Meeting: Salem Licensing Board held Monday October 27, 2008 at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey and Special Investigator Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Rick Lee.
Approved: Application for an Individual’s Fortunetelling License - James Daly.
Mr. Shea said he could read from home and other home.
Mr. Daly said he would like to read at home and at some businesses.
Mr. Shea said with an individual he could work from home or another’s home but not commercially. He said that if he wanted to work for a store he would have to apply as a sub-licensee under the store.
Mr. Casey motioned to approve.
Mr. Shea seconded.
Approved: Application for a Store Fortunetelling License and 5 sub-licensees-Goddess’ Treasure Chest, Sylvia Martinez.
Mr. Shea asked Ms. Martinez about her store.
Ms. Martinez said that she sells incense, jewelry, candles etc.
Mr. Casey asked if the BOP’s went to Lt. Ouellette.
Lt. Ouellette said they were fine.
Mr. Casey listed the 5 sub-licensees:
-Elizabeth Chapman
-Michele LeFrancois
-Erika Hahn
-Al Forbes
-Matt Liscomb
Mr. Casey motioned to approve.
Mr. Shea seconded.
Hold: Artemisia Botanicals
Discussion
Out of
Meeting: This is a group that applied for a Street Performer’s License. Was taken outside of meeting and spoke with Ellen Talkowsky, Special Projects Coordinator. They actually wanted to sing and vend their CD’s.
Approved: Application for a Street Performer’s License – Paul Moore
Mr. Shea asked Mr. Moore what he does.
Mr. Moore said he plays the guitar.
Mr. Shea asked if he had any amplification.
Mr. Moore said he does not.
Mr. Casey said that the hours that would be allowed were between 10 am and 8 pm out of courtesy for the residents who live downtown.
Mr. Casey motioned to approve.
Mr. Shea seconded.
Hold: Meineke on Highland Avenue owner Paul Sudenfield.
Discussion: Asahi- discussion on paperwork.
Mr. Casey motioned to Table until 11/10/2008.
Mr. Shea seconded.
Discussion: Chamber of Commerce, Rinus Oosthoek and Police Chief St. Pierre.
Mr. Shea said that this is a very important discussion. He noted that the two Hearing to be held after this discussion are relative to the issues at bar closing times. He said that over the last 7 to 8 weeks there have been about 14 police reports. He said that something had to be done before this escalates any further. He said that the Chamber and the Police Department have come up with some strategies and tactics. He said that some things that need to be considered are the roll back of hours, suspending some licenses or even revoking some and reviewing and modifying entertainment licenses. He said that the Board has no problem with exercising it’s authority in this matter.
***Mr. Casey recites the MGL 138 Chapter 12 and sub section 14.
Mr. Shea said he knows there is a problem at the 1 am closing time and if anyone would like to contradict that to please do so now. He said the good news is that various actions have already been taken and some were in effect this weekend.
Mr. Oosthoek said that a number of restaurant and establishments came together at the beginning of October with Lt. Ouellette and Cpt. Gilligan. He said the restaurants approached the Chamber to act as a neutral party. He said that he then met with Chief St. Pierre and began working on a strategic plan. He said if not to make the problem completely go away, to act on it quickly. He said the plan is “Zero Tolerance Policy” and that 1 1restaraunts have signed on to be a part of this already. He said this would prohibit any person who gets in any trouble not to be able to go into any of the listed establishments and get a drink for 6 months.
He said the 2nd part to this was to establish a group of restaurants in the surrounding area to help create a larger police presence. He said that this part of the plan would have the Chamber dealing with the police and the restaurants dealing with the Chamber,
Mr. Shea asked what night they are thinking of for the increase in police.
Mr. Oosthoek said Thursday as of now but the police will look into that further.
Mr. Shea asked about this week, Halloween being o a Friday in particular.
Mr. Oosthoek said that is a bit different because police are down here patrolling anyway. He also said that Salem needs to be a destination that is family friendly.
He said the 3rd part of this plan is better and more communication between the restaurants and police. He said he thinks the system they have set up is a good one. He said he would like to see communications between the two starts at an early phase.
Mr. Shea said he thinks that all of this is a great idea and that he thinks all of this will assist the Board in the decision making process. He asked if the “Zero Tolerance Policy was just if something happened inside an establishment.
Chief St. Pierre said that it stands for anyone getting in trouble outside of an establishment as well.
Mr. Shea asked how the information would be shared between the establishments.
