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2015-02-05CITY of BEVERLY LICENSE BOARD 191 Cabot Street Beverly, Massachusetts 01915 Phone (978) 605 -2333 Fax (978) 922 -0285 Mayor Michael P. Cahill Chairman Richard S. Kelley, Esq. Board Members Johrr Roccio Joseph Traitior Clerk Martha A. Letivis LICENSE BOARD MINUTES — FEBRUARY 5, 2015 The meeting of the Beverly License Board was called to order on Thursday, February 5, 2015 in the City Council Chambers at 6:30 pm. In attendance at the meeting were: Board Members Richard Kelley, John Roccio, Joseph Trainor, Police Liaison Sgt. William Page and Clerk, Martha Lewis. 1. Acceptance of the Minutes from Meeting of January 8, 2015 The minutes of the meeting held on January 8 were reviewed. No comments or changes requested. Mr. Roccio made a motion to accept the minutes as submitted. Mr. Kelley seconded the motion. Motion passed 3 -- 0. 2. Change of DBA, Change of License Type and Change of Location — Endicott College dba Gully's, William Schimpf, Manager for sale of wine and malt beverages. Representing Endicott was Attorney William Quinn. Atty. Quinn explained that the current license is issued to the small student tavern known as the Lodge /Grove. It is Endicott's intent to provide more recreational opportunities to take place on campus. Endicott is expanding the student social center into a larger venue located in the Wax Academic Building. The new social center will be open to students of all ages. The College is requesting to transfer the current beer and wine license into the new space. The new space will have seating capacity for 186, they will offer entertainment on occasion and host special events i.e. a super bowl party. The social center will be open Thursday, Friday and Saturday and serve wine and beer. There will be pizza warmers. No alcohol would be served on Monday and Tuesday. Atty. Quinn explained that the current manager, William Shrimpf will continue in his role. He is a professional who is TIPS certified. There will be a security officer checking i.d.'s, they will accept Mass i.d.'s only and will employ a wristband system for students who are 21+ and stamp students' hands if under 21. Minutes of License Board Meeting held February 5, 2015 Chairman Kelley asked the current square footage of the current location and capacity. The current location is small with a capacity of 50. Given the fact that the new capacity is expanding from 50 to 186, Chairman Kelley asked how many additional staff will be on duty at any given time. Mr. Schrimpf explained they currently have a manager and one server; at the new space there will be a manager and 2 or 3 staff who will serve and act as crowd managers in addition to a person checking W.'s at the door. Chairman Kelley noted his immediate concern. For that number of students (186) with access to alcohol there should be at least 3 crowd managers. He further stated that currently the Grove /Lodge has 1 staff person and 1 manager, but students must be of legal age to be on premise. Chairman Kelley and the Board viewed the floor plan. The capacity is larger (50 current capacity to 186) including standing room and seating. There a movie room and 3 areas labeled Lounge A, B, C. Attorney Quinn explained that the floor plan is wide open making it easy to see. He stated that alcohol would not be allowed in the movie room. Chairman Kelley stated his concern as the license type would change from restaurant to alcohol only and the capacity is increasing 3 fold. Atty. Quinn noted that the College wants to keep the students on campus so they could be monitored. Chairman Kelley countered that that keeping them on campus was not realistic; kids have means to transportation. In theory it is a good idea but he was not sure it will contain the students on campus. They could drink on campus and then go out in town. Mr. Roccio expressed his concern that Endicott students would each be allowed to bring two guests from off campus in. Mr. Shrimpf explained that all student guests must register with security. Mr. Roccio responded that bringing students in from off campus changes the dynamics. The social center is not just for Endicott students. Mr. Trainor asked if anyone was aware of other colleges who had a 186 seat bar on campus. He is worried about control. Specifically, his concern is the staffing ratio. The ratio is roughly 90 students to 1 staff person. The model is changing from a 50 seat, 21+ only "restaurant" to 186 capacity open to all ages. He believes there are operational risks with the staffing ratio and would like to see a more detailed plan of crowd control. Atty. Quinn stated that Endicott has control over the students in that the students will be and are held responsible for their actions on or off campus. Chairman Kelley