good morning we will give just a moment to clear the waiting room as a reminder to those who are entering from the waiting room please do remain on mute unless or until you are appearing or testifying before the board we will give just another moment to make sure that the waiting room is cleared and that those who have joined have connected to audio and can hear us good morning this is a hearing before the licensing board for the city of Boston today is Tuesday April 30th 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 site before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce good morning my name is Kathleen Joyce I'm chair of the Boston licensing board and today I'm joined by commissioner Kiana Saxon and commissioner Liam Karin thank you please ensure that your audio and visuals are working properly I will call each item in the order that it appears on this morning's agenda I will then ask who is present on behalf of the lcy who is present on behalf of the Boston Police Department and whether there are any 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 Len or the representative will have the opportunity to make a brief statement followed by questions by the chair and the Commissioners all testimony will be limited only to those individuals with firsthand personal knowledge of the alleged incident we begin with the first item on this morning's agenda calling item number one Boston Ballroom Corporation doing business as Royale located at 279 Tremont Street date of the incident uh December 13 2023 assault and battery employee on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A and failure to call 911 in violation of Mass general laws chapter 138 section 64 and board's rule 1.14b who is present on behalf of the leny George CIS thank you Mr cleous uh who is present on behalf of the Boston Police Department detective James Walsh thank you and are there any other individuals present who wish to testify on this matter I have another manager I don't if she's having trouble getting on uh she's uh I'm actually Elizabeth y thank you uh ma'am if you could please just identify yourself for the board yes Elizabeth malakis thank you can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth yes thank you detective Walsh if you can please read the police report and the record for us about 705 p.m on Wednesday December 13th 2023 officer green ass sign of a front desk at A1 took assault and battery report Joseph Nunes 11181 stated he attended Royal nightclub 279 tremon Street Boston between 11:30 p.m. on Friday 1282 24 and 210 a.m. Saturday 12923 n Nunes stated he was showing a friend around the club and heading back to his section in VIP while trying to go up the stairs an unknown bouncer said quote nah n nah you ain't coming this way end quote Nunes explained he had a VIP SE ction the unknown bouncer replied you ain't coming this way I ain't the one end qu Nuna said quote I ain't the one either end quote and walked away at the end of the night between 2 am. and 2:10 a.m. as nun W was walking a female to the cooch the same unknown bouncer was there the bouncer threw hands up and said quote yo what's up end Nunes said what's up end the bounce ran towards Nunes and grabbed at his neck causing his chains to break Nunes stated he was falling back and grabbed the bouncer to balance himself another bouncer came from behind and grabbed his neck to the point where he could not breathe Nunan stated he is experiencing pain in his neck shoulder and knee the victim stated he also had a red line on his neck where his chains were ripped off Nunes has spoke to the promoter about the incident but feels nothing is being done done about about 10:30 p.m. on 1229 2023 detective Walsh and Sergeant detective soluchi issued a licensed premise violation number 17309 to Royale Nightclub at 279 Tremont Street the violation was for employee on patreon assault and battery and failure to call 911 manager George civas signed and accepted the violation I do have a few investigative notes that I'll read on December 19th 2023 I spoke with the victim Joseph Nunes who stated the same fact facts as the report States said he says he does not want to press charges but wants to be compensated for his chains that were lost or stolen during the incident worth about $110,000 he said he spoke to the promoter George peon and Royale manager George civas I called George cus and told him to save the video and give me the names of the staff involved on December 29th 2023 I texted uh manager George cus again about video I received a text back uh of a cell phone video that was taken during the incident from the fight uh it was a blurry grainy video but it does capture the end of the incident he did provide me with the staff security names uh Jamal Chambers Kenton Bennett and Aaron Harvey uh I spoke to George civas he stated they going through a camera upgrade and that the camera that would have captured the incident was blocked and did not capture the incident myself and Sergeant detective soluchi responded to Roy Allen spoke with George kis checked for the cameras and they did not cover the area that it happened at uh we issued the license premise I spoke with the staff first I spoke with Kenton Bennett who stated he and the victim had an incident earlier in the night where they had words about not being let about let through to a certain VIP area and then again saw each other at the end of the night and the victim called him the n-word Benton the security staff stated he grabbed the victim's shirt and the two went to the ground and wrestled until another one of the staff Jamal Chambers grabbed the victim off of him uh staff Benton said he saw the chain fall to the ground but did not see anyone pick it up uh staff security Jamal Chambers stated that he saw the two fighting and grabbed the victim off and put him in a Full Nelson and escorted him out he stated the victim punched him in the face during this uh Erin Aon Rodriguez uh another staff said she witnessed the end of the incident but not did not see the chain fall to the ground and then again on January 23rd I spoke to the victim again I showed him the video that I had received from George k of the incident and he stated he did not want to pursue criminal charges but uh May pursue the matter civy that is all I have it this time thank you detective uh Mr cus would you like to address the alleged incident you are currently on mute I'm going to ask you to unmute there we go how's that great we can hear you um yeah I don't know if they did know know each other um you know it says that the uh my security chased him over the coach check the video show the two of them right next to the stage the coach check is completely at the other end of the club so uh that didn't happen um and that showed in a video because it took place right where uh this uh security uh person was uh posted right next to the stage um detective wall said yeah we provided video um and I had him talk to the witnesses all that's uh you know do whatever I can to uh help out um and straighten things out uh the new camera system isn't place by the way it when we were they finished it off and so now I have cameras uh that show not just the blind spots we had um but it covers the stage area from different angle where the lights won't blur uh the video out they also they also have Sound by the way the new cameras so you can actually hear what's going on too uh it's all fully functional now U the victim Nunes um I spoke to him at the door that that night um to to because I they called me down there and uh I uh you know told them I can do whatever do whatever I can to you know look look at video Whatever try to see what happened to his chain um I never saw a chain on the floor there was a piece of a a little piece of a gold Chade there but uh that was all that was found at the end the to George Pion does not work for me does not work for us he's he's a a table Booker promoter for the Big Night Live uh group uh the clubs that they have uh uh the ones in the uh Seaport area and and also next to the Garden so he he contacted me I don't even know how he got my phone number but um you know he wanted to uh see what see how he could help me resolve the issue um this kind of stuff uh I don't want to sound like Chucky but Tello but you know we don't tolerate this um after uh this is all said and done uh we took a uh K Bennett off the schedule um and uh in the meantime we've had the U we have meetings all the time and talk to staff all the time about you know how to handle something like this you know doesn't matter what they call you you know uh unless they're unless you have to defend yourself uh you know you don't go after somebody you know for what uh what what they you know they call call them the nword um uh what else uh I think that's it um I don't know what else to tell you uh you know we're open so much and we have so many nights and you know we do the best we can to keep uh keep things uh uh you know quiet as far as far as the police um not calling 911 this is right at the end of the night there were police pres on the street but um we were emptying the club out right at this time so uh I didn't really see the fight myself I just saw heard that there was something going on um by the stage and when I came out everything was all done so I didn't know about this and and exactly you know how things happened until I went downstairs and talk to uh to nunz and uh you know by that time you know the street was a mess and uh we were getting you know all the clubs were empting out so but they were police president I told me more than welcome to officer right right up the street right there you know that's it that's what I got so sorry go ahead yeah sorry um in the police report says the unknown bouncer replied you ain't coming this way you're telling me he didn't work for you no no the promoter okay so tell me about the promoter the promoter who was calling me was blowing up my phone um George Pion he he works for Big Night Live but what did he have to do nunz booked uh uh kind of went through him to to get a hold of ouro he books tables there a lot the okay thing is this guy went out of his way to get get get to me from different angles see what I could do to help him out okay how many um security bounc staff did you have working that night geez it was kind of a busy night uh 18 15 to 18 did you take any notes after learning that um this happened or from that evening yeah I I I was reading off a lot of the notes [Music] okay uh will you share the cell phone video with us uh yeah yeah detective wall Shar it and I I have it still on my phone okay and I'd also like to see a plan of your current video upgraded upgraded video system AB I'd like to see where the cameras are just want to note that um the audio is illegal in Massachusetts you can't um record someone's um audio without their permission so you might want to turn that off on your system I your videos would not be um admissible if you're I love I this is great because I didn't want the the the audio in myself and uh um I didn't know that so okay thank you very much for that I'll I'll I'm going in it later on today anyway I'll Rectify that okay so it's unclear to me when someone on your staff um you know why they didn't you know why didn't they follow up more directly it's just the way the police reports written I can't tell at what point someone other than this bouncer became aware of what happened that works for you what do you mean that when when the incident happened that so when take the bouncer out of the um narrative right now when did management or someone that works directly for you become aware of this incident uh we came aware when right when it happened we we you know everyone's got radios that's why I I ran out of the uh uh office my office area front to go back by that time it you know it it was it was like three seconds it was pretty fast okay um because they were having verbal exchange over there and that's when uh when he when he used the nword um uh what I was told was that uh couple the Jamal and and a they were already aware of what was going on they were they were right there okay commissioner