion to take into
consideration all aspects. It will never happen again. This is it.
One chance. To punish .them severely would be overkill.
Mr. Ranta - Law is to prohibit from serving. In their favor that
it was locked. In the favor of the license holder. It is clear there
is a technical violation. Establishment was not open to the
public. It is technical. At the time, the officer observed people
in there after hours.
Mr. Kelley - Disagree. Based on the officers observations.
They did not open the door in a timely manner. Between the
time they stop serving, there is a cushion there. The officer
observed them sitting around drinking.
Mr. Altshuler - It happened because there are mitigating
circumstances. If you find them guilty, then suspend the
suspension.
Mr. Kelley - The only trouble with that if they come before us
again, they get no penalty from this incident.
Mr. Altshuler - Board has in the past. If they come in again
within one year, you could add on the original suspension.
Mr. Heller- In the past the Board has handed down a
suspension but suspends the suspension for one year. In the
event the establishments appears before the Board again within
Minutes - April 11,2001 Page 4
the year, they receive the original suspension in addition to
whatever new suspension they may receive.
Mr. Heller- I feel in this situation this is definitely a violation.
However, I feel it was a mistake.
Lt. Roccio - My concern - who is responsible that the drinks
will be off the bar? How long has this mistake been going on.
Who takes responsibility to clear the bar?
Mr. Altshuler - The owner is the manager and has taken full
responsibility. He should have resolved it. They will not be
back before this Board.
Mr. Ranta- Motion - A three-day suspension to be suspended
for one-year. Seconded by Mr. Heller. Motion carried 2-1.
(Mr. Kelley voting against.)
Mr. Kelley -Feel there is a violation. If they come in before us
again that 3-day suspension will be imposed in addition
whatever new suspension is handed down.
3) Kitty O'Shea's - Continued from last month. Extension of
hours for the use of the outside deck until 9:00 p.m.
Extension to be flrom Monday to Saturday.
Chairman Kelley - George and I disagreed over the issue. I
thought it was too soon. Discussion followed. Use of the deck
has been limited and there wasn't enough of a track record.
Wanted them to serve during the hot weather.
Minutes - April 11, 2001 Page 5
Mr. Ranta- I will grant temporary extension until summer
meeting to give them an opportunity to give members of the
public an opportunity to be heard in the event things don't work
out.
Motion- Mr. Ranta- To grant a temporary extension to the
August meeting to serve on the back deck from Monday
through Saturday until 8:30 p.m. Hearing to be publicized.
Doors to the deck to be locked and chairs to be put away.
Seconded by Heller with the above conditions. Motion carried
3-0
4) Miscellaneous-
Clerk asked to notify Building Inspector to visit Pisani's about
temporary signs covering the building.
Communication from Chief Terry received.
Discussion regarding Press Box- Lt. Roccio to gather
information and do investigation. Clerk asked to compile
information before the next meeting.
Motion made and seconded to approve one-day license for
Endicott College for four hours.
Next meeting scheduled for May 10, 2001.
Meeting adjourned at 7:40 p.m.
Respectfully submitted,
Linda Giallongo,
Clerk