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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