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2015-04-09CITY 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 John .Roccio Joseph 'Trainor Clerk Martha.A. Lewis LICENSE BOARD MINUTES — APRIL 9, 2015 The meeting of the Beverly License Board was called to order on Thursday, April 9, 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 March 5, 2015 The minutes of the meeting held on March 5 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 Manager — The Atomic Cafe Alison McPhedran The owners of the Atomic Cafe, John Mahoney and Andrew Mahoney were in attendance along with the proposed manager Alison McPhedran. The new wine, malt beverage and cordials license is pending at the ABCC. The ABCC met with the applicants and suggested they amend their application t6 reflect a change in manager to Alison McPhedran. Mr. Roccio asked about Ms. McPhedran's experience. She has more than eight years of experience in the corporate restaurant industry. She has worked as a server, bartender and is TIPS certified. Chairman Kelley asked how many hours she plan to work. She responded that she would work 35 — 40 hours per week. Currently, she is a server at the Barrel House. Chairman Kelley asked to compare the size of the Barrel House vs. the Atomic. She replied that the Barrel House has capacity for 70 — 80 persons while the Atomic Cafe is roughly 70. John Mahoney explained that he runs the wholesale coffee roasting operation, Andrew Mahoney is the manager /operator of the Newburyport location and Alison McPhedran will run the Atomic. She has worked for them in the past and John feels that she is quite capable of running the Atomic in Beverly. Minutes of License Board Meeting held April 9, 2015 Chairman Kelley asked if there were any further questions. Hearing none, Mr. Roccio made a motion to approve the change in manager of the Atomic Cafe to Allison McPhedran. Mr. Trainor seconded. Motion passed 3 — 0. Chairman Kelley reminded Ms. McPhedran of the liability for her and the actions of her staff. 3. Invited In — The Spotlight Tavern David Rooney, Manager Mr. Rooney was present along with his manager Mark Hersey to respond to the police report of a patron being over - served. Sgt. Page explained that the Spotlight Tavern called the police to report a patron who refused to leave. When the police arrived, they found the patron sitting on a stool. The manager explained to police that he had been asleep in the bathroom and then refused to leave. Sgt. Page continued that the patron was unable to walls unassisted. He was removed from the establishment and then taken to the police station in protective custody. He was then transported to the hospital due to the level of intoxication. Mark Hersey responded that the patron was spitting not sleeping as reported. The patron was offered a cab ride but refused. At that point, the patron began spitting and shouting obscenities. At that point, he called the police for assistance in removing the patron. He stated that the patron was not served at the bar. The bartender shut him off and offered to call a cab. He also stated that the patron was not a regular and has not been back since. Chairman Kelley commended the Spotlight for offering to call a cab and also for calling the police for assistance. However, the patron was allowed on premise and in the words of Mr. Hersey he was shut off. That indicates that he had been served. Mr. Hersey again stated that he was positive the patron had not been served at the Spotlight. The bartender refused to serve him. It was at that point, the patron refused to leave and became agitated. Sgt. Page asked why the patron was even let in? If they carded him and he was inebriated he should not have been allowed in. The Spotlight is responsible once they allowed him in. Mr. Rooney that he had videotape showing the patron arriving at 9:05. Sgt Page said that it was two hours after the patron arrived that the police were called. Chairman Kelly asked if there were any questions. Mr. Roccio asked if the patron went back to the police station after leaving the hospital and how long he was at the hospital. Mr. Trainor felt that the timing is difficult to determine -- the patron was let in at 9:10 pm and transported to the police station at 11:22 pm for protective custody then to the hospital. Chairman Kelley explained that usually in these situations where there one is over - served, it is a three day suspension of license. Because of the fact that he was allowed in the establishment, he was there for a couple of hours -- the amount of time that passed before the police were called and he was extremely intoxicated, it is hard to support the claim that the patron had not been served anything at the establishment. Therefore, the Board holds the establishment responsible. Minutes of License Board Meeting held April 9, 2015 Mr. Trainor stated that the police report reads that the patron attempted to buy another round, this statement means that he had been served. Mr. Rooney offered that the time on the camera may have been off, it showed the patron arriving at 9:05 and they called the police at 10:27 pm. There was further discussion. Chairman Kelley proposed to hold off on further discussion while Sgt. Page reviewed the video with Mr. Rooney. Following review of videotape, Chairman Kelley reconvened the discussion. Sgt. Page stated that after reviewing the tape he did walk in unassisted. He did not appear to be over served. However, the police report contradicts the establishment's claim that he was able to walk. Chairman Kelley asked if the patron was there for a shorter period of time, was there any indication that he had been served. Sgt. Page said that it was not on the tape. Mr. Rooney reiterated that the tape showed that he was there for an hour or less, the patron was fine it was when he became belligerent they called for police assistance. Mr. Hersey again offered that the patron was refused service, they offered to call him a cab and when he became upset, they called for police assistance. Chairman Kelley replied that the establishment was in a difficult position but the fact is they allowed him in. Mr. Trainor asked if they had been any other reported incidents at the Spotlight? Sgt. Page responded no in recent years. Mr. Roccio made a motion to suspend the license for 3 days, held in suspension for one year (April 9, 2015 to April 9, 2016). Mr. Trainor seconded the motion. Motion passed 3 — 0. Chairman Kelley commented that he while he appreciated that the establishment called the police, there is a suggestion that the patron may have been served. 