sax commissioner Crown you have any questions do you have a deescalation plan I know you said that you have been training your staff um about not responding physically to um verbal assaults like that but do you have it in writing uh we just yeah we as far as de escalating the main thing we do is uh there's the radio call and management and the head head of security Elizabeth you know I'll one of us or all of us will be there and you know intervene stop it but also my whole staff is trained to to like if if two guys are verbally going at it they'll escort the one of my staff was having the problem away and take over the conversation to to deescalate it we you know we remove one of you know one of the people from from anything getting physical you can you can send that deescalation plan to usk you uh can you submit your written notes to us I was just your narrative is kind of hard to follow and you said you had notes about what happened it just be good to have them in front of me as we deliberate yeah okay um the video was it taken with a cell phone uh yes and it was sent to me okay who to who took the video I that I don't know somebody sent it to uh uh uh the table one of the promoters and then the promoter sent sent showed it to me and sent it to me so I don't know exactly where it came from but it was great because the cameras that uh that are face the stage you can't see much uh because of the lights and uh and then part of the balcony blocks out there right underneath where the stairs are there if you're looking at the stage on the rightand side but you're saying the the video shows that it didn't happen near the coek correct yeah it happened right next to the stage which is the farthest away from Place away from from the coach check the coach check is when you first come in the club stage is you know all the way at the other end but what what I said was that he um Captain Bennett did not chase this kid down this kid approached him okay wait for the video thank you sure thank you any further questions for Mr cleis or for Deval from the board I know Elizabeth you are with us as well and you've been sorning did you have anything further to add for the board uh you are also on mute hi can you hear me now we can okay yeah um just to kind of elaborate on what George was saying I think it's from like the report it's a little hard to understand the exact situation and I think it's a little a key factor is so where Kenton Bennett was posted our security he was by the staircase which is right next to the stage and the purpose of that staircase being closed off is because that you know was accessed only for you know the artists that are in it has access to the Green Room so that's the reason why we always have the security posted right there and um to get up to the balcony tables the VIP tables where uh Mr Nunes was claims that he was trying to get there are other staircases you know on the opposite end of the club which are by the coach and on you know the far right side to the club so when he was denied um entry going up those stairs you know that that would have been the reason why um a lot of times during the nights you know you know people have had a few drinks in them whatever anytime they have like a table up there we we run into incidents frequently where people will be like you know why can't I go this way and you know you try to explain to them why those stairs are closed off um again not saying that you know this is one person's fault or the others I'm just trying to give you guys an understanding of why the security was stationed right there and then as George said um I think it's very important that key fact that at the end of the night that the security was still in his post he never left the that you know the entrance of that staircase Mr Nunes in order to have come off the balcony where his VIP table was he would have had to come off all the way on the opposite side of the club down the other staircase and literally walked across the club to where the security was posted you know in order to have this confrontation again so again not saying in any way that you know security had a right you know to put hands on him or anything what this alter this altercation happened you know due to their exchange of words and whatever you know led up to that but I just think it's important that the you know to note that the security did not go after Mr Nunes he did not try to like continue this or instigate it so question are you are you saying that the Security's response that I'm watching on the video right now is because of the verbal argument they had the video and you're saying it's a verbal argument and this is by any not by any means that it's appropriate I'm just I just want to just note that because I think the way Mr Nuna told the story it was kind of saying that like he was going to coache you know bringing a girl to coache and that security approached him where as the security never left the post that he was at which would have been at the bottom of those stairs regardless the punching the um you know looks like he's in a he's being held back what does that to do with leaving Post in no way are we saying that that was correct what happened that that was okay we have an absolute zero tolerance no matter what the situation is you know we want to see we want to see in writing by the end of the day your deescalation plan your security plan where your cameras are we want to see your notes George about this night and um as many details as you can share with us okay um uh you want that you want that today yeah we're voting tomorrow okay all right um I'll have to I mean this was December this was December so I'm assuming that you took this serious enough and you have all the stuff easily available so we're voting no I I have it I have to physically deliver it to you I guess okay unless I could fact it uh you can email it to us if you'd like um deliver it but we will be voting tomorrow so um I appreciate that and just for the board's knowledge uh we have just been sent the video from BBD during this hearing it is being uploaded into the folder right now for you to view okay all right so you have that um the other that video does not it shows the end of what happened so I don't have the you know we how why don't you submit your notes and explain that since you have no other video and your video camera was videos were middle of being upgraded so since that's all we have that's all we can go off of so please put some stuff in writing to supplement what we have in the police report so we can consider it before we vote tomorrow okay great all right thank you any further questions from commissioner car owner commissioner Saxon okay uh the board will take this matter under advisement and uh we have asked for uh your notes a map of where your cameras are written deescalation plan as the chair said by the end of the day that can be submitted to licensing board boston.gov and it will be forwarded to the Commissioners or can be brought in hard copy or on a thumb drive to room 809 at City Hall okay thank you board will take this under advisement thanks thank you thank you item number two has been continued and will be rescheduled to the next available hearing date calling item number three 1732 Center Street in doing business as West located at 1732 to 1736 Center Street in West rockbury date of the incident December 1st 2023 assault and battery Patron on employee in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A assault and battery employee on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on Patron in violation of Mass General LW chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny is anybody on with us on behalf of uh 1732 Center Street uh West on the center yes sorry sorry we're sorry uh had we're having problems with our Zoom sorry hi hi great thank you for being here we see you're on camera if you could please identify yourselves for the board uh my name is Sarah Green I'm one of the managers and I'm Joseph Green I'm the owner okay thank you very much for being with us who is present on behalf of the Boston Police Department uh if Detective Williams or officer Rosado w't here Lieutenant detective Troy thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning can you all please raise your right hand uh lieuten at try thank you do you swear to tell the truth the whole truth and nothing but the truth I do thank you lieutenant Troy if you could please read the uh police report into the record for us uh reading for a report written by uh officer Rosado uh Rosado uh on December 17 2023 about 109 amm officer Rosado and ho um onsite of the fight outside west on Center Street at uh 1732 Center Street West rockbury also responding was uh detective CL or I'm sorry officer clari and Detective Williams while in Patrol officers observed what appeared to be an altercation outside the West on Center Street on further investigation officers observed a white male later identified as John McGaw appeared to be bleeding from his forehead when asked about what happened victim stated he did not know what happened officers then spoke to the restaurant Bart tent uh restaurant bartender uh identified as Patrick MCD who stated that the victim appeared to be intoxicated and g into a verbal dispute with another Patron um Mr MCD advised the victim that he needs to leave the premises uh suspect to um Mr McDonna stated the victim uh became verbally aggressive towards him and refused to leave uh Mr McDon then stated that he was he then escorted the victim out while outside a struggle ensued and um Mr mcdna punched um the other individual Mr McGaw uh multiple times in the forehead causing El laceration to his head EMS responded and transported the victim to uh West Roxbury VA hospital for medical treatment um Sergeant detective Brown responded to the scene and conducted a license premise check there's a supplementary report by Detective Williams and it reads as follows following the response of um officer Rosado and hoe and uh Detective Williams and Clarity to the West on Center Street um for an altercation outside troll supervisor Sergeant detective Brown arrived and conducted a code 35 inspection on the premises Detective Williams spoke to the bartender uh Patrick McDonna uh who had an injury to his right hand and stated that he saw a verbal altercation developing between two customers seated uh at the bar when he intervene intervened to diffuse the situation by asking both parties to leave The Establishment one party of black male with ponytail respon responded by getting up and leaving the other party a white male in New England Patriots shirt uh later identified as Mr mcowan became argumentative and wouldn't leave the bartender then escorted that party outside upon reaching the door that party began to actively resist and fight the bartender who responded by striking him in the forehead with his fist the individual with the Patriot shirt that's Mr McGaw uh was found outside by officers bleeding from forehead laceration was treated and transported by EMS and he refused to say what happened Sergeant detective Brown after speaking to the manager Sarah Green issued the license premise uh violation for Patron on Patron uh and employee uh statements on uh body worn camera I don't understand what that means um that's the extent of the reports thank you very much uh Miss green Mr Green would you like to address the alleged incident um well Sarah was there but um so I think it that pretty descriptive of uh exactly what happened so it was just a verbal argument uh at the bar uh Pat went over um I think I think we did the right thing we put one of the um one of the gentlemen uh we asked him to leave he went out the back door and then Pat was escort escorted this uh gentleman to the front door um and he was just uh Sarah can speak to it more but he was just he was just aggressive and and um and argumentative and uh Pat is a very nice gentleman he brought him he said you had to leave brought him outside and then he just got into a tussle with Pat and hit Pat a couple of times and Pat just responded that's basically it we called uh you know we then I think Sarah