good morning we're just going to give a moment to clear the waiting room and make sure that folks have connected to audio and can hear us as a reminder when you are entering from the waiting room please do remain on mute unless or until you 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 May 21st 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 will be posted to the city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce thank you good morning my name is Kathleen Joyce I'm chair of the Boston licensing board I'm also joined today by commissioner Liam curan and commissioner Pian saxson thank you please ensure that your audio and visuals are working properly we will call each item in the order that it appears on this morning's agenda I will then ask who is present on behalf of the leny who is present on behalf of the Boston 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 lensee 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 we'll begin with the first item on this morning's agenda calling item number one mwn andw Inc doing business as China Pearl Restaurant located at 5 to 9A Tyler Street date of the incident October 15th 2023 assault and battery with injuries employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A please present on behalf of the lcy good morning Madam chair members of the board turning green Kristen scanland for the LIC e also present is Brian Moy who's the owner of the licensed premises along with Ty Miller the manager at the licensed premises and Jay um Howard who is head of security thank you very much uh I don't know if I see all of them on the screen so for anyone who is planning to testify please make sure that your camera is on so that we can Ser you in who is present on behalf of the Boston Police Department detective James Walsh thank you detective Walsh are there any other individuals with firsthand knowledge of the alleged incident who wish to testify okay can you all please raise your right hand and again I don't believe I see Mr Moy on my screen we I don't know that I see Mr Howard either oh there there you are okay see yep we see Mr Mr Miller uh is if Mr Moy is intending on fighing testimony we can SAR him in at that point okay can you all please raise your right hand do you s to tell the truth the whole truth and nothing but the truth I do I do yes I do thank you detective Walsh if you can please proceed with the police report for us thank you the following is the initial report about 2 p.m Cadet the while ass signed to the front desk at A1 took a walk-in assault report the victim stated that on October 15 2023 approximately between 1:30 and 1:45 a.m. he was assaulted by security bouncer at Province 44 nightclub located at 11 Tyler Street Boston the victim stated that he was approached aggressively by security and they accused him of pushing one of the bounces the victim stated that he calmly responded saying they mistaken him for someone else the victim stated that two bounces aggressively grabbed him and took him into a room in body SL slammed him the victim stated that he used his left arm to break his fall then the bounces picked him up and threw him out the victim stated that his knee was swollen and he felt like his arm was shattered he was then brought to tough's Medical Center by some college friends Boston police detective Walsh conducted an investigation into this incident attempting to speak with the victim alleged suspects and any potential Witnesses detective wall spoke with the victim and obtained obtained a victim statement that reads as the following on Saturday October 14th I visited Province 44 with my cousin Danny shatz and his friend Miguel we purchased tickets and arrived at the nightclub located 11 Tyler Street Chinatown around 12:25 a.m. after waiting in line I entered the venue approximately 12:30 a.m. where a house techno music event was underway I spent time dancing and enjoying the evening with my cousin and his friend until about 1:20 a.m. it was then that I met Ana Franco a person I had not previously known I remained with her for the remainder of the night after Danny and Miguel left about 1:30 a.m. at around 1:40 a.m. I stepped away from the dance floor and Anya began to share that her ex was present at the event pointed towards an in area of the club within five minutes I was confronted by two Club security officers bonsers a photo of the two bounces is attached both bounces began to verbally accuse me of disrespect ECT falsely claiming that I had pushed one of them I was afraid and attempted to clarify their misunderstanding stating quote I am not the person you were looking for and you must be mistaking me for someone else end quote they remained hostile both men forcibly grabbed me continued their verbal assault and dragged me into the back room resembling a storage area they restrained me in the back room and forcibly prevented me from leaving they persisted in accusing me of pushing one of them they started manhandling me I was terrified and pleading with the bounces saying please don't hurt me as I tried desperately to deescalate the situation they would not let me leave and their aggression escalated the bouncer who in insisted I I had pushed him and grabbed me by the waist and body slam to the ground I extended my arm as I fell resulting in a severely shattered radius and injured knee x-ray attached I was incapacitated by the fall and in severe pain the balances yelled at me to get but I could not stand up while I was lying on the floor they continued to demand that I get up so they could eject me from the premises when the presumably realized that I could not get up they picked me up and carried me from the back room into the club while carrying me through the club some friends noticed and and assisted me outside when I was outside the balances remained aggressive threatening me and and then threatening my friends who were helping me my friends took me to tus Medical Center where x-rays revealed that the bounds had broken my radius uh necessitating surgery the operation was performed on October 18th during which a permanent metal plate was inserted into my bone with nine screws photo attached according to medical professionals recovery from this injury is expected to take a full year uh the investigation detective waling Canal responded to investigate this incident in 11 Tyler Street on October 16th the venue is a private event space located on the third floor adjacent to the restaurant shjo at nine 99a Tyler Street while on scene detectives performed a code 35 licensed premise inspection and met with employee van Tran and manager Ty Miller both stated they were they were aware of the incident Mr Miller stated he did not witness the incident but had heard an individ individual had swung a punch at security on October 24th detective wall spoke to owner Brian Moy who stated he was aware of the incident stating he was not present that night but had spoken to his staff and stated an individual at a punch in security and security took that individual to the ground to prevent further assault Mr Moy advised that the cameras are installed but are not currently working Moy stated he would provide the names of the staff involved with the incident later determined to be Quinton leak and David Allen Mr Moy stated that two managers working that night were Ty Miller and blae St I advised Mr Moy to have them call me if they would give a statement about the incident on October 25th detective wal received a phone call from security Quinton leak who was involved in the incident Mr leak stated that between 1:45 a.m. and 2 a.m. when the lights went on an individual bumped into him and pushed him while walking off the dance floor Mr leak stated he pushed him back to create distance and the individual swung a punch at him Mr leak stated he wrapped him up and while doing so the individual elbowed him Mr leak stated they both fell to the ground when it was believed the individual sustain his injuries to his arm the victim provided photographs of a comp monitor of what appears to be a forearm that is broken and in the next photograph a plate inserted into the injured forearm area the victim's discharg paperwork from the hospital has been requested uh Mr leak to be charged in Boston Municipal Court with assault and battery serious injuries and that all I have at this time thank you very much detective attorney scanland would you like to address the alleged incident yes please um some questions for detective Walsh if I may uh detective the alleg victim Mr umansky self reported the day following the alleged incident on October 16 2023 correct yes and no alleged Witnesses accompanied Mr umansky um to A1 during the self-reporting correct not that I'm aware of no injuries were observed to his knee um as alleged in the initial report correct uh in the initial report the victim stated that his knee was swollen uh the cadet Theodor was the one who took the report so I can't speak to that but it's fair to say that the report doesn't say that Cadet Theodor Theodore observed any injury to the me correct correct and it doesn't state that Cadet Theodore observed any injuries to um Mr yy's left arm correct correct and detective Walsh it appears you conducted an investigation in the days between October 16th and November 5th correct and during that time you spoke with the owner of the establishment Brian Moy yes you also spoke with manager at The Establishment Tai Miller yes and you also spoke and received as we heard a further elaborated statement from Mr yansi yes and you never spoke with the female alleged to have been with Mr yansy Miss Ana Franco correct um Miss Franco did not witness the uh the alleged assault I think she provided assistance to him afterwards is that indicated in your report somewhere I believe it's in my notes okay but not in the report that we heard correct and you never spoke or Mr yansky never provided names with the alleged friends that supposedly assisted Mr umansky from the licensed premises correct correct in fact you never spoke or heard from any alleged Witnesses Who provided uh corroborating statements with Mr yansy is correct correct um you did speak however with the alleged suspect here security officer Quinton leak yes and he voluntarily called you uh yeah I had made notice to Mr Mo to have him call me okay and but he voluntarily called you after you asked Mr Moy to have him call you yes and Mr leak informed you during that conversation that it was Mr umansky that was combative with him correct yeah he said that he bumped into him on the dance floor so that it was Mr umansky that pushed him or bumped into him and pushed him an individual bumped into him and pushed him while walking off the dance floor okay and it was Mr leak that attempted to deescalate way to combat of Mr yansky and restrain him and they both fell to the ground Mr leak stated he pushed him back to create distance and the individual swung a punch at him okay and then Mr leak told you that they both fell to the ground as a result of this altercation he stated he wrapped him up and while doing so the individual elbow elbowed them and they both fell the to the ground and you stated that this is quote when it is believe belied the individual sustained his injuries to his arm believed by whom Mr umansky or did Mr leak say that that was your determination Mr leak okay but Mr leak didn't observe any um immediate or apparent injury to Mr umansky correct I'm not sure about that but he didn't tell you that in that conversation well he indicated that he believed that when they fell to the ground that Mr umans had injured his arm okay the victim testified to you in his further elaborated statement um that he was incapacitated and in severe pain yes that wasn't corroborated by any other Witnesses correct no there's no evidence other than Mr Yum's testimony that this is when he supposedly sustained the injury correct correct and Mr yansy allegedly provided photos of a computer monitor of an iny correct yes medical records were requested yes were they provided yes were they authenticated yes okay I'd like to note um what the record reflect we have not been notified that and been able to verify the authenticity of any um apparent injury or medical records but um other than that detective staff of the licensed premises were they otherwise