Meeting: Salem Licensing Board held Monday, December 13, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Robert St. Pierre, Chairman, Rick Lee and John Casey. Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: One Day Liquor License. Applicant: Hamilton Hall. Present: Tricia Schott.
Mr. Casey read from the application and said the event was on December 18, 2010 from 9:30-12:30am.
Ms. Schott said it is for the annual Christmas Ball and that they have a paid detail from 9:00pm-1:00am and that there will be about 200 guests.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Andrea Simoneau
Mr. St. Pierre asked what it is she is looking to perform.
Ms. Simoneau said that she is a folk musician.
Mr. Casey asked if she ahs performed in Salem before.
Ms. Simoneau said no.
Mr. Casey explained that the Board is in the process of working with the City Solicitor to go over the rules and regulations for Street Performers. He told Ms. Simoneau to come back to the Board in the spring as they licenses expire in March.
Mr. Casey motioned to approve.
Mr. Lee Seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Discussion: Rockafellas. Present: Kevin Marchino
Lt. Ouellette said that this discussion is to try and alleviate any problems that may become bigger. He said this discussion is based on three different police reports and the officer’s requested that the LB be notified.
Mr. St. Pierre asked that Lt. Ouellette give a synopsis of the three reports.
Lt. Ouellette said that there was a report on November 11 of a man who was inside groping a patron twice. The woman felt the man was intoxicated. Her husband jumped in and the man and the husband got into a physical alteration. The bartender and came to help and got hit by the husband not knowing it was the bartender trying to help. Witnesses all said the man seemed under the influence.
On October 29, Officer Englheart and Officer Gagnon were out walking downtown. They observed a man who was very intoxicated falling over the tables out front of Rockafellas. When the officers approached him he became very combative. He said he came from Rockefellas He said his wife was still inside. He bit officer Gagnon.
On October 30, Sgt Rocheville and King went to the restaurant. The manager called the police to remove an intoxicated man. Police felt that he had been over served.
Lt. Ouellette said that maybe this is an indication of some problems brewing, but wanted to discuss it now before anything serious comes of this. He said that there may still be charges pending in the incident from November 11.
Mr. Marchino said that the bartender is not going to pursue and charges. He said that his bartender only tried to help the situation.
Mr. Lee said that it seems as though all of the incident people had been over served. He said this is an issue that will have to be addressed immediately.
Mr. Marchino said that in the case on the 30th, the man got the police outside. The bartender said that the man was belligerent because the bartender said he would not serve him. The bartender said that he was banging on bar and at the point he was escorted out.
He said that as for the incident with the man out-front, the man was saying his girlfriend was in the bar so that he could get in. He began acting crazy out front when he was not permitted in.
He said that not all three people were over served at Rockafellas. That people were already intoxicated upon arrival to Rockafellas.
Mr. St. Pierre said that he understands that in the first two instances he tried to keep these people out of the establishment and he has to keep doing that.
Mr. Lee said that it was good thinking to seek help from the police and that it is not a black mark for them. He said however it is a bit different if he they all and the patrons have been over served in your establishment. He said that it sounds if that is possible the case in two of these situations. He said that Mr. Marchino should go back and talk with staff and address this before there are bigger problems.
Mr. Casey said he agrees and thinks there needs to be a serious discussion with his staff.
Mr. Marchino said he has already done that.
Mr. Casey said Mr. Marchino should take these problems very serious but did commend him for calling the police.
Mr. St. Pierre said that he just need to keep trying his best.
Mr. Lee asked if he was pert of the 0 tolerance policy.
Mr. Casey asked if that was still in effect/
Mr. Marchino said that it was.
Mr. St. Pierre said there is nothing further.
Hearing: Gulu-Gulu Café, Present: Steve Feldman and Laura Potter Walton.
Mr. St. Pierre said that he was going to ask the Fire Inspector, Chuck Holloran to speak on these violations.
Mr. Holloran said that these inspections happen annually. He said the occupants in the establishment are checked against the posted occupancy certificate. He said that Gulu Gulu has an occupancy permit that reads 80 inside and 14 outside. He said that when he asked at the door on October 30th he was told that the occupancy inside was 94 and the actual count showed 117.
Mr. St. Pierre asked how many other Fire violations there have been in the past.
Mr. Holloran said that this is the first for them.
Mr. St. Pierre said that these fire violations are very serious.
Mr. Casey asked how the count as off.
Ms. Walton said the doorman that night lost count. She said he is no longer working there. She said they have also recently increased the amount of time that a manager is there.
Lt Ouellette suggested that the Board requires all liquor establishments to have a clicker at the door.
Mr. Casey asked what nights they currently have someone at the door.
Ms. Walton said Weds night is there big night right now and they have a door person. She said also Saturday and Sunday and they use a clicker if it is a big crowd.
Mr. Casey made a motion that f there is a large crowd of a people a clicker must be used as a condition of the license.