asked Sgt. Page if the police are allowed on campus unless called. Sgt. Page stated that the Police do have authority to do a compliance check on the license. The Grove /Lodge was usually empty or there were only a few people who frequented the pub. Chairman Kelley asked if there were further questions from the Board. Sgt. Page indicated that he had spoken with Atty Quinn prior to tonight's meeting. He believes that the new social center could pull students in who might otherwise go off campus. Chairman Kelley asked about the prices. If the prices for alcohol were below market rate it would raise a concern. Students would go drink at the social center where the drinks were cheaper before going out off campus. He also commented that the Beverly Police can't easily drive by the establishment as they do downtown. They can see what is going on. He also mentioned the concern for the staffing levels. Mr. Shrimpf emphasized that there could be 2 bartenders, a person at the door and 3 circulating on the floor in the crowd. They would maintain a log book. Chairman Kelley felt that there is a need for more floor presence and asked what the operating hours would be. Mr. Shrimpf replied the hours would be 7 to 11 pm; if there was entertainment the hours may be 8 pm to 1 am. Mr. Trainor asked if Endicott would give consideration to implement the changes incrementally. Start by opening for age 21 only? Atty. Quinn requested that the Board grant them a deferral until the next meeting. This would give Endicott an opportunity to look at staffing levels maybe implement a reduced capacity initially. They want the social center on campus to keep students on campus without excluding anyone under age. Mr. Roccio suggested that Endicott give consideration to not allowing outside guests; doing so leaves it too wide open. Chairman Kelley suggested them to expand supervision; reduce the number of non - student guests; provide the detail of the consequences to students and details on how Endicott will distinguish between the over 21 students vs. the under -age students. Atty. Quinn acknowledged the suggestions. He stated that the license is for wine and beer only, they are not serving mixed drinks and the goal is to keep the students on campus which is safer. Chairman Kelley noted for the record, there are no problems with the current licensed premises. 3. Application for New License — Cabot Performing Arts Center, Richard L. Marino, Manager for the sale of alcoholic beverages at 286 Cabot Street. - Home Rule Petition license In attendance were Richard Marino, Paul Van Ness and Thad Siemasko. Richard Marino was the spokesperson for the group. He explained they had formed a non - profit entity at the Cabot. They believe they have a sustainable business model, based on theatres in New York. The venue will bring in all forms of performing arts — music, dance, comedy and will show movies. Chairman Kelley acknowledged the intent of the group and wished them success. He asked Mr. Marino to provide the detail as to what areas in the theatre would be licensed. Mr. Marino responded it was their intent to have the whole theatre, including the auditorium, balcony and lobby. In the future there will be a restaurant /bar inside along the Cabot Street side. They are requesting that guests be allow to bring their beverages back to their seats in the auditorium. Also in order to the venue viable, they envision they theatre being used for private functions along with concerts and moves. Chairman Kelley mentioned that at an event held earlier, it appeared that guests of a function were ushered into a room that was only accessible by walking outside on the sidewalk. He explained that patrons should not be allowed to carry alcoholic drinks from the lobby outside across the sidewalk to a private room. Mr. Marino apologized and guaranteed that that would not be allowed to happen again. Sgt. Page recused himself from the discussion explaining that he represents Mr. Marino in other matters. He also explained that the discussion item previously reported at the January meeting was unfounded. The Board then looked at the schematic design of the theatre. Thad Siemasko reviewed the plans with the board. Mr. Trainor asked how the theatre was doing. Mr. Marino explained that they had a long way to go. Some shows did well and well attended. The more popular movies had done well along with the "big name" show. It is slow at the current time. Chairman Kelley asked if the theatre would be similar to the Lynn Auditorium. Mr. Marino responded that the Cabot would host performances for every age group. Mr. Roccio asked Mr. Marino about his responsibilities as manager. Mr. Marino explained that he would be the manager of record for the time being. Ultimately when the theatre got