called 911 um you know was towards the end of the night there wasn't I can't read how many people were there but there wasn't a um I don't think our there wasn't there wasn't a ton of people in the restaurant at at the at the time so that's about it so do you have anything um I think pretty much covered it um yeah yeah other than that it was a good night we didn't we didn't know either party u i no one knew them um they weren't together um so yeah unfortunately our staff are always trained to separate any individuals that get into an altercation with each other so this they they separated them and uh uh Pat brought this uh gentleman out to the front and there was actually another bartender that brought the other guy out to the back and he left um that was the original two that were fighting um it wasn't even a fight it was just it was more of just an argument yeah exactly so that's it thank you uh we will see if there are any questions chairman Jo any questions I have no questions thanks commissioner K any questions uh is there any video that your establishment uh we do have video yes uh I I believe when um I believe they they took video they took the video of it uh if I could uh chairman uh um that's noted in the detective's notes that the um detective William uh I'm sorry Detective Williams view the video and confirmed uh Patrick mcdonnell's account of the incident uh where where it appeared that mcgow was a dominant aggressor and had to be escorted outside to prevent uh an incident however the video is not uh um it's not attached to the uh detective's notes here so we don't have access to it okay thank you commissioner SX any questions no questions from me thank you thank you all the board will take this matter under advisement thank you very much calling item number four alasi Corp doing business as Napper tandes located at 4187 to 4195 Washington Street in Rosendale date of the incident December 5th 2023 overdose on premise times two in violation of Mass general laws chapter 138 section 64 chapter 94c and board's rule 1.13 who is present on behalf of the license c um attorney Patricia Malone for elasy Corporation John Jacob manager on record thank you and who is present on behalf of the Boston Police Department Sergeant Cary thank you Sergeant is it possible to turn your camera on so we can s you in sure great thank you very much are there any other individuals uh with firsthand knowledge of the alleged incident who wish to testify this morning thank you could all please raise your right hand do you s to tell the truth the whole truth and nothing but the truth yes thank you sergeant if you could please read the police report at the record for us I don't have the copy of the report with me off um I thought the officer would have a grp officer program would be here to have the the report lieuten detective Troy I have a copy of the report thank you reading from a report written by uh officer P Grant it reads as follows at 9:40 uh p.m. on December 5th 2023 officer P Grant responded to a report of an overdose at 4195 Washington Street naand Barn Rosendale on arrival the officer observed Boston fire department entrance 53 in Boston EMS um personnel providing first aid to two men two males lying on the floor in the pool room Lo uh located at the above address firefighters uh informed the officer that when they arrived on scene victim number one Victor P pelant was already lying on the floor suffering from an overdose while victim victim number two ishan sestan uh stated that both he and victim one uh number one snort snorted what they believed to be cocaine a short time later the victim number one fell to the floor which prompted others in the pool room to contact 911 while firefighters and EMS were providing age of victim number one victim number two began to serer at the effects of an overdose who was placed in the floor and was subse uh subsequently provided first aid as well in time both parties did respond to rescue efforts and were transported uh to Beth Israel deonas for medical treatment officer was informed by manager uh Albert Morada that he and two other employees Aaron Diaz and David Cardona were playing pool with each other when they heard somebody fall to the ground they looked over saw victim one number one on the ground victim number two trying to wake him up um other Witnesses Brian and Winona uh glass glasscock also stated that they were playing pool in the pool room at the time of the overdose as well they stated that uh they observed victim number one leave the pool room for a period of time leaving victim number two to Pace the room victim when victim number one returned they observed both parties into the bathroom with the sign in the drawer stating that was was out of order both parties did not bother to shut the the door and appear to be uh to motion as if they were snorting drugs in the bathroom a short time later they observed victim number one fall to the ground and subsequently victim number two fall to the ground as fire and EMS run seen due to the establishment being a licensed premise Sergeant Kerney was notified and it's an additional report written by Sergeant Kerney and it reads as follows at um 8:30 Sergeant Kerney performed a l license premise check at 4195 Washington Street nand's Bar um on um I'm sorry this report was written on December 21st and on December 6th about 10 o'clock two men were found in the pool room suffering from a fanol overdose um Sergeant inspected uh the licenses and were all posted and up to date and issued a license premise violation that's the extent of the uh incident report thank you attorney Malone would you like to address the alleged incident uh yes I'm just I'm just um curious ient um KY you don't have any firsthand uh information regarding this incident do you excuse me firsthand information you went in after the incident occurred yes cor okay okay no further questions yes um uh Mr Jacob is here today he's the manager of reced he um took this matter very very seriously um and I just want to say for the that the gentlemen that did um address uh the the offices that are not here today um were in fact playing who were actually off duty people and were not working um the night this incident occurred um Mr Jacob has put a number of policies and procedures in um hopefully to to curtail this type of uh incident for happening again so I'll now turn it over to Mr Jacob Mr Jacob yeah hi good morning um so this is something that's never happened I've never experienced before and something that's that I find very concerning so since the incident uh We've replaced the manager the current manager has uh approximately 10 years experience in the hospitality industry uh We've keyed that bathroom door so requires keyed entry going forward um we also have implemented a internal communication app called crew which notifies um employees of policies and pre procedures incidents um and people that are banned in in real time um we've also used a paid app for identification called int Che um which gives us the option if somebody is banned or if we have a situation like this um we can put them into the system and they're no longer permitted into the uh the premises uh these people obviously are no longer admitted um we've upgraded our camera system as well um the system that was in place had memory laps so it had recorded over before I had an opportunity to um take a a recording of it and that's that's the reason we don't have the ability to provide it and now we also have a manager that goes around and checks batrooms on a regular basis um floor and uh just general safety of the guests and the Integrity of the building and the Integrity of the license thank you anything further Mr Jacob or attorney Malone no no i' just like to say that um Mr Jacob obviously takes us very seriously he hasn't been before the board for approximately seven years um and hopefully some of the um some of these measures he's put into place um will will curtail that we'll be seeing you um in the near future I have nothing further if the board wants to inquire to Mr Jacob please thank you chairman Joyce any questions um so where these bathrooms were that had the do not use sign or whatever out of order sign how staff didn't notice them going in there the staff did uh We've a different of opinion of of of Hudson the report so Albert uh Berto um said he seen the guests go into the bathroom and he followed him in immediately and asked them to leave um they went back to playing pool and after a couple of minutes uh this chat collapsed onto the ground he went over to attend them um and then one of the other guests or or staff member called 911 um okay thank you I don't have any questions commissioner car or commissioner Saxon no questions for me thank you none for me thank you thank you the board will board will take this matter under advisement as well thank you thanks calling item number five big night venues Boston 4 LLC doing business as scorpion bar and restaurant at the Grand located at 25 Northern AB dated the incident December 17th 2023 saled battery with a dangerous weapon Patron on Patron in violation of Mass General law CH 13 38 section 64 and chapter 265 section 15a who's present on behalf of the LC e good morning Christen stanlin for the LC e as well as Charlie Kane executive director of security and Melton Howard who's also director of security thank you and I do see both of them on our screen who is present on behalf of the Boston Police Department detective uh kill's not here Lieutenant detective Troy again thank you are there any other individuals with firsthand knowledge of the alleged incident who which this matter uh this is detective mchu and I'm just having trouble with the uh thank you detective hang on one moment I've just asked you to start video something should have popped up on your screen here we go thank you very much and are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth I do I do I do thank you detective will you be reading the police report to the record yes sir uh report dated December 17 23212 404 about 12:18 p.m. on Sunday December 17th 20123 officer kavako in the fox 603 Alpha responded to a radio call for a person with the gun at 56 Cort Boulevard Boston Mass assisting on team was Fox 101 Alpha officers LR and Martin Fox 499 Alpha officers Unice offic 4 411 officer Burke 441 officer KES 421 officer burck for Fox 902 Patrol supervisor Sergeant Daniel in Fox 901 Patrol supervisor Sergeant Tully on arrival officers encountered the victim Gabriel abdomen outside of the Scorpion bar located at 58 cport Boulevard Boston Mass the victim stated that while inside of Scorpion bar the suspect goet sing bumped into him as he walked by and stated quote watch where the you are going unquote then at which point the victim stated the suspect then appeared to reach down to the right side of his waistband to what appeared like a firearm the victim stated the suspect then pulled out of black firearm later identified to be a six SAR pce 3659 mm handgun serial number 66 Alpha 36252 the victim stated at which point the suspect pointed the firearm at him placing him in fear for his life and state quote I could kill you right now if I wanted to unquote the victim's friend Paul Murray stated that he was behind the victim as the incident took place inside a scorpion bar and confirmed he did not see the suspect brainish a firearm and yell quote I could kill you right now if I wanted to unquote the victim stated that he then told the security of the club what occurred after the incident the suspect was escorted out of the bar by security to which he stated quote I am on the job unquote in reference to being a police officer while outside the suspect was questioned by the head of security of Scorpion bar Jason Nichols who stated that when he approached the suspect he showed him a police ID which later identified him to being an expired Commonwealth of massachusett police identif identification card out of the Bolton Police Department while on scen security obtained video footage of the suspect outside of the club officers were able to view the video to get a description of the suspect tall Middle