Loading...
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