Meeting: Salem Licensing Board held Monday, April 12, 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.
***Mr. St. Pierre started by saying that the discussion with Dunkin Donuts has been postponed.
Approved: One Day Liquor License for Temple Shalom. Present: Larry Tatelbaum.
Mr. St. Pierre asked for a brief description of the event.
Mr. Tatelbaum said that it is a fundraiser and they are going to have the G-Clef doo wop group there. He said the event is on June 6 at 6pm. He said they will serve beer and wine and that there will be a two drink max. He said Soucy insurance is sending over a certificate and that he has been in touch with Salem Police for the detail. He said there will be about 500 people and that there will be special guests and that hopefully the Governor and Mayor will be there as well.
Mr. Casey said he has answered everything and that the Board will waive the fee and Mr. Tatelbaum can have his check back.
Mr. Casey motioned to approve pending receipt of insurance certificate.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor
Approved: OKEA Grill - Request to amend Entertainment License. Present: Dwayne and Gingi Sandler.
Mr. Sandler said that they opened a year ago and had radio music on the license. He said that he would like to have an acoustic solo player twice a week.
Mr. Casey said that he has Friday night on the application.
Mr. Sandler said he would like to see if Friday or Saturday night works better.
Mr. Casey asked Mr. Sandler to write in Friday and Saturday nights on the application. He also said that the music should not be heard on the outside of the building and that will be put on the license.
Mr. Lee motioned to approve
Mr. Casey seconded
Mr. St. Pierre said motion carries. All in favor
Approved: Street Performers License. Present: Michael and Maria LoPresti.
Mr. St. Pierre asked them what they perform.
Mr. LoPresti said that for the last two years he dresses in costume as a pirate on Essex Street. He would like his wife to be included this year.
Mr. Casey asked if he was aware the hours were 10 am-8pm.
Mr. LoPresti said he was. He also said that he has a box for donations and doesn’t ask a specific price to take pictures and he has no music.
Mr. Lee motioned to approve
Mr. Casey seconded
Mr. St. Pierre said motion carries. All in favor
Discussion: Salem House of Pizza. Present: Sher Shah, owner
Mr. Casey said that he was being called in because of a complaint form City Councilors regarding the dumpster at the front of his establishment. He said he has also been by there several times and there are shingles from the roof strewn all over and trash falling out of the dumpster which is unacceptable. He said maybe Mr. Shah could speak with the dumpster people.
Mr. Shah said the issue with the shingles was the contractor he hired to fix the roof and it took him a long time and he is done now. He said there is no place else for the dumpster to go.
Mr. St. Pierre said that if the roof is fixed now then that is not an issue.
Mr. Casey said that Mr. Shah needs to build a fence around the dumpster if it is to remain out front.
Mr. St. Pierre said that it looks pretty bad out there.
Mr. Casey said the Board will give him 30 days to get a fence around the dumpster.
Mr. St. Pierre said that if Mr. Shah finds an issue with that time frame to contact the Licensing Department.
Discussion: Loring Liquors. Present: Kirk O’Feish
Mr. St. Pierre said that he was going to turn the discussion over to Lt. Ouellette to speak on this matter.
Lt. Ouellette said that the ABCCC and 5 Salem Police Officers conducted a sting. He said the group of them went to Loring liquors because it was in close proximity to the college. He said no one actually underage came out but there were minors waiting in cars in the parking lot. He said most of the issues that night became more criminal complaints because of the minors. He said about ¾ ways through the night, it was obvious that one of the employees in the store was tipping people off that we were in the parking lot. He said there were a couple of different scenarios that made it obvious to them that they could the adults could not hand the alcohol off. He said that the discussion tonight was to make Mr. O’Feish aware what
happened that night and that the employee had given the ABCC investigator a hard time. Lt. Ouellette said he also spoke to him and was given an attitude. He said the owner needs to speak to his employees because it is his license that can be affected.
Mr. Lee asked what the employee said.
Lt. Ouellette said that when he was asked what he said to customers, his response was “I can tell them whatever I want”. He also said to investigators “I’ll do my job and you do yours”.
Mr. O’ Feish said he is disgusted and embarrassed over the actions of his employee. He said that the employee is fairly new, He said he has already spoken to him and told him that he needs to smarten up when it comes to the ABCC and the police. He said he can guarantee the Board that there will never be an incident like this again with any official.