Mr. Oosthoek said there will be a three part form that every restaurant signs that is then passed along with a photo of the person. A no trespass order will be served on the individual and if they somehow get into an establishment, the establishment will call police and have the individual removed.
Mr. Casey asked who did not take part.
Mr. Oosthoek said that out of 50 only 11 are signed up right now but he thought that was because the other establishment s were more removed from the situation.
Chief St, Pierre said that Lt. Ouellette would like to see this be all throughout the City.
Lt. Ouellette said he thinks this is a great idea. He said the Licensees, the Police and the chamber worked very hard on this together. He said that he would like to see it City wide and become the first in the Commonwealth to do something like this.
Mr. Casey said this issue has to be brought under control and the message has to be sent out for individuals now.
Mr. Oosthoek said that a couple of restaurants already have their own “Zero Tolerance” policy in effect. He named Rockafella’s and The Lobster Shanty as two. He said that with this policy, the police would serve the order with all names of prohibited restaurants listed on it.
Lt. Ouellette asked if that would happen before Halloween.
Mr. Oosthoek said that it could. If need be.
Chief St. Pierre said that all of the businesses were very supportive of this idea and he is extremely pleased with the turnout.
Councilor O’Keefe said that he is very concerned about this whole situation. He said he applauds the Chief and Lt. Ouellette for all of their work with the Chamber but he needs to know where the money for the extra policing is coming from. He said he does not expect that the residents of the City should have to pay for this.
Mr. Shea asked who will pay for the detail officer on duty.
Mr. Oosthoek said that the Chamber will collect money from the involved establishments and then pay detail.
Councilor O’Keefe said that this is not a family friendly environment any more and that things change for the worse after sundown. He said he applauds all who are taking place in this.
Shirley Walker, in the public gallery, said she is a resident of Derby Lofts and they have not been asked their feelings on this issue. She said there is a meeting of the downtown condo associations on November 13 and Chief St. Pierre will be attending to speak on public safety. She said that she also feels that this initiative is a very positive thing.
Mr. Oostheok offered his card to Ms. Walker so they could arrange him going to the Nov. 13 meeting as well.
Lt. Ouellette said that at some point in the future, he suggested they have a separate meeting to address the source of the problem which may be the entertainment. He said that some of these establishments may need to tone it down a bit.
Mr. Shea asked if anyone else would like to speak on this matter.
Barry Neely, in the public gallery, said that he has a building in which the porches face the Y parking lot. He said that there has been a large problem in the parking lot as well. He said the police have responded wonderfully and that the problems there are almost completely gone. He also said these problems were not just “Halloween” problems.
Mr. Shea said that these issues have been being looked at since August. He asked Mr. Neely the days and times that seemed to be problematic.
Mr. Neely said that Thursday nights were always the worst, usually between 11 pm and 1 am. He said as soon as the police would come the individuals would leave, and once they left they would be back. The police began to have a cruiser in the parking lot and that seemed to stop the problem.
David Mckillup, owner of Rockafella’s and co chair of the Chamber of Commerce, in the public gallery, said that any SSC student who gets into any trouble downtown is dealt with on an individual basis at the College as well.
Chief St. Pierre said that they have looked at numbers and it is not a college student problem. He also said that they so discipline their students if they get into trouble.
Councilor O’Keefe said that it is not just in the downtown area. If a SSC student gets into trouble anywhere in the City they are disciplined at the College as well.
Mr. Shea said that he would now like to move onto the Hearings.
Hearing: O’Neill’s – Present Ron Brogan and Kevin Trainor, owners
Mr. Shea said the reason they are present is because of some of the reasons that were just discussed. He said that O’Neill’s has been citied in police reports as well; however, he said there is no “smoking gun” that points directly to them. He said he read Mr. Brogan’s comments in the paper and thought they were helpful. He said that 4 reports since September mention O’Neill’s. He said those reports mention an assault, a dispute and capacity issues. He said they are here tonight for both specific and general reasons and asked how they felt about the reports and if they felt there was anything else Mr. Trainor and Brogan thought they could do.
Mr. Brogan asked if someone called about them being over capacity. He said they use a clicker at the door to make sure that does not happen. He said they keep it at around 180-185 but never over 200. He said they have 5 hired door staff.
Mr. Shea asked about the hours for the door staff.
Mr. Brogan said that on Thursdays, Fridays and Saturdays they are 9pm – 1 am and the same time on Sundays but just one door staff. He said that there are 2 people checking ID’s.
