good morning we're just going to give a moment to clear the waiting room and make sure folks have connected to audio and that they can hear us good morning good morning thank you for joining us as a reminder to all who are with us this morning please do remain on mute unless or until uh you are appearing or testifying before the board good morning this is a hearing before the licensing board for the city of Boston today is Tuesday March 26 2024 today's hearing is being held pursuant to Temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and we be posted to the city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce good morning thank you Danny my name is Kathleen Joyce I'm chair of the Boston licensing board and today I'm also joined by commissioner Liam curan and commissioner Kiana Saxon thank you please ensure that your audio and visuals are working properly I will call each item in the order that it appears on this morning's agenda I will ask who is present on behalf of the LC e who is present on behalf of the aost police department and whether there are any other individuals with firsthand knowledge of the alleged incident who wish to testify I will then swear in all parties after that the police report will be read into the record and the leny or their representative will have the opportunity to make a brief statement followed by questions by the chair and Commissioners all testimony will be limited only to those individuals with firsthand personal knowledge of the alleged incident begin with the first item on this morning's agenda calling item number one Bosworth Place Inc doing business as Beantown Pub located at 100 Tremont Street dated the incident August 3rd 2023 assault and battery employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny good morning uh my name is Dominic jasi I'm a manager at the beant Tom Pub and I'm joined by uh Sharon Walsh who's the manager Roger zy who is the general manager and Fred theogene who is a manager as well and has firsthand information thank you thank you and who is present on behalf of the Boston Police Department detective James Walsh thank you detective are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning right can all those who wish to testify please raise your right hand thank you Mr dvas I don't I don't see the other individuals you mentioned I'm here I just can't get the picture up for some reason oh there we go my video there we go thank you very much once again uh if all those who plantify could please raise your right hand thank you do you swear to tell the truth the whole truth and nothing but the truth I do yes thank you detective BOS if you could please read the police report into the record for us about 1:45 a.m. on Thursday August 3rd 2023 officer Mahia in the alpha 436 responded to a radio call for an assault and battery in progress at the Beantown Pub 100 tremon Street Boston officer roko was also on scene on arrival officer fromia met with the victim Sophia Pereira and witness somto cherel onubogu outside of the pub Pereira stated she and onu onu bogu were inside the pub when they asked to use the restroom Pereira stated a bartender told her she could but the manager Fred theogene told her she couldn't Pereira stated after going back and forth with theagene about the restroom he finally allowed her to use it Herrera stated she then got up and walked past the Eugene towards the restroom when her arm brushed against his stomach herera stated she then heard someone yell quote hey but didn't think it was to her Pereira stated theogene then grabbed her right arm spun her around put his hand on the small of her back and pushed her toward the pub exit Pereira stated she was not drunk and believes her sadness for a personal issue she's dealing with was mistaken for intoxication Perera stated her arm was hurting but declined EMS officer Roa spoke with the aene who stated Pereira appeared to be drunk at the bar and kept saying quote I'm Ill the aene stated Pereira was given water and when when she asked to use the restroom he told her to use the restroom at the hotel next door since the pub was closing the aene stated as periro was walking past him she bumped into him and elbowed him theogene then stated he then decided she would not be allowed to use the [Music] we're entirely I wonder if uh if you actually turn off your video if we might be able to hear you better certainly we try again yeah can you hear me now we can no yes we can hear you you can hear me okay so um so perfect all right so this whole incident was caught on video and so um what I'm about to uh Relay can all be documented by the video we have a couple different angles it's kind of cumbersome to um to watch so um but we can provide them if necessary um shortly before last call both miss onu and miss Pereira came in to the the um it was about 1:18 a.m. um they were given water they they did not have anything any alcohol whatsoever as a matter of fact U Miss Pereira had nothing to drink at all I'm sorry Miss unu had nothing to drink at all Miss Pereira had a water um Miss un Bou retrieved something small from her bag went to the bathroom and Miss uh Pereira was um remained at the table as soon as her friend left the table um M Perera went face down down on the table for about 3 minutes and um you know she popped the head up but like looking around but was fake down on the table for about 3 minutes when her friend returned um the dining area had cleared out because everyone was leaving it was a a late Wednesday night and um Mr theogene approached them and said listen that you know last call is done they hadn't ordered anything or drank anything and that they had to leave um Miss Pereira the the alleged victim couldn't even communicate she was standing back and her friend was communicating to Mr theogene Mr theogene finally relented and said okay you can use the restro and um and he allowed her to use the restro but rather than walk around him she brushed by him and gave him like a quick little brush with with the elbow and then Mr the aene said you know this isn't worth it this is a busy time of night it's closing time I'm getting people out I can't have somebody who's just face down face down walking around the premises so he went he walked down the aisle about two or three feet behind her and was yelling hey hey hey so loud that everyone at the bar turned and looked you can see it on the cameras everyone looked it was obviously a loud enough thing Miss Pereira um ignored him continued to walk Mr theogene tapped her like with his index finger on the shoulder and then got in front of her and say listen you can't use the bathroom you have to leave um used the bathroom at at the hotel and then miss Pereira walked about five or six feet and then sat down on a stool and ref and refused to move and so Mr theine stood there beside her you know uh telling her that she had a leave she finally got up Mr theine did not touch her was not touching her um as the es she left on her own and then um I think her friend may have called the police um like the following day or the following week or something like that we we we took the film just in case and there was nothing there there was no there was no incident there was merely an interaction and um and that was it until we heard about this hearing and and that's uh where we