Meeting: Salem Licensing Board held Monday February 8, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Members: Robert St. Pierre, Chairman, John Casey and Rick Lee, Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: Store Fortunetelling License. Salem Naturals, 78 Wharf Street. Present: Marjory Marchetti.
Ms. Marchetti said that she has a shop at Pickering Wharf with metaphysical item and natural products.
Mr. Casey asked if more than 75% of her items were metaphysical.
Ms. Marchetti said yes.
Lt. Ouellette confirmed the BOP was fine.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Store Fortunetelling License. A Higher Balance Learning Center, 201-203 Washington Street. Present: Judy Copp.
Ms. Copp said she does healing classes and reiki but has no retail. She said she would like to do readings after healings.
Mr. Casey asked where she is located.
She said it is in the building where Starbucks is upstairs on the second floor in the back.
Mr. Casey asked how she would advertise.
Ms. Copp said she would not. She said it is through word of mouth and her clientele that she already has and a monthly newsletter that goes out via email.
Lt. Ouellette asked if the Board should issue an Individual license if she had not retail.
Ms. Pagliaro said that Ms. Copp does not reside in Salem.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: One Day Liquor License. Café at the House of the Seven Gables, 115 Derby Street. Present: Mike Tracey.
Mr. Tracey said they are looking for a One Day License for Beer & Wine for a dinner show called “Dearest Dove” that they would like to hold on February 13.
Mr. Casey said that the application said it is for about 150 people.
Mr. Tracey said that a market reservation was sent out and that they did not get the response they thought. He asked if not enough people signed up if he could use the One Day for another day.
Mr. Casey said he could but that he had to inform the Board. He said that switching the detail officer last minute might be a problem. He also returned the check to Mr. Tracey because it is for non-profit. He said that Mr. Tracey should let the licensing department know by Friday if they will hold the event or not.
Mr. St. Pierre recommended that Mr. Tracey call and speak to Officer O’Donnell about the event and possibly changing the date.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Street Performer’s License. Present: Jack Garvey.
Mr. Casey asked what he will be performing.
Mr. Garvey said that he is a flutist and that last year weather wise was not good year. He said he would like to play between noon and 4pm a couple days a week.
Mr. Casey said the Board can give him a license for 7 days so he can choose which days from 9am-6pm.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Common Victualler’s Application. Applicant: Hazel Deli, LLC d/b/a Brother’s Deli, 283 Derby Street.
Mr. Casey reviewed the paperwork and said that the Board still needs a signed lease and a floor plan and menu.
Mr. gave Mr. Casey the menu and said he would bring in a lease and floor plan.
Mr. Casey asked about the hours.
Mr. said the same 6:30 am-8:30 pm and 7:30 pm on Sundays. He also gave Mr. Casey the legal ad and the abutter’s notices.
Mr. Casey asked him to turn the other certified letter receipts as he got them.
Mr. Casey asked what prior experience Mr. had.
Mr. said that he has worked for years at restaurants in Brighton and the South end.
Mr. Casey motioned to approve
Mr. Lee seconded
Discussion: Gulu-Gulu Cafe, 247 Essex Street. Present: Laura Potter Walton, General Manager.
Mr. St. Pierre said the reason they are being called in is that Lt. Ouellette brought to the Board’s attention some police reports from the establishment. He asked Lt. Ouellette to speak on these issues.
Lt. Ouellette said that one report was of loud music and the other report was of a fight that occurred on December 31, 2009. He said that one of the involved has a broken bottle and the other reportedly had a knife. He said after the fight the suspects ran out and were not familiar to anyone inside. He said that there is a concern that this situation could have ended up very serious in a place that is supposed to be a coffee shop. He said there is no other information.
Ms. Walton said that she spoke to her staff and some of the regular patrons and that no one actually saw a knife. She said that one of the suspects verbally said he had a knife or something to that affect. She said that the two suspects started to argue and that the whole incident lasted 10 seconds and the staff flipped on the lights and told everyone to leave because it was so closed to closing time.
Lt. Ouellette said that the police said that a knife was shown.
Mr. St. Pierre asked what time this happened.
Ms. Walton said at about 12:30 am. She said that the two suspects came back after closing and that is what prompted the call to the police. She said that she met with her staff after the incident and told them anytime something like that happens to call the police.
Mr. St. Pierre said he knows that calling the police can be a double edged sword but that he encourages it.
Mr. Lee asked Ms. Walton if she knew procedure for last call.
Ms. Walton said that she did.
Mr. Casey asked what their procedure was.
Ms. Walton said that at 12:15 they announce last call and she said they begin to clear all drinks off of tables at 12:45 and moving people along.