Cooperative with your investigation into alleged incident yes okay thank you detective um M members of the board attorney green um present with us now is Mr Moy who is the owner um Brian I know I think Danny needs to have you swarm in to testify that's correct thank you Mr Moy if you could please uh raise your right hand thank you for joining us do you swear to tell the truth the whole truth and nothing but the truth thank you attorney scandin you may proceed thank you so as I indicated Brian Mo who's the owner um he was not there that evening um doesn't have personal knowledge of the event but obviously he's here to testify and answer any questions the board might have Mr Miller is also present with us he was the manager on duty he was there did not witness um the event but has limited personal knowledge of it and Mr Jamal also known as Jay Howard um head of security who was outside upon Mr yansy leaving the premises who I'd like to proceed um with some questions if I may um Mr Howard can you st your name for the record uh Jal Howard and what is your title as it relates to work at the premises um I'm in a security at the premises how long have you worked there um a bit over two years and describe your background and training in the security industry please um I've been doing security work for about over 20 years um uh most of which within I work for the commonwea Massachusetts and Department of viw Services program director Regional director uh trainer for departmental Corrections and Department of View Services um training with um mediation training deescalation training um at um the Harvest certificate program and various other training programs CPS CPI uh trading programs within the state thank you um how long was Mr Quinton leak working at the premises at the time this alleged incident occurred I it was with us about a year and a half at that time and what were his qualifications um he had previous security experience in military background and training what do you do to train security hires on use of force uh um I use a lot of the mod modules that um I learned with the Department of Youth Services just verbal deescalation skills uh Verbal Judo as I like to call it and always using equal or less force and you know and try to uh try your best to deescalate the situation without any physical confrontation okay ever were there any ever any can I speak English sorry ever any issues with Mr leak such as disciplinary matters dealing with patrons prior to this incident No in fact Mr leak is probably like um if you talk to the crowd of of any events that we have at show Joe he's like a fan favorite like everybody loves him knows him by name like he's um you know very Meek in Persona of people he usually can um rely just a situation where nobody else can turning your attention to the alleged incident um and that evening how many security staff were working that night um 14 15 14 15 between stationed and roaming security how many um for each and where are their locations um in the main um entertainment area is about 8 to nine stationary positions um one by the bathroom one by the elevator door one by one one bar one by the secondary bar two on the Dance Floor one uh at the DJ booth you have some rors um and then there's a constant rotation between um the staff that are at the door when the when people start to file in someone will come up and support the roaming and cover post and then at that point the rotation of positions it's half an hour 45 minutes people rotating out positions okay now did you happen to witness the alleged incident between Mr yansky and Mr leak I did not did you have any interaction with the alleged victim Mr yansky I did have interaction with him outside outside of the premises I was outside when approximately what time was that um that was just before 2 amm and can you um describe for us your interaction with Mr yansky outside please um I was outside just filing people you know out from front of the premises him and his friends came out I recognized them because they were just kind of yelling back and forth and so just just out of curiosity as being his security I was asking him what was going on one of his friends was kind of yelling at him and I asked him what's going on was everything okay and he was for to Mr yamy as a dumb ass and said he tried to fight and swing on security and I asked him like I was trying to ask him what happened and he just in turn yelled back at his friends and they were arguing back and forth I said so you I said you try to hit security and I try to ask them what happened after the fact um but they were just yelling arguing back and forth and then as we were talking um there were like sirens in the area police ambulance I don't know and his friends was basically saying them like the sirens are probably for him and so they took off on foot not not they didn't run but like walk kind of vigorously towards St Street and then um when I came inside the premises I was met with Mr leak and he informed me that about the altercation so just to back up for a moment when you were outside with Mr yansky and his friends during this interaction did you identify yourself as security I did I did I let them know that's why I was approaching and interjecting in there and did you observe any injuries on Mr yansky at this time not in the least they were you know just arguing back and forth flailing their hands with each other like you know I went to address them because it looked like that they were getting ready to um get into an altercation if you will so Mr yansy did not appear to be incapacitated in any way uh not in the least and in fact when I you know further got the details of what allegedly happened I was kind taking them taking a back because you know I'm like you I saw this kid when he came out and I saw them arguing back and forth and his friend was yelling at him for being assaulted toward security um so just for the record you didn't observe any crying screaming holding his arm any anything that would lead you to believe he was in pain at that time or any injury had occurred or any incident that occurred other than what they told you no no no pain no injury the only thing I heard as far as screaming is him screaming at his friend and then yelling at each other about the incident and his friend asking him why did he you know engage and you know trying to fight security you mentioned when you went inside that Mr leak uh reported to you what had occurred with Mr yansky he did and what did he tell you um he told me that um mrki had been asked to leave the premises kind of refused to and was just completely out of control like you know um assaultive and disrespectful and they continue to try to walk him out of the premises and his you know in a MST of the incident he just kind of wouldn't kind of gather himself to just listen to you know you know the verbal prompts for him to leave and then he begin to get grabby and pushy and throwing punches and things that you we spoke about earlier towards Mr leag and then um eventually um while I'm trying to get into control he did mention that they both had um fell and at that at that point he did get up and they walked him off the premises he eventually gathered himself and walked out you know on his own first okay um did you or any staff to your knowledge call the police that evening regarding this incident um I did not like I said by the time that I had um got knowledge of the situation they were already leaving the premises I came inside talked to Mr Lee and um they were gone as far as to my knowledge they left on their own for and there was no [Music] um you know there was nothing to report at the time I could I couldn't report someone who wasn't there would you have called police if you observed an injury outside absolutely I um you know I've been I've been in this business a long time like like I said well over 20 years um I'm pretty observant of things like I probably definitely um I you know I didn't know that there was an incident but then when I argu back and forth I would noticed any injury I would have absolutely offered him medical assistance and and call you know if he needed it okay thank you Mr Howard um no further questions from Mr Howard at this time if I may proceed with Mr Miller a few questions for him uh Ty please just state your name for the record Ty Miller and how long have you worked for the license PR about 3 years were you on duty the evening of October 14th going into October 15th early morning hours I was and did you happen to observe the alleged um incident between Mr Umi and Mr leak unfortunately I did not get to see um the incident take place uh I was assisting my bar staff cleaning up and just doing closeout duties okay um when were you first made aware of the incident I would say after directly after it happened um I'm not sure if it was before or after uh Mr leag spoke to uh J but uh he Mr Le told me after okay and then the patron had already left the premises to your knowledge correct did you call police that evening I did not would you have had you now um about the alleged incident prior to the patron leaving most definitely you know of any alleged injury excuse me or if you had known of any alleged injury yes I would have okay thank you Mr Miller um Madam chair members of the board attorney green if I may um well there seems to be some evidence presented of an alleged injury there is no evidence of an alleged assault here um you did hear from staff that there was some sort of incident and an altercation that ensued with Mr yansky as the initial aggressor and both parties unfortunately went down to the ground with Mr umansky allegedly injuring his arm against the ground um no evidence has been presented of an assault or intentional touching without an excuse or right um given Mr leak's reporting of the incident to both the Boston police as read into the record and head of security Mr Howard it was Mr umansky that pushed him uh Mr yansy that swung to punch him and Mr yansy that continued to be unruly with um Mr Link attemp who was attempting to a deescalate the situation and B not be assaulted himself um if this injury even truly occurred at the premisis and during this altercation which is not clear at the moment given witness testimony available to us at this time it was a result of an unintentional fall during the scuffle and not based on any excessive use of force during the alleged incident if an injury occur ured in that moment additionally it was certainly by accident not in a manner that was likely to cause any bodily harm um unfortunately at this time the licensed premise at the time of this incident not at this time but the licensed premises was undergoing EXT extensive renovation on the second floor and wires and cables had been cut affecting the third floor where the alleged incident took place so there's no surveillance fo it available however there are uh cameras on premises now uh the fact remains that as you heard um through detective Welsh's testimony that no Witnesses um despite the fact that there seemed to be several friends um with personal knowledge that were with Mr yansy that evening no Witnesses came forward to corroborate Mr yansky statement to police um but it remains that the witnesses um of the licensed premises observe no obvious sign of injury after this alleged incident occurred no sign of incapacitation as the victim stated to police no sign of severe pain or any notable injury whatsoever um had they observed that they would have most definitely called police um simply wasn't information or observation known to them at that time um lastly and again the BPD report references various photos and reports medical reports that have not been made available to us and have not been authenticated um all we know at this moment our computer and monitor photos were supplied um if further information available we would ask that we be provided an opportunity to review those before the matter is decided thank you attorney scandin anything further before we move to questions from the board nothing further at this time thank you thank you uh chairman Joyce any questions uh yes first a comment a question for lieutenant Troy can you forward the medical records to um lensing attorney or can we that you forwarded to us um detective Welch has furnished me with those um with