at today and Mr the's here I mean you can ask him questions certainly but but we do have this video that will document everything that I just said Thank you are there any other members of the team Mr theogene Miss Walsh that you would like to add before we move to questions from the board that [Music] perfect and like um um mras he said we do have the video It's just in like four different parts with her moving around the bar so um but we do have it thank you with that we will move to see if there are any questions from the board uh beginning with chair Roman Joyce thank you I have no questions at this time Comm M curen uh just that I would like to review the video so if you could submit it commissioner Saxon no questions for me thank you thank you if you could please uh provide that video you can either send it via email to licensing board boston.gov or you can drop it off in hard copy on a flash drive to our office uh which is room 809 in city hall with that the board the board will take this matter under advisement thank you thank you calling item number doorchester Tavern LLC doing business as dot Tavern located at 840 doorchester AB in Dorchester date of the incident to June 10th 2023 assault and battery in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy uh good morning thank you attorney dream Madam chair members of the board Carol and Conway 350 West Broadway on behalf of the ly I have with me today the owner and manager Mr Doug George and also Megan Driscoll who was uh an employee in the person in charge on that evening thank you very much yes and I see both Mr George and M Driscoll thank you who is present on behalf of the Boston Police Department um don't appear the officer is present of Sergeant crbs so Lieutenant detective Troy thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning thank you can you all please raise your right hand Megan that would be you yes thank you and Mr George as well thank you do you swear to tell the truth the whole truth and nothing but the truth thank you lieutenant detective Troy if you could please read the police report into the record for us uh reading by from a police report written by Officer Zachary kinsky it reads as follows on 122 at about 1202 on Saturday June 10th 2023 officer kinsky and Lopez responded to a radio call for an assault and battery at 840 doorer Avenue doorchester on arrival officers were met by the victim uh Miss Victoria bodri along with her sister and multiple friends outside the dot Tavern officers observed that Miss Miss bodri had a last laceration beneath her left eye as well as notable swelling Miss bodri declined EMS when officers asked what happened to miss bodri and her friends stated that there was a fight inside the bar amongst patrons and members of the bar staff Miss bodry stated that she was uh at the bar with her boyfriend and friends when an altercation broke out between her boyfriend and another patron of the bar Miss bodri then got involved by trying to break in trying to break up the fight at this point point the fight had uh turned into a brawl and staff made efforts to get all involved in the fight out of the bar at this point the suspect Megan Driscoll and the victim got involved in an altercation with one another staff were able to get Miss bodri and her friends to exit The Establishment and wait uh for the arrival of police officer spoke with the witness Miss car carlosa uh and were informed by miss carlosa that the fight occurred inside or near the door of the tavern and that it started with two patrons fighting and Miss bod attempting to break it up and then a brawl ensued Miss carlosa stated that after the fight CM down Miss bodry and the rest of her party had left the tavern and gone outside officers also spoke to another witness um Miss Gangi who's uh lives across the street from the tavern Miss ganji stated that she heard a commotion outside and came to make sure that everything was okay the do Tavern was issued a licensed premise violation by Sergeant Krab who also responded and assisted officers requested Boston Ms to evaluate Miss bodri and no ambul no ambulances were available at this time she was transported by Officer Lopez to uh her address at her request that's the extent of the um police report thank you lieutenant detective Troy attorney con would you like to address the alleged incident yes um if I may first lieutenant detective Troy does the um violation indicate that the license he was cooperative in this case um yes it does okay um Miss Driscoll would you state your first name and last name for the record please uh Megan Driscoll and you're employed by the dot Tavern yes and on the incident of the night in question you were the person in charge yes can you describe for the board the security that was on that night at the front door and throughout the premises uh we have a doorman and then floating security staff and then I also oversee the whole operation and is it generally a fair statement to say that you know the most of the customers that come into the tavern yeah most of the customers almost all of them are from the area or Savin Hill okay and did you know these particular people that that evening no can you describe to the board what happened with respect to this altercation um there was a few people on an altercation by the front door I went over to sort of break it up got who we needed to get out out and then um I saw that they already had called the cops so I didn't bother calling the police because I didn't want to hit them with a double okay but were you involved in the altercation at all um no you were just assist I just trying to assist stopping it and getting them outside of the door okay and have you seen these people since that night of the altercation no and can you tell us what if any U measures you've taken since June of last year with respect to the security and the operation of the premises um all the bartenders have been made aware that if something like this does happen again that they to call the police immediately um we have cameras that have been installed and I also have an extra door man on every night and the staff has been trained in scenarios like this as well okay and we've had no incident since last year no incident since I have nothing further Bo thank you we'll see if there are any questions from the board chairman Joyce any questions thank you um I don't have any questions this time commissioner C any questions no thank you commissioner Saxon none from me thank you thank you the board will take this matter under advisement as well thank you very much calling item number three croak Park Inc doing business as croak Park located at 268 West Broadway in South Boston date of the incident July 30th 2023 assault and battery employee on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny Daniel Kelly thank you Mr Kelly who is present on behalf of the Boston Police Department officer Michael Kelly thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning no um I see uh Sergeant crab here I think he's um he's on mute am I un mute oh maybe sorry sorry board um yeah Sergeant David crab with Boston police thank you very much uh can you all please raise your right hand thank you do you to tell the truth the whole truth and nothing but the truth I do do thank you uh who will be reading the police