Mr. St. Pierre told Mr. O’Feish that he was not singled out and that he wants establishments and the Board to work together. He said he does not alcohol getting into the hands of minors.
Mr. O’Feish said the Board, police and ABCC are doing an admirable job and that he does not want alcohol going to minors either.
Lt. Ouellette said that these stings are not directed toward establishment but towards minors.
Mr. St. Pierre said there is no further discussion.
Approved: Change of Manger for Regatta Pub. Present: Tom Eagan, attorney and Richard Rockett.
Mr. St. Pierre asked what they changing.
Mr. Eagan said that this is a change of manager and that Mr. Rockett has taken a class to be certified.
Mr. Rockett said that he also has the building plans that his brother was to bring in for the new license for phase II of the hotel.
Lt. Ouellette said that when a manager is named it is supposed to be someone who id there on premise. He said that tan alternate name should be given for when the manager is not there.
Mr. Rockett said that would be Mr. John Bercume.
Mr. Casey asked Mr. Rockett for his and Mr. Bercume’s home and cell phone numbers.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor
Approved: Change of Manager for Loyal Order of Moose. Present: Joe Correnti, attorney, Charles Sinclair and Philip Boltas.
Mr. Casey asked if they heard what the Lt. said about having a back up.
Mr. Boltas said he would be there between 40 and 60 hours a week.
Mr. Sinclair said they serve from 11:30am-1:00am.
Lt. Ouellette asked who the bar manger is.
Mr. Boltas said he was.
Lt. Ouellette said it does not hurt o have another one so if the manager is not there someone is there that is responsible if something comes up. He said it used to be that there was always a manager on premise.
Mr. Boltas said he can discuss it with the Board.
Mr. Sinclair said that the bartender is the one who is in charge.
Mr. Casey asked if Mr. Boltas was TIPS certified.
Mr. Boltas said that he is not at the moment but he is scheduled to take a class at the end of the month.
Mr. Casey asked for an alternate name and also for Mr. Boltas home and cell numbers.
Mr. Casey motioned to approve pending TIPS certification and an alternate name.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor
Approved: Transfer of All Alcohol Liquor License from Matematika Sports Bar, Inc d/b/a Casa Blanca to JER Ventures, LLC d/b/a Lafayette Grill, 109 Lafayette Street. Present: Michael Van Dam, attorney and Jim Roger, owner. Also in gallery were Attorney John Mihos and Andre Moya.
Attorney Van Dam said that Mr. Rogers is looking to open grill at this location and serve bar food such as burgers and hot dogs. He said from the beginning they were aware of the problems that Casa Blanca had in the past and they are on notice. He said that the new owners and new management concerned about safety. He said that Mr. Rogers has experience in the restaurant and bar industry near Boston’s colleges. He said he aware of the problems with underage and minors. He said that he managed a place in Boston for one year and never had a problem other that one late closing in spring when he did not realize that the clocks were turned ahead. He said they are looking to keep 100 seats and they are not operating a nightclub. He
said it is more of a tavern or a bar. He said it will be a 7 day operation and there will be no club atmosphere.
Mr. Casey said that a problem with Casa Blanca was who they were directing their marketing at. He asked who they are directly advertising to.
Mr. Rogers said that they will offer a children’s menu as well. He said it will be a place where families can come and watch a game and some college students too. He said that all servers and bartenders will be TIPS certified.
Attorney Van Dam said they are not looking for huge Friday night crowds. He said they would like it to be neighbors and tourist and not a club to create problems.
Mr. St. Pierre said that having a children’s menu is encouraging.
Attorney Van Dam said that the few hours he spent at the City to get paperwork done people would hear the name and not look to positive. He said they are aware of the past issues and are on notice.
Mr. Casey asked the terms of the lease.
Attorney Van Dam said it was for 10 years.
Mr. Casey noted the purchase price of the liquor license at $72,000.
Attorney Van Dam said that was correct. He said the purchase price was $92, 000 and $72,000 as the license price.
Mr. Casey also noted the check Mr. Moya showed the Board of the $10,000 deposit.
Mr. Casey said he would motion to accept the transfer cont8ingent upon receiving the documents for financing. He said the state looks for where the money is coming from.
Attorney Van Dam said there is a pledge to the landlord.
Mr. .Casey asked Mr. Rogers to get an executed copy to the Board in the morning so the application can be processed.
Mr. Casey asked when they were going to open,
Mr. Rogers said he would like to soon and they are only doing minor cosmetic inside. He said that he would like to keep same capacity but would have fewer seats inside.
