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2002-06-06 MINUTES – BEVERLY LICENSE BOARD – JUNE 6, 2002 Meeting called to order at 6:35 p.m. All members present. Lt. Roccio present representing Police Department. Chairman Kelley introduced members of the Board, Police liaison and Clerk for the Board. 1. Yank’s – Application to extend dining area to former store area. David Bergmann present. Store is presently to the right of the restaurant. Plan of the premises submitted to Board. Chairman Kelley asked if there was anyone present who wished to speak either in favor or against granting the application. No one present. Mr. Bergmann stated they would like to extend the restaurant into the area, which is presently a retail store. It would allow approximately 14 more seats. Motion – Mr. Ranta – to approve the application. Seconded by Mr. Heller. Motion carried 3-0. 2. Application from Salim Uddin dba L’il Peach for a Beer and Wine Package Goods License at Essex Street. Represented by Attorney Jack Altshuler. Mr. Atlshuler stated that Mr. Uddin is from Bangladesh. Came to America in 1990. He is a very hard worker. Worked to get his citizenship. Lives in Beverly and earns his living here. Submitted a petition with 524 signatures of abutters, abutters to abutters and citizens in that area neighborhood. Minutes – June 6, 2002 Page 2 Stated this has been a convenience store for more than 30 years. Traffic and trucks are already there. Noise – Minimal change. Mr. Uddin has been the manager for three years in this store. People like him. People like his work ethic. Mr. Kelley asked about the petition. It is of customers who come into the store. What is his experience with alcohol? Manager of Pisani’s Market for 4 years. Worked from 1999-present at L’il Peach. 1998-1999 handled the management of the store for his brother. Before worked at Eastern Lobby Shop, New York and Nathan’s Restaurant serving. What was your capacity when you worked at Nathan’s? Supply beer to the tables, bar manager. Still helps brother at Pisani’s. He became a citizen in April 2000. Mr. Kelley stated receipt of an e-mail from William Mahan, directly across from the market stating he has no objections to the granting of the license. Letter from Barbara Smith, 4 Gardner Street, entered into record opposed to granting of the license. Objections – two other licenses in the area, safety of children, increased traffic, and delivery trucks, noise and trash. Telephone call from Frances E. Toren, owns property at 163 Essex Street, lives in Arlington in opposition to granting of license. Objections – trash, increased traffic, unsavory persons frequenting the store, general hubbub, increase in truck deliveries. In favor – Don Hennessey, 3 Ray Street – Hard working individual. Hopes the Board does the proper thing. Betty Connolly, 401 Essex Street, find him polite, store clean. Ron Brennan, 6 Baker Avenue – Agree about moral character. Good Operation. Free country. He’s trying to make a living. Don’t see it being a Kappy’s. Minutes – June 6, 2002 Page 3 Barbara Hennessey, 3 Ray Street – Property kept spotless. As far as deliveries, there are trucks there, don’t fee it will change any. Great guy. Dave French, 89 Essex Street – Looked at the traffic passing through. There are delivery trucks on Essex Street and in the parking lot. Keeps the area clean. 560 people in signed petition in favor. In opposition – Sean Philpot, 9 Pearl Street, - live down the street. I agree Salim is well liked. Not everyone on the list is an abutter. 78 signatures from residents around the store. Oppose L’il Peach license. It will increase litter and crime. Petition submitted. Smith Anthony, 17 Gardner Street – we are not sure how to combat this. Consider this to be detrimental. We on Gardner Street are opposed. Traffic – trucks unloading, evening traffic, increased potential for crime, litter, selling to minors. Maureen Hobin, 6 Gardner Street – Front door is 50” from the store. Not so sure about Mr. Altshuler’s statement about abutters to abutters. Have lived there for 18-19 years. There will be problem with trucks, will be an extra volume of trucks. I have an issue – How Salim will be able to police alcohol. Lots of teenagers in the store. Can they steal beer and