Meeting: Salem Licensing Board was held Monday, October 15, 2012 at 4:00 pm in the third floor conference room, 120 Washington Street. Present were members John Casey and Rick Lee, Investigator for the Board, Det. Sgt. James Page and Det. Peter Baglioni and Melissa Pagliaro, Clerk. Absent was Chairman, Robert St. Pierre.
Mr. St. Pierre began by saying that he was not present for the last meeting and that there was a Hearing held for Bangkok Paradise. He said that under the MGL’s it allows him to certify a letter stating that he read all of the correspondence and reviewed pertinent information for that Hearing and that the LB is ready to make a finding. and listened to the minutes for that meeting.
Approved: Application for a Street Performers License. Applicants: Evan Buso Jarnis. Present: Ray Buso for Evan.
Ms. Rennard said there was an issue with this performer last year in regards to blocking doorways to business downtown.
Mr. Lee said that when a member or representative of this Board ask him to move he has to move.
Mr. Buso said his son knew the rules but that the problem last year was really his fault.
Mr. Lee motioned to approve.
Mr. St. Pierre seconded.
Approved: An application for a Common Victuallers License for iTaco on 7 Church Street. Applicant: Sergio and Lucelana Corona.
Mr. Corona said that he owns a place in Rockport and he would like to open a Mexican restaurant here in the Museum Place Mall where the former Daily Bagel was.
Mr. Lee said all the paperwork seems to be in order and asked what he was thinking of for hours.
Mr. Corona said that he would like to open from 6am – 9 pm, 7 days a week.
Mr. Lee motioned to approve.
Mr. St. Pierre seconded.
Continued/
Hearing: Bangkok Paradise, 90 Washington Street. Present: Attorney JP Story and Jesus Franco, owner.
Mr. St. Pierre said that after the last meeting Ms. Pagliaro was asked to look into the progressive discipline other establishments have had in the past and asked her to report to the Board on it. He then asked Mr. Story and Mr. Franco if there is anything they would like to add relative to Sgt. Page’s complaint from the previous meeting.
Mr. Story said they do not wish to say anything additional regarding the former complaint. He said that other incidents at other establishments were verified. He said that last week’s testimony showed that no one saw an under aged individual drinking. He said the officer confirmed seeing the minor in the establishment but not drinking. He said that everyone admitted seeing an id and it is not a situation where the minor just ordered and was served.
Mr. St. Pierre said the minor admitted drinking inside the establishment to Officer Johnson against her own penal interest.
Mr. Lee asked Mr. Franco if he was absolutely clear on what types of ID’s were acceptable. Only four and no other and asked him what they were.
Mr. Franco named the 4 types of acceptable ID in MA.
Mr. Story said that Mr. Franco has put some new rules into place since the last time he was before the Board last week and that no one will enter the establishment without one of the 4 accepted ID’s.
Mr. Lee asked if they previously did accept other ID’s and asked if they were sure that none other than the 4 acceptable ID’s have been accepted to gain entrance since last time at the Board.
Mr. Story said that is correct.
Mr. St. Pierre said that the Licensing Board does find that the Bangkok Paradise served a minor and finds that an illegality happened on the premise.
He said that after hearing the report from Ms. Pagliaro on past punishments and being consistent with past practices he said that he will move to issue a formal written warning to be placed in the file. He said that if there any further issues or violations that the punishment will be much more severe and discipline could include suspending and or revocation of Mr. Franco’s license.
Hearing: Bangkok Paradise, 90 Washington Street. Present: Attorney JP Story and Jesus Franco, owner.
Mr. St. Pierre said that this is a Hearing based on a complaint of violation of the Entertainment License.
Sgt. Page gave a synopsis of various reports between January 1 and October 2, 2012. He said that everyone should have the reports; there are around 20 of them. He said in reviewing them he found commonalities such as, location and times and some of his research showed that the establishment is using outside promoters. He said it is noted in one of the reports that a “promoter” for the establishment approached police regarding the large crowd inside that maybe problem at closing time. He said that there has been some social promoting so that one event advertised at this establishment said 10,000 people were invited; another event said 3,900 people were invited to attend. He said that the complaint is based on the fact that promoters are drawing in large and unruly crowds so that the owner can
no longer protect his employees, patrons or members of the public. He said that he does not feel that crowds of 10,000 will show up but that many people being invited makes it possible for very large groups to show. He said that basically the out of town promoters being used are not having a positive effect.