Lt. Ouellette said the seating is determined by the building department. He also asked what percent of earning would be from food as compared to alcohol.
Attorney Van Dam said probably 35-40% percent would be food in the beginning because it’s usually slow.
Lt. Ouellette said he was asking because he wants to be clear that they are looking for a restaurant and not a bar.
Attorney Van Dam said he hopes that eventually 60-65% will be food. He said they cannot promise that but that is what the goal is and they are hiring a front end chef to get the food going.
Lt. Ouellette asked about security. He said that Casa Blanca had big issues with security in the beginning but was good at the end.
Mr. Rogers said that it was going to be an entirely different crowd and that security for a restaurant might scare patrons away. He said that he will have trained doormen and that it is going to be a restaurant and not a club.
Lt. Ouellette said he thinks these are important questions to address. He also said there are to be kind of gambling video games and asked if Mr. Rogers was familiar with closing time procedures.
Mr. Rogers said he knew closing was at 1am.
Lt. Ouellette said that last call was at 12:30 am, 12:45 start clearing tables and at 1am everyone must be out. Staff can be inside until 2am for bookkeeping and cleaning.
Mr. Casey said the Board wanted to be clear that when the staff is cleaning there are to be no drinks, cups or any liquid on tables or at bar during cleaning. That is a violation of your license and cumulative punitive policy.
Lt. Ouellette said this is not to hurt the establishment but help them.
Mr. Casey motioned to approve the transfer with the following provisions: the routing slip is completed, promissory note is signed and business certificate and menu are turned in, also that servers and bartenders be TIPS certified and proof of that is turned in.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor
Approved: Entertainment License for JER Ventures, LLC d/b/a Lafayette Grill
Attorney Van Dam said there would be at least two TV’s depending on budget and piped in music.
Mr. Lee said it would be better to put more TV’s then have less.
Mr. Rogers said possibly eight TV’s then.
Lt Ouellette asked if there would be any video games.
Mr. Rogers said there would not be.
Mr. Casey motioned to approve the Entertainment license for 8 TV’s and piped in music.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor.
Approved: Transfer of Annual All Liquor License from C’est La Vie Restaurant Group to Bayview Holdings, LLC. Present: Steve Belakonis, current owner, Ernest Corben, new owner and Andrew Corben, manager.
Mr. St. Pierre asked the Mr. Corbens what the plans were.
Mr. Belakonis said that he wants to transfer the license and that Mr. Corben will assume promissory note and business.
Mr. Casey asked what kind of restaurant it will be.
Andrew said that it is going to be an American contemporary with tavern to upscale food with local artists’ painting for décor. He said that his father and him have been part of restaurants from Boylston St. in Boston to Portland Maine. He said they have owned and operated 14 restaurants.
Mr. Casey noted that the holder of the promissory note is Mr.Bernadino, owner of the building and that it is for $150,000. He asked what the liquor license is worth.
Andrew said the note for the $150,000 is for the liquor license.
Mr. Casey said that $150,000 for the liquor license serves as a precedent in the City.
Mr. Bernadino said when they did this same transaction last year with C’est La Vie it was $200,000, he said he lowered the price.
Mr. Casey said he did not believe the Board noticed or was aware of that at the time.
Mr. Belakonis said that the ABCC also questioned the amount.
Mr. Casey said it seemed the $150,000 should be more inclusive.
Andrew said that the floor plan is to stay the same as Sonoma. He said that all employees will be TIPS certified. He said right now they will open 5 days but will eventually be 7 days.
Mr. Casey asked about the hours.
Andrew said they will be from 11:00 and until 12:15 am. He said 12:15 will be the last drink so there will be no problems at closing.
Mr. Casey said we still need the From 983
Mr. St. Pierre asked what the occupancy number is.
Ernest said he thinks it is 50.
Mr. Belakonis said it is 46.
Mr. Casey motioned to approve the transfer of the license conditioned upon receiving the Form 983 and the legal ad and approves that the license be pledges to Arthur Bernadino and that proof of TIPS training be submitted to the Licensing Department.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All in favor.
Approved: Entertainment License for Bayview Holdings, LLC
Andrew said he would like to have 3 TV’s background music and a live
soloist and acoustic on Friday and Saturdays.
Mr. Casey asked if he was aware that there were tenants above him.
Andrew said he would comply in what ever way he had to and of there was a problem he would stop the live music. He said it cannot be too loud because of the small space.