Eastern male light black beard wearing a gray under Arma quarter zip with black jeans Fox 902 Patrol supervisor Daniel arrived on scene to conduct a code 35 of Scorpion bar citation number 043 078 officers then canvas the area to no avail vice president of Scorpion bar JM poock then flagged officers down state then an individual matching the suspects description was seen between stubbies located at 43 Northern Avenue right around the corner from scorpion bar officers then ran on foot about a block away and then tracked on individual matching that description down as he attempted to enter empire located at one Marina Park Drive Boston Mass officers then approached the suspect and immediately could see an imprint of of a firearm on the right side of the suspect's waist offices conducted a pat frus to the suspect and felt what officers known know to be through their training experience a firearm officers removed the firearm from the suspect's waste and demanded to see the victim's licensed to carry the suspect presented officers with a Commonwealth of Massachusetts license to carryer carry 131 894 430a through a sieges query the suspect's LTC was valid expiration 12 21228 and the final R in his position 6ar P 365 was actively registered to the suspect the suspect denied all allegations of pointing a firem at the victim and stated he did not state he that he stated he did not state he was a police officer to the Scorpion B security and unaware why they would think he was officers were able to view the video footage of inside scorpion B showing the suspect brandished the firearm and pointed at the victim provided by security Fox 901 s tly cont contacted Bolton PD to which they stated the suspect is not an active officer of their department or was terminated in the past officers then plac grpr Singh under arrest for the following one count of assault and battery dangerous weapon Fox 101 then transported the suspect to District D4 for booking without further incident firearm logged into C6 evidence log book page one page 15 and that's essentially the end of the report thank you very much attorney scandin would you like to address the alleged incident yes thank you and thank you detective McKuen um just briefly to your knowledge of Staff Cooperative both that evening and throughout um the police investigation regarding this matter I was assigned to conduct a followup investigation get the video and um the people I dealt with were Cooperative thank you very much much Madam chair members of the board attorney green um in regards to this incident that evening the doors um for entry were set up at approximately 900 p.m um I believe the board is already aware of this but the venue um does have the evolved security system um I believe they're actually the first in the city to use it over 40 years ago which um Charlie Kane can explain in more detail however this machine um that evening was malfunctioning and they waiting for tech support um to come and fix it so for that evening they were went to their second door protocol which is the wanding method for entry at approximately 9:33 you will see that the alleged suspect entered the premises with an unidentified male uh friend um the uh staff at the premises have never seen them before no reason um to know them or know that any incident like this would occur you will also see that the alleged suspect is one Ed but the weapon is not um detected at this time unfortunately that the wand does leave a little bit room for um human error versus the evolved system um the video will show um as I said he entered at 9:30 at midnight um and up until this time there's no issue between the suspect here or the patrons involved in the incident but the video shows at approximately midnight the suspect begins to walk through a group of people to exit the area he's in um he appears to push through them a bit aggressively and this visual is slightly obscured only momentarily behind a brick column um within 11 seconds from him starting to move and what we assume is a brief verbal exchange the suspect pulls a gun from his waistband and does point it at another Patron um there's a barback who appears to be the nearest staff and is um retrieved by the pat and the Barb back for protocol begins flashing um a light to bring attention to the area simultaneously the suspect um is exiting the premises and this is all occurring within a minute and it's time staed time stamped on the videos uh as security is walking him to the door another security team is learning um from the group of patrons um the story of what occurred the suspect has a different story for our um director or or VP rather of security and operations Jason Nichols who's outside and in that short amount of time the suspect leaves the premises um this is when uh Jason Nichols again DP of security and Ops is um notified from um another VP of operations Jamie Pollock inside that the suspect did in fact have a gun 911 was immediately called and thereafter out of uh concern for Public Safety and the location of um this suspect while they waited for police to arrive Mr poock and Mr nichels tailed um the suspect waiting for arrival to keep eyes on him and also radioing to their other staff happened to be Melton Howard who was on the door that evening at Empire um with a description of the suspect while they waited for police to arrive um Melton um as I said was at the door was on the lookout for the suspect and ided him and he was refusing him entry to Empire which is when the police arrived to arrest the suspect um Mr Kane can provide further detail on the interaction of police as well as the follow-up investigation there but before handing it over to Charlie not worth noting after the incident that um they immediately Incorporated an evolved liaison and use of force deescalation professional to set up training for all security and specifically door security Personnel conducting specialized training the use of the Evolve system again just a refresher and secondary protocol and wanding procedure including the correct stance of patrons for thoris and backup systems in the event there's ever future issues with the evolved system um at this time I'll I'll hand it over to Charlie for further comment on the incident uh good morning attorney green and members of the board um the evolved system is a system we got it's a state-ofthe-art weapons detection system we got four years ago uh we were the first venue uh in the city of Boston aside from Patriot Place at Gillette Stadium to utilize the system uh now the Boston Garden and Fenway Park utiliz the system as well as a couple of the music and theater halls in the city um two reasons we went to it was uh because it's more for the Patron's Hospitality experience and for its reliability and dependability um so on this evening uh when we opened doors at 9: we had a problem malfunction with the system we notified tech support for some help and we went to our secondary uh system to do our due diligence and did the um pat down with the um wands uh you'll see in the video uh the individual security officer does do a wand on both patrons as they come in at 9:33 p.m and Mrs the firearm which is from my training experience is a compact um concealable uh weapon that is made primarily of a polymer which is a synthetic plastic which does not always get detected by a wand uh that's another reason we went to the Evolve system um you'll also see in the video there was no indication of any problem with these individuals in the venue clearly Vis visible on the video and then you do see a brief interaction where he pushes through a crowd and causes the interaction and you can see clearly on the video that we captured him pull a firearm and then he secures it immediately security gets involved once notified by the porter escorts him out to the lobby and brings him downstairs keeping his friend behind and brings him out to vice president of Security operation Jason Nicholls who has conversation with them he identifies himself as a police officer and at that point Jason gets more information calls 911 relative to the drawing of the firearm then vill walks away due to obviously safety concerns uh Jason Nichols did not try to detain him and radioed on the radio that he's heading towards Northern a to our um sister restaurant Empire that this individual with a description had a firearm and possibly brandished it and the police R in rote uh shortly thereafter Jamie poock sees the individual going down Northern a by committee towards Empire notifies the uniform Boston police officer of Say by that time at the door where Melton Howard already knew that he was a suspect denied him entry and immediately Boston police was on scene and went into what they detail in their police report um I would like to note that um you know we did our due diligence at the door by going to the secondary um safety system for our patrons and staff that night uh we did call 911 um and then out of concern for Public Safety Jason Nichols and Jamie Pollock Loosely try to follow the individual due to the severity of the crime and the public safety issue at that time in the seat booat with all the um restaurants and other venues open um as attorney scandin pointed out we did Implement a new training system which we got a liaison from evolve we have a use of force and deescalation instructor who Incorporated the wanding and we set up a new policy and new training immediately which if you want to ask more questions on that uh my director of security Melton Howard can answer that he oversees our training and can elaborate more on that if you have any questions attorney scan on anything further uh before we move to questions from the board not at this time thank you thank you chairman Joyce any questions thanks I have no questions uh commissioner car any questions none for me thank you commissioner Saxon none for me thank you thank you and just a housekeeping matter is Michael knockman still the manager of record for this license premise yes he is okay thank you the uh uh notice for this hearing that was sent to his home address was returned as undeliverable so if we wanted just make sure that we have the correct home address on filed here sure yes that the board will take uh this matter under advisement calling item number six uh concerns the same LIC e big night venues Boston 4 LC doing business as scorpion bar and restaurant at the Grand located at 25 Northern AV date of the incident December 17 2023 indecent assault and battery Patron on employee in violation of Mass general laws chapter 138 section 64 who's present on behalf of the lcy Christ ston again for the license e and Charlie Kane and who is present on behalf of the Boston Police Department police officer Brian Martin thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify you can you please raise your right hand do you s to tell the truth the whole truth and nothing but the truth I do thank you officer Martin if you could please read the police report to the record for us so due to the nature of the incident I don't have access to this individual police report TR I have the uh copy of the in report here thank you it is coded is a an indecent assault and battery so police officer may not have access to her but uh I can read your pertinent details of the report um it reads as follows it was written by officer Martin and it reads as follows at 1:13 a.m. on Sunday December 17 2023 officer uh Martin uh was approached were approached by female stating she was assaulted at 58 seat Port Boulevard Boston sub Boston uh also unseen was the sergeant Teno the um patrol supervisor while inside the Scorpion bar officers were approached by the victim as known to the cwal who stated that she W uh she she was videotaping what of the dances the suspect squeezed her buttocks and then rubbed his hand along her back victim stated the assault occurred about 121 a.m. victim was employed by the Scorpion bar victim victim stated the assault took place uh over a shorts and there was no penetration the victim pointed the suspect uh pointed at the suspect to Club security James uh James Fester who took a photograph of uh the suspect's ID the name on