report for the record I have a copy of the report here I can read the report thank you officer Kelly you may please proceed about 12:51 on Sunday 7:30 2023 offices Kelly and Joyce in the fox 102 Alpha responded to a radio call for a fight at 268 West Broadway croak Park prior to arrival officers were notified by Channel 6 dispatch that there was a Hispanic male wearing a red shirt in his 30s trying to fight everyone upon arrival officers observed a male match in the suspect's description leaning on the hood of the car outside of 268 West Broadway officer spoke to the male the suspect Christian Gonzalez Sanchez who stated he was punched in the face and he was really mad the suspect initially requested EMS officers observed on the suspect's chin the suspect smelled like alcohol and appeared to be extremely intoxicated after initially requesting EMS the suspect declined EMS and asked officers for a ride home officers spoke to the bar manager Daniel Kelly who stated the suspect had been asked to leave the bar for trying to start a fight Kelly said the suspect initially left but returned and tried to push his way through the door Kelly stated the suspect being fling around screaming and trying to fight other patrons and people on the street Fox 912 Sergeant Krab arrived unseen and issued cro Park a license permit violation citation number 0753 n officers gave the suspect a ride home to his mother's house at 193 West 9th Street South Boston body one cameras are activated thank you officer Kelly uh Mr Kelly would you like to address the alleged incident absolutely good morning members of the board uh I'll tell you the best I can what happened so we a young man it was quite and he Mr Kelly we we've kind of lost the ability to hear your just now um you were okay when you started I know if you can move closer to your microphone okay sorry about that that's better so what happened was for some reason the young man seemed to flip out at nobody in particular and it sounded like he was kind of more arguing with himself than anybody else he didn't have anybody that he had an issue with so I know uh get on fairly good with him and I said you got to go home this not whatever you know what I mean you which he did he went out and he got into his car and he got back out of his car and he ran towards two people who were outside smoking and uh screaming and roaring at them that made no sense I told them to come in so I didn't call the police immediately because like I've said before it's the one question I hate being asked by the board why didn't you call the police I promised I would never make that mistake again I called the police immediately and give a description Mr Kelly we we've lost you again sorry about that thank you no we we can't hear you again can you hear me yes we can hear you now all right so he got into his car and I was saying that was fine but he jumped out of his car and he tried to force his way back into the bar again and uh I stopped him by put my arm in his face so he did that three more times the same routine got into his car got back out of his car tried to charge his way in while the police were coming so when the police came uh it went down the exact way the police officer said it did and they gave him a ride home and the odd thing about it was that he was showing bizarre behavior but at the same time he was smart enough not to mention that he his care there they brought him home few minutes later he came back back for his care and drove away and uh that's the last time I saw him and the other thing I want to correct is it suggests that I'm between uh 50 and 60 I appreciate that officer Kelly but I'm 67 and uh that's about it I have no bad feeling towards him and I don't believe he has any bad feeling towards me what happened was when the police officer said what happened to your face he pointed at me you know he said he which I was the only one that he had physical contact with and I wasn't going to let him back in to harass the people so at the risk of sounding conceited I actually think I did everything as good as I could have done under the circumstances this time at least I thank you Mr Kelly we will see if there are any questions from the board at this time Cher any questions thank you Mr Kelly yes you did the right thing by calling the police we appreciate that just a question for you um how long was he here absolutely yeah how long um not too long and he actually is not much of a drinker that's the other thing but I'm not sure I think that that he either had some kind of a mental breakdown or that he might have taken something other than alcohol but I don't know that any of that for sure but that would be a possibility to think about okay thank you I don't have any other questions thank you so much commissioner K any questions not for me thank you commissioner Saxon no questions thank you thank you the board will take this matter under advisement as well thank you for your service offices thank you calling item number four Earl's Restaurant Boston Mass Inc doing business as Earl's Kitchen and Bar located at 800 Boon Street dat the in October 4th 2023 assault and battery employee on employee in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy good morning attorney Trish fonsworth uh with Lawson and whiton uh good morning attorney green Kathleen Joyce and uh Commissioners uh and with me is Lynn McDonald the uh Regional director of operations for Earls restaurants thank you very much uh good morning I do see Miss McDonald on the screen who is present on behalf of the Boston Police Department uh detective fencer thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning thank you can you both please raise your right hand do you uh your do you swear to tell the truth the whole truth and nothing but the truth I do yes I do thank you detective fencer if you could please read the police report into the record for us yes on October 2023 officer O'Donald in the Delta Delta 96f while assigned to the front desk at D4 took a walk-in ambb report from Mr Brian Valas with the assistance of Officer ban translating the victim who was employed at Earl's Kitchen in the P credential center located at 800 boilson Street was the victim of an assault by a coworker the victim stated that a person known to him as Wilmer Miranda a 45 to 50y old Hispanic male started taunting him and then pushed him the victim pushed the suspect back and he was punched in the forehead and mouth the victim then punched the suspect in the left shoulder before being separated by other co-workers the suspect accused the victim of being under the influence of drugs and alcohol and threatened to have him deported the victim went home after the incident the suspect could not be found after a check of Mach 43 and sieges at about 725 pm on 105 2023 detective fencer in the Delta 801 along with Detective Gorman in the Delta 843 responded to Earl's Kitchen and Bar located at 800 Boon Street and issued license premise inspection notice 026 498 for an assault and battery employee on employee that is the end of this report thank you detective fencer attorney fsw worth would you like to address the alleged incident yes um a few questions for detective fencer please um Detective When You delivered the um the notice of violation the following day was management Cooperative they were okay