wine? How is he going to police it? Area is saturated. I’m just 10 doors down. We already put up with a lot. Beverly Tomkins, 17 Gardner Street – Nothing against the business owner. Lots of litter in the street. Contacted L’il Peach – very cooperative. I don’t want a liquor store in my backyard. Brian Fish, 151 Essex Street – We deal with the trash. Concerned about increase. Do not want neon signs advertising beer. Minutes – June 6, 2002 Page 4 Bridget Fish, 151 Essex Street – Like the convenience but feel property value will decrease. Mr. Ranta – Contacted by many people indicating that they along with others did not have opportunity to rally support. There was a conflict in meetings this evening. There was a public concern. With that said I would make a motion that the Board allow discussion to continue into the next meeting to give everyone an opportunity to be heard. Mr. Altshuler – Do not feel that anything different will be heard, but we do not have a problem. Mr. Ranta – Feel that they should be heard. Mr. Heller – Feel people had the opportunity contact the Board. Discussion followed. Mr. Kelley – Have reservations, already have people on record. Want to point out parameters. Statute is clear. Issuing implies no intention to create rights for applicant. Additionally, allowing to meet public need and serving public good. Try to focus on issue at hand. Character of business owner. Everyone concedes he is of good character. Mr. Ranta – Motion to allow discussion to be continued in the next meeting with any new evidence or witnesses in favor or against. Limited to those who have not spoken. If there is a statement or an agreement, make your point then have the people who do support it and have them sign. Seconded by Mr. Kelley. Mr. Kelley and Mr. Ranta in favor, Mr. Heller opposed. Motion carried 2-1. Next meeting scheduled for July 11 at 6:30 p.m. Mr. Ranta excused from the meeting. Minutes – June 6, 2002 Page 5 3. Essex County Liquors dba Alexander’s – Scott Belanger and Jim Fortin present. They stated they basically are changing the officers and directors in the corporation. The Marinos are selling their half of the business to Scott Belanger. The manager, Mr. Fortin, will remain the same. Mr. Kelley – Will he be a silent investor? No, Mr. Belanger will be active. Does he have experience in the business? Not in alcohol. Recommend he take a TIPS course. Mr. Belanger stated he intended to take the course. Mr. Kelley asked in there was anyone present to speak about the license. Mr. Marino present and stated he was in favor. Mr. Heller – Motion to approve the application. Seconded by Mr. Kelley. Motion carried 2-0. 4. Crossing Corner Market – Application for a transfer of license from Dipti Patel to Crossing Corner Market, Inc., Hanh Thi Tran, Manager. Atty. Tom Truleaux with offices in Salem present representing the applicant. Hanh Thi Tran will be the President and Clerk of the Corporation. He husband will be treasurer. Have a Purchase and Sale Agreement. It will be a cash transaction. Do either have experience in the liquor industry? Each has had about one year’s training at a prior package store. Board recommended that they take a TIPS course. Mr. Truleaux – Both will be working in the store. In the P & S Agreement seller will give 14-day training period. We request the transfer be approved. Mr. Kelley – How many hours do you envision working? 10 hours a day. 50 hours each a week. Anyone present in favor or against who wishes to speak. No one present. Minutes – June 6, 2002 Page 6 Mr. Heller – Motion made to approve the transfer of the Beer and Wine License. Seconded by Mr. Kelley. Motion carried 2-0. 5. Pisani’s Market – Invited in by the Board re Police Report dated April 22, 2002. Lt. Roccio present representing Police Department as well as Detective Richardson. Lt. Roccio stated Liquor Patrol observed individual leaving the establishment. Believed the individual to be under age. Individual was arrested. He went into the store with brother’s ID. License had expired. Do not feel that they used due diligence. Detective Richardson – Friday and Saturday night were out. Quite evident that this person was under age. Mr. Kelley – When did license expire? August 2001. Expired eight months previously. Mr. Kelley – Has this individual been charged? Det. Richardson – There should be more discouragement. Owner should make effort to move young people along. They have lots of people hanging around outside. Clerk in the store was a man. Did you find any other license? No. Atty. Bernard Goldberg present representing Pisani’s. Young man was in the store. How old is the clerk? 