the the the medical records is discharge papers which I've emailed to the board so um it's my impression that it can be forwarded to the attorneys and necessary parties okay attorney scin I'll make sure I send that to you thank you so the testimony today was there's there were no working cameras at all anywhere not even at the front [Music] door Brian if you can chime in to confirm uh that is correct Mr Moy are the cameras working now they are working now yes how long do they keep video for um they are Google cameras I believe they keep record up to I think 30 or 60 days uh we subscribe to a membership PID membership that allows for more gigabyte storage um personally I'm not very technical uh technological um I do know that we just uh also upgraded our internet bandwidth to a ter to support our POS systems Wi-Fi network for guests as well as for the um the cameras okay aside from this incident I'm asking you to forward us your security and operations plan so we have it on file as well as a plan explaining how many cameras you have and how long they preserve video for um we're going to keep those on file uh so that we can refer to them if there are any future incidents um where is um Mr leak now does he still work for you uh he is not currently employed uh with us at this point okay uh when did he stop working for you roughly November middle of November roughly so shortly after the incident okay and what was the reason of his for his departure um if I can have uh J answer that he does the hiring for the security yeah he just uh Mr leak just moved on because he just found uh another job which is more um closer to full-time employment um being it that the you know the events that um on Toler Street are like isolated and not consistent he just wanted more consistent work so he took a job elsewhere where he works I like five five nights a week okay and I assume that you have an internal report based upon the information that was shared with you that night yes okay can you forward that to the board yes um so it's your testimony that he was um responding to being pushed by this Patron correct what do you mean by creating space uh I'm sorry creating space I think the testimony was that he pushed him back to create space um so when the when the incident first occurred um the uh the gentleman Alan yansky um they Ste he stepped on the security uh Mr leak's foot and then uh Mr leak announced himself as I am security the event is over the exit is this way um and at that point you know the um Mr yansky pushed him and then also grabbed onto his um his shirt um then that was when uh Mr leak had attempted to uh create more separation between them um and the word push was said to me um and that's when uh Mr yansky took a swing at Mr leak as well okay um so you're going to forward me your security and operations plan your internal incident report um I wna I may have more questions but I'm gonna turn it over to commissioner Karan and commissioner Saxon um who is David Allen and where is he we reached out to him he was an employee um he is no longer employed by us either um and he was unresponsive when we reached out to him okay do do you have any um written report from him from the time um he is not part of the management uh so we don't have um employees put in incident reports for incident bug okay what at the at the time that you were questioned by detective Walsh you believe that he had some involvement in the incident is that true um he was one of the responding security members uh onto the incident and do you have any sense of what he witnessed um he has been unresponsive unfortunately we only have well I only have a phone number for him um so when I had attempted to call and text him um I did not get a response unfortunately okay give me one moment sorry um just theoretically anyone for the premises uh say say there was a beginning of an altercation just for the sake of argument I'm not saying you have to say that it happened oh commissioner K you've muted yourself sorry uh I was clicking on to another document uh so so just for the sake of argument if there was an altercation that began on this dance floor where where you guys are saying it happened is there any kind a back room close by that that would fit it all with this idea that he was dragged to a back room there is a not a back room but there is a employee only hallway that is used for storage of tables and chairs um and an elevator is there an elevator there there is an elevator there yes could any chance in the deliberation of this you could get us pictures of that so I could get a sense of what it looks like yes I can all right I think that's all I have thank you in the first part of the um police report there is this narrative about this woman who was saying oh there's my ex is there any connection was she pointing to one of the the um security guard like what is the connection what is the Nexus if any um I am a little bewildered by that statement um I have no understanding I don't think any of our staff has any understanding of uh that particular female Andor that conversation um and based on the um the the statement testimony it seemed as though it was during the event even though when the incident happened um the event was over uh lights were all on music was stopped any further questions from the board okay the board will take this matter under advisement uh the board has requested a security and operations plan uh location of any security cameras and retention schedule of any footage any internal incident report from this incident as well as pictures of the employee hallway uh and where the elevator is with that the board will take this under advisement thank you calling item number two Boston Ballroom Corporation doing business as Royale located at 279 Tremont Street the incident October 21st 2023 assault and battery employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on employee in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy anybody present with us on behalf of Royale Charles Delo thank you Mr delpo uh looks like you're calling in from a phone is it possible to turn your camera on you're calling from a cell phone there we go thank you uh who is on behalf of the Boston Police Department Officer Giblin thank you officer Giblin are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you both please raise your right hand do use S to tell the truth the whole truth and nothing but the truth yes I do thank you officer Giblin could you please read the police report into the record for us about 2:44 a on Saturday October 21st 2023 officer Giblin assigned to the alpha 436 Alpha responded to a radio call for a report of an assault in battery at Royale nightclub 279 trumont Street Boston operations informed the responding officer that a female victim reported being assaulted by another female while inside of the club upon arrival officer gin met with the victim identified as key uh ke kedin pulling she stated that her and her friends were inside of the club when one of her friends Maya janicki closed her eyes she stated that they were then approached by Club security and were asked to leave the club because security believed that Miss janicki was sleeping Miss pulling stated that she attempted to explain to security that Miss janick was not sleeping but security was not listening to them she stated that as security was escorting them out of the club a black female security guard who Miss pulling stated uh believed her name was Sarah was very aggressive towards her and her friends she added that when they were near the stairway leading downstairs the female security guard shoved Miss pulling and Miss janick to the point where they almost fell down the stairs once they exited the club Miss pulling stated that the female continued her aggressive behavior and began taunting the females by sticking her tongue out at them she then notified police of the incident officer Giblin then spoke with Mike Rodriguez Security Supervisor for the nightclub he stated that his team did approach the group of females asking them to leave because they did observe one of the females to be sleeping he then added that while the group of females were being escorted out of the club one of the females swung her arm towards his female security staff member he stated that in response to the attempted battery his staff member shoved the female he stated that he believed the female that was that attempted to strike the female security guard was mis pulling when asked by Officer Giblin who the female guard was was she stated that he stated that her name was not Sarah but quote Riri he did not provide any further information the suspect was later identified as Mariah Johnson through internal police reports officer gin not notified the alpha 910 Sergeant Downey who responded and conducted a code 35 licensed premise inspection number is 0 60546 and the only thing that I would add is that I did get in touch with Miss pulling and miss janicki and informed him of today's hearing I'm not sure if they're in attendance thank you officer Giblin Mr delpia would you like to address the ENT unfortunately I personally was not there I was downstairs um George civas who is our manager up there is supposed to be here right now with me because George knows the whole incident what George told me was that the girl was sleeping on the bench and was asked to leave and as they took her out um she got uh a little combative and and then they went outside and they shoved each other a little bit I really don't know any more about this case and I don't know why George is not here right now but um if the board would allow me to try to get George I've been trying and he could give you all the facts I'm only telling you what was told to me to tell you I was there and I saw this I did not wanted to try to reach George please thank you madam and we'll call we'll call back in is is that what you want me to do I've already put four calls into them I can't believe if George is supposed to be here and you are relying on his testimony I urge you to get George to be here yes ma'am I'm going to do it right now thank you um chairman G like to move to the next matter in the meantime we'll yes we'll take them at the end we will move to item number three and we will come back uh if and when Mr cous joins us calling item number three Fenway Johnny's LLC doing business as Fenway Johnnies located at 96 to 98 Brookline AV date of the incident uh December 5th 2022 assault and battery employee on Patron in violation of Mass General law CH 138 section 64 and chapter 265 section 13A who is present on behalf of the LIC e morning U Madam chair Commissioners attorney Sheamus o Kelly representing the LC E I should have two witnesses present as well the leny John Karen the manager Igor trindad I see Mr Tad thank you I do not see Mr karon but I do see Mr ATT JY Mr Karen should be on um attorney green I did speak with him this morning I don't I'm here oh I hear his voice great I don't know why no worries I just asked you to start your video as well so hopefully there we go perfect thank you and who other Witnesses attorney o Kelly I think pardon attorney green do you have any additional Witnesses attorney o Kelly or just no additional Witnesses I I if I may for the for the record um the notice um of hearing which is dated February the 7th 2024 uh was received by me from my client on February the 16th 2024 with respect to an allegation um that occurred an alleged violation that occurred on December the 5th 2020 two at Fenway johny's almost 14 months after the allegation which um hampered my client's ability uh to investigate this matter at the time the allegation occurred just for the record before we start thank you who is presentent on behalf of the Boston Police Department uh detective fencer thank you are there any other individuals for firstand knowledge of the alleged incident who wish to testify you know can now please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth I do I do thank you detective fencer if you could please read the report into the record for us yes uh this uh report was written by uh Cadet yimz okay on 125 2022 at about 6:15 p.m. Cadet yimz while assigned to the front desk at D14 took a walk-in report for an assault and battery the victim Daniel William Schubert St that he was at Fenway Johnny's