going, they intend to hire a full -time bar manager. Mr. Roccio asked if Mr. Marino and the staff were trained. Mr. Marino stated that he as well as everyone on staff would become TIPS certified including the ushers enabling them to "read" the audience at all time. He also explained that that waiter service would be available at some shows /events. They are requesting that guests be allowed to bring their drinks to their seat to consume during the show. It was his opinion that by limiting the consumption to the lobby only, guests would have to down their drinks quickly which is similar to drinking a shot of alcohol. By allowing them to carry the drinks back to their seats, the guests could sip during the show. Chairman Kelley asked if there was any one present from the public who wished to speak for or against the application. Hearing no comments, Mr. Roccio made a motion to approve the application from the Cabot Performing Arts Center for an all alcoholic license at 286 Cabot Street. Mr. Trainor seconded the motion. Motion passed 3 — 0. Clerk noted that the CORIs came back ok. 4. Invited Inn — Italian Community Center, John Bianchi, Manager — report of over - serving to patron. Atty. William Quinn introduced himself as representing the Club in this matter. Sgt. Page explained the police was called to the back parking lot of the club by the taxi cab company because the person the cab driver picked up at the ICC could not tell the driver where he lived. Sgt. Page introduced Officer Twombly who was dispatched to the scene. Officer Twombly was told by the taxi driver that the person he picked up at the ICC told him he lived near the McKay School. The cab driver drove around the neighborhood for about a half hour because the person couldn't tell him where he lived. So the driver returned back to the ICC and called the police. Officer Twombly reported the person was highly intoxicated and could not tell him his name or address. Officer Twombly attempted to locate the person's i.d. The taxi driver who was called by the ICC wanted the patron to be safe. Officer Twombly continued that the person was placed in protective custody. He had to be assisted walking into the police station. The booking process was very difficult because he could not answer questions. Chairman Kelley asked Officer Twombly if he had a conversation with the Club. Officer Twombly did not, explaining that he was just trying to do the right thing. Mr. Roccio asked Officer Twombly how many drinks the person had. Officer Twombly answered he had no idea, the person was incoherent, his response to all questions was: what? Mr. Roccio asked how long he had been at the ICC. Again, Officer Twombly did not know that answer. Sgt. Page added that the call came in at 5:50 pm. Mr. Roccio asked how do you know the person was inside the ICC. Officer Twombly explained that the taxi driver provided him the information as he was called by the Club to pick up the patron to drive him home. Atty. Quinn provided the following explanation. The person was in the Club. He finished one drink and took a sip of a second drink. The person is a long -time member of the Club. It is his routine to come to the Club, have one drink and take a taxi home. The bartender knows the patron and his routine. He served him at the bar. The patron took his drink back to his table in front the Keno machine. Mr. Mounsey, the bartender explained that there was nothing unusual about the patron's behavior. He ordered a second drink and asked him to call him a cab. He quietly took a couple sips of the second drink and said goodbye when the cab arrived. Most of the second drink was untouched. Mr. Mounsey said that the patron comes in 3 times a month. He has always requested him to call the cab company, he never drives. He had a conversation as he was on the way out the door. He was able to speak. Chairman Kelley asked what time of day the patron comes in. Mr. Mounsey estimated the time as 4 or 4:30 pm on Mondays or Wednesdays. Chairman Kelley noted that the timing is of concern. If it was only the course of an hour, he wondered if there was a medical condition. Mr. Mounsey stated he had a conversation with the patron; he was not slurring his speech, he was steady on his feet, he plays Keno so he is constantly getting up and moving, he was steady. Chairman Kelley noted that clearly he had some issue at 5:50 pm in the afternoon. He left to go outside to wait for him cab for 20 minutes. Sgt. Page suggested that the story does not make sense, we don't know if the patron went across to the liquor store while waiting for the taxi. Atty. Quinn agreed that no one knew his condition while he was outside the bar waiting for the cab, the taxi driver drover him around. He continued by stating the patron finished one drink and