and then I understand you didn't take the interview um that officer O'Donnell did but um it's true that there was no apparent injury um listed in the in the violation incident report no there was not and there's no complaint or by um Mr Valle has that he was you know suffered physical injury correct that's correct okay great um then I just have a few questions for um Lynn McDonald if I may you may um Lynn can you just state your name for the record please yeah good morning my name is Lynn McDonald and your title position Regional director of operations for the Atlantic region okay um can you just describe um who Brian valus is and William Miranda are what their roles are um at at ear's restaurant yes so both Brian and it's pronounced WHL um both well one of them previously worked for us uh they work on our prep team so they work with the team that ranges from 6: to 12: in the morning um and they work anytime from 6: PM till about 300 p.m. depending on the day okay so they are located in the in the kitchen area in the line correct yes and this incident um happened on Saturday September 30th at 10:30 a.m. is that correct yes okay the the um police report was taken on October 4th which is the following Wednesday um but can you just describe what um well was there an altercation in the um in the kitchen area between these two yes there was so what had happened was Brian who is the victim had put his white towel on whl's station which is where he preps his food um and WL was unhappy about it and then said a few words to him and then WL put his hands on him and then punched him so following that our suf which is our management team stepped in to break up the fight and immediately re we removed both the employees from the building at that time our head chef that was working checked in with the entire team to make sure everyone was okay okay and no one was in danger and then following that myself and my regional chef of operations was notified um and then we started an investigation so at Earls we have something called a respectful workplace policy um and one of broken policies uh is violence um so from violence because there was physical contact of an aggressive nature we filed an investigation so what that entailed was Graham and our head chef interviewed the witnesses that were there that day so that we could get a full picture of what had happened um to ensure the stories aligned so we had asked both the employees not to come back in the building until the investigation was wrapped up so that we could take our findings and then move forward with the best decision um for our employees to make sure they have a safe space to work in so following that what came out of this was whel was terminated from Earls and Brian still works with us today at our location in the credential Center but um Brian um received some discipline because he also you know participated in the altercation correct so Brian wasn't allowed back in the building um and there was a span of 10 days that he was suspended from work and then we brought him back onto the team and reset expectations with her so that's that's all the questions I have um if you have questions for us thank you attorney cworth we will see if there are any questions uh chair ran Joyce thank you I have no questions you commissioner Karan um maybe more in the way of future uh reaction to something like this would you in the future uh just notify the police that something had happened yeah so we had a meeting with our management team letting them know after like if anything were to happen with a patron or guest and an employee we would right away so this is the first time we've ever seen this so we did up with a a meeting directly following which actually happened on the Sunday with the entire management team in the kitchen but also the front of H house okay I would just advise for the future this might be a you know a time where you call the police Ju Just just to cover yourselves with us so absolutely thank you thank you thank you commissioner Saxon any questions no questions thank you thank you with that the board will take this matter under advisement as well thank you thank you calling item number five Korean Fusion Inc doing business as koi located at 16 to1 18 North Street date of the incident October 28 2023 overcrowding 129 mechanical count capacity 52 in violation of Mass general laws chapter 138 section 64 and Boards rule 1.03 J and 1.06 a and F who is present on behalf of the license premise Joan da general manager current sitting thank you who is present on behalf of the Boston Police Department sge detective William gallager Ed Hernandez needed thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning no thank you can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I do I take thank you Sergeant detective gagher if you could please proceed with the police report yes good morning on 10:28 2023 at 9:45 pm s detective William Galler detective Eddie Hernandez along with Boston fire department nightclub inspectors firefighters Peter Ryan and Ryan Cox conducted a license premise inspection of koi at 16 North Street as detectives enter the premise they observed a line waiting to enter detectives inquired with the door man as head of the line as to the count in the capacity of the premise dman replied to detectives that had a capacity of 95 and his count was 98 detectives informed the door man to hold the missions while they conducted their own count detective Hernandez conducted a mechanical count which resulted in 129 persons being counted Sergeant tactive Gallagher relayed those numbers for the person charge Miss Katarina Chang Boston fire department inspectors inform this Shing that she needed to clear the establishment of patrons and conduct a new count of the staff and those patrons who were dining allowed to remain inside at that time she could reopen Koy to the poster capacity of 52 as a result was discovered Sergeant Galla issued a license premise inspection notice number 059 281 to Koy for overcrowding 129 found a mechanical count house count of 98 capacity of 52 Miss karat signed for and accepted the notice detectiv remained on scene till after the premise was cleared by staff and allowed to re open the effects thank you Miss da would you like to address the alleged incident um during 1028 it was a Halloween weekend and unfortunately there was a bunch of Pub crawls that were currently in place um from my knowledge unfortunately it was a situation where the counter may have been broken we were abiding by A5 um capacity that was a clerical issue that I believe the manager on duty Cina Chang had spoken to the um abcc and the Fire Marshals about we understand that it is a violation on our part and have worked very hard towards the our recent Pub crawls over the St Patty day weekends to abide by the 52 capacity strictly thank you anything further before we move to questions from the board okay uh with that chairman joce any questions I do have some questions I'm just confused um you what was abcc um thing you were talking about so um for years now we have been it was a clerical issue on the licenses with ISD where we have a standing capacity and approved for our standing capacity of 115 we understand that regardless we are in violation on that night of a 129 mechanical count and our legal team is