nightclub located at 96 Brookline a Boston Mass 02215 he went at about 11:45 p.m. on Saturday and was later asked to leave around 1:30 a.m. because they wanted to control the crowd in there he stated that he was escorted by the bouncers and after being brought outside he tried talking with the bouncers so that he can get back inside however one of the bouncers was being rude and that's when things started to escalate The Bouncer and the victim shupert had to be separated because they were arguing with each other and they were both being held back by people eventually the bouncer was able to escape from the people that was holding him back and he charged towards the victim uh how about yeah event eventually the bouncer was I'm sorry I apologize to escape the people and holding back charged towards him I'm just going to stop him eventually eventually the bouncer was able to escape from the people that was holding him back and he charged towards the victim Scher throwing four to five punches shupert stated that he wasn't able to defend himself because he was still being held by people and he saw that he had minor injuries on his right eye nose right cheek and right bicep officers were also called to the scene after the victim shupert left um this is an incident uh number which is p2205 59425 D4 detectives were notified about 7:30 p.m. on Friday 129 2022 detective fencer in the Delta 801 801 along with Detective Stoddard in the Delta 843 responded to Fenway johnes located at 96 Brookline Avenue detective fenter issued Fenway Johnny's licensed premise inspection notice citation 026 481 for an assault and battery employee on Patron just to uh just to add I did contact the victim he stated that he did not wish to pursue the matter any further at this time thank you attorney o Kelly would you like to address the alleged incident thank you attorney um detective Spencer um you have just read the report of Cadet himz correct that's correct that is not your own report and you have no firsthand knowledge what's stated in that report correct no that was that was report was written by kadet YZ correct and it's it's fair to state that the alleged victim in this matter Mr Schubert um went to the Boston police the day following the alleged incident is that correct uh it seems so by the report yes and um there are no other there are no other witnesses to this alleged incident isn't that correct uh not that I know of no and and there is no identification of the bouncer who was alleged to have been involved in in an altercation with this individual correct not at this time no no identification of him by name or by appearance to say no when I spoke with the manager they did not state who the bouncer was no at this time and the the police were called to the premises that night correct by management uh I just going from the report that was written by Cadet yis this is a front desk report that he came to file at the police station so um uh being help I don't know I don't know if they uh if they responded we responded the following detective Sten and myself responded the foll in uh on the 9th after that um like I said this was a front desk report it wasn't there was not a 911 call okay you responded to the premises a number of days later where you served a copy of the citation on the ninth that's correct have nothing further of detective fener thank you great you may proceed um um Mr uh eor tradd please you're scoring in already Mr trindad would you state your name for the record please spelling your last name Igor trindad TR n d a de and you're an employee of Fenway joh correct that is correct and what is your position with penway Johnny general manager um you've heard the report that was read out here by detective fener this morning I you have and uh were you on the premises on December the 5th 2022 when this alleged incident occurred I was you there you recall what occurred on that evening um not 100% um you know as we've spoken the report came you know the uh actual writeup came a year and a half later or something um but you know as I read the you know the report I remember the evening you know an incident around that time that uh a gentleman got into an altercation inside the bar we escorted him out you know there was a group of guys uh standing by the bar he was you know having a good time uh but he bumped into one of the guys they started a bit of an altercation and he got you know struck in the face by this guy guy uh and then we separated the the fight and uh you know when you say by this guy do you mean by another Patron the the victim uh the elect victim struck in the face by another Patron correct all right continue please and you know we escorted him out uh he was giving us a hard time trying to come back in and we said listen you're not coming back in uh just go home go home uh and he kept trying to charge in um and uh we call you know after he wouldn't leave we called the cops and he left he left yes thank you I've have nothing further of Mr trended at this point may I call John Karen very briefly Please Mr Karen you present heard your voice earlier Mr Karen I just asked you to unmute yes I'm here uh please uh state your name and spell your last name for the record Mr Karen you're already sworn yeah it's John Karan c n and um are you the lensee of Fenway Johnny's llt I am have you were you present for the reading of the report by detective uh fencer a few moments ago yeah I've heard the whole thing and that's a report concerning an incident that occurred on December the 5th 2022 right yes um I know it's your practice Mr Karen to often be present on your own license premises in fact I believe you're present most evenings to your best recollection were you present on were you're present on December the 5th 202 you were and you recall if anything occurred that that evening I remember the incident I remember going outside and uh watch the whole thing he kept charging the door and you say he who do you mean uh the person in question here he kept charging the door what else yeah that was it we kept asking him to leave and uh we called the police and it was that he left and he left it's your testimony that you call the police correct uh yes thank you um Madam chair and and Commissioners um this is this is an incident that allegedly occurred um on December the 5th 20122 and as I've previously stated um I I read the police report in February of this year detective fencer has told us that he he reached out to the victim victim has no interest in pursuing it there there is there are no other witnesses to um the allegations that M that Mr schert uh Mr schert has made to the cadet when he went down 24 hours later to the Boston Police Department there's no corroboration of his statements that he was assaulted by an employee there are no witnesses to that assault there's no identification uh of any individual uh who may have assaulted him that night and he left Vol voluntarily and um and fairly uh active fencer has reached out to him and he said he wants nothing to do with it um you may have you may have questioned thank you chairman Joyce any questions I just want to get on the record we you were notified about this the lcy like a few days after it happened correct we got a a a citation right so you keep talking about the timeline but I want to get on the record that we did you were notified by the police within 5 days and we are here in May because you requested a continu so putting that on the record I have no questions m c is there any video preserved outside on the night question don't I don't believe so um Commissioner Karen as I stated we for the record we did get notice but we didn't get a police report till 14 months later I you got you got notice on the 7th of a salt and Battery employee on right right we got a citation okay what did you do uh with regard to just the on its face employee on Patron assault and battery well I believe M Mr trindad that night they called the police no I know but what did you do in order to preserve any evidence whe you know the for the Existence or non-existence of such an incident I'll ask I'll ask Mr kund I'm sorry what was the question what did you do to preserve video evidence regarding the existence or nonexistence of any such incident of an employee on Patron assault and battery on the evening of what the 3D to the fourth right correct well historically we get the notice you know with the write up and all the details on uh you know a couple of days if not a week after so um you know it is on me I dropped the ball I should have made a video but I didn't know the timeline or anything cuz I didn't you know firsthand watch the incident I heard about later um you know so I should have made a video but I didn't know the timeline so I guess I was waiting for the information so I can make the video of the exact space exactly you know what the report would say and I did not okay but on the on the night of and even on the 9th of December it seems to me that you knew that the alleged victim had been outside and had been charging at your employees as you guys alleged right yeah yes okay why wasn't that whole sequence of video preserved well we called the cops and the gentleman went away in my mind it just you know it just went away yeah but you were cited you were cited on the nth I was cited later sir not that up cited on the N yes the night the day after as of the nth based on the testimony today as of the nth you knew that there was an incident the incident included time outside that time outside you alleged that the victim was the aggressor and was charging at your employees you are correct sir I did not make a video why wasn't a video preserves of that whole sequence I did not make a video unfortunately uh I was present that there was no incident he just kept coming up to the door he was obnoxious and then he you testified that he had been charging your employees charg kept coming up to the door and saying I'm I should be let back in I should be let back in um repeatedly but then he left okay thank you commissioner Saxon any questions no questions from me thank you you anything further from the board board will take this matter under advisement thank you thank you thank you calling I I do not believe uh Mr civas has joined us from the last item but just checking before we move on uh Mr civas have you been able to join us we will call again in a moment following item number four gubin LLC doing business as Mallo located at 411 Chelsea Street in East Boston date of the incident October 13th 20123 assault and battery with dangerous weapon Patron on Patron in violation of Master Law chapter 138 section 64 and chapter 265 section 15a who's present on behalf of the lcy Hi how are you thank you could you please identify yourself for the board I'm Luis Maldonado I'm in charge thank you Mr Maldonado who is present on behalf of the Boston Police Department I see detective Espino is here sorry technical difficulties uh detective Espino the Boston please great thank you very much are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you both please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth true I do thank you detective Espino if you could please read the police report into the record for us yes sir I'll be reading police report number 232 8285750493 front desk spoke with a walk-in victim Elder Johnson when rostro who stated she was attacked with a hard plastic pitcher at 411 Chelsea Street East Boston M Bar Johnson when Roso stated that on Sunday 108 2023 at about 1:00 a.m. she and some family members were at M's bar the bar was packed they stood in front of a table when an unknown male attempted to return to the table he had previous been out with friends the victims Isabelle ngaret was yelled at aggressively and told to quote get the out of the way end quote this caused both parties to get into a verbal altercation with one and another at this time the victim was approached by M Bar security the victim notified the security of the issue the unknown male's girlfriend tried to approach the victim's cousins the victim stood between the unidentified female and her cousin and told the female it wasn't a good idea the unknown female pushed the victim the victim told the suspect not to touch her an5 female tried to Lunge at the victim however the security guard stood between them