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March 11, 2013
MINUTES OF THE MEETING OF SALEM LICENSING BOARD
MARCH 11, 2013

The Salem Licensing Board held a meeting on Monday, March 11, 2013 at 6:00 p.m. in the third floor conference room, at City Hall Annex, 120 Washington Street.  In attendance were members John Casey and Rick Lee. Chairman St. Pierre was absent.  Also in attendance were City Solicitor Elizabeth Rennard and Detective Sargent James Page.

  • St. John the Baptist Parish- two One Day Special Liquor Licenses. The Board heard from Marilyn Costa of St. John the Baptist Parish on their applications for two One Day Special Liquor License for March16, 2013 and April 6, 2013. Both events will be held at the function hall at St. John the Baptist Parish, 28 St. Peter Street.  The first event is a fundraiser for Boy Scout Troop 88, they expect 125 to 200 people and have a TIPS certified server.  The second event is a Spring Dance fundraiser for the Polish language school and they expect 150 people.  Mr. Lee made a motion to approve the application for a one day license for St John’s on March 16, 2013 with all standard requirements for one day license and to waive the fee for this non-profit.  Mr. Casey seconded the motion and the motion carried.  Mr. Lee made a motion to approve the application for a one day license for St John’s on April 6, 2013 with all standard requirements for one day license and to waive the fee for this non-profit.  Mr. Casey seconded the motion and the motion carried.  
  • The First Church - One Day Special Liquor License. The Board reviewed an application for a One Day Special Liquor License for April 10, 2013 submitted by Jody T. Smith, The First Church, 316 Essex Street, for the Adams Lecture and Reception from 7:30 pm to 10:30pm.  Solicitor Rennard informed the Board that the application was in order and that Ms. Smith was unable to attend due to a recent injury.  Mr. Lee made a motion to approve the application for a one day license for the First Church on April 10, 2013 with all standard requirements for one day license and to waive the fee for this non-profit.  Mr. Casey seconded the motion and the motion carried.  
  • Hamilton Hall - One Day Special Liquor License. The Board reviewed an application submitted by Anne Busteed from Hamilton Hall for a wedding reception on March 30, 2013 from 4:30 to 10 pm.  This item was not posted on the agenda so the Board heard from Ms. Busteed, but informed her that the Board would post the item on the next agenda and would confirm any vote at its next meeting to comply with the open meeting law.  Ms. Busteed stated the event would be for 160 people, Lantern Hill Catering would be serving the alcohol and they are TIPs certified.  Mr. Lee made a motion to approve the application for a one day license for Hamilton Hall on March 30, 2013 with all standard requirements for one day licenses.  Mr. Casey seconded the motion and the motion carried.  
  • 43 Boston Street - Lodging House License Application. The Board heard an application for Lodging House License from Mr. Gains and Paul Dacy, 43 Boston Street Trust, for a license to operate 43 Boston Street as a lodging house.  
Mr. Casey asked if renovations were planned and Mr. Dacy responded that he expects so, but not sure yet.  Mr. Dacy stated he planned to run the house as he has recently at 179 Boston Street with a live-in manager.  He is paying $675,000.00 for the property with 21 units.
Mr. Lee commended Mr. Dacy on turning around the management of 179 Boston Street and recalled telling Mr. Dacy he would support an application from him for 43 Boston if things went well at 179 and they have.
Mr. Lee made a motion to approve the lodging house license for 43 Boston Street.  Mr. Casey seconded the motion and the motion carried.  
  • Brisas del Caribe Violation Hearing. Brisas del Caribe, 90-101 Lafayette Street, was called before the Board to answer to complaints filed by Detective Sargent Page of violations of the M.G.L. for allowing an employee and customer on the premise after hours, serving alcohol after hours and allowing an illegal activity on the property.  The complaint alleged that Brisas del Caribe violated their Liquor license, including Massachusetts General Law c. 138 s. 12 regarding hours of sale of alcohol and 204 CMR 2.05 (2) which provides that “no Licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licenses premises. The licensee shall be responsible therefore.”
Detective Page opened the hearing and stated that the incident that gave way to his complaints took place on the licensed premises at 2:51 am on January 13, 2013.  He examined one witness, Police Officer Roberson Troncoso.  The officer testified that he has worked for the Police for more than four years and has experience and training in field sobriety.  He stated he was on patrol midnight to 8am in the Point Neighborhood with officer Tucker when he was dispatched to the licensed premises because of a 911 open line call (someone called 911 but did not talk). When he arrived, he heard screaming from inside.  He knocked on the door and announced police presence.  He continued to bang on the door and believes they heard him.  He attempted to knock door down, but was unsuccessful.  Four other police officers arrived on scene and they had to call the fire department to get door open.  Yelling continued.  When they entered, they found Rosa Hernandez and Arias Adriano inside.  Adriano was, in officer Troncoso’s opinion, extremely inebriated and when the officer attempted to put him in cuffs, he resisted arrest.  He stated it took three officers to restrain Adriano and he was placed under arrest.  Ms. Hernandez was bleeding, having a cut lip and nose.  The phone used to call 911 was on the floor.  Both Engine 3 and Atlantic Ambulance responded.  Photos were taken, there were 2 open beer bottles on the bar.  Det. Page offered them as ex. 1 and 1A.    Det. Page also offered ex. 2, a run report from Salem Fire showing ambulance all as well.  Hernandez refused medical attention and was allowed to lock up and go home.  The officer stated that all five cruisers on the shift were called to this location which took them 45 minutes to conclude.
Lucy Corchado, acting as a translator, elicited testimony from Adriano and Hernandez from Board’s questions.  They reported they were having an argument and having a few drinks.  They said they did not hear the police outside and opened the door, not the fire department. Adriano said that Hernandez ripped   his shirt and he was holding her back.  Adriano said he did not resist arrest, but was only trying to prevent his face from hitting the floor when he was pushed by the officers.  Officer Troncoso said that the officers had their guns drawn and he refused to get on ground.  He said the orders in English and Spanish.   