30 years old. We have no objection to the testimony. Submit to you that the clerk did ask for the ID. He slipped by. It wasn’t enough. Lt. Roccio – Submit that the Board has zero tolerance. Mass ID, photo ID, Military ID should be only IDs. . Minutes – June 6, 2002 Page 7 Mr. Goldberg - Anyone must show ID. Will continue more so. Employer has instructed employees plan they must follow. Ask that they not be penalized. Mr. Kelley – How long has Mr. Chowdhury been the manager of the store? 3 years. How long has the clerk worked there? 6 months. Have you taken any course? No. Have you had any problems in the past? Another report coming in from May 11. Mr. Goldberg – We do have a surveillance tape of May 11. Mr. Kelley – Two separate issues. Mr. Heller – Definite negligence. Clerks should be TIPS certified. IDs should be scrutinized. Under the circumstances it is Board’s obligation to suspend license for 3 days. Customary for the Board to allow owner to choose 3 days convenient. Seconded by Mr. Kelley. Motion carried 2-0. Mr. Goldberg – We will not appeal. Dates to be June 10, 17 and 24. 6. Cabot Liquors – Richard Marino present. Received copy of Police Report for selling to an underage patron. Report read into record. Officer McCarthy present. Mr. Marino – Concerned that Police believed I did not care. One the employees is 60 years old. There was confusion and embarrassment. I do care. Sat down with them. Two women were working. It is difficult. We have been contacted by Endicott and Montserrat. Working with them. If we see false IDs we call. We looked at machines. We try very hard. Try to double our efforts. We are sincerely involved in this. Try to make the business up-scale. Have reduced the hard liquor. We tried and failed. The women were Bonnie Wilson and Lynn Gunderman. Mr. Kelley – it is a concern this person is a regular customer. Mr. Marino – Have a flawless record. Two years at it. Minutes – June 6, 2002 Page 8 Mr. Heller – Motion to suspend the license for 3-days. Seconded by Mr. Kelley. Motion carried 2-0. Mr. Kelley – Showing an ID should not be routine. Suspension will be three Mondays, June 10, 17 and 24. Mr. Marino apologized and stated he will do better in the future. Note: After the meeting Mr. Marino asked that the suspension be served on June 17, 24 and July 1. 7. Brother’s – Invited in by the Board relative to Police Report. Mr. Altshuler present representing Mr. Gomatos. Report read into record. Lt. Roccio – Has concerns. Was there any dealings with the establishment? What actions did the owner take? Customers taunting police. George Gomatos present. Customers were shocked not taunting. Mr. Quigley, person in question, is here. Does go into Brothers. Mr. Gomatos has no clue as to what he does. No knowledge of what he was doing. Lt. Roccio – If I find out he is selling drugs, shouldn’t be allowed in. It is not a right. Read report. Police were not given much support. Mr. Altshuler - Brother’s did not get involved in police matter. I think police officer was talking with him when he told customers to relax. Did not get in their way. Realize if this gentleman gets arrested again individual will not be allowed in. Lt. Roccio – Officer felt he did not get the support from the manager on duty. Mr. Altshuler – How proactive can he be? Disagree with what the police officer said. Minutes – June 6, 2002 Page 9 Mr. Kelley – As an establishment, you would want to be distant. Not a criminal matter. Discussion followed. Lt. Roccio – Do you intend to bar him from the establishment? Yes, absolutely. Mr. Heller – Incumbent upon you to keep him out of your business. 8. One day licenses – July 11 – Endicott – 4:00 – 7:00 p.m. August 14 – Farms-Prides – 4 hours August 1 & 2 – Jubilee Yacht Club Meeting adjourned at 8:30 p.m. Next meeting to be held July 11, 2002. Respectfully submitted, _______________________________ Clerk