currently um fighting is on mediating and fixing this standing capacity issue okay uh so it's also come to my attention uh you don't have we don't have a copy of your ISD in your um place of assembly so we need that you need to work on that immediately or your license premise could be closed down your license was issued without us receiving a copy of the ISD in the place of assembly um and where where is this 115 number coming from this was a clerical issue from years um past we were just approved from it I believe that we've um we tried to fix this it's just a long winded process I believe can you can you uh follow up with us you know it doesn't make any sense to us with our documents and our records about the 115 we don't have 115 on anything I understand that it's it's um all of our licenses upon review say 52 right so if we um until we have that straightened out you should abide by 52 um but this should be the most important thing you're working on right now because right now you're nothing's up to date and we will um revisit this and possibly we might have to shut you down until you get it straightened out we will shut you down until you get it straightened out so yes ma' thank you commissioner Kar any questions it's just unclear um do you have an assembly permit from Boston fire department yes and the number on that is 52 as well 52 as well okay yep thank you commissioner Saxon any questions no questions thank you thank you will take this under advisement as well thank you calling item number six Alon silhouette Lounge LLC doing business as silhouette Lounge located at 200 Brighton a in Alon date of the incident January 18th 2024 expired CV entertainment and billiards licenses in violation of Mass general laws chapter 138 section 64 no posted ISD or BFD permits in violation of Mass general laws chapter 138 section 64 and Boards rule 1.02 B and persons under 21 in possession of alcohol in violation of Mass general laws chapter 138 Section 3 4 a 34C and 64 64a who's present on behalf of the LC C uh good morning Michael Floyd here representing the LC Z and with me is the GM Sarah leap great thank you very much who is present on behalf of the Boston Police Department am detective Hernandez thank you are there any other individuals with firsthand knowledge of the incident who wish to testify this morning Sant tective Gallagher if need be thank you can you all please raise your right hand do you sp to tell the truth the whole truth and nothing but the truth I do I do thank you detective Hernandez if you could please read the police report to the record for us good morning I'm a reading from police report which I wrote on Thursday January 18th 20124 Char detective will gallager detective Ed Hernandez signed of the BPD license premise unit conduct a license Su premise inspection of silhouette Lounge upon reviewing the licenses certificates and permits of the establishment detective there was there was no inspectional service certificate posted no current Comm wish license posted uh no current city of Boston detainment license posted no current B billage license posted and no Boston fire police department place of assembly permit posted as detectives walked into the establishment detectives observed five patrons drinking alcoholic beverages detective noticed these patrons looked young and asking to produce identification to confirm their ages patrons stated they were under 21 years of age provided detectives with their driver's licenses they also provided the fraudulent driver lies they had used to obtain the beverages the following patrons were positively identified Miss Sonia press did have in her possession of valid California driver's license belonging to Olivia Roth her true valid New York driver's license displayed her correct date of birth of 724 2004 Miss Luchia LEL did have in her possession a fra in Pennsylvania Driver License in the name of mar Margaret m her true valid Vermont driver's license displayed her correct date of birth of 629 2004 Mr Brian Black produced a Maryland driver's license stating his date of birth was 1121 2004 detectives were able to confirm driver's license was Frant fraen driv was confiscated by detectives Mr Black then produced his Val his true valid Mass driver's license which confirmed his actual date of birth of 1121 2003 Mr Nicole Eisen stad produced a uh Maryland drivers license stating her date of birth was 1014 2001 um she then provided a true valid New York driver's license that confirmed her actual date of birth was 1014 2003 Miss Gwen Tori produced a South Carolina driver's license the date of birth of 21201 the true South Carolina driver's license confirmed through actual date of birth of 21 2004 all five individuals were summoned to the cor for persons under 21, of alcohol false misuse of an R&B document Miss Roth provided uh her driver's license to miss PR um she will be summoned into court for assisting person uh under 21 to purchase alcohol detectives brought these matters to the attention of the person in charge M leave as a result of what detectives observed s detective Gallagher issued license for inspection 01883 for no ISD certificate posted no current um entertainment license posted no current bage license posted no BFD Place assembly permit posted no current common vition license posted and persons at 21 po of alcohol on premise Mr leap signed for an accepted the notice that's all thank you attorney Ford would you like to address the alleged incident uh just one question detective Hernandez was lensey cooperative very sure very Coop all right thank you so much I have no no further uh questions before I call Miss lead just with respect to the licenses and the Cs um they're all posted now they're up uh there was an error the silhouette is uh has its supervising group there multiple uh bars and restaurants uh so they were there they should have been up it was a it was a mistake I don't know if the board wants photo copies of those or what's the board's pleasure on that just make sure that they're posted okay we will we we will all right as with respect to everything else I just have a very brief um direct of Miss Lee Miss Lee are you here yes I am all right would you introduce yourself to the board hi I'm Sarah Le I'm the general manager of the silhouette Lounge in Austin and I just draw your attention to January 18th of this year were you working yes I was and there was a police officer inspection correct yep and they determined they saw there was U fake IDs one real that didn't match up is that fair to say that's right all right and when you when you looked at them um did you believe did you have reason to believe that your dual man would have would have thought that they were authentic yeah they were they were pretty um they're good looking at the hologram on them um they matched all the other things they were at a state however valid but I did ask um the detectives there I them after they confiscate them just to see what we were working with and they were pretty good fake ideas but not withstanding you worked with the police uh while they were at the table of course of course and you know as a result of that this was a mistake right one one kind of absolutely absolutely it was a mistake the doorman who let them in um has been he was given a few days off couple weeks off um he's been retrained