Mr. Story said he would like to address the 2nd issue first. He said that Bangkok has a capacity of 150 people and they do not plan to go over. He said that social media is no different than advertising in newspaper and because 10,000 people were invited it does not mean that 10,000 people will come. He said he thinks that the social media advertising is a bit misunderstood.
Sgt. Page said that establishments can control advertising done by other means but how does media control social advertising.
Mr. Story said that social media is like word of mouth or like an email chain. He said there is no control over word of mouth. He said he’d like to point out that of the thousands invited only 87 replied on Facebook that they were attending.
Mr. St. Pierre said the point being is that what if even 250 people show up. Where do the other 100 people go?
Mr. Story said only 150 are let in. He said it is treated like the Halloween season downtown.
Mr. St. Pierre asked what the cost to get in was and who was getting that money.
Mr. Story said it depends on the event.
Sgt. Page said he believes that there have also been ads in newspapers such as the Lynn Item. Mr., Franco said depending on who is playing it is a different amount.
Mr. Story said he gets the point and if it is the Boards wish that his client does not advertise on social media then he will not.
Mr. Lee said that these promoters are bringing in undesirable patrons. He said
it is the concern of this Board, the police and the citizens and it should be of the establishment too, He said that Bangkok paradise is supposed to be a restaurant and he is uncomfortable with this situation. He said he has done this his whole like and he feels this situation needs to be controlled.
Mr. Story said his client will do whatever the Board wishes.
Mr. St. Pierre said this situation is already out of control. He said the owner himself spoke about patting people down. He said he does not understand why and what he expects to find.
Mr. Franco said he is doing that for safety. He said they found a knife once.
Mr. Story said as for the entertainment issue, he said that everyone should expect large groups at the end of the night as that is when the bars are closing. He said Mr. Franco is not denying that maybe patrons are forced to move along quickly enough. He said that Mr. Franco has out some new protocol in place for moving patrons along at the end of the night. He said that he means no disrespect to the Board but that his client is not responsible for all of the issues downtown. He said his client has a new system in place for closing and will now have three men at the door to move people. He said that the Sgt. Stated there were 20 calls but that 18 relates to his client and that half of them are benign. He said his client realizes the serious issues.
Mr. St. Pierre said he’d like to interject and say that any issue that requires police to go to the establishment is a serious issue. He said that resources are being taken away from the rest of the City. He said he doesn’t like the assumption that it is SSC students. He said none of the people arrested have been SSU students.
Sgt. Page said some of the persons have been from Brook line & Lynn.
Mr. Story said he apologized as that was not his intention. He said he meant it as a comparison to age,
Mr., St. Pierre said he finds some of the reports troubling and mentioned some of the ones that Sgt. Page provided and are in the record. He said this is not the first time the Board has dealt with similar issues. He said he personally feels the need to take action to take control of this situation. He said he is looking to curb the Entertainment License not take it away. He said that if Mr. Story would like to make short argument he can do so now.
Mr. Lee said he agrees 100% with Mr. St. Pierre.
Mr. Story said that if the suggestion is taking the license away there is an issue with that. He said that Mr. Franco will do anything he can to comply with the Board. He said he just wants to operate his business so he can support his family.
Mr. Lee said that in the past when the Board rolls back the hours of an Entertainment License that it usually remedies the issues.
Mr. St. Pierre said he would like to first make a motion to accept Sgt. Page’s conclusions on page 5 of his report.
Mr. Lee seconded
Secondly Mr. St. Pierre said that he makes a motion to roll back the hours of the Entertainment License for Bangkok Paradise at 11pm effective Thursday October 18th. He said all entertainment is to cease at 11pm for the next 6 months.
He said in addition the Board finds that the Entertainment does not provide employees, patrons or the public safety and there is an unreasonable increase in the level of noise in the area.
Mr. Lee seconded.
Commun-
ications: None
OLD/NEW: *New – Sgt. Pager said that he will be bringing in two new complaints before the Board.
He said one is for Bangkok Paradise for serving a minor last Friday.
Another is for Murphy’s for 4 counts of serving underage.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. St. Pierre seconded.
Respectfully submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: October 19, 2012
Approved: October 22, 2012
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