Mr. Lee seconded.
Mr. St. Pierre said all in favor. Motion carries.
Mr. Holloran said that maybe they should consider two clickers, one for in and one for out.
Mr. Casey said that was a good idea and made a motion to approve two clickers at the door.
Mr. Lee seconded.
Ms. Walton asked if she still had the discretion to decide when they needed someone at the door.
Mr. St. Pierre said that is correct.
Mr. Lee motioned to place a warning in the file for one year for overcrowding. He said that if there is there are no further violations it will be removed in a year.
Mr. Casey seconded.
Mr. St. Pierre said that all were in favor. Motion carries.
Hearing: Dodge Street Bar & grill. Present: Frank Presutti, owner, Steve Black, doorman, James Willis, attorney.
Mr. Holloran said that on October 30 he was there on inspection. He said that the certificate says 181, 125 in the front and 56 in the rear. He said the actual count was 202.
Mr. Presutti said that he disagrees with that number, He said that maybe it was off a little but he had door people on who’s only job was to count.
He said he thinks that there was an issue with counting people on the sidewalk. He said that he let over 10 people out and thought they were ok.
Mr. Holloran said that he even called Lt. Ouellette to come to the establishment. He said that he does not count people that are on the sidewalk. He said that Mr. Presutti had two doors open and think that may have been his problem and that people were coming in both doors.
Mr. Black said that his wife was at the door counting.
Mr. Willis said that there was someone at the door and someone else inside counting.
Mr. St. Pierre asked how many violations there have been in the past.
Mr. Holloran said that this was the first.
Mr. Casey asked if the ten people that were let out were let back in.
Mr. Presutti said that once they go out they have to get back in line to get back in.
Mr. Casey said that the Board has an obligation on behalf of the City to ensure safety. He said not to let it happen again or the next time the action taken will be much more egregious.
Mr. Lee motioned to place a warning letter in the file. He said that if there are no other violations in one year it will be removed from the file.
Mr. Casey seconded.
Mr. St. Pierre said that all were in favor. Motion carries.
Hearing: O’Neill’s. Present: Ron Brogan, owner
Mr. Holloran said that an inspection on October 30 there was an actual count of 257. He said the capacity is set at 200. Mr. Holloran said that this is the second time with the first offense being on October 27, 2006.
Mr. Brogan said that he would respectfully disagree. He said that he had a total of 2 doorman and 3 clickers. He said there could not have been 257 people inside. He said that he had just cleared three large dinner parties.
Mr. Casey asked how many were in those parties.
Mr. Brogan said 12, 15 and 17 people.
Mr. Holloran said Mr. St. Pierre may want to refer to Lt, Ouellette. He said the Lt. seen how hard it was to navigate from the front to the back of the restaurant.
Mr. Brogan said that it is a narrow section in the middle anyways. He said he meant no disrespect but they had counted 197 on the clickers.
Mr. Casey said that by having the Hearing the LB transfers the responsibility to Mr. Brogan, he said the LB does not want to happen here what happened in RI.
Mr. Lee said that they need to be more diligent when using the clickers. He motioned to put a written warning in the file for one year. He said if there are no other violations in a year that it will be removed from the file.
Hearing: Strega. Present: Linda Cappuccio
Mr. Holloran said that on an inspection on October 30 there was an actual count of 245. He said the capacity is set at 180. He said that Lt. Ouellette and two other officers that were out on duty with him responded to the establishment to meet him.
Mr. St. Pierre asked if she was over in 2009.
Mr. Holloran said that she was but Ms. Cappuccio was under the impression that her numbers had already been changed at that point.
Ms. Cappuccio said that she has two clickers at the door at all times. She said she had someone else roaming around inside that night counting too. She said there were four doorman on and a hostess. She said she took reservations for 100 people that night. She said that she took a count at 8:00pm. She said she already had a line at 7:30 and anyone with tickets could get in. She said the doorman never left the door and she was there as well. She said she disagrees with 245 people. She said she is very strict about how they allow people in. She said that she may have been a couple over but that she doubts it. She said he doorman was supposed to be here but he could not make it. She said that the seating has never been 99 and that was an error. She says a certificate for that has never been printed. She
says the capacity has always been 184. She said it is now 180 because of the Chief. She said she had an architect redo her floor plans and he came out with 230 but the City only allows 180 because of the bathrooms. She said she follows all of the rules all of the time. She said maybe she was a couple over but not 245.
Mr. St. Pierre asked if Lt. Ouellette was called,
Mr. Holloran said that he was and came to the establishment. He said lt. Ouellette responded to each call that night.
Mr. St. Pierre asked if there were any other violations.
Ms. Cappuccio said last year but that was in error.
Mr. Holloran said not according to the certificate. He said they post what certificates they get.
Mr. Casey asked if that number was reexamined.
Mr. Holloran said that he believes that she was asked to bring some stuff in and did not.