Mr. Trainor said that no reports indicate that any of the noted incidents happened inside their establishment. He said that he owns other bars in different cities and this is the best initiative plan he has seen. He said they want to be a part of the solution and feels as though they have not been fairly targeted.
Mr. Shea said that they have been specifically mentioned in police reports and that large crowds have been reported.
Mr. Brogan said that they are one of the establishments paying for the extra police detail and want to help solve the problem.
Mr. Shea asked if they had any insight as to why this problem was occurring. Mr. Trainor said there is a definite problem but that he did not want to name names.
Mr., Shea asked how O’Neill’s prevented over serving.
Mr. Brogan said there is a limit of two shots at the bar and that they wait at least ½ hour in between servings. He said the last call is at 12:30 and at that time it is one drink per person.
Mr. Trainor said that all of his bartenders are TIPS certified.
Mr. Shea asked how they handled someone already intoxicated that tried to come in.
Mr. Trainor said they don’t allow them in because it is only asking for trouble.
Mr. Shea asked what time they served food until.
Mr. Brogan said until 10 pm.
Mr. Trainor said they do cater to a young crowd but that they do police their own customers well.
Mr. Casey asked if the entertainment was different on Thursday, Friday and Saturday.
Mr. Trainor said that Thursday night was a DJ, Friday night was an Irish band until about 10 then a DJ and The same on Saturday.
Mr. Casey asked if there was a Karaoke night.
Mr. Trainor said yes on Sundays.
Mr. Shea asked if they were participating in the new initiative.
Lt. Ouellette said that as for the police reports, this initiative encourages establishments to call police if there is a problem that they see starting inside. The police want them to call but do not want it to go against them if they make that call.
Mr. Shea said that is a good point and will working on a way to differentiate the calls.
Lee Wolf, owner of Lobster Shanty, in the public gallery, said he would like to share his theory on why these problems have been more frequent since August. He said that since Lynn has rolled back their closing times that he feels people are finding another city to go to.
Mr. Brogan said that at closing time he encourages his customers to move on and to go to their cars.
Mr. Shea said that a couple of years ago for Halloween the Board asked that establishments not to allow new patrons in after a certain time.
Mr. Brogan said that last year after 9:45 they did just that.
Mr. She said that he was satisfied with Mr. Brogan and Mr. Trainor’s response and no action will be taken against this establishment at this time. He told them to keep doing what they are doing to ensure no more problems.
Hearing: Fresh Taste of Asia-Present was Frendy Xu, owner.
Mr. Shea warned Mr. Xu to be careful in his responses to the Board because this is a serious issue and he has been absent for two previous Hearings. He said that a lot of the issues discusses are related directly to Mr. Xu’s establishment. He said that at the first missed Hearing, Lt. Ouellette even attempted to go downstairs to have someone present and no one could come. He said the reason for the suspension on 10/28 was because of the two missed Hearings. He said that Mr. Xu is to turn his License in to Ms. Pagliaro at 8 am on 120/28/08 and can pick it up on 10/29/08; the whole establishment is to remain closed for the day.
Mr. Xu asked why and said he did not receive any mail.
Mr. Shea said that the notices were sent by certified mail.
Mr. Casey said that Mr. Xu was seen two weeks ago.
Mr. Xu said that he just got back from China 10 days ago. He said that the manager he has could not come to the meetings for personal reasons.
Mr. Shea said he had two chances to appear before the Board.
Mr. Casey said that he needs to show responsibility to have this License and by not showing he has shown irresponsibility. He said he would now like to discuss specific incidents.
Lt. Ouellette said the most recent incident occurred on 10/10/2008.
Mr. Shea said there are about 15 police reports that take place in front of your establishment. He said there was one to Sewall Street that did not belong to him. Mr. Shea said he understands that Mr. Xu does suffer some because of his location but the reports show that a lot of trouble comes directly from your establishment. He said there is something amiss here.
Mr. Shea asked Mr. Xu for his response, thoughts, and comments.
Mr. Xu asked how they are identifying that it is coming from his establishment.
Mr. Casey said that customers are telling the police they are coming from the Fresh Taste of Asia.
Mr. Xu said he has been doing late nights for just over a year.
Mr. Shea asked exactly when that started.
Mr. Xu said that he added a DJ last July. He said that he was away on vacation for 3 weeks and did not know what happened. He said these people are not coming from his business. He said that the police should know that people come to the middle of downtown where he is located. He said they start to close at 12:40 am. He said the DJ begins at 10 pm.
Mr. Casey reminded Mr. Xu that he came to apply to this Board as a restaurant not as a nightclub. He said that he has heard that tables are being pushed out of the way for dancing at night.