Det. Page read his complaints into the record and entered them and police reports as exhibits.  He said that Adriano is a customer who was on premises after hours and consuming alcohol and this was allowed by license holder.  License holder was also consuming alcohol on premises after hours and she allowed an assault and battery to happen on premises after hours. Det. Page added that as a result, all resources of the Police Department were dispatched to the premises.

Mr. Adriano said his name is on the Board of Health records as manager and they haven’t had a violation before.  Mr. Casey responded that there are six violations here and it involved the whole Police department.

Ms. Corchuado spoke as a neighborhood organization president and said they do not have issues with this establishment and when they had noise complaints, they were promptly addressed.  They have 18 years in business and want to work with the Board.

After hearing the evidence and reviewing the documents presented into evidence, the Board, motion by Mr. Lee and seconded by Mr. Casey, to adopt the complaint and accompanying reports and exhibits, and found the following facts and issued for discipline for each violation:

  • Finding: On Sunday, January 13, 2013, Brisas del Caribe allowed an employee on the premises after hours, 2:51 a.m. (Rosa Hernandez).  Discipline:  Verbal warning that employees must be off premises by 2:00 a.m.
  • Finding: On Sunday, January 13, 2013, Brisas del Caribe allowed a customer on the premises after hours, 2:51 a.m. (Arias Adriano).  Discipline:  Written warning: Customers must be off premises by 1:00 a.m.
  • Finding: On Sunday, January 13, 2013, Brisas del Caribe allowed a customer to consume alcohol the premises after hours, 2:51 a.m. (Arias Adriano).  Discipline:  One (1) day suspension held in abeyance for six months pending finding of further violation(s).
  • Finding: On Sunday, January 13, 2013, Brisas del Caribe allowed a) an employee to consume alcohol the premises after hours, 2:51 a.m.  (Rosa Hernandez); b) an illegality on the premises, to wit: Domestic Assault and Battery, a violation of Massachusetts General Law c265, s13; c) an illegality on the premises, to wit: Resisting Arrest, a violation of Massachusetts General Law c268, s32B.  Discipline:  A total of three (3) days suspension shall be served, which includes the one (1) day held in abeyance, on March 25, 26, and 27, 2013.
  • Mattera’s Restaurant Update.  The Board requested Justin and Matt Matera appear before the Board to discuss the status of their renovations to Mattera’s Restaurant, 72 Wharf Street and for an update on the status of their Seasonal Liquor license.  Matt Mattera informed the Board that they are working with the Building Department to finish construction, including a vent, in April, 2013.  He added that they intend to be a full-service restaurant and not just a sandwich shop, a concern raised by Mr. Casey.  Mr. Casey informed the men that the Board requires all departments on the routing slip to have signed off before their license to serve alcohol can be issued.  Mr. Casey informed them also that the Board expects them to return to their second meeting in April to finalize matters before they can receive a license.  Matt Matera mentioned that they would also be requesting a name change at a future meeting.     
  • Class 1, 2 & 3 Auto Dealer License Board Approval Procedure.  Solicitor Rennard informed the Board that the practice of requiring public hearings for applications for Class 1 and Class 2 licenses was inconsistent with Mass. General Law as such a hearing is only required for a Class 3.  She also informed the Board the requirements the Board must establish when issuing auto dealer licenses.  They are the following which she requested be added to the Board’s application form:  Massachusetts General Law requires the Licensing Board to determine that the applicant for an auto dealer licenses is [1]  a proper person to engage in the business specified in [M.G.L. c. 140 § 58], [2] that said business is or will be his principal business, and [3] that he has available a place of business suitable for the purpose. In addition, the applicant must show, "that such dealer maintains or demonstrates access to repair facilities sufficient to enable him to satisfy the warranty repair obligations imposed by section 7N1/4 of chapter 90.  Mr. Lee made a motion to adopt Solicitor Rennard’s recommendation.  Mr. Casey seconded and the motion carried.
  • The meeting adjourned at 7:40 pm.  
Respectfully submitted,

Elizabeth Rennard