a couple sips of the second drink — that is not over - serving. Chairman Kelley stated that we do know he was picked up by a cab after leaving the ICC, the taxi driver drove him around because the patron could not talk, the bartender says he was fine, outside of a major medical event, we don't know what happened. Atty. Quinn questioned if the patron was taking medication, there is no way of knowing. Chairman Kelley noted that it was speculating. He asked Mr. Mounsey about the size of the patron. Mr. Mounsey estimated that he is 5'10", 190 /200 lbs. Mr. Roccio asked Sgt. Page is he was given a breathalyzer. Officer Twombly explained that when the ambulance arrived they did a quick assessment. They talked with him and were able to assess that he intoxicated, dismissing any medical condition. Mr. Trainor asked again about the timeline. Specifically at what time was the taxi cab was called. Trying to piece together the timing. John Bianchi, manager of the club spoke. He said he watches the bartenders to make sure they do not over serve. They are all TIPS certified, trained in CPR. He explained that Mr. Mounsey has worked at the Club for a while, they watch out for their members. They do not allow anyone to drive home, the Club will pay for a cab if necessary. The club has been in the City for 76 years, they have a good record and do a lot for the community. Mr. Bianchi noted that alcohol can hit some people very quickly. There is no explanation for what happened. Mr. Roccio suggested that due to the discrepancy, the time the patron spent outside in the cold and the condition of the patron, he would suggest a three day suspension. Chairman Kelley had a hesitation. He suggested perhaps a suspension of the suspension was in order. Mr. Trainor agreed, stating the facts don't come together, there are missing pieces. He would support a suspension of the license held for a year. Chairman Kelley noted there is a problem with the story. The ambulance checked out the patron for a physical ailment. There is lots of reasons to suspend, but is willing to give a benefit of the doubt to the establishment. Something occurred either before he entered the Club or inside the Club, but the patron was clearly inebriated when he left. Mr. Roccio made a motion to suspend the license for three days with the suspension held in abeyance for one year. Mr. Trainor seconded the motion. Motion passed 3 — 0. 5. One Day Licenses — Eleven applications were received. All were reviewed for the hours and locations. One application from application was from the Wicked Art Bar, wishing to extend their premises to include the entire first floor space of the Porter Mills studio located at 95 Rantoul Street. Renee Gannon representing the Art Bar was present. Ms. Gannon presented the floor plan and explained details of the event. The event is Comic Con, it is open to all ages. It is an open house format, attracting between 200 — 300 people throughout the course of the day. It is a relaxed event, some attendees dress in costume. Mr. Roccio asked how the management and residents felt about the event. Being sensitive to the residents living in the condos above and the noise level. Ms. Gannon explained that the owner of the building Ted Richards is in support of the event. They will notify the residents. In addition, she noted that the entrance for the residents is separate from the artists' units and art bar. Chairman Kelley asked about the staffing and layout of seating. Ms. Gannon explained they will implement a bracelet system for patrons 21 +, they envision setting up high -top tables within the Wicked Art Bar space. By extending the premises, it will enable guests to walk the entire 1st floor space and not be limited to the interior of the Wicked Art Bar. The Board was satisfied with the responses. Mr. Trainor made a motion to approve the one day requests. Mr. Roccio seconded. Motion passed 3 — 0. The Board then reviewed the remaining ten applications. All were within the four hour limit. Mr. Trainor made a motion to approve ten applications for a one day license. Mr. Roccio seconded. The motion passed 3 — 0. 6. All Other Business Clerk shared a written notification from Michael Magner, owner of Prides Osteria. Mr. Magner stated that the restaurant at 240 Rantoul Street had closed. It is his intent to transfer the license to a new location on Rantoul Street to a building that Mr. Magner currently owns. He will keep the Board updated on his plans. Next meeting is scheduled for Thursday, March 5, 2015 at 6:30 pm in City Council Chambers, Third Floor, City Hall, 191 Cabot Street. Hearing no further business, Mr. Roccio made a motion to adjourn the meeting. Chairman Kelley seconded the motion. Meeting adjourned at 8:00 pm. Respectfully submitted, Martha A. Lewis, Clerk