4 Invited In — River Street Grille, Ted Christopher Manager Mr. Christopher was in attendance along with Attorney Reid Catty responding to the police report of patron being over - served resulting in motor vehicle accident. Sgt. Page explained that a motor vehicle hit a telephone pole. The operator of the vehicle was extremely intoxicated and charge with OUI. After discussion on the scene the police officer reported that she admitted to drinking at the River Street Grille. Atty. Cutty responded that the establishment and the manager had been trouble free for a number of years. He read the police report and concluded the woman had left much earlier in the afternoon (3 hours) and he also pointed out the report mentioned wine bottles were found in the car; therefore, there is no way of proving that she was over - served at the establishment. He continued that Mr. Christopher remembered her being at the River Street. She was with a party of 4 women and was there for about an hour. He remembers her leaving at 4:30 pm. She is known to him and comes in for lunch once a week. He also stated that all bar personnel are TIPS certified. Chairman Kelley commented that based on the discussion and the statements made, there is a question of the timing. It cannot be determined when she left the River Street Grille and if she had just left there right before the accident. Minutes of License Board Meeting held April 9, 2015 Also present was the bartender on duty that day, Mike Clark. Chairman Kelley asked if he knew the woman by name. Mr. Clark does recognize her. She comes in weekly. She bought one glass Chardonnay. He reported that he can remember the date and time of when she was there. He recalled she was part of a group. He said she was there between 3:23 pm — 3:57 pm. He also reported that she drank four ounces of chardonnay. Sgt. Page reported there was a witness who reported following the car down the street. Mr. Roccio responded that there is three hours missing from the timeframe of when she left to when the accident occurred. Atty. Cutty had a copy of the bar receipt with the time stamped on the receipt. Chairman Kelley reviewed the account. There was a Mercedes that drove into a pole. The driver initially denied having a drink, then said she had had one drink. Officer Pajawani arrived and was available to discuss the report. He was the officer on the scene. Mr. Trainor asked Officer Paj awani if he questioned the driver about the empties in the car. He had not. Sgt. Page stated that in fairness to the establishment, he has done numerous compliance checks there and there have never been any violations. Mr. Trainor believes that with a three hour time gap there is no proof that she had been over served at the establishment. Mr. Roccio was inclined to agree since there were empties in the vehicle. Chairman Kelley also agreed. Mr. Roccio continued that it was snowing. He would not recommend punishment for over service when you can't prove the timeline. Mr. Roccio made a motion to take no further action. Mr. Trainor seconded. Motion passed 3 — 0. Chairman Kelley reminded Mr. Christopher of the strict liability of the establishment. He continued that the Board takes this matter seriously and the license holder will be held accountable. 5 Inquiry from Jewell Towne Vineyards to sell and sample wines at Beverly Farmer's Market. Dr. Peter Oldak introduced himself as the owner and winemaker. He has filed an application with the Farmer's Market. The application is filed with the Massachusetts Agricultural Resources and then to Beverly License Board to sample and sell at the farmer's market. Mr. John Argeri was there in support representing the Beverly Farmer's Market. He reported that the advisory board approves of the application and for Jewell Town Vineyards to become a vendor. He also said that one -third of the customers of the farmer's market come from the commuter rail passengers and along local families. Chairman Kelley suggested that Dr. Oldak would need to request a waiver of the ordinance against alcohol on a public way or park from the City Council. Dr. Oldak commented that other farmer markets have vendors sampling and selling wine. He asked if the Beverly License Board would be positive to consider the application. Chairman Kelley replied that if the City Council approves the waiver, the License Board would consider the application subject to Council approval. Mr. Roccio stated that there must be a controlled /restricted area and there is a limit to the number of samples. Dr. Oldak replied that there area would be approximately 10 X 10. Minutes of License Board Meeting held April 9, 2015 Chairman Kelley wished Dr. Oldalc luck. 6 Letter from Beverly Main Streets regarding two block parties. Discussion postponed to the May 7 meeting. 7 One Day License Applications — Thirteen applications were received and reviewed. All were within the four hour time limit and in order. Mr. Trainor made a motion to approve the applications as submitted. Mr. Roccio seconded the motion. Motion passed 3 — 0. 8 All Other Business Richard Marino resubmitted for consideration the financial information for the Cabot Performing Arts Center as requested by the ABCC. Chairman Kelley made a motion to approve the resubmission. Mr. Trainor seconded. Motion passed 3 — 0. Amended application and Form 43 to be resubmitted to ABCC for consideration. David Gelineau, the City's Purchasing Agent introduced himself to the Board. He explained that he assists the movie production teams that are in the City filming a movie. He informed the license board that the production of the movie currently being filmed is taking place at night. It is required that the production company provides food for the film crew and production team. The production company had contracted with the Vittori Rocci Post to use their function hall upstairs for the food buffet. No alcohol would be served. The time of the food service would be in the overnight hours from midnight to 2:30 am. Police Chief LeLacheur was aware and Mr. Gelineau wanted license board to be have knowledge of the request. Next meeting is scheduled for Thursday, May 7, 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 7:55 pm. Respectfully submitted, � Martha A. Lewis, Cleric Minutes of License Board Meeting held April 9, 2015