Mr. Lee said that there is now a program called “Last drink”. He said that the police now ask people who are involved in DUI’s where they had their last drink and it is reported to the state. He told Ms. Walton just to be aware of the rules.
End of discussion.
Discussion: Murphy’s, 300 Derby Street. Present: Peter Kelly, owner.
Mr. Kelly said that he is before the Board to request that his entertainment license be fully restored. He said it has been restricted since September and he has tried to do everything he can to fix issues. He said he had a independent sound survey done and said he has worked hard to try and be a good neighbor.
Lt. Ouellette said that he has some updates. He said that on 1/24 there is a police report for group of about 30 individuals involved in a shouting match at around 1am, on 1/10 there was a disturbance call but all was quiet when police arrived, on 1/9 there was a disturbance and police moved the crows along, on 12/15 there was a report of a loud group leaving but no one was found upon police arrival. Lt. Ouellette said that most of these are reports from special assignment officers.
He said that back in October there were 5 general disturbance calls but those were last years and he has no narratives for them.
Mr. Lee said that he knows these are not all Mr. Kelly’s fault, however, he is going to have to do something more to move people along. He said he knows it tough but in order fir this to work with residents that he has find a better plan to move people at the end of the night.
Mr. Kelly said that he had previously asked about hiring a detail officer.
Mr. St. Pierre said that he can’t take a position on that, he said that is something that needs to be discussed with the police chief.
Lt. Ouellette said that he was out with the state on Friday and that everything was pretty quiet at Murphy’s. He said there were 4 or 5 smokers outside. He said the smoking may become an issue again in the warmer months when windows are open
Mr. Casey said that the Board discussed this previously with Mr. Kelly and it was decided that the patio would be the designated place for smokers in the winter months when food was not being served outside. He asked Mr. Kelly to give the door staff instruction to move smokers onto the patio.
Mr. St. Pierre said that if there was a designated person to speak for the neighbors they could do so now.
Kevin Grady, building manager, said that he only received his agenda a bit earlier today.
Marilyn Wolunck said that she has attended almost all of the meeting regarding this matter. She said there has been no change other than it is winter and the windows are closed. She said there are long lines on Friday and Saturday to get in. She said the only thing that Mr., Kelly has changed is staggering patrons to leave near closing time so that only 20-30 people are laving at a time. She said there are patron vomiting outside and are heavily intoxicated. She said last Friday was very bad. She said she don’t call police all the time anymore because by the time they arrive usually the people are gone. She said 3 people have moved out of the building because of this issue, two renters and one owner. She said the noise is such of a
disturbance. She said that there is another person that could not make it tonight but he says that the noise is horrible as well.
Darrel Sanders resides at 51 Lafayette Street. He said that his unit faces Murphy’s. He said he feels there is a slight improvement because of the restrictions that were placed on the license but there are still problems. He said as far as the sound test that Mr. Kelly had performed; no one ever came to his building to enter any units to test.
Mr. Kelly said that no units were entered and that the testing was done from the street.
Mr. Sanders said that he agrees that Mr. Kelly is not 100% in control of the people leaving but that the music inside is loud. He said he lives with Friday night and Saturday until 12 but that Thursday night is still a weeknight. He said he has a two week old child and other neighbors have children. He said that Mr. Kelly is still slightly operating out of the business model that he presented to the Board. He said he does not know how a sound survey could be accurate when no one ever came into any of the units to test. He said that he has offered several times for all different members of the different offices of City Hall to come to his home and listen themselves and no one ever has.
Lt. Ouellette said that maybe that is a good idea to figure out the issue with the volume. He suggested asking the Health Department to go along.
Mr. St. Pierre asked if some sort of equilibrium has been reached.
Mr. Sanders said yes with the way that the license stands right now.
Mr. Casey asked if Mr. Sanders meant with the current restrictions on the license.
Mr. Sanders said yes.
Mr. Sanders said he cannot agree to the license being restored on Thursday nights because it is not conducive and he said it is still a weeknight and it is unreasonable.
Mr. Lee instructed Mr. Sanders to give Lt. Ouellette his phone number and said that he would go out randomly with the Lt. some night to listen.
Councilor McCarthy said that this is definitely a difficult situation. He said that he is trying to promote a vibrant downtown but agrees with Mr. Sanders that there has to be a balance. He said that regarding receiving the agenda he got his on Saturday. He said that a discussion is different from a Hearing. He said that he understands that Mr. Kelly is trying to run a business but that residents are trying to sleep too. He said that business downtown can decide to turn down music voluntarily if it is too loud. He said it behooved the City to have these establishments try and police themselves. He said this needs to be addresses carefully as summer is approaching. He said that not also mentioned in the Lt’s reports was the complaint the night before Thanksgiving which was a Wednesday.