at that time an unknown female threw her drink at the victim the victim stated that she then took her own drink and threw it at the unknown female the unknown female then turned and grabbed a hard plastic pitcher swung it at the victim and hit her on the left side of her face causing damage to her nose her left eye and laceration to her left cheek at this point the victim was bleeding and fell to the ground the victim's Aunt Karina Sanchez ran to the security guard and asked them to call 911 or to allow her to leave the building several times because they needed to get an ambulance the aunt was told that she wasn't allowed to leave the building the victim refused an amulance but requested for the police to be called but was told no the aunt then told the security guard that she they didn't know how bad her niece injuries were and that she needed to be treated after several minutes and after receiving a phone call the security guards finally let the victim and her family leave the victim's family took her to the hospital after the incident she has all the paperwork and photos concerning the victim's injuries uh that is the end of the initial report um my investigation did reveal the victim did provide photos she had injuries to her left side of her face El laceration uh she developed a black eye and swelling to her nose um my investigation somebody called 911 I couldn't tell you who were um I attempted to contact that person and to no avail thank you detective Espino uh Mr Maldonado would you like to address the alleged incident uh yes I do so that happens on H Sunday EV it's still Saturday Sunday October 28th 2013 um Mr spino going to my business and then um I'm very sure like five days or six days after to show my cameras all the stuff like that and I and I I I agre with him I show him for like two times he shown up for like two time to my business did he say the first time he lost the whole cameras I give it to him the second time I will I give it to him back again um that day I was there there was two groups on the back to my business uh one of those the who say they get her she's really drunk she is uh really screaming really young girl there was with another family I don't I'm very sure it's family because that's what Mr spino say but um everybody my ex secutor did to take the first women out of the business and then after I say to the group I ask him I goes hey what happened and then and they told me like she's really drunk that day she don't I don't see any cut from her because that that happened really quickly really fast so um that's what I have because I was there that day and um my job my security job make sure anything happens but that day we don't call the cop because I don't see any we have to do it I don't know what where from where she call the Caps what time she call but we don't that's the first thing I do like a person like I'm owner I'm in charge my business first thing something I really need the security can handle it I call 911 right away thank you we'll turn to see if there are any questions from the board uh commissioner uh chairman Joyce any questions you can go to commissioner K and commissioner first I'm just trying to read through the police report again slowely thank you commissioner k um was was there anything going on with them they weren't allowed to leave was that being held because they the parties were being separated or something like that is that what am I SECU is did they so who's starting fighting over here who's starting pushing like they say oh she's who take first out one women and the second group who's what I heard she get her one of those friends that he paid the top say to him yo what happened she's okay said she he say to me it's really top guys he say she's fine she's really drunk okay I say to her make she he paid the top before because this she's one of those friends is really like really drunk and then um so we separated but honestly like inside the business like my security did a great did they did a great job um they they took one group first out and then the other group they paid the top and then they left okay so thank you and I showed the camera from outside too so I did it my job at that day I don't see anything I was there I was there because um my business I'm in charge and I always anything happens I got the I got this I got the police like two blocks from my business so anything happens I call right away okay thank you you're welcome um the patron who was quote unquote really drunk how much did she drink in the establishment I'm very sure she get I'm very sure she get really late she always drunk and um she I'm very sure she she started like honest like she get there like almost like 12:00 1:00 that's the accident happened so she don't drink that much she's really young women and then again um she can get two shots they can get drunk I'm honest with you that that day I very sure I saw her drunk and then she's friend too and then I say I'm sorry I can't have you guys here PID the top and one of those friends they paid the top then they leave do you have a record of the tab I'm very sure I need to take a look at it because that happens in 200000 almost eight months ago so no no record you're you're muted you're still muted Danny thank you anything further from the board at this time no thank you and the board will take this matter under advisement thank you very much much calling item number five FTE Cleaning Services Inc doing business as bellaris Columbia located at 28 Bennington Street in East Boston date of the incident January 1st 2024 over capacity in violation of Mass general laws chapter 138 section 64 and board's rule 1.03 J and 1.06 a and F manager not available on premise in violation of MCH General La of 138 section 64 hindering enforcement agents in violation of Mass General law chter 138 section 64 and board's rule 1.10 a andb and expired entertainment and common vict licenses in violation of Mass General Law chapter 138 section 64 Who present on behalf of the licensing morning attorney green chair Joyce board members Attorney John conell from The Firm of Upton conell in deblin and I should have here Roberto rreo the manager of record of the technically the current licy thank you and I do see mrpo uh who is president on behalf of the Boston Police Department Officer Sal [Music] vetu thank you are there any other individuals uh who would like to with firstand all the village incident who wish to testify this morning can you all please raise your right hand do you s to tell the truth the whole truth and nothing but the truth yes thank you and sorry uh uh attorney canel did you identify the individual who's with Mr rreo uh if he could that would be great thank you Mr rppo who who do you have with you here you can please oh you're on mute right now you're you're still on mute I've asked you to unmute the person that's with with him should be a an interpreter okay uh when they are ready to speak we'll make sure that they are sworn in I did themselves as well okay Officer s reia if you could please proceed with the police report okay about 14 4 a.m. on Monday 1 1:24 officer San Vena in the gold 416 Alpha responded to assist with a licensed permise violation at 28 Bennington Street East Boston BS Columbia assisting was officer agod Delo AA in the gold 412 Alpha officers mirando and bizo in the gold 101 Alpha Sergeant Mata the gold 9007 and Captain bickerton the gold Charlie 01 while patrolling the area of Bennington Street in Porter Street for Public Safety due to the high volume of restaurants SL bars in the media area officer's attention was directed towards 28 Bon Street due to the high volume of music coming from inside the premise captain bigerton in sorry Captain bigerton along with Sergeant Mata then attempted to enter the establishment to speak to the manager supect later identifi as fer per while attempting to enter what appeared to be security who who was unidentified working for the establishment obstructed the pathway C bton then demanded him to move away from the entrance Door officer s Vana and officers agela then arrived on scene officers then entered the establishment and were unable to locate the manager/ suspect due to the high volume of patrons Slover capacity Captain bickerton spoke to the security to have them close down for the remainder of the night due to safety hazards Sergeant Mata then conducted a license premise inspection notice it was then found that the entertainment license and the common Victor license were both expired the violations include hindering enforcement agents entertainment license expired common Victoria license expired manager not premise sorry manager not present on premise in overc capacity upon reviewing body cam footage off Veta counted about 154 patrons exiting The Establishment upon closing along with about 15 employees Captain bickerton stated about 15 patrons left prior to officer activating the body camera the permitted capacity is 49 people due to the manager not being present he was unable to sign the license prise inspection notice for acknowledgement presid staff members were uncooperative throughout the incident and that's it thank you attorney canel would you like to address the alleged incident yes I don't have any questions for the officer but I'll just give a summary um the manager of record was not there that night there's no doubt about that riberto orpo uh a manager of record doesn't necessarily need to be there 247 or at all times but he was not there we don't think that's a violation what we did have there the uh just for the the board's recollection this this license has trans uh at the abcc level the new buyer with the new manager of record has not picked up the license yet the new manager of record is Laura parenes wife of Fernie perenz Restrepo is the father of fer uh Fernie I believe I got that straight um when on this particular night uh the licenses were renewed from 23 to 24 this was the first two hours of 2024 the leny didn't replace or put the new licenses for 2024 after midnight I'm not so sure I would have even thought of that myself however the security person that did greet the officer had been employed by this place for only two or three weeks it was New Year's Eve and and he was clearly unqualified to handle the situation uh we do not contest the the uh overcrowding over occupancy we do not contest that he did whatever he did that the officer characterized as obstruction to get into the place uh both Laura and Fernie pz were in Florida at this time so none of the family members that usually work at this establishment were there that night and we very much regret that this happened um it was New Year's Eve there were a lot of people on the street and everybody wanted to keep the party going and from what I understand the obstruction was that the security guard locked the door to prevent anybody from coming in which he may have done in an effort to prevent patrons from coming in so generally that's it we apologize for this but um as I said Laura brenz is the new manager of record when the new license is picked up she's very much dedicated to operating this place at a higher level and we regret this incident thank you anything further before we move to questions no no okay chairman joce any questions is uh Laura here no okay she works there before under the old management too but my question is just and attorney Canal maybe you can answer I mean overcapacity is frequently a problem at this establishment what were they doing that night to count patrons and what do they do now I know but a lot of players are the same so I just want to talk about how they control the crowds sure security people are trained to obviously keep count and not to go over 49 we don't know what happened with this particular guy to his name was orge Santos who is fired immediately after this for working the door negligently in our opinion uh as I said the the family members were basically in Florida for New Year's Eve holiday and the employees are trained to count people who come and who go and they're supposed to keep it under 49 as you know chair Joyce this place had a long history of uh getting into compliance with all these these requirements and they have worked very hard and have been on balance very good New Year's Eve coupled with the inexperience of this person that