personally and the staff has been retrained and the specific specific IDs know out of state IDs that type of thing have been posted so and I I don't know if maybe you had said it when the cut out um will the uh will The Establishment be acquiring uh scanners yes yes we will we are researching them right now we've had some problems with our internet and Wi-Fi connectivity um but I did uh request detective Hernandez's sorry about that um business card when he where he left so that I heard F the potential scanning devices by him Miss Le your audio keeps going in and out I don't know you can I'm sorry about that let me see if I can turn the picture off does that help at all uh it seems to much better okay all right so you're you're working with Detective Hernandez find out what's the best scanner to use is that fair to say yes and then I just want to talk about outer State IDs uh you talked about retraining of staff and the and the dmen um what will you be doing if a perspective Patron uh presents a non-massachusetts ID that will go straight to manager that if there's a valid looking otherwise seems to checkout ID from out of state that ID has to go and get Tuesday Friday Saturday Sunday can you hear me still no we lost you for a second there I don't know why um all right I'll do it slowly let me know if you're missing anything all right we're losing you again Miss Lee um I can write it down and put it up in a sign I'm not sure it seems to be getting worse okay let me try it again would be getting worse still just continue just continue okay um I don't know what what y'all missed or didn't miss there I apologize with respect to the let's take it back to Patron come prospective Patron comes in presents out of state ID I believe you testified not trying to put words in your mouth that that goes to the manager and then what happens next and then the manager has to check for further backup for example passport or otherwise if it's yeah if they have to have other forms of ID again if it's anything questionable anybody under 25 looking under 30 looking that needs to be basically nobody's coming in unless they have their passport their military ID their Massachusetts the two forms of Massachusetts licensing okay with that I I don't have any uh F further questions for M uh leave I just put it out uh you know learning experience uh has you know adopted a policy that we believe will uh work so with that I turn it over to the board thank cherman Joyce any questions I do have some comments um four the IDS were were fraudulent and no backup was asked for but two but I think two of them were um were valid out of state were valid IDs um it appears that the doorman wasn't looking at the actual person so that's a comment the other comment is you can't rely on scanners either no that would be that's more of a Factor I'm sorry yeah let the let the the chair I apologize oh just to finish my thought the scanners as well you can't rely on an outof state ID that scans correctly so um it's good that you're putting it in place but the staff really needs to be uh diligent about this and when you're asking for backup ID I tell people uh it really should be a picture ID asking for a credit card or an expired school ID doesn't work so that's all I have thank you commissioner Kar any questions uh no questions I would just second the chair's comments thank you commissioner Saxon no questions from me thank you thank you the board will take this matter under advisement as well thank you thank you that concludes the licens permise inspection portion of this morning's hearing the remaining two items are informational hearings uh item number 7 is an informational hearing regarding 154 Maverick LLC doing business as 154 station located at 154 Maverick Street in East Boston this is an informational hearing regarding nonuse of the license in violation of Mass general laws chapter 138 section 77 and section 64 this hearing was called uh after the board acknowledged correspondence on March 7th stating that the most recent concept at the license premise had closed uh any comments uh from the chair or members of the board before we hear from the leny I'm just going to um defer to commissioner kin to take the lead on this one uh we want to obviously know what's happening with the license at this location yeah no opening comments just uh I'll wait to hear from attorney Upton thank you who is present on behalf of the leny uh good morning everyone Andrew Upton attorney for the lcy with me is John Tyler uh controlling member of the LLC and manager of record as well as corporate Council Scott Adams um if it pleases the board I'd like to give a brief uh chronology on the license and let you know where we are now and we're certainly glad to answer any questions uh before during or after yes thank you go ahead okay uh just to start out this license was granted to 154 Maverick LLC in 2015 with significant Community Support 154 Maverick LLC was the license holder from the beginning 154 Maverick LLC also owns the building uh Melissa Tyler was the original LLC manager she was not an owner of 154 ma Maverick LLC she brought in a business partner that was not approved by the city of Boston around 2017 uh in 2018 John Tyler won a superior court decision that he is the majority owner of 154 L Maverick LLC uh John Tyler then attempted to clear up the mess caused by his ex-wife with this restaurant um and built a relationship with Mr Lions who had been brought in from 2015 to 2022 the business was very popular in East Boston under John Tyler's management uh pursuant to demands from Mr Lions uh Mr Tyler tried to negotiate a uh business arrangement with Mr lions that was compliant with State and uh Boston Licensing Laws uh that effort failed and Mavericks closed in March of 2022 Tyler continued not long after uh with a concept known as the Maverick House Tavern from April 22 to September 22 um that uh iteration closed uh when he lost key staff uh he then started a negotiation with a group of East Boston front operators in October 2022 that operating group broke up during the pendency of negotiations uh reformed with one operator Mr Andres Yaro in April of 2023 uh which delayed the reopening of the restaurant uh by October 23 uh John and andrees opened the doors on a concept called station 154 uh with Yaro operating under a Consulting agreement in January of 2024 these doors closed uh due to the fact that the concept failed and did not make money uh negotiations have since started uh for a new operator uh and are in in progress for a remodel and concept change with a projected opening in September and October with a strong and experienced operator uh Mr Tyler currently has two draft Lois with what we consider to be strong potential operators one of whom already operates a popular and established Concept in Boston which has been licensed by this board and the abcc so in summary since 2015 he's had some good years he's had some bumps on the road in his business relationship but he's looking forward to putting this license to use he's actively engaged in doing that and he's looking forward to more good years with that we're glad to answer any questions or provide further information if requested thank you for that overview uh commissioner curan do you have any questions okay attorney Upton just to bring it into