Mr. Xu said there is no dancing but that people might push the tables a bit so they can dance a little.
Mr. Shea said that the Licensing Board was very giving to Mr. Xu. He said that the Board was very instrumental in helping Mr. Xu establish his business.
Mr. Casey said the City does not need another nightclub and this has been a restaurant that has turned to dancing and other kinds of entertainment.
Mr. Shea asked Mr. Xu about his procedures at closing time and if he was aware of the problems at closing time.
Mr. Xu said that on the late nights he has 2 bartenders, 2 servers and 2 bouncers.
Mr. Shea asked if all of his staff was TIPS certified.
Mr. Xu said no not all but that 3 of them are.
Mr. Shea asked when last call was.
Mr. Xu said 12:30 am.
Mr. Shea asked how many drinks a customer can get at last call.
Mr. Xu said one.
Mr. Shea asked where they exit.
Mr. Xu said usually Lappin Park.
Mr. Shea asked about the access to the establishment.
Mr. Xu said there are two one on Washington and one on Essex at Lappin Park.
Mr. Casey asked when the bouncers are at the door checking ID’s.
Mr. Xu said on Thursday, Friday and Saturday nights.
Lt. Ouellette asked how long there have been 4 bouncers.
Mr. Xu said for the last year.
Mr. Casey asked if they were inside as well as on the outside patio area.
Mr. Xu said there is one at the patio area, one at the front door and two at the back of the restaurant.
Mr. Shea said he would Lt. Ouellette to speak on the last incident.
Lt. Ouellette said that on 10/10/ 2008 at 12:45 am a young man who had been in the establishment earlier had returned to get his jacket that he forgot. He ended up in a fight with the doorman because he would not let him back in to get his jacket. The young man ended up face down on the ground and was scratched up. When police arrived he gave them a MA ID that did not belong to him and when he realized it pulled out the correct ID that belonged to him which showed him as being underage. The picture of the other MA ID that he used to get in the door looked nothing like him according to police. Mr. Ouellette said that it is possible that the people who are working the door may not be familiar with our laws.
Mr. Xu said that two of his bouncers are from the ARMY and the establishment has the training manuals to refer to.
Mr. Casey recommended that they purchase an ID checking device.
Mr. Xu said if someone’s ID does not look right that they ask for another form of ID.
He said that they have a sign posted which says they have the right to refuse customers.
Mr. Shea asked Mr. Xu what he knew about the 10/10 incident.
Mr. Xu said that they want to let people back in that late and the man tried to push the bouncer.
Mr. Shea asked who called the police.
Mr. Xu said the Asst. Manager did. Mr. Xu said he always tell his staff if there is a problem to call the police.
Mr. Shea asked them if Mr. Xu advertises for the DJ that he has.
Mr. Xu said no he does not usually people hear of it through his regulars.
Lt. Ouellette said that these are not college students from Salem. He said the police reports show addresses of Lynn, Saugus, Andover, Danvers, etc.
Mr. Xu said that on the entertainment issue that Mr. Casey spoke of; he said he came to the office many, many times and was told Barbara was not there.
Mr. Shea said that the Board will go over the entertainment License.
Mr. Casey said he wanted to go over the punitive steps where Mr. Xu has had a prior warning.
Next is a 1 day closing, then a 3, then 5, then one week, then two weeks, then 3 weeks, then 30 days then the License can be gone. He said he is now going to read some more of the MGL for Mr. Xu’s benefit.
Mr. Casey said he would like to make a multi part motion:
- Suspension of Liquor License for another day. (Should be 3 days but will issue a one day). In addition to Tuesday10/28 Mr. Xu will also be closed on Thursday 10/30/2008.
- Entertainment on Thursday and Fridays will be rolled back until 10 pm until further notice.
- Mr. Xu will ensure that all staff that handles Liquor will be TIPS certified and proof of that shall be submitted to the Licensing Office.
- Mr. Xu purchase one or more on the ID checking machines for his establishment.
Mr. Shea seconded these motions for all the above stated reasons. He said that he has mitigated the closing y issuing to be a one day and not a three day and by not rolling back Mr. Xu’s hours of operation.
Mr. Shea said he will also amend the 2nd motion until January and they will review the entertainment upon Mr. Xu’s License renewal on 1/1/2009.