they left in charge of the door generated this problem so we are always on this and we have been on this for years it's just that we didn't have a perfect record on this particular night so Bernie was not there even though he's written up in the police report as he if you read if you read the report the officer says that Fernie was sought but could not be located okay because he was in Florida yes okay thank you uh commissioner car commissioner accs have any questions who was left in charge instead of the manager of record that evening uh Roberto are you there yes who who was left in I'm sorry if you may Mr person left in charge was Alejandra manager Alejandra who aland Ramirez an employee at this location okay so they were the most senior the boss that night correct yes all right and uh where was that person when the police were looking for the person in charge at the bar behind the bar if I could just interrupt for a moment ma'am I know you raised your hand earlier to be sworn in I don't believe you've identified yourself to the board yet if you could please do so uh my name is Stephanie B I'm The Interpreter foro thank you Stephanie what was your last name bedya b d o y a great thank you sorry commissioner K you may continue with your questioning okay as far as I can see or you know ascertain that person did not make themselves known to the police that evening is that true yes if I may it's not in the report whether they ever uh I'm asking is it is it true is what true they did they not make themselves known to the police that evening what I'm trying to what I'm trying to well what I'm trying to say and we can let the witness answer is there's nothing here that where the police officer asked to speak to that person so we don't know if making themselves present when nobody requested them is you know the answer you're looking for they only asked for f at that time uh officer salivan venetsia did you only ask for one person or did you ask for who was in charge so I wasn't the one that personally um asked for who was in charge it was uh captain bickerton and Sergeant Mata did you witness that request no I did not okay um were you present when they were trying to get someone to sign the notice I was only present during the exiting of the patrons all right that's all I have thank you questions what kind of training did you guys do knowing that you would be in Florida what kind of conversation did you have did you leave any writing I'm curious on what was said what was communicated before you left can you please repeat that before you left for Florida what did you say what did you communicate to the staff who would be in charge of New Year's Eve um um get the there could only be 40 people inside 49 people inside yeah you and to close at two like every day Miss Saxon I I would point out too that neither Fernie nor Laura were the manager of record on the license riberto was and he was home uh I believe he lives in re but he was here and he just wasn't working at that time so it wasn't so much that the other people left and needed to leave a manual for some instructions but the people there should have known better no doubt about it uh I have another question I think it would be for you attorney canel who who is our 24-hour contact who was our 24-hour contact listed for that that uh premises at that time the the board's 24-hour contact do you know I don't know off the top of my head to be honest could it have been Fernie I would have you know I don't I don't think I need to speculate I I I just don't know I'm looking through our renewal records right now it was Lara was our 24-hour contact for that for that year before the okay thank you any further questions from the board board will take this matter under advisement thank you thank you calling item number six John J Summers C doing business as Green Dragon Tavern located at 11 Marshall Street dat of the incident March 25th 2024 assault and battery employee on Patron on premise in violation of mes or loss 13 section 64 and chter 265 section 13A who's present on behalf of the licy uh Noel Summers thank you who is present on behalf of the Boston Police Department s detective Willi G detective Eddie Hernandez did the followup we do not write the oral report thank you uh do we have somebody here who will be reading the initial report in I can thank you oh did as you trying to speak you're on mute right now are there any other individuals with firstand knowledge of the alleged incident who wish to testify can you all please raise your right hand do you s to tell the truth the whole truth and nothing but the truth I do thank you sergeant gager if you could please proceed uh with the police report yes good morning I'll be reading a Boston police in report that was written by Officer Manuel Seas at about 11:34 p.m. on 31624 officer Seas assigned to the Alpa 499 wall and Patrol oberved the mail with a cut around his eye at hover Street in Street the male later identified as mik jakovich dat of birth 11177 stated the staff at the green dragon had roughed him up and threw him on the ground outside and they had broken his glasses as well during the physical altercation the officer then spoke to Michael Olen date of birth 9 I'm sorry 22886 manager of the green dragon who stated that they were approached by a female guest stating that they were in appropriately touched when he was approached by staff he began to choke one of the staff members to which the staff then removed Mr jacovich from above the officer then spoke to the female who staff had previously stated had inappropriately touched the female Lexi Kama Conlin stated the officer that jenovich was stating to her was staring at her in her friends for a long period of time and only placed his hands on her shoulder for a brief period of time attempting to speak with her jenovich EMS Boston EMS u in Alpha the 101 responded arrived on scene and cleaned jovic's injuries officer CS notified the patrol supervisor of the alpha 02 Sant Hogan of the incident for the code 35 Li premise check to be done at a later time due to the high frequency of 911 calls for service because it was St Patrick's St following report is uh my report detective nandez we we followed up and that report reads as follows on Monday 22524 Sergeant Gallagher detective nandez signed to license premise unit responded at the green dragon to speak to staff regarding a prior assault and battery incident report that incident happened on March 16 uh 24221 654 that's the Bon police report number tactive spoke the person in charge Miss Kea mcgonagal who stated she was aware of the incident but they had not been working that evening Miss mcgonagal was informed by detectives to have the owners preserve any and all surveillance video of the inent as a result Sergeant Gallagher issu a license premise violation number 021 043 fora and Battery employee on Patron M mcgonagal assigned to and accepted the notice uh that is uh all I have thank you it does appear that there's one additional supplemental report that uh has not been ritten to the record yet from y uh yes um I have a report uh written by off seus on sign the AL Tango 55 Z the report you're referring to sir yes that's the one yeah officer seus assigned as the alpha Tango 55 while in the A1 station was stopped by the victim Mr Michael sheno who stated that he wanted to add that he was also assaulted by his friends the night of the original incid report he stated that Shane andison unknown dat of birth was mad that he been thrown out of the above and he had choked him and that Jeremy Andrew's unknown date of birth may have grabbed and pushed him he stated further that while this was going on that uh he may have an elbow Stacy Edwards and Heather articulus were also trying to get away from both Shane and Jeremy that's that last report sir thank you very much U Miss Summers would you like to address the alleged incident uh yes so um from what I was told the uh doormen were approached by a a female saying that she had been touched inappropriately by the patron the doorman went over to ask him to leave um he became aggressive uh two doormen um that went over uh the pat became aggressive and went choked one of our doormen they then did go to the ground and fought uh and then got him out um we management was unaware of the incident until the patron had left um and got police that was on the street uh and then while he was outside his friends came out and he got into a fight with them the patron with his friends um we did let our dman and our manager go from that um day uh because there were a series of incidents that occurred on on March 16th thank you anything further you would like to add before we move to questions from the board uh no thank you chairman Joyce we'll start with you any questions my only question is how many staff did you have on that evening uh four Dorman and our manager our general manager as of the Summers pubs also came down when he had heard um of an incident over our radios so the two two of of the four doormen left to approach this guy that they had been informed had um yeah okay so our polici to go in twos okay I have no questions commissioner Karin uh I don't have anything I'm sorry thank you commissioner Saxon nothing REM me thank you thank you the board will take this matter under advisement and calling item number seven which concerns the same licy John J Summers Co in doing business as Green Dragon Tavern located at 11 Marshall Street date of the incident March 16th 2024 overcrowding 215 found on mechanical count capacity 149 in violation of math General Law chapter 138 section 64 and board's rule 1.03 J and 06a and F who's present on behalf of the lcy uh Noel Summers thank you and who's present on behalf of the Boston Police Department William Gallagher again thank you and are there any other individuals with firsthand knowledge of the alleged incident who wish to testify detective herand needed thank you you have all been sworn in already this morning uh Sergeant detective gger if you could please read the police report into the record yes on 316 2024 at about 1:15 p.m. Lieutenant detective Adrien Troy Sant detective William Gallagher detective Eddie Hernandez along with BPD area A1 detective s detective soluchi detectives MCD deal conducted a licensed premise inspection of the green dragon at 11 Marshall Street as detectives enter the premise they observed it to be quite crowded finding it difficult to pass through thinking that the premise had exceeded its arent loow detectives conducted a mechanical count which resulted in 215 persons being found the premise has a listed capacity of 149 the results detective count was given to the manager Mr Michael Olen who stated he would bring the premise into compliance on 318 about 2024 at 11:45 p.m s detective Gallagher detective herandez signed a license premise unit delivered a license premise inspection notice number 018 050 to the green dragon for overcrowding 215 on mechanical count capacity 49 notice was signed by Miss hea mcanal and uh those uh facts thank you Miss Summers would you like to address the alleged incident uh yes um so first I'd like to apologize and show my extreme embarrassment uh that we would ever be over capacity after over 30 years um in the in the business we take it very seriously um the Dorman that we had on had been with us for a few years he's done same St Patrick's he knows our capacity um we also had meetings prior to that weekend saying to be under capacity um by at least 10 uh and so those things not followed led to um us also letting go of the management and the doorman that was on uh doing the count um it's just inexcusable thank you we'll see if there are any questions from the board at this time chair Roman Joyce thank you I have no questions commissioner curan not for me thank you commissioner Saxon no questions thank you thank you very much the board will take this matter under advisement as well calling item number eight brood intentions LLC doing business as the fourth wall located at 228 Tremont Street date of the incident April 6th 2024 persons under 21 in possession of alcohol on premise in violation of Mass General Law chapter 138 sections 34A 34 C and 6464 he who's present on behalf of the ly uh attorney carollyn Conway 350 West Broadway on behalf of the ly and I have with me today Mr