Mr. Lee said he motioned to put a warning letter in the file. He said that this is it and if there is an overage on capacity again the LB will penalize her by closing her down on regularly open days. He said that if there are no other violations this will be removed in one year.
Mr. Casey seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Hearing: Tavern in the Square. Present: Stephen Desouza, owner and Matt Biels, General Manager.
Mr. Holloran said that on Friday October 15 there he did an inspection and there were two issues. The first being that an exit door was blocked by an occupied table and the other was overcrowding. He said the capacity it 300 and the actual count was 330. He also said that when he walked by the establishment later that the table was empty and still blocking the exit.
Mr. Casey asked if either of the men were there.
Mr. Desouza said that Mr.Biels was. He said they have no argument and that Mr. Holloran is correct and the door was blocked. He said he thought they were ok on capacity as they had two clickers at the door. He said they were surprised that they were over. He said another count was done after and they got 300 people.
Mr. Desouza said there has to be some margin for error. He said that they are very diligent. He said on Halloween they were way under capacity.
Mr. St. Pierre said that he liked their approach and that they did not try to excuse anything.
Mr. Biel said that they take all the rules very seriously.
Mr. Lee motioned to place a warning in their file and if there are no other violations in a year the warning will be removed.
Mr. Casey seconded and asked them to make sure that they keep using clickers
Commun-
ications: *Mr. St. Pierre noted that Mr., Brogan from O’Neil’s was still present. Lt. Ouellette said that they had a conversation about the pending decision at the ABCC. He said that Mr. Brogan is willing to take a one day suspension on a different day than what was originally given.
Mr. Brogan asked if he could serve the suspension on a Monday.
Mr. Casey asked if it was only a day.
Mr. Lee said to pick a Monday after the holidays.
Mr. Brogan asked if Monday January 24, 2011 would be ok.
Mr. Lee told Mr. Brogan to bring this License to Ms. Pagliaro on the 24th for the day.
Mr. St. Pierre said that this violation was very serious but Mr. Brogan has shown cooperation.
Mr. Casey said Mr. Brogan should speak to his staff.
*Mr. St. Pierre spoke about 109 Lafayette Street, formerly Casa Blanca.
Mr. Lee said there are some issues regarding a pledge.
Ms. Pagliaro said that she believes that City Solicitor, Beth Rennard has been in touch with the attorneys.
*Lt. Ouellette said the letter was received from the same guy who was previously before the Board and
Mr. St. Pierre noted that email has been received and to place it in file.
Old/New
Business: *Mr. Casey noted that he has seen two establishments in the City that are
advertising “happy hours”. He would like a letter drafted under the Chairman’s signature to all liquor establishments stating that Happy Hours are not allowed in Massachusetts.
Mr. Lee asked who is advertising.
Mr. Casey said the Waterfront and Victoria Station.
Mr. Casey motioned to approve the letter going out.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
*Mr. Casey said that the Chairman and he met to discuss the ordinance on Street Performers. He said they are going to meet with Beth on Monday afternoon and that there will be no further applications approved until the ordinance is defined.
Mr. Casey motioned to put all Street Performers on hold.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
*Mr., Casey noted that Councilor Lovely will be placed on the Agenda for the meeting on January 24, 2011 to discuss Fortunetelling Licenses.
*Mr. Casey also discusses the process for One Day Liquor Licenses and asked that Ms. Pagliaro call him so they can draft a letter.
*A Gloria Leclerc, in the public gallery, asked if she could speak to the Board about 75 Congress Street. She said she lives at 79 Congress Street and is present with her son Michael Riley.
Mr. Riley said that years ago his grandfather owned the bar that used to be there and the apartments above it. He said with all the new ownership they want to add to much entertainment that the place is not big enough to handle.
Ms. Leclerc said that it is an extremely noisy crowd. She said that on June 10th she called the police. She said that they have just recently started to open on Thursday, Friday and Saturday at 9pm until 1am.
Mr. Casey asked if she could be present for the January 10th meeting and advised her to keep records.
Ms. Leclerc said that she has to wake up for work at 4:45 am and the noise until 1am makes it difficult for her.
Mr. Riley said the only thing that separates them is a 12 ft d=driveway.
Mr. St. Pierre encouraged her to come back on January 10th for the Hearing.
Lt. Ouellette said he knows that fliers are being passed out around town and thinks that they are possibly sub-leasing the establishment.
Mr. Casey noted that as of now the license is not operational and that should not be happening.
Mr. St. Pierre said that if they are sub0leasing the LB could temporarily suspend the license until this is all figured out.
Approved: Meeting minutes from November 22, 2010 meeting
Mr. Lee motioned to approve
Mr. Casey seconded. All in favor
Adjourn-
ment: Mr. Casey motioned to adjourn
Mr. Lee seconded. All in favor
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: January 3, 2011
Approved:
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