the ID was uh known to the kwol Mr Fester stated that the suspect then left the premises victim was camera footage on her phone which capts suspect face a witness uh was also a dance with scorpion bar observed the assault stated to officers that the suspect was touching the victim for about 15 seconds uh Sergeant Danio completed a licensed premise violation and notifi notified the sexual assault unit um where the matter was investigated and the victim declined to go forward with the investigation and that's the extent of the police report thank you lieutenant Troy attorney scanland would you like to address the alleged incident yes thank you um officer Martin to your knowledge um an involvement with staff St Cooperative um with police um this evening while they were there and during the investigation yes and they provided um video surveillance for the police as well correct I I was not part of the investigation I was only there for the initial report so I couldn't answer that question I was shown a cell phone video from one of the employees at the time from that I was not involved in that okay thank you attorney scan if I could just uh it's noted in the detectives notes uh that uh video was uh secured from the club it's just not attached to the um to the investigation thank you lieutenant TR appreciate that um Madam chair members of the board we do have um video surveillance which will provide the board um that speaks for itself upon review from several angles and several times over the allegation is unsubstantiated um simply put you'll never see what is alleged um at approximately 12:14 the alleged victim here can be seen recording her friend dancing um you'll see the alleged victim speak what appears to be a brief friendly and uneventful interaction with the alleged suspect who then walks away um you will see no reaction from the alleged victim and for what it's worth you'll see no reaction for the alleged witness either or an alleged 15sec touching occur um the alleged victim then continues to record the dancing from several different angle angles um for approximately five minutes she appears to be dancing and smiling you'll also see on the video that a manager in a suit coat is is right there a few feet away from her and also see a member of security team walk through and passed her um and she reports nothing to either one of them um several minutes later she eventually walks into the kitchen and makes the allegation to another member of our security team um pointing out the alleged male suspect in the report several minutes later um however once security is aware of the the allegation they of course take that seriously in the moment approach the alleged suspect per protocol identify him bring him to the lobby um police is also on scene because it uh happened to be that same night as the incident you just heard about previously um but um we don't physically detain and hold the suspects he refused to stay during that time but security also notified um Boston police on scene um as well um as I said they're already there related to the other incident um I'll turn it over to Mr Caine in the event he has um further comment to add regarding his internal investigation as well uh good morning again um as attorney scandin stated um sorry I shut my camera off I apologize um I was in the lobby I had come from um Big Night Live when the incident initial incident happened and responded to Empire uh to assist the police in the investigation I went over to scorpion Grand with Sergeant Denio to he had to take the information off the license in the Lobby uh when this one came in she reported it nearly 10 minutes later you'll see in the video um and there was no indication of the alleged allegation in the video that I observed watching it several times from several different angles um and we advised uh we got him identified I advised Sergeant Denio and that she did not want to press charges she said okay as long as you have her ID I'm his ID um then we can do a followup if something changes subsequently Chief changed her mind approximately 30 minutes later Sant Daniel was still on scene with the uh police offices in the area and we brought her down they spoke to her and took a statement and Report uh subsequently three days later I was notified by detective Daniel kety uh from the sexual assault unit of Boston police uh relative to the video which he was provided with forth with um and yesterday I reached out to him be email and he called me back and stated that he would not be on today's hearing he was not summonsed but I could share that the case was closed and there were no charges uh filed against the alleged um assment thank you very much Mr Kaner attorney scan on anything further nothing further this time thank you thank you chairman joce any questions I don't have any questions commissioner Kar um I just want to be clear Mr Kane you're saying that uh after the initial Al after you made aware of the initial allegation there was some contact with the police and then like the it was over for a little while and then they then the alleged victim um wanted to talk to police again she H sorry sir not interrupt you I apologize um we offered the police were in the lobby um I was down there and she refused she said she didn't want to press charges she did not want medical which are the standard questions uh she was told I was downstairs as I stated with Sergeant Deno she was told that the police were in the building downstairs she said I don't want to talk to them it's not a big deal I don't want medical um then subsequently changed her mind and immediately we brought her to the police okay thank you you're welcome sir commissioner sax any questions thank you the board will take this matter under advisement as well thank you thank you following item number Seven atg Inc doing business as clear is located at 331 to 335 Columbus AV date of the incident December 17th 2023 assault and battery employee on Patron and violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and uncooperative with police in violation of Mass General law chap 138 section 64 and board's rule 1.10 A and B was present on behalf of the lcy good morning attorney green Madame chair members of the board lesie Delaney Hawkins with the law firm of Prince LEL and with me today is Derek kval who is the general manager and was uh on premise the night of the incident thank you who is present on behalf of the Boston Police Department Sergeant Mike aiz District 4 thank you Sergeant are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning and officer Shira Allen District 4 thank you officer Allen 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 who will be reading the police report to the record I will great thank you you may please proceed about 11:42 p.m. Sunday December 177 2023 the Delta 445 Alpha Allen responded to a radio call for a fight at claries located at 111 Dartmouth Street Boston also assisted on this call was the Delta 203 Alpha Marshall Powell Delta 431 Alpha Miriam Delta 103 Alpha Brown Richards and Delta 910 Sergeant Aziz the patrol supervisor upon arrival on scene officers spoke with Patrick dhy victim who stated that he had been in the bar just standing when he noticed his friend being attacked by a bouncer the victim stated he attempted to intervene when he was placed in a choke hold by another bouncer later identified as Brandon car suspect the victim stated he was then dragged out of the bar also unseen was Benjamin Lawrence who was a witness to this incident officer Allen also spoke with the suspect who initially refused to give his name and date of birth to officers while on scene officers were able to obtain the suspect's name from the manager Derek kerval who was also unseen the suspect stated he was trying to clear the walkway in the club when he tapped on the shoulder of the victim request requesting that he clear the way the suspect stated that the victim then punched him in the face and scratched his neck there was a small cut on the suspect's face and on his upper lip they all denied needing medical attention unseen a licensed premise inspection was conducted by Sergeant aiz with citation 022 407 issued the violations were employee on Patron assault and bouncer refused to give name and date of birth a copy of the violation was given to the manager Derek kerval unseen that's the end of the report thank you very much attorney Hawkins would you like to address the alleged incident yes thank you very much just uh two questions for the officer officer Allen other than the the incident with the alleged suspect was staff Cooperative with you that evening yes ma'am and has there been any formal charges resulting from this incident to your knowledge as according to the report there wasn't no great thank you very much um and if I may two administrative matters as I uh in formed attorney green Daniel Sant Santos who was uh one of the incidents named in the report who was the barback being escorted by the uh the alleged suspect had a an emergency and is now unavailable this morning the manager of Rec the general manager Derek Cales who's with us today was also present that evening but did not witness the whole of the incident so we obviously knowing that the officers were scheduled and the sergeant was scheduled don't want to waste anyone's time but want to give all the information we have and should the board have additional questions we're happy to bring back Mr Santos it was just an unforeseen uh scheduling issue um and with that if I may I just have some questions for the the general manager Derek could you please State your full name and your position for the board uh Derek keral general manager and could you explain in your own words what occurred that evening that you witnessed and that you based on your conversations understand to have happened uh so my understanding that um Daniel had asked Brandon to um kind of escort him through the crowd as it was um pretty busy um because he had was going to get ice um and as Brandon had asked someone to move out of the way someone became aggressive um and then which in which case um I believe contact was made from towards the door man and then I believe his friends um kind of joined in as well and what was the portion of the incident that you actually witnessed I had walked outside um I was not I was not there during the actual incident I would just I'd come upstairs and I tried to kind of just deescalate the situation as the police arrived at at that point and this was just to be clear this was actually Saturday night going into Sunday they're conflicting dates it just looks like a an error on the report we're actually closed on Sunday so this was Saturday going into Sunday and what were your Staffing levels that evening we were fully staffed um regularly have 12 doormen on WE there was another manager as well and as well as uh support staff turning to Mr Cary the suspect how long long had he been working for the establishment just about three months at that point and had you had any prior incidents with him no never uh I just seemed like a just you know normal guy uh quiet very mild mannered and after this incident what uh what steps if any did you take uh he was sent home and then we had let him go for not cooperating so is there any video of the incident uh unfortunately no there was a malfunction on the um on one of the cables that allowed the cameras to record so I did not have anything recorded at that time and why leading up to this would you have not known that the the cameras were not recording uh so the playback was working the cameras were technically on it just the nothing nothing was being recorded to the um like to the files and when did you realize that the cameras were not recording um when the detected had reached out for video and has this been rectified since that yes and have you taken any steps to ensure that you would know ahead of time even though you can see the video that it's not actually recording yeah I do G um just regular checks on the on like the um the computer um app and everything like that now just to make sure that everything is being downloaded correctly thank you very much