Derek Brady who is the principal of the leny and though I haven't seen him we're also we have with us uh Mr Rick morard who was the person in charge on the evening question thank you I do not see Mr morard if you're with us if you could please turn your camera on so that we can s you in in the meantime he did he did tell us he was here okay uh I do not see him but in the meantime I will ask who is present on behalf of the Boston Police Department I am DET hernandz thank you and are there any I think we could go forward without Mr Mor Ari if if if that would suit the board chair would you like to continue yes s okay uh are there any other individuals with firsthand knowledge of the alleged incident who wish to testify I check to William gallager if need be thank you can you all please raise your right hand do you s to tell the truth the whole truth and nothing but the truth I do I do I do thank you detective Hernandez if you could please read the police report the record for the board good morning I'm gonna read from police report which I wrote on Saturday April 6 2024 signed detective William Galler detective EDD Hernandez assigned to the BP license premise unit conducted license Prem inspection of the fourth wall as detectives walked into establishment detectives observed six patrons drinking alcoholic beverages detectives these patrons looked young and asked them to produce identification to confirm their ages initially all the all the patrons said they were 21 years of age upon further questioning was determined that two out of the six individuals were under 21 years of age Upon A further investigation the underage patons rep postively identified as Sharia julakanti with the frin South Carolina driver's license and Angelina to safu with the Frozen Connecticut driver license both individuals will summoned at the court for persons on 20 position of alol and false misuse an R&V document detectives brought the situation to the attention of the person in charge Mr Richard Mor Ari as a result of what was observed s detective Gallagher issued license CR inspection not 021 054 for persons under 21% of alcohol on premise Mr Mor already signed for and accept the notice that's all thank you attorney Cony would you like to address the alleged incident uh yes um May first detective Hernandez Mr Mor already was cooperative with you is that correct yes ma'am very okay um this is basically a restaurant that is in the Theater District our clientele is mostly theatergoers that night we had a doorman on and Mr Mor arti unfortunately the doorman had to go downstairs to the basement to retrieve something and these individuals walked in Mr Mori arti was the first to um he did card them at the bar he believed that the identifications were valid and unfortunately they were not so what happened was is that uh we the doorman who is normally very good and as the board can see from our record um that we've operated we've had basically no violations especially since covid and um the two individuals got passed us uh so it was the Pres the the doorman being downstairs that unfortunately these people slipped through we have reviewed our procedures since re um getting the notice of this violation uh We've uh not only U our uh employee meetings and what's going on but we've also put new equipment at the um front door new scanners and all of that we do are going to get you the applications that the bus and police use so that we can up our game if you will uh we don't we don't really have a problem with miners on this premises but we will do everything that we can to ensure that this does not occur again thank you anything further before we move to questions on the board I believe Mr Mor Ari is CH has has joined us yeah I am yeah oh thank you very much Mr Mori if you could just please uh raise your right hand for us we can sweare you in do you swe to tell the truth the whole truth and nothing but the truth I do thank you I may Mr marar did you hear my presentation to the board I did and that and that you basically agree that they were the facts that is that happened that evening yes thank you uh anything further return Conway before we move to questions from the board no I just wanted to make sure that Mr Mor already you know acknowledged the presentation thank you uh chair and dce any questions so can you tell me a little bit about the Staffing um at the door is it just one person you have at the door on a Saturday night I could talk to that if you'd like Carolyn go ahead yeah so the establishment is less than a 100 people for capacity so we it's it's not a very big place and usually it's more of a restaurant style place where we feed theater before and after theater um so we usually put one person greeting people at the door checking IDs and then a person behind the bar and a server um in this situation the person that was behind the door was at the door had run downstairs to get supplies for the people that were working behind the bar um it's something that got through as an oversight but it shouldn't happen that way so in the future what we've what we've done is we've instructed door guys that they have to stay at their post at the door continuously through the night without without fail and if something is to happen where they need to go downstairs to grab something for the bar then the server or somebody else has to be at the door we've also gone ahead and got a an ID scanning machine to put at the door because these were fake IDs that got by us I I think they were pretty good fake IDs and nowadays they all are so um the scanning machines that we use in our other establishments we got one for this place as well um and and honestly we just hadn't got one for this place because we kind of deal a little bit more with restaurant crowd than we do with young students those I said we we we we've reviewed our procedures and have you know we will upgrade them and but we intend on remaining basically a restaurant um if you read the Y reviews and everything it has great food in the Theater District and that's the clientele that we target we we want the people going to the theater and coming out afterwards we don't want to run we don't have a young crowd we don't want we don't want to attract them thank you um I have no questions commissioner Caren or commissioner Saxon I'm sorry I just want to clarify they they were missed at the door but did you say they were carded at some point they they were carded they just didn't get carded at the door um and they were carded with apparently they had fake IDs yeah okay Mr myy already carted them at the bar yeah they they came in and they all came in kind of all at once it was a it was a little group of them so I just before he they tried to order a drink right away I just grabbed their IDs right away okay and so what's the the training or the procedure regarding you know youngl looking patrons with out of state driver's licenses so we go ahead so the training is just check the IDS make sure that they look valid make sure the picture looks right and all that and I looked when I looked at them they all looked valid to me they all were almost the same and then I think there was only one of them that was a different state than the rest of them the difference that we're making in this is we're going to put a put a machine in that'll help with the with the user error because the IDS are are very good nowadays okay that's all I have thank you commissioner Saxon any questions um detective Hernandez did you see the fake IDs or any of the other officers they were at Connecticut in South Carolina uh we we did uh we did look at them uh you know the technolog is out there these kids all have them I don't believe that night they were scanning uh we did scan them in they did come back as fraudulent thank you thank you anything further from the board just one comment your location is pretty close to Emerson right um Emerson and suffk yes you you are correct so just given that you're so close to these two colleges where there are often underage people you are probably making a good business decision by having an ID scanner you can't rely on that either some of these ID scanners will scan something that's valid that's invalid so you should really think about that as you move forward and I'm going to request at this time a written copy of your um operating plan security operating plan so we can we're happy to provide one okay of course thank you anything further from the board at this time board will take this under advertisement as well thank you thank you before moving on to the final item I will take a second call to see if we have joined by Mr cus regarding item number two Royale Boston Ballroom Corporation I I do see that the iPhone belonging to Mr delpo is back on on the phone with us Mr delpo um have you been able to contact Mr cus Mr hello can you hear me we can hear you oh great thank you I made a 100 phone calls and you know in the last 10 years judge and I have been coming to all the meetings judge has never missed a meeting I have no idea what the problem is here and I'd like to Mr delet are you still there you cut off mids sentence I said in the last 10 years George Kus and I have come to all the meetings George has never missed a meeting I would like to know if we could resched this meeting please sure how would you like to proceed reschedule I'm sorry I didn't hear you madam chairman we can reschedule please contact the office later today item will be rescheduled to the next available hearing date and that concludes the license perise inspection hearings uh the final item number nine is a cancellation hearing the lense e is the Russian benevolent Society doing business as Crystal restaurant garage room located at 14 to20 lyen Street in Alon this is a follow-up the board held a mandatory informational hearing on November 14th 2023 at which point the LIC C was put on notice of the potential cancellation of the license due to non-use in violation of Mass general laws chapter 138 section 77 and section 64 we are now more than 6 months uh post uh the lcy putting put on notice of the cancellation who's present on behalf of the ly thank you attorney green Madam chair members of the board lesie Delany Hawkins on behalf of the license seat with me today is my co-counsel attorney Kurt leer Alex Matos the manager of record is President on behalf of the ly and finally with us also is Surin Kion who is the owner and operator of the jna grill in Watertown will will provide more context regarding his presence as attorney green stated we are obviously ly aware that this is a cancellation hearing this is not to discuss a transfer when we were previously before the board we were had entered into a lease agreement with a group called Sound Logic to sell and transfer the license to that group to be operated at this location unfortunately some logic was not able to comply with the terms of that agreement which resulted in the relationship between the parties as landlord and tenant being terminated and sound Sound Logic no longer has the legal right to occupy the after that the client reached out through their contact looking for another buyer to come in and operate an establishment at this location and that is when they were connected to sir and keran who operates the J Grill in Watertown uh should this license not be uh terminated by the board at this time the leny intends to enter into a lease agreement and a purchase and sale agreement uh with Mr Kion to open another Mediterranean restaurant at this location again given the timeline and the this hearing being held there's no agreement in place but they're actively being uh being negotiated should the license not be cancelled the license who takes this cancellation extremely seriously and they have been diligently uh looking for a buyer to come in and operate at this location one of the uh very appealing aspects of the J Grill is that it is a restaurant with an outstanding existing reputation as opposed to a strictly nightclub concept that as the landlord the Russian benevolence Society believe would be a better fit for the neighborhood the Russian benevolent Society has no interest in ever opening up uh as the leny at this establishment or having any involvement with any operation of this establishment other than strictly being the landlord and that's why they