Loading...
2010-07-01 (2)�F,YEByY sw ww I Id s-a ITOW� LICENSE BOARD RICHARD S. KELLEY, Esq., Chairman 191 CABOT STREET GEORGE HELLER BEVERLY, MA 01915 LICENSE BOARD MINUTES — JULY 1, 2010 The meeting of the Beverly License Board was called to order on Thursday, July 1, 2010 in City Council Chambers at 6:30 pm. In attendance at the meeting were: Board Chairman Richard Kelley, Board Member George Heller and Clerk, Martha Lewis. Also in attendance: Sgt. William Page and Lt. Michael Devlin of the Beverly Police Department. 1. Salem- Beverly Elks — Application for Change in Manager — Gary Krisko Mr. Krisko was invited in to address the Board due to issue raised on his CORI. Mr. Krisko attended a court appearance on May 19, 2010 to discuss the issue. Case was continued without a finding until May 19, 2011. Chairman Kelley reviewed the court's finding and stated that even if Beverly License Board approved Mr. Krisko's application, he is not sure if Boston (ABCC) would approve application due to Court's finding. The finding raises issues with Mr. Krisko's ability to manage around alcohol. Mr. Heller agreed with Chairman Kelley's comments. Chairman Kelley asked Mr. Krisko to address the Board. Mr. Krisco explained the situation occurred due to a difficult divorce/ disagreement with former wife. Incident had nothing to do with alcohol. He could not afford to a large amount of money in attorney fees to go to trial so he agreed to the finding. Chairman Kelley responded that while he understood that during a divorce, allegations are sometimes created, and other times these allegations are not. The Board has to go on what the record is and what is before us. The question whether Mr. Krisco is unsuitable to be a manger with the finding on your record is valid. Chairman Kelley is not commenting on validity of the charges, he is going on the end result; which the Court has continued without a finding. Going for a dismissal of charge would have possibly had a resolution in Mr. Krisko's favor, and understand the circumstances of not incurring the large expense of a trial. Mr. Kelley asked for comments from police representatives. Sgt. Page stated he is not familiar with incident. His only comment was the end result: Continued Without Finding rather than disposition of the case. Hearing no further discussion, Mr. Heller made motion to not approve application to approve Mr. Krisko as bar manager; He can re -apply in one year. The motion was seconded by Chairman Kelley. Vote was taken and the Application from the Beverly -Salem Elks naming Gary Krisko as Bar Manager was denied with a vote of 2 — 0. The Beverly -Salem Elks will need to designate new manager and submit new application for the designated manager. 2. Request for Grand Prix Beverly Bicycle Race Race Date: Wednesday, August 4, 2010 Race Time: 4:00 — 8:00 pm Cabot Street is closed from Pond Street to Hale Street E -mail correspondence from Beverly Main Streets Director Gin Wallace was sent via Martha Lewis. The organizers of the Beverly Grand Prix bike race and local restaurant owners are discussing the possibility of expanding the number of restaurants participating in applying for a special one -day license and expanding the hours of serving. Also the organization has approached the Beverly Police Department as to holding a "block party" with a live band in the closed off portion of Cabot Street from 8:00 pm to 10:00 pm. The organizers have inquired to the License Board to give consideration to waiving the special one -day license fee of $100 in order for the establishments to fund a detail officer to be on duty during the block party. Last year, two establishments (Mandrake and Soma) received a special one -day license to serve alcohol and allow patrons be outside with alcohol within a roped -off area in front of their businesses for the duration of the bike race. Chairman Kelley and Mr. Heller reviewed correspondence. Chairman Kelley asked the Beverly Police Representatives for their comment. 2 Lt. Devlin responded that historically the BPD has been reluctant to have police details inside restaurants. This dates back to the early 1990's at the time that then Chief Finnigan was concerned about liability issues. Lt. Devlin and Sgt. Page both agreed that during last year's event, there were no known problems. Mr. Heller questioned on how the Board could make an exception to waiving the $100 fee. He is concerned with setting a precedent for waivers. He does not have a problem with additional restaurants participating and increasing the number of special licenses, however, he is not inclined to waive the fee for expand the hours. Special one -day licenses are restricted to a four hour period. Not to exceed the four hours. Chairman Kelley did not want to set precedents by waiving the fee and wants to keep the event subdued. Discussion followed. Mr. Heller made a motion to expand the number of sidewalk facilities and expand the area to encompass additional restaurants and require each facility to rope off an area in front of the establishment. Chairman Kelley seconded the motion. A vote was taken and passed 2 — 0. The Board voted to allow for special one -day (four hour) license at $100 with consumption of alcohol taking place in front of the licensed establishment. The Board will review any applications received for the event on August 4 and vote to approve via telephone. 3. Special One -Day Licenses Two applications for special one -day licenses were reviewed. Mr. Heller made a motion to approve said applications. Chairman Kelley seconded the motion. A vote was passed 2 -0 to approve special one -day liquor license. 4. Other Business: Mr. Heller noticed a sign on the door of the China Buffet on Cabot Street. The hand- written sign that read "Buy 1 get the second drink for Y2 off'. 3 Discussion that this was a clear violation of the Happy Hour Law. Chairman Kelley requested that a letter noting the violation be sent to the manager of the China Buffet. It was noted that an application for a new wine and malt license had been distributed to the Upper Crust restaurant. Chairman Kelley as the BPD for any other comments. Lt. Devlin reported that there was a fight in the parking lot of the ICC on Rantoul Street following a graduation party. No further incidents reported. There was an incident reported on Rantoul Street outside of Overtime. Upon police arrival, the group dispersed and no further incident occurred. Lt. Devlin stated that the Overtime is not usually a problem spot. It was noted that the location does not seem to have any problems as it had experienced in the past under different entities. Next meeting was set for Thursday, September 2, 2010 at 6:30 pm. Mr. Heller made a motion to adjourn. Motion was seconded by Chairman Kelley. Meeting adjourned at 7:15 pm. Respectfully submitted, Y 6 CA tZp_ Clerk E