Mr. Lee motioned to approve
Mr. Casey seconded
Mr. St. Pierre said the motion carries. All in favor.
***Mr. Bernadino said for the record that a year ago the business was sold to Sonoma for 200,000. He said the price is lower now and that whatever Mr. Corben pays now is put toward the purchase price. He said the reason for doing this was because he does not want the license to be moved.
Approved: 3 Vending locations. Present: Paula and Kevin Kefalas.
Mr. St. Pierre asked them to explain what they would like to do.
Ms. Kefalas said that the LB is the ones that asked them to come in.
Mr. Casey said they are here to renew their annual vendor spots. He said
this year the LB would not list foods they are allowed to sell that the Health Department will determine what foods can be sold off of their carts.
Lt. Ouellette said the Health Department knows legally what you can sell off of carts.
Ms. Kefalas said that it is listed on the Health permit.
Mr. Casey said the applications are for the Museum, the fountain and the common.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All in favor.
***Mr. Casey said there was a letter submitted by Ms. Kefalas regarding the increase in vending fees for 2010. He said that Ms. Pagliaro can get a copy of the ordinance to them if they would like. He also said the meeting where the fees were increased was posted on line and on legal board.
Mr. St. Pierre said that all items in the letter can be answered with a copy of the City Ordinance except for item #4, which asks for fees paid between 1999 and 2010 should be addressed to the City Solicitor through their attorney.
Ms. Kefalas asked Mr. St. Pierre if that meant he was not going to have Ms. Pagliaro give her anything.
Mr. St. Pierre said she could get a copy of the ordinance.
Mr. Casey said the Board also increased Lodging House fees.
Ms. Kefalas asked if the increase was more than 44%/
Mr. St. Pierre said that the ordinance explains the legal fee structure. He said their attorney should be able to understand the legal language and he should contact the City solicitor with any other questions.
Ms. Kefalas said the lawsuit said that the City could not recoup fees for past years in one year.
Mr. St, Pierre said that is why they should have their attorney contact Ms. Rennard if there are any other questions.
Discussion: 315-317 Essex Street. Present: Steve Morris, owner
Mr. St. Pierre said that he was going to let Lt. Ouellette speak to this matter.
Lt. Ouellette said there are some new reports since the last time Mr. Morris was in on his two properties at Essex and Boston Streets.
Mr. St. Pierre said that with a more recent incident there was a police officer involved and the Lt. to give some information on it.
Lt. Ouellette said that on 3/17 there was a landlord tenant dispute between a Ms. Whitmore and Mr. Morris that involved the locks being changed. Lt. Ouellette read the report and it is in the file.
Mr. Morris said that he did not change them that the tenant was under the influence and broker the key off in the lock.
Lt. Ouellette said that the incident involving the police officer also involved Ms. Whitmore and the building manager Mr. Ford. Lt. Ouellette read the report and it is in the file. He said that in that incident the dogs jumped toward the officer. He said the dogs (pit bulls) were so aggressive the officer had to draw his gun and ordered Mr. Ford to get them away.
Mr. St. Pierre asked Mr. Morris if the dogs were still there.
Mr. Morris said the dogs were gone the day after the incident happened.
Mr. Casey asked if Mr. Ford was now at the 43 Boston Street address with the dogs.
Mr. Morris said that he was acting as the Manager there now and that he only had one dog.
Lt. Ouellette said that Mr. Ford was previously arrested for assault with a dangerous weapon, which was the dog.
Mr. Morris said that the previous incident where Mr. Ford was arrested it was the tenant that attacked him first.
Lt. Ouellette said there was another incident with a Dawn Hamilton who was the former girlfriend of Mr. Ford. There was a disagreement and officers were dispatched there. He said at one point she had a 209A against Mr. Ford. There was another incident on January 1, 2010 between a Mr. Ashley and Mr. Ford. Mr. Ashley has a 209A against Mr. Ford. He said that Mr. Ford was prohibited from going to 315 Essex Street. Mr. Ashley said that he saw a vehicle that looked just like Mr. Ford’s parked out front. He said tenants also claimed to have seen Mr. Ford on the property. Lt. Ouellette noted the letter that is in the file that was submitted by Sgt. Rocheville stating that police have been at these properties a total of 6 times since
January for issues with Mr. Ford and the tenants. The report mentions an incident at 43 Boston St. that states that Mr. Ford attacked a tenant as well.