Madam chair members of the board as I said uh the general manager was present for a portion of the incident we obviously would have preferred to have the individual uh who was the barback here today we're happy to bring him back especially given that there is no video should the board have additional questions and the individual who is the suspect was terminated following this incident so obviously he's not here to testify today um with that we're happy to answer any questions and obviously defer to the board if you would like us to return thank you with that we will see if there are any questions at this time chair Roman Joyce thank you I have no questions commission Karen um are new hes informed of their Duty as a condition of employment to speak to the police during incidence uh yes um that's always kind of you know how how we go about it uh you know just always cooperate I just don't I'm not sure why he did not is that in writing anywhere is there like a handbook someone gets when they're on boarded yes can you uh send that to us yes we can okay thank you commissioner Saxon any questions nothing further thank you thank you the board will take this under advisement uh please do send that handbook our way and I'll make sure that it is shared with the Commissioners absolutely thank you very much thank you calling item number eight Grove Hall Food Corp doing business as Grove Hall convenience market located at 479 Blue Hill AV in Dorchester date of the incident February 26 2024 assault and battery Patron on Patron and rear parking lot in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and overcrowding mechanical count 70 capacity 16 in violation of Mass general laws chapter 138 section 64 and Boards rule 1.03 J and 1.06 a and F who's present on behalf of the lcy Attorney Jennifer Allen on behalf of the LC e thank you attorney Allen and do you have any Witnesses with you on behalf of the lcy they are both logged in they'll just have to unmute hi we're here thank you very much if you just please identify yourselves for the board um my name is janelise Guerrero um Edward's wife and also uh co-manager for Grove Hall thank you who is present on behalf of the Boston Police Department Sergeant Edward derin officer AB thank you and are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning no can you all please raise your right hand the licy as well Miss Guerrero M Guerero raise Miss Guerrero your right hand please do you straight to tell the truth the whole truth and nothing but the truth I I do yes I do thank you who will be reading the please report to the record off Alor said read the uh first portion I'll read the second portion my followup thank you very much officer abor if you could please proceed for us all right about 11:58 pm on Monday February 26 2024 officer and Bravo 437 Alpha was sponsored a radio call for our fight at the Grove Hall convenience restaurant located at 479 Blue Hill Avenue George multiple additional B2 officer respond in assist dispatch relate information on Channel 3 that a group of about 10 to 15 female so to getting alteration outside flame moving toward to the parking lot upon arrival officer abeno observe the altercation at the rear of the flame parking lot which has se one officer interview about 15 and male and female individual were present in this F officer has identifi potential team of vitim which who who appear to be assault however the victim was unate in provide in declined to provide the incident detail the vitim depart the scene in 2022 white4 Edge alado which Alpha idea Bravo to1 given the lack ceration from other party the the incident leading to tication remain unclear Sergeant D 913 was informed of the situation and will issue the license permiss violation at a later date um I I could pick up the second portion of this uh thank you about 12:03 a.m on Monday March 4th 2024 Sergeant deran responded to 479 Blue Hill LA doorchester to conduct a code 35 licensed premise inspection due to the above incident which took place on 22724 Sergeant bin was assisted by Officer mcferson Mar yonda and Officer Williamson the body warn cameras were activated during this incident prior to completing the code 35 B2 offices were in the area due to a 911 call for a person with a gun at 469 Blue Hill la which resulted in a warrant arrest of a Mr Baptista upon arriving in the area and handing the person handling the person with the gun call officers observed numerous individuals loitering and exiting 479 Blue Hill La doorchester prior to executing the code 35 officers observed approximately 15 to 20 people exit 479 Blue Hill L Grove Hall convenience market officers then announced their presence and notified operations that they were performing a code 35 at 479 Blue Hill AV officers made their way past the convenience store portion of the establishment and went to the rear room of 479 Blue Hill laes prior to entering the establishment Sergeant deran requested the Officer Williamson keep a headcount of patrons within the licensed premise officers observed that the bar was selling alcohol on the left side of the rear room with some tables and chairs set off to the right side within the back room officer Williams encountered approximately 70 individuals within and outside the license premise the crowd within the venue began to exit The Establishment Sergeant deran inquired on whom was the person in charge and Jeffrey Guerrero identified that he was the person in charge and presented his Massachusetts driver's license Sergeant deran then examined photographed the business's certificate the majority of the health building entertainment and liquor licenses allocated only 16 occupants a woman I spoke to on a telephone reported that she believed the business capacity was 37 individuals Sant deran also noted that this business only posted and holds a common virtual license 7-Day license um license premise violation issued for assault Patron on Patron the incident that took place on February 27th capacity violation and based off my photographs and inspection of certificates no fire inspection certificate posted this business had three security guards working on the premise and that's all I have for you thank you very much attorney Allen would you like to address the alleged incident uh yes thank you um and I also just wanted to mention um I know that both are here Edward um Mrs is a witness then we'll be testifying but also if needed she will be a translator for Edward as well just to throw that out there um so just a few questions for officer abor um you one of the responding officers that night correct on the February 26 in the rare parking lot yes um when you arrived on the scene um where exactly was the crowd in the back parking lot it was in like a parking lot like in the front of like in The Flame Restaurant in like in the alleyway like between the Flame Restaurant in the other building um and did you see the altercation take place it happened like after right one hour a right okay um did you see any of the people from the crowd um from that altercation exiting The Grove call convenience market I did not um and I understand that there's the Flames restaurant which they were next to in the barber shop um so could the crowd of people come from any of those other um the barber shop the Flames restaurant laundry mat anywhere else on the Flame Restaurant was a close at that time so do and then the barber shop was close at that time okay thank you um if I could ask Edward Guerrero and yanelis Guerrero questions as well um Edward um could you just state your name and your relationship to the Grove Hall convenience market Edo um my name is Edward Guerero and I'm the owner of world Hall convenience market okay and he says he has 23 years working in that area okay and were you working on February 26 yes and did you witness any altercations with any patrons inside or outside of your store that night you see nobody no he says he also has security there and they didn't witness it and um did you see anything going on in the rare parking lot at all no and um is there an entrance or exit in the rear of the store that leads to the back parking lot where this assault happened so okay so he has a rear exit um it's to be used for emergencies only it does lead to the parking lot not specifically to where the assault happened but um clients are not to use that to come in okay um and on the night of February 26 did any officers come into the restaurant not on February 26 okay um and then Mrs Guerrero if you could just state your name and relationship to the gr PA convenience market yeah my name is Janise Guerero I have the wife and to Edward Guerero and I also um work there part time okay and were you working on March 4th when the officers had come in um I had actually left maybe like 15 minutes before they arrived okay um and were you the person on the phone did you speak to the officers yes I spoke to Sergeant Edward okay and um what did you discuss briefly um so initially when we got on the phone I was um telling him where the uh licenses were um was asking me about the capacity cuz he was telling me like that there was a discrepancy it said 16 and I was trying to show um tell him that there's one that says uh a capacity of 37 he did say um you know everyone's Cooperative here the the staff are working with us um which is good okay thank you um so regarding the assault and battery in the rear parking lot um the manager did not was went witness any altercations that night nor did any of the officers come into the establishment to inquire um my when my client left the restaurant there was no crowd or police in the back of the building or on the side um also the officers as you've heard could not confirm where the crowd came from um they could have come there's also residential in the back plus there's also an exit from the laundry mat and other um from the other restaurants um in addition there's no public exit out of the rear of the restaurant thus none of the patrons from Grove Hall would be congregating in the rare parking lot I know I also sent some pictures over just so you could see the geography of the restaurant um there's a bit of a fence back there um just for the emergency exit only there's no the way that they would get out they wouldn't be able to nobody would be exiting that way um thus we're asking for the board to dismiss this violation as for the remaining violations um I have reviewed the rules and regulations from the city of Boston and the abcc with my client he understands how serious these violations are um he's in the process and has hired additional employees to ensure that the capacity does not exceed 16 and they will do sweeps in the front and the rear of the building to ensure that there's no loitering anymore um to disperse any crowds pip certification is required um I know that as Mrs Guerrero had stated to the officer she thought the capacity was 37 we've gone over the capacity as well I know um while reviewing the documents with them their certificate of occupancy says 37 the certificate of inspection States 16 the liquor license has the capacity of 16 but then also says seing 25 so I she was just confused on the phone um but either way Mr Guerrero is currently in the process also of filing plans with ISD to increase capacity which we've also gone over and he'll appropriately apply with the city of Boston licensing board um until then he is going to make sure that he does not exceed his capacity in the future um he's asking for um your mercy regarding the remaining violations he's not had any violations on his record until now he's actively working to rectify these issues and put processes in place so this does not have it happen again um he's going to apply for all necessary permits and licenses including entertainment and will ensure that these violations do not happen again um and I also have a meeting scheduled with them that I'm going out to the property next next week to go over all of the licenses and any required applications that they do have to file to be in compliance if you have any questions um they're happy to answer anything thank you attorney Allen chairman Joyce any questions do you