Meeting: Salem Licensing Board was held Thursday, May 31, 2012 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members Robert St. Pierre, Chairman and John Casey. Absent: Rick Lee, Investigator for the Board, Peter Baglioni and Melissa Pagliaro, Clerk of the Board. City Solicitor Elizabeth Rennard was also present.
Discussion: Tavern in the Square regarding a complaint bought before the Board by Special Investigator Baglioni. Present: Steve Sousa, owner, Matt Biels, former manager and Rick Naples, current manager.
Detective Baglioni asked Sgt Rocheville to speak about how this complaint started.
Sgt. Rocheville said that he had received complaints regarding noise and intoxicated patrons leaving the premise. He said that on 4/24/12, there was very loud music playing, and a loud microphone which seemed to be a DJ area as well trivia night. He said that he went into one of the resident’s apartments upstairs and it was very loud.
***Report on file from 4/24 and 4/28/2012.***
Mr. St. Pierre noted that no one ever carded Officer Phelan at the bar but that later on when it got busier the doorman started to card.
Detective Baglioni said that there Entertainment License currently only reads for CD, televisions and a jukebox.
Mr. Sousa said that nothing has changed since day one and that he misread the renewal for the entertainment application and filled it out incorrectly.
Mr. Casey said it is important for business to adhere to what is listed on the license.
Mr. St. Pierre said that whether it was a misunderstanding or not they were in violation of the entertainment license because what they were doing was not permitted on the license. He said the application for renewal was voted on based on what they wrote in. He said that they should submit a new application to amend the license and put on exactly what they are asking for. He said that there is an issue with neighbor(s).
Mr. Naples said that he has made adjustment to the volume, has had diagnostic tests run and has walked around building to make sure the sound is not to loud and has closed the windows earlier.
Mr. Casey said that until they come back before the LB to amend the license they can only do what is permitted on the license and said they may want to try and keep the sound level down.
Mr. Sousa said that this whole issue is a concern to him as well. He said that there is one tenant who used to be a patron that seems to have a problem with them. He said that they are not doing anything different in regards to entertainment since the day that they opened.
Detective Baglioni said that there was another issue with two emails that were received regarding the way that a bartender handled an very intoxicated patron. Both customers said they were willing to come before the LB if they had to and both said they were not from Salem. He said that the emails state that the man was literally thrown out of the tavern, very close to the roadway and nearly cracked hid head on the fire hydrant. He gave the e mails to Mr. Sousa to read.
Neither Mr. Biel nor Mr. Naples said that they were aware if this incident.
Detective Baglioni said that he called them for the Board for discussion just so that they can resolve whatever issues there are and not to hurt their business.
Mr. St. Pierre said that these kinds of complaints are concerning. He said that a lot of time with other places in Salem this is how a whole variety of other problems started. He said that the bouncers that the establishments hire are the front lines of the business.
Mr. Sousa said that he agrees and that the emails are very disturbing. He said they call the employees at the front door, doormen.
Mr. Casey asked if all of his servers were TIPS trained.
Mr. Sousa said that they are all trained and that he cannot speak specifically to the situation that occurred because he was not there that night.
Mr. St. Pierre asked Mr. Sousa how much time he spends on the premises.
Mr. Sousa said that he is there about 65 hours a week and is generally there on Friday nights/
Mr. Lee said that he knows they have good managers but the Board does not tolerate these kinds of issues.
Mr. Casey said that the next time they may face a warning or a closing. He said that the City opened their business with open arms and a free liquor license.
Mr. Sousa said that he has always worked very well with the City. He said they are trying to move away from the college aged crowd. He said that he understands how serious these complaints are.
Detective Baglioni suggested the next time a patron is that intoxicated that they call the police. He said that at least the patron will be kept safe.
Mr. Biels said it has always been the policy to call the police if a situation became out of control.
Mr. Sousa said that when the restaurants were implementing the “No trespass orders” he gave out about 30 of them to cooperate with the program.
Mr. St. Pierre said that he would like to see that program in use again. He said that if Mr. Sousa works with the Board than the Board will work with him.
Srgt. Rocheville did say that in all fairness, it has been the same person complaining. He said that this person was at one time a regular patron at the establishment and then something happened and the complaints started from this individual.
Mr. St. Pierre told Mr. Sousa to abide by what is currently on the license until it is amended so that there is not a problem. He said that there is no further discussion at this time.
Old/New
Business: *Old
Lodging house regulations went out to all license holders. In error it was mailed to Mr. Pabich who is very upset about the regulations. There are also some questions about kitchens and kitchenettes at 179 Boston Street that Ms. Pagliaro has to talk to Tom St. Pierre about and the number of Lodgers per room.
*Old
Regarding Street Performers
Ms. Rennard said that the Legal and Licensing Department have been doing some research on this issue. She said that a lot of states have challenged the rules and regulations because of 1st amendment right and it came down to service rather than singing, dancing, or acting. It seems to be a constitutional issue. She said we will continue to look at regs and laws and probably lower fee ad well from what was originally discussed. She said we can however limit the areas where people are performing, the time, place and manner.
Mr. St. Pierre said to continue to work on it and it will be taken up again at the next meeting.
Approved: Minutes from 5/14/2012 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all are in favor and the motion carried.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: June 6, 2012
Approved: June 11, 2012
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