2010-12-15LICENSE BOARD
191 Cabot Street
Beverly, MA 01915
Richard S. Kelley, Esq., Chairman
George Heller
John Roccio
LICENSE BOARD MINUTES — December 15, 2010
The meeting of the Beverly License Board was called to order on Wednesday, December 15,
2010 in the Third Floor Conference Room B at 3:00 pm.
In attendance at the meeting were: Chairman Richard Kelley, Board Members George Heller,
John Roccio and Clerk, Martha Lewis.
Also in attendance: Sgt. William Page and Lt. Michael Devlin of the Beverly Police
Department.
Meeting was called to order at 3:00 pm
New Applications -
1. Herman A. Spear Post 331 — Change of Manager application received. The applicant, Scott
Perry was invited in to meet with Board.
Chairman Kelley asked Mr. Perry what his experience was with managing Alcohol. Mr.
Perry stated that he has been working as Assistant Manager /Bartender at the Club for seven
years.
Chairman Kelley asked if applicant had attended and completed the TIPS classes. Mr. Perry
stated that he had not, but knew that some of the staff at the Club had.
Mr. Kelley strongly recommended that Mr. Perry attend the TIPs training and Mr. Perry
stated that he understood.
Applicant's CORI check was ok.
Chairman Kelley asked if there were any further questions. Hearing no additional questions,
Mr. Roccio made a motion to approve the application. Motion was seconded by Mr. Heller.
Application for new manager approved 3 — 0.
2. One Day Licenses:
Applications received for special one day license were reviewed by Board. Applications
were within the hours limit.
License Board Minutes —December 15, 2010
Mr. Roccio motioned to approved applications for one -day licenses. Motion was
seconded by Mr. Heller.
Applications were approved 3 — 0.
3. All Other Business
Fireside Catering @ Moraine Farm — Invited in to discuss seasonal license.
John Webber, owner of Fireside Catering attended meeting to discuss the possibility of a
Seasonal Liquor License at Moraine Farm in Beverly.
Mr. Webber stated that there are a lot of changes going on at Moraine Farm. Cape Ann
Waldorf School has purchased a building on the property; Project Adventure has moved
to the back of the property. Fireside Catering is the exclusive caterer. Weddings are
typically held outdoors on the property under a tent. Fireside Catering is committed to
agriculture and using local growers as their vendors. The majority of the weddings are
held in the months of May through October, tied to the good weather. Almost all the
weddings are held outdoors.
Chairman Kelley stated that Beverly only recently issued started seasonal licenses. The
board has hesitated because it does not fit the guidelines i.e. the community is tied to
summer tourism. He stated that while Fireside Catering's operation is not sensitive or
dependent on summer tourism, but the wedding business may be a fit for a seasonal
licenses more than other applicants. Mr. Kelley stated that currently a one day special
license is required for each event and he asked how many weddings were held last year.
Mr. Roccio commented that if Fireside was planning on holding 15 — 20 weddings next
year, and they were not intending to operate as a restaurant or as a bar, than he did not
think that a seasonal license would apply.
Mr. Webber challenged that a one day special license is for wine and malt beverages only
versus serving all alcoholic beverages.
More discussion followed. Mr. Kelley stated that anytime you have a license that is site
specific you must be able to describe the premises fully. Mr. Webber stated that the
weddings are held in a tented area on the lawn.
Mr. Heller commented that he did not think the intended usage warranted a seasonal
license. He believes that it should be special, one -day license.
Chairman Kelley commented that this Board should be friendly towards businesses in the
community and mentioned the one -day license revenue vs. the cost of a seasonal license.
Further, Beverly currently only has one seasonal license issued at this time; and even
though Fireside Catering doesn't fit exactly into that category, he believes it is close to
the intent of the statute regarding seasonal use. He believes the wedding business is truly
seasonal use.
License Board Minutes — December 15, 2010
Mr. Roccio strongly disagreed and believes that a seasonal license should be issued for
full -time or daily use, not for 20 or so occasions during the year. Additional discussion
ensued.
Mr. Webber asked if seasonal licenses are held by any other different facilities.
Mr. Kelley stated that it is a local decision. Some communities may. It is a gut
reaction, there is no guidelines to go by.
Mr. Kelley asked Mr. Webber if he had a license in any other community. He stated that
he does have a full liquor license in Groton.
Mr. Kelley mentioned Misselwood at Endicott. He will check with the ABCC to help the
board clarify their position. He told Mr. Webber that he could do his own research.
There is not much in the way of guidance in issues of seasonal licenses. Mr. Webber
may check back with the Beverly Licensing Board.
2. Bass River Tennis Club — invited to respond to written complaint.
Chairman Kelley stated that the Beverly License Board did received a written response
from the Bass River Tennis Club owner's attorney in regarding to communication
received from Mr. Bob Butterworth regarding liquor being illegally consume/brought in
by members at the Bass River Tennis Club.
Chairman Kelley told Mr. Butterworth that he would look into the matter further with the
ABCC.
Mr. Kelley asked Mr. Butterworth if he was sponsoring a party at the Bass River Club.
Mr. Butterworth stated that he was at the Manchester Athletic Club who has a wine and
malt beverage license. Mr. Kelley asked if there was a die issue due to the disagreement
with the General Manager.
Mr. Butterworth said that there are a number of clubs that do the same thing. Clubs run
parties and allow their members to bring in food and /or liquor. He questioned whether it
was legal to do so.
Mr. Kelley reiterated that the Board would look into the matter with the ABCC.
Mr. Roccio questioned whether the members where bringing it in for their personal
consumption or whether they were distributing the alcohol to others.
Mr. Heller mentioned the addendum in Mr. Butterworth's letter and questioned what
being his statement had on the subject of the area.
Mr. Kelley concluded that he appreciated Mr. Butterworth bringing the matter to the
Board's attention. It is a gray area and the Board will check with the ABCC in Boston as
to how to handle. It may be a specific policy of a city or town. Adding to the confusion
is the question of whether the members are bringing in their own for personal
consumption or if it is being distributed /shared.
License Board Minutes — December 15, 2010
4. Extension of Hours on New Year's Eve. The Board discussed the extension of closing
hours on New Year's Eve allowing businesses to stay open and clean up of
establishments to take place. Discussion was held. The Board agreed to be consistent
with the extension as it has in years past.
5. Mr. Roccio made a motion to extend the closing hours by %z hour on New Year's Eve.
All places must be closed by 2:00 am. The motion was seconded by Mr. Heller.
Motion passed 3 — 0. Clerk to notify establishments of %z extension of closing on New
Year's Eve.
Hearing no further comments, Mr. Roccio made a motion to adjourn for the issuance of
Annual Licenses. Motion seconded. Meeting adjourned at 3:45 pm.
Next meeting: Thursday, January 6, 2010 at 6:30 pm in the Council Chambers.
Respectfully Submitted,
License Board Minutes — December 15, 2010