have any comment for why you had 70 people in there when you even if you thought it was 37 I mean that's a real public safety hazard fire hazard lots of Hazards you're on mute sorry I'm I'm saying the question to him in Spanish yeah um so he he says that um he trained us the security to keep count for 37 he um understands that they were way over capacity he says that um and actually I had just left the security was allowing like let's say friends to go in and we had a conversation with them we had a conversation with the security company as well so you a third party security company MH yes okay [Music] um are you currently open we are currently open okay I don't have any other questions commissioner sax commissioner Ken I have nothing to add thank you nothing no questions thanks thank you the board will take this matter under advisement and calling item number nine which concerns the same LIC e Grove Hall Food Corp doing business as Grove Hall convenience market located at 479 Blue Hill AB in Dorchester date of this incident March 30th 2024 bottle service and violation of Mass General law chter 138 section 64 overcrowding 50 found on mechanical count capacity 16 in violation of Mass General Law chapter 138 section 64 and Boards rule 1.03 J 1.06 a and F and blocked Byer exits in violation of Mass general laws chapter 138 section 64 and board's rule 1.06 a who's present on behalf of the license e Jennifer Allen again for the LIC e thank you attorney Allen and the same witnesses as the uh prior incident yes Mrs Guerrero and Edward Guerrero also thank you and who is present on behalf of the Boston Police Department I am detective Hernandez thank you detective Hernandez are there any other individuals with firsthand knowledge of the alleged incident who wish to testify William Gallagher need thank you very much can you all please raise your right hand do you swear to tell the truth the whole truth and nothing about the truth I do I do I do thank you detective Hernandez if you could please proceed with the police report good morning I'll be reading from police report which I wrote on Saturday March 30th 2024 sh detec William Gallagher detective Eddie Hernandez ass sign to the BPD license premise unit along with inspectors from the inspectional service department conducted license premise inspection of the brool convenience this inspection was also in regards to complaint that the establishment was conducting bottle service as detectives walked into the convenience store and into the door to the restaurant area they were met by security staff detectives and inspectors were told that they would have to wait because they were had capacity detectives asked what the counter patrons inside the establishment was the security staff could not provide a number while detective Hernandez maneuvering his way through the very crowded room to perform uh a kind of catron she encountered a blocked and locked fire detectives then observed that as the patrons realized the inspectors were in The Establishment the crowd started to leave started to leave the area detective Hernandez was able to count approximately 50 patrons that were now left in the room detectives discovered the actual number of patrons allowed in the premises at at uh 16 patrons detectives also noticed there was a DJ playing music this activity is not allowed under the current conditions of the entertainment license all detectives did observe that every table did have buckets of beer bottles they did not see any bottle service being provided detectives brought this to the attention of the person in charge Mr Eduardo Guerrero as a result of what detectives observed tring detective Gallagher issued license PR inspection what to 02146 for overcrowding of the establishment having a DJ performing one not under the conditions on the entertainment license of the blocked fire exit Mr Guerrero signed for accepted the notice it should be noted that istd did close the establish due to numerous istd violations that's all thank you very much attorney Allen would you like to address the alleged incident um again I'd just like to reiterate what I did say for the last violation um that I have reviewed the rules and regulations with them um they to make it clear they will also not be having bottle service they understand that they would need to apply for this license um the fire exits and they went over with staff as well to ensure that the fire exits are not to be locked or blocked in any way um regarding the entertainment license he had applied um for and it's the entertainment license but then realized it was only for a one-day entertainment license where already in the process of filing for the standard entertainment license so that way he will be in compliance so and again um he has not had any violations prior to this so if you have any questions they're happy to answer thank you very much chair Roman Joyce any questions when was the one day entertainment license granted I am not positive to you guys from we can look it up yeah all right thanks I have no questions no questions for me thank you commissioner Saxon none from me thank you thank you very much the board will take this matter under advisement as well and calling item number 10 Fogo TOA Churrascaria Boston LLC doing business as foga Churrascaria located at 200 Dartmouth Street date of the incident December 25th 2023 intoxicated underage Patron on premise in violation of Mass General law CH 138 section 64 Who present on behalf of the licy uh good morning attorney Neil Mooney with uh heritz Richard and sensah and I'm also here with uh my colleague attorney Sam Richard and we have two witnesses for the ly we're also present Louise Carmona and Maria deina they are in together on on one screen I believe um and we've also submitted three exhibits today that uh we request the uh Commissioners review thank you I do see both of your Witnesses on screen and the exhibits have been shared with the Commissioners uh who is present on behalf of the Boston Police Department Dodge detective William Gallagher Dr Hernandez if needed thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify on this matter yeah Rachel Fontaine I'm the mother of the um person who was served underage thank you Miss Fontaine uh can all those who plan to testify 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 sergeant gallager if you could please proceed with the police report yes good morning I'll be uh reading from a report that Cadet nunz wrote at about 10:59 a.m. on Friday January 11th 2023 theet Nunes while assigned to the front desk of Boston police station District 4 was approached by an individual who wanted to file an inated person report the reporting party Rachel Fontaine stated that on 12 2524 at 900 p.m. she had a reservation at Fogo DOA located at 200 do Street Boston Mass the victim stated that her daughter Alana ordered what she believed to be a fancy mocktail lemonade porting party added her daughter was never asked for an ID in order to get served alcohol reporting party stated that she had video of her daughter passed out on a table after drinking two of the mocks uh next report is my report uh it starts on 25 2024 at about 9:30 p.m. Serge detective William Gallagher detective Eddie Hernandez signed the license premise unit with spond at the fogia 200 do Street to speak to staff about an incident that had occurred on 12:25 at about 9900 p.m the incident which was reported in BPD station District 4 by Mrs Fontaine States on 12:25 she had dinner at F go to Chow 200 dman Street during that dinner her 20-year-old daughter was served two alcoholic drinks and passed out at the table during dinner BPD report 2423 1119 this I'm sorry to interrupt but she's only 19 that she thought the drinks her daughter were ordering were non-alcoholic not discovering that they were till her daughter passed out and she checked the bill Miss Fontaine States her daughter was never asked for ID prior service and her daughter informed her that she thought she was ordering a mocktail Miss Fontaine was able to provide detectives with a video showing her daughter passed out of the table and a copy of the receipt with her two $17 cocktails that her daughter drank detectives talked to the manager Luis kimona and Maria mendz who was looking into obtaining video of the incident as a result what observe Sergeant Tech of gallaga issue a license premise inspection notice number 0 18060 to F the child for intoxicated underage Patron on premise Miss Maria Mendes signed for and accepted the notice I believe we did U send the board the the video that was forwarded to us along with along with the copy of the bills and uh that's that's all all we have behind me I do have a copy of Bill boy doesn't have it and that forward through licensing Bo that's it thank you very much attorney Mooney would you like to address the alleged incident yeah I have a few questions for the sergeant if I may uh Sergeant the last video You referred to that was submitted is that is that the video that was allegedly taken by Miss Fontaine or was that provided to you by the restaurant we yeah we do have both uh the video that I forwarded to the board was the video that uh Miss Fontan sent us and we did receive a video from the uh the restaurant uh it was kind of inconclusive I'm not sure if that been passed on to the board or not well it hasn't been passed on to me the video from Miss Fon and I don't would you mind briefly describing what it what it shows you yeah it shows a a female uh with her face down on the table uh looks like she's uh she's passed out and uh you can see that uh they're inside the restaurant and you confirm that that video was taken in the restaurant it appears to be the same premisis yes it does sir how long is this video duration was oh uh couple seconds 15 20 seconds maybe and there's also audio with it too you could hear her mother you know chastising her daughter and well is it possible that she wasn't passed out and just happened to be resting her head on her arms that would be your conclusion sir I'm just going what the video shows and what Miss Fontaine states on the video okay are you aware of whether the minor uh received any medical attention that evening not my know no so EMS didn't respond to the Sens is that right she they did not okay um and you went back to interview Fogo the Fogo managers after the date of your February 5th report is that correct sir we' been back a couple times sir at least twice okay did you did you review the security video from the restaurant at that time we did Sir did you draw any conclusions about what it showed you I can speak to that I can speak to that s the video they provided was not the video that we needed they gave us a completely different area which was not anywhere where we wanted to see we could see from the video that we got from the mother and the video we got from f the child was a completely different area so I think they focused on a different area we've been trying to get the video focusing on that because there are cameras in that area and they did not provide us that video yet sir what area did you are you in your view are you lacking video of It's the area where the where the where the table was so we could see where the table was over by like where there were some serving areas smaller serving area and that's not the T that's not the video that we got of that table sir okay did they show you we have a different table sorry are you finished sir yeah I am okay sorry um they show you video that they described showing uh the female minor leaving the premises no sir okay um we've been trying to get that video we just haven't had any cooperation well we've we've submitted video that I I I'll put it in with our managers later on I think we've it's our intent to cooperate there seem to be a miscommunication here um do you know how many persons were in Miss fontaine's party that night or is she the person I should ask about four persons four yes and how many of the how many adults and how many minors in those in that party three and one okay how many alcoholic beverages uh appear on the receipt if you can tell Miss montin is on this Zoom could also