He said that both Mr. Kelly and the residents are in a unique position. He said he would like to request that that Board hold off on a decision so that a Hearing can be advertised and that everyone can weigh in.
Mr. Lee said that sounds good and in the meantime he and the Lt. can go out to listen.
Councilor McCarthy said that from the City’s aspect some one should take Mr. Sanders up on his offer.
Mr. St. Pierre said he thinks that Councilor McCarthy has a good point about continuing this. He said he would like to continue it for 4 weeks until the March 8 meeting.
Lt. Ouellette said that in the meantime the noise will continued to be monitored.
Mr. St. Pierre asked that Mr. Kelly bring a ration of food to alcohol to the next meeting as well.
Lt. Ouellette did note that on the most recent list from the AG’s office regarding offenders and where they had their last drink, Murphy’s was not on the list.
Mr. Sanders said that he would like to ask at the Hearing that if only the parties that are involved can be allowed to speak.
Mr. St. Pierre said he would like to further that by asking that the group of residents possibly appoint one person to speak for the group.
Mr. Lee also asked Mr. Kelly for contingency plan on the 8th regarding the staggering of leaving times. He said he would like to see if both parties can give some kind of a commitment before summer is here.
Mr. St. Pierre said that seeing that percentage would be helpful.
Shirley Walker, resident of 51 Lafayette Street asked what number people should call at the police station if they need to call something in.
Mr. St. Pierre said she can call the main number.
Lt. Ouellette said she can also call the dispatch line at 744-0171 and those calls are still logged in and recorded.
End of discussionHe said he
Approved: Store Fortunetelling License and sub-licensee. New England Magic, 131-3 Essex Street. Present: Joanna Thomas.
Ms. Thomas said she is here to renew her tarot license for her store and another reader who is also present, Michelle Jones.
Mr. Casey reminded her that she may have up to 5 other readers under her store license.
Lt. Ouellette said the BOP’s were fine.
Mr. Casey motioned to approve
Mr. Lee seconded
Discussion: O’Neill’s, Washington Street. Present: Ron Brogan, owner.
Mr. St. Pierre said that Mr. Brogan is before the Board because there are few matters that the Board thinks need to be discussed.
Lt. Ouellette said that there are some things that need to be brought to the Board’s attention that need to be worked through. He said that there was an arrest of an underage person, DOB: 9/15/87, who claimed that she had been at O’Neill’s and left the scene of an accident and was intoxicated.
He said that even when questioned further she stuck to that same story.
He said that another incident occurred on 12/9/09 where a fight occurred between two females inside. He said that people were punched and other patrons tried to break them up and the fight ended up out in the street.
Another incident was on 11/7 where someone was place in protective custody due to being extremely intoxicated out in front of O’Neill’s after two officers responded to a disturbance.
On 11/7 there was an A&B at the main entrance. Reportedly a verbal altercation began and a man was being escorted out of the door by a bouncer when he punched the bouncer in the face. Lt. Ouellette said that there seems to be lots of thing happening inside ad outside of this establishment. He said he knows that there is a new crew of bouncers and that they seem to be doing a good job. He said he is not sure if it is just the clientele or what. He told the Board that there was an incident recently where a fight broke out in townhouse square and a gang came out of an establishment in this area, not sure where, but this area and the suspects fled and a gun with a full clip was left on the sidewalk. He said that establishments are being monitored. He said that he was out with the state on Friday night
and there were violations found at some of the establishments and those will be coming out a t a later date. He said that O’Neill’s is mentioned 4 times on the list from the state where people who had OUI said they were at O’Neill’s. He said that that the other night there were at O’Neill’s and said some people were getting out of control and they called the police.
Mr. St. Pierre said he was glad to see them call police when there is a problem. He said that the staff may just need to keep a better eye on patrons having too much to drink and to keep an eye on over serving.
Mr. Brogan said that in regards to the earlier fight the doorman got in the middle and separated the parties.
Mr. Lee said it seems like a lot of issues have been coming form this place but it seems the problem is over serving. He said that Mr. Brogan may want to sit with staff and let them know them when someone appears to have had enough to drink to shut them off.
Mr. Casey said that for a couple of years the board gave warning but finally gave a suspension on November second of last year. He said that was a courtesy of the Board not to shut him down in October. He said that incidents followed right after the suspension was served. He said that the Board will not be as kind in the future. He said that Mr. Brogan needs to speak with his staff.
Lt. Ouellette wanted to ask about some posters that have been in the window. He said two in particular about a “Kate and the bad girls” and one about advertising for “drink specials”.
Mr., Brogan said that Kate is from an MTV reality show and was going to be there one night to answer questions, sign autographs and the special drink was for the whole week for Super bowl, he offered two dollar drafts all week long.