Mr. St. Pierre asked if there was anything more.
Lt. Ouellette said that he suggests that for Mr. Morris to protect his license and for the safety of the tenants and the neighbors he suggests that Mr. Morris terminate Mr. Ford as manager and not allow any contact with tenants and have dogs removed from both addresses.
Mr. St. Pierre said first of all he wanted to address something that Mr. Morris referred to earlier when the meeting began. He said that he does not ever want Mr. Morris to use racial slurs again before this Board. He then asked if any neighbors would like to speak briefly.
Ms. Dorothy Hayes, who is a neighbor, said that it has been a bit quieter but she thinks that is weather related. Referring to the incident with the dogs, she said that the LB last year asked Mr. Morris to get a responsible manager to handle problems but instead the manager is the problem. She said that there are neighbors who directly abut 315 Essex Street that has a child that is out side while these dogs are around. She said she supports the recommendation of Lt. Ouellette.
Mr. St. Pierre said that he would like to acknowledge two City Councilors who are here tonight, Paul Prevey and Steve Pinto.
Mr. Pinto said that prior to tonight there is an application at the zoning Board to turn this property into condos, so the building is going to be sold. He said he is not here to say that no wrong has been done but that Mr. Morris was making an effort.
Mr. Casey said that there is a long history of this behavior. He said that this property will not be a problem for much longer but he wanted to speak on Mr. Morris’ behalf.
Mr. Casey asked when the sale would be happening.
Mr. Morris said the 24th of April.
Lt. Ouellette also noted that 179 Boston Street was sold a while ago and we have seen no new application.
Mr. Lee asked what he was going to do with Mr. .Ford and the dog situation
Mr. Morris said the dogs will be gone tomorrow and that Mr. Ford was not acting as manager the day after the incident. He said that he would still like to have Mr. Morris live there. He said he would like to have Mr. Ford come speak to the Board because there are two sides to this story.
Mr. Casey said that last year the Board asked you to screen tenants and a manager based on miles of police reports.
Mr. Morris said he does with cameras and all.
Mr. Casey said that this Board questions Mr., Morris suitability to handle a license in this City, he said that there is no evidence that shows that he is suitable.
Mr. Morris said that he disagrees.
Mr. Lee said he agrees with getting Mr. Ford out of the properties and the dogs as well to protect the neighbors and Mr. Morris.
Mr. Lee said he realizes that Mr. Morris tried to do a good job and that running these properties are a hard job. He said however, the LB is discourages with all of the reports and the same name keeps coming up.
Mr. Casey said that the LB concern is for the disenfranchised that have no where else to go. He said that Mr. Morris reaps the reward of that.
Mr. St. Pierre said he thinks the entire Board agrees on action.
Mr. Lee said that Mr. Ford and his dogs need to be removed immediately.
Mr. Morris said he agrees with dogs but wants Mr. Ford to speak to Board.
Mr. Casey said this has gone on for too long.
Mr. Lee said the LB does not want to hear from Mr. Ford and said that he will give Mr. Morris a week to remove Mr. Ford.
Mr. Morris said because of sue process he needs 30 days.
Mr. Casey said that Mr. Morris needs to start process immediately.
Mr. .St. Pierre agreed and said that the dogs need to be gone tomorrow.
Mr. Casey said the LB would like some proof of removal and proof the eviction proceed has been started.
Lt. Ouellette said he would like to see Mr. Ford removed as manager immediately.
Mr. Lee motioned to immediately remove Mr. Ford from any managerial role, remove dogs from any propertied immediately and start he process to have Mr. Ford out of the properties within 30 days.
Mr. Casey seconded
Mr. St. Pierre said motion carries. All in favor.
Commun-
ications: Letter from Paula Kefalas requesting information.
Old/New
Business: *Lt. Ouellette said there are two complaints he would like to bring to the Board.
The first one is for O’Neill’s for finding an underage patron drinking in the establishment during a compliance check with the ABCC and Salem Police.
The second one is for Dodge Street Bar & Grill for failure to post cover charge and issue a receipt and for an underage patron drinking.
Mr. Lee motioned to call both establishments in for a Hearing on April 26, 2010
Mr. Casey seconded
Mr. St. Pierre said motion carries. All in favor.
Approved: Minutes from 3/22/2010 meeting
Mr. Lee motioned to approve
Mr. Casey seconded
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: April 23, 2010
Approved: April 26, 2010
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