close Focus uh the year 2023 uh how often was the restaurant open versus closed 1 [Music] d23 I would say uh pending confirmation from Mr Tyler I would say was open and operating from 20 from o October through through the end of the year so prior to October the whole year prior to October wasn't open right those were uh negotiations with the business partners and remodeling okay and and when did it close in 2024 January January and when is the earliest it could reopen I would pending confirmation from Mr uh Mr Tyler uh he's talking about the end of the summer depending on the scope of uh any remodeling for a new operator all right um and just you know to my question to you would be is there um is there any legal impediment to the board scheduling a cancellation heing do you have any legal argument that we couldn't cancel this license uh I think precedent would show that the board typically give some leeway to operators to hold licenses for landlords to hold licenses and for people to get new tenants and with a documented show of good faith on negotiations with new parties I think that would be appropriate perod uh you know as you know under the impressos wanus and following cases once you notice revocation you still have to give the licy six months but the board has wide discretion and we're certainly work you know we recognize that and we're we're we're willing to work with you yeah that that's my question that if we from we move from informational to cancellation you know there's still a a fair amount of time and I think that we've expressed our frustration with the situation at this location and there's been a you know a lot of time that this uh location this license has really not been in use since it's been granted um I know you know there was a a dispute and a divorce and there's been efforts but I am really concerned with how little this license has been used um these licenses were issued to be operated in the neighborhood um by neighborhood operators um so you know I think that obviously on Thursday we'll have to have a discussion but uh I was just looking for your argument about you know legally uh if you had any legal objection to why we couldn't couldn't move forward on Thursday so um I just wanted to give you a chance to make your argument I I appreciate that if you're if if you're asking me if there's a legal argument against suspension modification or revocation uh I would say it's within the board's discretion um however as I've detailed the lenes goodfaith efforts uh on numerous fronts in the face of uh monstrous legal bills and legal challenges from within uh you know he has in the last 10 years he's used that license extensively and effectively and is committed to doing so in the future um if you were to notice a hearing two weeks or a month from now and then uh exercise the six-month potential for revocation that would take us well past his potential new opening date anyway so uh I think the license C is on you know fairly safe ground in terms of being able to reopen and you know commit to using this license uh but we certainly respect the board's discretion to do what it needs to do although at this time I would ask the board to consider uh the efforts and the trouble and the expense and the general uh mental stress that Mr Tyler has undergone to keep this license active and to not do that um I respect that um I just you know have another comment about I think that this board has given Mr Tyler a great deal of leeway in you know in the in the face of all of the the legal disputes and the divorce and some of the allegations that have been made about um it being operated improperly under someone else's uh beneficial interest and all that so um I think that regarding this one this license and this issue we've really gone over this several times so I think that's all I have right now um right if if I if I can just just respond to that you know and any allegations of improper operation uh I believe never resulted in any adverse action by the board or any any loss of any court case by Mr Tyler so if and when any of those occurred uh he was not at fault and has not been found at fault and continues to try to Opa in good faith okay thank you uh chairwoman Joyce do you have anything to add the only thing I want to ask is could you if it's not a problem share with the board you said this two um letters of intent with two operators two different operators or you yes I did Ne neither one is signed they are both in negotiation okay but there are two operators which we would be glad to share with the board if that's what you're asking uh we would prefer to do that on a confidential basis so not to uh you know expose potential operators in a public forum I would appreciate that just so we could take into consideration um who Mr Tyler is work looking to work with um what would potentially need to be done by the summer are we just talking about cosmetic changes or would it be like a full overhaul well it it it depends on which oper Ator ultimately is selected and you know if someone has one type of concept it could take you know additional Renovations of the kitchen space and uh you know more than just paint and paper in the in the front area it just depends on who ends up being the operating partner um and how how much their plan would take in terms of time and money but Mr Tyler has told me he's confident that either one should get in by September um and you know obviously he is the lien he is also the landlord he he has no interest in uh not using this license delaying this license not having income from this license not having income from a tenant helping him operate the license uh you know the legal fees the loss of rent the loss of income uh all mitigate towards a quick and effective transition to a new restaurant there can you any further questions from the board at this time with that the board will take this under advisement as well thank you all right thank you all very much and calling item number eight uh this is also an informational hearing leny is my and Corp doing business as Dublin Pub located at 7 to9 stoton Street in Dorchester this is an informational hearing regarding the lenes security plan as requested by the board uh at the last voting hearing on March 7th 2024 who is present on behalf of the licy uh for the licy William Gardner representing the licy with me is the manager Ali nasr thank you very much for being with us and I'll ask once again are there any uh opening remarks or questions from commissioner Karin uh chairman Joy or commissioner Saxon before we hear from the ly no opening remarks for me none for me thank you thank you attorney Gardner if you could please walk the board through the submitted security plan uh and then leave an opportunity for questions from the board uh I I assume everybody has a copy of the plan we try to um boil it down uh with the concept in mind that we have to distribute this to all of our employees and security Personnel so we wanted to make it as as focused and is uh intelligible for them as we could possibly do if nothing else this incident has uh caused us to refocus uh on on what our security procedures are and how they should be implemented and more importantly how they should be communicated to the employees and the security folks uh in addition what's not in the plan is and I