End of discussion
Hearing: Strega, 94 Lafayette Street. Present: Jonathan Crowley, attorney for victim Jessica Evans, Jessica Evans and Tim Sutton.
Mr. St. Pierre noted that Ms. Cappuccio and her attorney are not present and that the Board will go forward with the Hearing. He said that ms. Cappuccio was advised last time of the right to be present with her attorney. He said at that he would like lt. Ouellette to speak.
Lt. Ouellette said that there are two separate police reports from each of the victims but the same incident. He said that the report states that Jessica Evans was assaulted at Strega and blacked out. The report says that she had injuries to her back and head. She says she does not know how he got involved all she knows is that she was knocked out by another female while she was standing with her friend Tim Sutton and a necklace was also torn form her neck. Lt. said the report says that Mr. Sutton flagged down a cruiser and spoke to Officers Vallincourt and Anders. Mr. Sutton told them that a white male started an altercation. He said the suspect left and officers said he was not found. Mr. Sutton said that no one at Strega ever called police. Lt. said that his concern is that this assault took place at
a licensed establishment and that no staff called the police about an assault.
Attorney Crowley said that he has prepared a summary of events for the Board to read. He said that he dated the summary incorrectly and the incident took place on November 7, 2009 and not November 8. He said that both Ms. Evans and Mr. Sutton were patrons at Strega when they were assaulted in the premises. He said that Ms. Evans does not feel as though Strega provided a safe place for customers. He said she did not know the assailants. He said that Mr. Evans had complained earlier in the evening to security that he felt threatened by these unknown assailants who are named as Mr. & Mrs. Doe’s and he states that the staff did nothing. He said the staff did nothing to hold the assailants. He said on another note he spoke to the insurance company about trying to hold them and the insurance company
spoke about “false imprisonment”. He said what he meant is that Strega did nothing to get information on the assailants. He also noted that as already stated Strega at no time contacted police. He said that the staff person that had been informed earlier by Mr. Sutton, that there may be an issue said that “he did not see anything so why would he call police”. He said that the assailants actually came back into Strega after running off to settle their tab. He said at that time Strega did nothing to get information on who the assailants were. He said that he ahs asked Sterga for any information that they may have on the assailants and have not received anything. He said he thinks that this is obstructionist and that Strega is responsible to a great degree for the way that this was handled and something like this should not happen again.
Mr. Sutton said that his attorney has also asked for the same information and has received nothing. He said that Strega does not allow you to run a tab unless you give them a credit card so they must have some information on the assailants. He said he told the bouncers that the Doe’s were giving them a problem and the bouncers sis nothing. He said he was punched, hit and bit. He said it was a terrible incident and Strega did nothing. He said that the attacker stood there when he reported having a problem and the bouncers did nothing.
Attorney Crowley said that he cannot speak for Mr., Sutton but as for Ms. Evans, her injuries are long lasting and she may need surgery and may be in therapy for a long time.
Mr. St. Pierre thanked the parties and asked if there was anything else.
Lt. Ouellette said that on Friday there was a person in need of help and when police arrived there was no one there and there were no witness in establishment. He said that there is a report from 11/23/09 that an employee there claimed that another employee stole a check cash holder containing $1400.00. The owner refused to call police. He said that a report from 10/18/09 at 1:14 am that a patron was out on the front porch heavily intoxicated. He said that as the officer arrived there was a taxi there for the patron. He said that the owner does not appear to want to help victims.
Mr. Lee motioned that there is enough evidence to warrant discipline and punitive action.
Mr. Casey seconded.
Mr. Lee motioned to suspend Strega’s liquor license for a period of three days to be acted on immediately on Friday February 12, Saturday February 13 and Sunday February 14, 2010.
Mr. Casey seconded.
Mr. St. Pierre said that unfortunately, for reasons that only Ms. Cappuccio knows she chose not to attend tonight and that is very compelling.
Old/New
Business: ***Lt. Ouellette said that as an Agent of the licensing Boar does not need a license to search an establishment. However because he is the only officer the ABCC suggested there be more agents, police officers in case he was not available.
Mr. Casey asked how many they thought would be appropriate.
Mr. Lee said probably at least two more.
Lt. Ouellette said that at least someone would always be available.
Mr. Lee motioned to approve
Mr. Casey seconded
***Mr. Brogan wanted to inform the Board that he would be closing the last week of February and the first week of march for renovations.
Mr. Casey said that was enough notice for the Board and that was fine.
***Mr. Casey said he would like to bring forth a concern that Mr. Morris building at 315-317 Essex Street is supposedly being sold. He said there is a concern for where people will go in this cold weather.
Commun-
ications: None
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: February 12, 2010
Approved: February 22, 2010
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