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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.
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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'.
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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,
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Clerk
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