are actively seeking to sell and transfer the license pending obviously the the board's non-cancellation and eventual hopefully approval of a transfer um at this time as I said we anticipate should we be allowed to proceed finalizing the lease agreement and purchasing sale in the coming weeks and promptly filing for transfer application while we go through the community process with with this new proposed operator um again obviously this is all up to the discussion of the board and we simply ask at this time that we'd be allowed to continue updating the board uh weekly in writing if necessary at the board's discretion to allow us to continue moving forward to cure this nonuse and with that I ask attorney bler if you had anything additional to add uh just briefly obviously we all know the history of of what's happened at uh at The Establishment and we have actively been pursuing trying to find somebody to sell a license to that could utilize the space uh we believe that uh Mr Ken is a good is a good candidate for that and we are hoping that the uh that the board would see to or to not cancel the license at this point allow us to pursue that and to continue negotiations to finalize that deal so we can bring that back before you thank you attorney Hawkins attorney Blitzer um see if there are questions from the board at this time chair and Joyce I do have questions um so December 12 2024 we were all together for an informational hearing to consider the request to lift the indefinite suspension do you remember that Mr matov yes and at that hearing your attorney stated the license was going to be transferred to a new operator and then you interrupted them and said you don't want to transfer the license after all um I misunderstood the process of now I fully understand the process so why don't you explain that what didn't you understand because you were before us in December telling us it was going to be transferred and then you said you didn't want to transfer it so explain to me how you've come to understand during the process yeah well first of all hello everyone um to my understanding we are we were supposed to transfer the license uh with the future uh possession of the license of a new uh entity as it was explained and my misunderstanding was that uh the uh transfer of the license is is a sale of the license from the beginning and that's where my misunderstanding was so you understand you're selling the license correct and you didn't you didn't want to do that before I I just didn't understand that's uh that's what about this I don't understand how a businessman like you who's been in the business for years didn't understand that two attorneys that are guiding you how did how did you not understand that uh well I I needed to understand what's going to happen if uh the group is not capable of carrying forward what's going to happen to the license itself uh there were still several question that remain that I should have asked you absolutely right I should have known before engaged into the meeting but we cleared up since then that misunderstanding and I'm in full understanding of what's going to happen next so recently when did you start having conversations with Mr curan we're all under oath since moment uh since moment uh when we we start looking for a new entity once we it was became obvious that the uh sound Logics is defaulting okay they were paying you rent correct uh up to January they were okay um so in January they stop paying your rent and you understand that there are not a lot of liquor licenses available in the city there's a lot of interest a lot of people looking for liquor licenses and should we decide to cancel this one it comes back to the city and you get zer for it and we get to give it out to somebody else I do realize a little bit about what you've been doing to find an operator uh well uh we've been uh uh through our contacts uh through uh the network of people that we know we've been uh since we had very limited time we've been trying to find a body that would be suitable uh for this license and have you worked with your attorneys to find someone uh we've been working all together but yes uh and this is how we came across and there were several entities that came came by and Jan gril seem to be the most suitable one for the transaction what were you looking for in the sale highest bidder what were you looking for uh we work with both your attorneys a lot and I know they often work to find licenses for other clients I'm was kind of curious why here we are last Friday I got a phone call that it was a verbal agreement after six months verbal agreement to me is not anything close to a purchase and sale or a lease a verbal agreement it's like we might be interested and please come to the hearing and say you want to come in the space so tell me a little bit more about this I'm not I'm not completely convinced that this is anything more than a promise to come to the hearing today to say you're interested in the space so you don't uh we we have no intention of continuing working in this envir in in in the business of restaurant or Club of uh we we understand what's going to need to happen uh and we are actively and been actively looking for the right of company to step in uh and as I mentioned there were several other companies uh we we're careful to make sure that we're not going to engage with anybody who have not been in business before uh who has no reputation because obviously Sound Logic that we thought that we have a interesting young vibrant group that's steing in uh that they didn't have much of experience prior and we see now how how it fired back and so we from that point on the search was for a credible uh company that's capable of conducting this business so um can someone give me a little bit more information about where you guys are in the negotiations Friday I heard it was a verbal agreement we were waiting on drafts of things um we bu on you're asking me to extend this license like I could cancel it Thursday and it'll come back to me so tell me what you want tell me what we're doing here as far as a business deal so on the business deal what we're trying to do is we have uh agreements with Mr Kiran to lease agreement in a uh purchased sale agreement which we are negotiating on at this present time he has been in discussions uh uh with Alex's partner and they are working out the details of that which we are putting on paper for them Mr curan have you seen this lease agreement or this draft purchase and sale yes uh so we're talking um about the Elise agreement don't only think it's pricing and some um some conditions that I want to have before I go inside uh but it's mostly ready and we have uh I believe we can do it during like a couple days maybe maybe one week uh we can finish it if uh so it's almost done I believe so when was the first time you saw it when was the first time you had conversations with Mr matov um first time I'm not sure but I I I don't remember the date but it was about first time I've heard it about like a two months ago I went to a restaurant I saw the place uh um even even three months maybe three months ago it was like a beginning of this year um and then um I didn't like it I didn't like it in some reason and then I came went back after one months like two months ago I think so months ago and then we started negotiations and so you're stating that there's just a few things left for you to talk about with their their team um I'm stating that um that's it's in negotiations and I believe I hopefully we're going to do it like if we want we can do it like in a couple of days I believe so um just very few things left and you plan on having a Mediterranean restaurant yes I I'm going to continue my concept the concept that we have right now and just the only thing why I need larger space because my that's J gril is too small and in this space it's it's very big and we can put more people there and um it's going to be like uh I need a liquor license I need entertainment license this this is the main thing that we're NE negotiating okay uh commissioner Saxon commissioner Kar you have any questions um I just want to be clear a limiting factor here seems to me and correct me if I'm wrong is you're not willing to Market this on on an open market correct oh it's been on the no it's been on the open market I've seen advertisements for it okay so it's been marketed on on the open market for someone to buy it and take it somewhere else uh hopefully the goal was to keep it there no I I get that was a goal that's fine I just wanted to confirm had it ever been marketed in another manner you did been a lot of conversation about that yes yes okay all right thank you I I I was um you know wrong about that thank you um and how would this propo the one the proposed purchase right now be financed and would there be a pledge back this is something that we in discussion right now hopefully we'll finalize it soon and that's basically the final Strokes of the agreement you're talking about yeah there most likely would be a pledge back you know for security obviously so it it's not going to be financed I don't know that I don't know that yet we we don't know that yet our goal would be for it to be uh fully paid for but but that's been a problem it's I don't know that's a problem it's just it's just a final detail okay and you know this this cancellation hearing was noticed you know about a month ago a little less yes you know why why wasn't this finalized a week ago instead of a week from now couldn't get it done you know negotiations with with uh pricing and details even with the the weight of this hearing coming up it's Gotta it's gonna be done in another week obviously on our side we need we needed it done but we couldn't that we couldn't force that down Mr kyan's you know group okay thank you that's all I have thank you commissioner Saxon I just I there was something that you said Mr Ken did you said when you first saw it that you liked it or did not like it the space no when I first saw it it was too much expenses and I didn't I didn't like it it was like three two or three months ago I'm not sure and then second time uh we negotiated and then uh some some improvements and if it's improvements will be done so I like it I like the place I'll take it it will be done by the landlord I mean this is the main thing that pricing uh in details that's main thing we're negotiating so and the rest it's everything is perfect for me it's everything is perfect so I'm I'm ready from from my side so you're you're all ready you're just waiting on Mr mat's attorneys to do their part um we're we're negotiating so I told what what how negotiations is going so I told what I need they they uh tell me what they want to do and I'm telling what I want to do and then uh it's I believe we can we can finish it during like during a couple days one week if you want attorney blo do you think your side is prepared to do this within a week um let's say this way to be in safe site two weeks okay know we get it done this week as of a holiday but I think a couple of weeks is is sufficient to have it done I'm just asking both you and attorney Delany Hawkins to be honest and realistic with us like give us a a realistic timeline I mean when I got the call Friday that you only had a verbal agreement I was not pleased after waiting six months for you guys to come back so what's a realistic timeline I would say three weeks is realistic only because the next week and a half is a problem for me and so I agree I think that's realistic again it's just those final deal terms that we need to incorporate including the financing and the price any further questions or comments from the board so my question for the attorneys would be if we're voting on this on June 27th if we you know saying three weeks that skips our sixth uh meetting meeting for voting uh is that a problem no no no anything further from the board anything further from uh attorney Hawkins or attorney Blitzer no thank you okay with that the board will take this matter under advisement as well these are all the items before the board this morning that will adjourn this hearing and the board will convene to vote on Thursday morning at 10:00 a.m. notice has been posted at the city's website thank you all and enjoy the rest of your day thank you you too