Lt. Ouellette said that to be fair he wants to acknowledge that Mr. Xu did show up to this meeting and that it was his own establishment that called on the most recent incident. He said he understands that the ID was not checked properly and there is no excuse for that. Lt. Ouellette asked that the Board consider that Mr. Xu has cooperated with the new initiative that has been set up. Lt. Ouellette said that we need everyone on the same side to make this work. He said that as for the entertainment he definitely thinks there has to be another meeting to solve some of these issues; he proposes that maybe the entertainment issue can be without a finding for 6 months and we can hold that over Mr. Xu if there is a problem again.
Mr. Xu said he apologizes and that he knows he has a responsibility. He asks that the Board give him one more chance before suspending his License on Thursday.
Mr. Shea said that the timing of this suspension is on purpose. He said that Mr. Xu did not have e a problem attending these meetings when they were advantageous to him. Mr. Shea reiterates that there were two opportunities to address the Board and no one showed up. He said that the response was mitigated because of Mr. Xu’s taking part in the initiative.
Mr. Shea ended the Hearing with instructing Mr. Xu to turn his License in to Ms. Pagliaro in the morning.
Discussion: Meineke Car Care-Present: Paul Sudenfield.
Mr. Shea he said he understands this is a discussion on scooter sales.
Mr. Sudenfield said that he sells mopeds currently which are less than 50 cc and there is no License required for that. He said he would like to sell scooters that are over 50 cc’s
Mr. Casey asked what is required to drive these scooters.
Lt. Ouellette said a helmet and a driver’s permit.
Mr. Shea discussed with the Board which classification that would be. He believed it would be a Class 1, new motor vehicle.
Mr. Casey asked how many Class1 are allowed.
Lt. Ouellette said Class1 is new and used and there is no limit.
Mr. Shea said Mr. Sudenfield could get the paperwork from Ms. Pagliaro, fill it out and be out on the next available Agenda.
Mr. Sudenfield asked if he could sell cars with a Class 1, he said he did not want to but he just wanted to understand the difference.
Lt. Ouellette said that he will need the State to come out and inspect as well and he could speak to them about that.
Approved: Application for 3 sub-licensees at Artemisia Botanicals. Present: Teri Kalgren, owner Doreen Turner and Andrea Snow.
Mr. Shea asked if Ms. Kalgren already had a store license.
Ms. Kalgren said she did.
Mr. Casey motioned to approve.
Mr. Shea seconded.
***Ms. Kalgren said she had a question. She said that Ms. Snow had been working for another shop owner and she left. She wanted to know who the License belonged to.
Mr. Casey said the Board cannot act as mediators and that would have to be between the former employer and Ms. Snow. He did say that her License was only good at the store that she applied to be a sub-licensee with. It is not transferrable.
Lottery: Vendor spaces for October 31, 2008 on Hawthorne Blvd.
All names and numbers were put in 2 boxes. Mr. Shea picked a name and a number.
#1 – Kefalis (sausage cart)
#15 – Cornerstone
#14 – Winfrey’s
#13 – Yarina Creations
#12 – Yarina
#11 – Gail Rosen
#10 – Kefalis (Fried Dough)
#9 – Zak Farid
#8 – Matt Altieri
#7 – SHS
#6 – NE Outreach
#4 – Magical Jewelry
#5 – S&S Novelties
#3 – Blue Gecko
#2 – Rimay Crafts
Mr. Kefalis asked if he could switch spaces.
Mr. Shea told him to consult with Ellen & Melissa on switching spaces.
Lt. Ouellette asked if Winfrey’s was also going to be on Hawthorne Blvd.
Mr. Shea said yes he was.
Discussion: Ms. Talkowsky said that IncaSwasi would be a vendor on either 10/30 or 10/31/2008 and would pay the vendor daily fee.
She said she placed them at the corner of Cervoni walkway and with restrictions from 10 am to 10 pm and limit amplification to one speaker.
Mr. Casey motioned to approve.
Mr. Shea seconded.
Communi-
cations: *Letter received from Ms. Talkowsky about different issue with vendors.(attached to meeting notes)
*Violations given by Fire prevention
Mr. Shea said to call Improper Popper, Mr. Kefalis and Mr. Ruiz to the Nov 24th meeting to discuss these issues.
Ms. Talkowsky said that Improper Popper was given the violation for being on the mall after 10 pm.
Mr. Shea said they vendors who are expanding above the allowed space can be shut down.
Ms. Talkowsky says there is only 4 days left to this season so we can just keep reiterating it to them.
Approved: Minutes from the October 14, 2008 meeting.
Adjournment
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: October 29, 2008
Approved:
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