think the details of the plan are pretty self-explanatory I won't walk through each point unless there's questions on them but in addition to that we've taken additional measures on uh from a security perspective to um make sure that the incident that was involved here doesn't happen again we've increased the uh the number of uh video cameras uh as you recall the video was not operating uh on the night this particular incident uh unfortunately we think um that didn't help us obviously uh it it if we were right as to what happened or what we knew happen the video could have helped us it's a problem we've addressed it we've increased the cameras there's 12 cameras spread out to see if they could cover uh more area of the license premises uh than what the uh existing video system did we've also um ordered uh some equipment electric uh electronic wanding equipment which is now going to be utilized by the security folks and uh most importantly um the management uh of the leny has has spoken with uh the uh area uh B2 uh police offices we've requested a a uh a detail seven nights a week from 9:30 to 1:30 uh at least one officer if that's possible uh there have been no promises from the B2 area at this point in time they they will accommodate us as best they can depend on on what they have for Manpower and Personnel what has happened the discussion with with with the police uh has has caused uh at least on the weekends a cruiser to show up um and park outside of the exitway around closing time which has helped move people out of there at the end of the night uh with that type of stuff uh We've one of the things in the security problem we have done we have a minimum of six people uh security wise on premises uh before I think it was the minimum was usually four we're going to go with a minimum of six and the security company that we've hired uh it's a it's a new one uh they've committed that on if it appears that we're getting busy on a particular night they can bring in more people so six is the minimum but uh we we get the message that we uh got to do a better job to cover uh the entire license premises there is so that we can anticipate problems and um keep the Boston police as informed and as all is humanly possible thank you we appreciate the the board's action in this regard thank you attorney Gardner we'll move to questions from the board uh starting with commissioner Karin thank you attorney Gardner um is I noticed there's nothing about how long video is going to be maintained after an incident and the only reason I didn't put in there commissioner car is because I didn't know at the time um how long did maintain the video while the video how long do you keep it um I think it's seven days like seven days after the seven days after the incident if I think we should my recommendation to my client would be to expand that to at least 60 days yeah I would I would want to see longer than seven days certainly 60 days would be great and if we if we could put that in the in the plan so we can put it in into the file I would like to see that um I see nothing about training of security and and just staff in general I'd like to see a training something about training about that every staff person in security is uh informed and trained about these rules is that something we could do we could we can definitely do that uh I think the plan was to make sure that the board was comfortable with what we had proposed and then we were going to circulate it to everybody uh Who's involved in the security and go over with the cranum on on what we've put in the plan yeah we'll put that in the plan itself yeah I'd like to see something about how it's the training is going to be um how periodically people will be trained new employees um you know large training sessions versus U periodic kind of Refreshers maybe weekly daily I don't know however you guys want to handle that I've heard places talk about you know daily meetings before they open for the night just you know going over stuff um I'd like to see an integration of um uh you know conflict resolution something like that too okay deescalation practices things of that nature from a training perspective for yeah for security training we I we we usually ask about deescalation conflict you know uh training I just do note that the the third party security company that we've hired they they've told us and certifi to us that they uh have all of their people have received such training and that okay I'd like you to you know if you're using a third party you know it's a non-delegable Duty right so you're you're still responsible for being on top of all of all those things you know so whether you get um documentation assurances from your third party uh I'd like to make sure that those are communicated so you guys can be on top of that for for us because you know we we have no direct connection to the third parties that you know because they're third party so ultimately it it's it's going to be us talking to you right y we operate as a hybrid too we we bring in the security uh primarily to do the front door activities but we do still have our own employees uh uh who are dedicated security Personnel so that uh they need to be trained in in formed of these we agree with that okay so i' just like you to memorialize that in this plan and get get it back to us and then we can um acknowledge it and we'll put it in the file I think that that's all I have right now and then we'll circulate it to the employees and the security personnel and and go through with them as well chairwoman did I miss anything uh one request I have I'd like to see a floor plan with where the cameras are located marked out and also some um language in the plan you shouldn't wait until a Boston police request video if an incident occurs that you think may may require um police uh response or if it did require police response not just in in preparation for a hearing you should abs absolutely retain the the camera footage as a practical matter we do but I will put it in the plan okay sometimes we get to these hearings and someone said oh police didn't show up until eight days later and our camera only film seven but it's clear that they should have um retain the the footage so I want to see a floor plan and again very important what commissioner Karin is saying um a third party taking over your security is one thing but um there should be some elements written in here about you know new staff being trained how often and by whom and then as Commissioner Karen said the shift training this stuff should be reinforced on a daily basis um so yeah and just while I have you um we need you to follow up with Wendy Law in the office regarding the manager record yes been trying to reach out so unrelated to today but now that we have you just to remind you to do that yeah we got to switch that over the the probate has just been completed okay thank you I have no other questions commissioner Saxon any questions uh none for right now thank you thank you with that the board will take this under advisement as well thank you very much we appreciate it thank you thank you for being with us those are all the items before the board this morning that will adjourn this morning's hearing uh the board will vote Thursday morning at 10: a. thank you all and enjoy the rest of your day thank you