speak to that I don't know why she hasn't put her camera on and isn't speaking towards us she was actually there the receipt is kind of wrinkled you really can't I'm sorry yeah it was only one alcoholic drink I had a glass of wine and my friend had a Coke her her boy had like a um strawberry daer virgin and then she ordered that that drink that uh super fruit lemonade is what it was called exactly okay I'd like to ask a couple more questions of the police officers then I'm glad to hear from Miss Fon and I assume she wants to testify so we can we can move this along um thank you attorney money Miss Fontaine you will certainly have an opportunity to provide your testimony I don't mean to interrupt you ma'am the um the incident occurred Christmas night but the complaint wasn't made to to D4 until January 12th is that correct that's correct sir did Miss Fontaine provide any explanation to you regarding why it took 18 days for her to file the complaint no sir she did not I just got completely s answer I'd prefer if the sergeant answered the question I just didn't hear the last like Miss Fontaine you will have a moment to provide your testimony following this line of questioning she Mr forer I I I know she lives uh north of the city uh we didn't think to ask her we didn't think it was relevant or important uh we just followed up on it when it came came our way okay did you ever interview her daughter the minor no sure did not just mother okay um do you interact with this ly on a regular basis usually we're in there once a year sir at the most okay I'm a little confused based on the report and the violation What is the um specific conduct by the lie that resulted in the violation well sir there's an intoxicated underage Patron on premise okay is it alleged that she was unlawfully served yes sir okay um do you know which beverage on the list of four beverages in the receipt did you make any determination about which which uh one that the minor was served I believe the mother just stated that sir okay but at the time you issued the violation Sergeant that's what I mean yes we we were told which beverage it was you know which one it is yeah it's the $16 one the lemonade okay um did you talk to the other two members of the party two males no sir we not we just talked to the mother do you know how old those individuals are they're over 21 sir okay okay I'll I'll help that's all I have for the offices for now we can proceed thank you sir appreciate ity do you have questions for your Witnesses I didn't know if Miss Fontaine had something to say I'm glad to to hear from her I would ask her a few questions if she does it uh thank you attorne we generally hear from the licen he first unless that's fine I'd like to have the two managers come on Mr Carmona and Miss uh Gina I'll start with you Louise could you state your name for the record please scona general manager uh where do you work and what is your job title f with Desa Brazilian steakhous here in Boston 200 Arma Street and general manager and how long have you worked there in that role uh here in Boston since October and in for Fogo since October 2015 okay so you worked in another another fgo prior to working on dman Street yes I've been uh Austin Texas San Antonio Texas uh New Orleans and Houston Texas okay were you working on Christmas night 2023 yes okay um we submitted a photograph and some video with our exhibits this hearing are are you familiar with what was submitted yes uh what is the what are those showings if you could explain for the commission what in your view those are showing so we show that the the the four individuals arrived um you know they they had the experience they had dinner you can see them go up to the market table multiple times um you can also see them um towards the end um them exiting um it appears that um two in the the two of the older individuals leave first then they leave the two younger ones there then um the youngest or the other the third adult leaves as well and they leave the the the Lady or the girl there by herself towards the very end but you could see them on on video exiting um under their own will how long were they at the restaurant approximately about an hour hour and 5 10 minutes did you have occasion to speak to M fon that night I did not I was around the area kind of walking around monitoring um but um I believe Maria did interact with her okay did you have occasion to speak to her subsequent to that night for example did she did she phon the restaurant for any reason yes I believe uh the day or two after the incident she called and it was the initial um I spoke with her um so our protocol for that is gather as much information as possible ask us um or asked um the customer to allow us to have 24 to 72 hours to investigate talk to manager on site Ser her on site um and then communicate back to her um and then she continued to call um every day um and even in insisted that we do a a refund a full refund right away but I told her our protocol is to you know gather as much information as possible and if not then we can definitely um forward it to our guest relations so she requested a full refund for the meal correct and approximately how much was the meal I know it's on the receipt but if you want to look at the it was it was four dinners two alcoholic beverages and a non-alcoholic beverages um and a glass of wine so I think it was I'll repres receipt say $335 71 doeses that sound accurate correct and they play paid 10 in cash and then the rest on the card okay and they does that include a gratuiti no so you did the restaurant get a get any tip on this meal no no gratuiti was left okay um and there were four persons in Miss fontaine's party correct and there were four beverages served as reflected in the receipt is that correct correct and how many of those were alcoholic beverages three okay um I'm going to turn missa you were working that night as well yes and you're also a manager in the restaurant yes I'm assistant manager here did you observe the party that evening yes I did and you've looked at the receipt that's been entered as an exhibit in this matter is that correct yes um there were there was one there were four drinks listed of as I mentioned uh the Seeker red blend is that a glass of wine yes who ordered the glass of wine um I guess was the L the lady okay um and there was two Superfruit lemonades are those alcoholic beverages the superf fruit lemonade yes brazilan lemonade no okay who ordered the Superfruit lemonade the alcoholic lemonades the young guy I think the boyfriend was with the uh minor person yes they four on the table okay and is the Brazilian lemonade that also appears on the receipt is that an alcoholic beverage no alcohol would that be referred to as a mocktail martail yes okay that the daughter young L okay um was the daughter served any alcohol by the restaurant that night no and you're sure she wasn't served alcohol 100% what about you Mr Carmona um I was not around the table I was just let known of the situation and I did get to see them exiting but no I believe no alcohol was serve okay uh back to you then missa Did You observe the daughter um passing out or in any kind of medical distress that evening no did you ever see her put her head on her arms on the table I didn't see that I just see there was having an argument on the table who was having an argument the mom U both all of them that was talking um the mom and daughter and then um the boyfriend as well did you have occasion to speak to the mom that night uh December 25th yes um I was walking by she called me she said hey I leave to I have to leave the restaurant um she was talking she was having argument with the the daughter she comment me she say I I need my bill we have to to leave she was mad at the daughter like so mad they have an argument she was like so mad at her daughter did she express any concerns to you uh regarding her daughter's health no did she express to you any concerns or any belief that her daughter had been served alcohol by the restaurant no Did You observe or did you later observe on security footage the daughter leaving the restaurant yeah leaving normal by herself so when you say normal by herself was the daughter able to leave under her own power yes did she require any assistant walking no she was acting like normal did she uh go up and down any stairs yes was she able to negotiate the stairs without assistance yes then she come back she she using open the door she using her phone and she come back and she come again upstairs and the you reviewed the video and the video indicates her going up and down the stairs at approximately 10 p.m is that correct yes okay and would you agree that the party arrived at approximately 9 900 PM yes I okay uh all my questions for these two witnesses thank you thank you can I please sir because I have to go into work and I'm late for work I'm supposed to be there at 12 o'clock and I I this is terrible I cannot believe the lies that those people just told I am like I have I get bad anxiety and when I tell you I am freaking out in my car right now I can't even get out of it of all the lies that they just told I caught they I left my daughter there I was mad at her because I thought she had done something I'm sorry I had I thought she had done something so I was angry I was that's why we we were arguing I didn't even know at that point it was an alcoholic drink I just couldn't get over the price I didn't even know until I got in my car we went out looking for my car and they kept calling me saying your daughter's very intoxicated you need to come get her and I said I know she is I'm trying to find my car and then her boyfriend left her and which I sent him back so he ended up going back there okay and yes they did he didn't he drank the the non-alcoholic beverage my daughter was the one taking pictures of the beverages in front of her I also sent them those pictures she ordered those two beverages okay she did he ordered the non-alcoholic beverage my friend ordered the Coke and you can see at the table when in the picture that I even sent them where the drinks were set up and where we were sitting they are lying through their teeth I can't believe it and there was how she can she say she didn't know what was going on there was a commotion even guests were getting involved because we ordered dessert and then when she passed out on her plate I said oh my God you know I thought she did something like took a pillow I don't know I didn't know what she did but as a mother I was pissy I wanted her to see herself the next day that's why I took that video not even because I thought she got served underage okay so then when we got in my car she goes mommy I think they did have alcohol in them and I called them immediately and they did nothing but avoid me they gave me a dummy number that I called over and over and over they said it was their um you know HR or whatever it is listen I've been in the restaurant and for 29 years I'm going into work right now I'm a waitress I know how serious it is is anybody hearing me oh I'm sorry I didn't know you didn't move um sometimes my phone stalls but I know how Ser it is it is to card anybody that looks under the age of 40 even okay I've been like I said I've been doing this 29 years that's why I didn't even expect or think that this lady had served my daughter underage I had no clue we were all clueless everybody was I mean was she she says that she was I don't know she's 19 but that doesn't defeat the fact that they served her alcohol and I was getting mad at her and fighting with her on Christmas Day mind you Christmas Day and we hadn't had Christmas together in years okay so that was supposed to be a meaningful day for me and that was completely ruined you know I didn't and the reason I was calling to say the bill because I know what's going to happen what will happen into a restaurant when they serve underage so I didn't want to put them through this I'm not trying to sue anybody or you know get anybody's license that's taken away I just wanted I said you know what just pay my bill and he said to me I'm sorry ma'am we can't take alcoholic beverage off off the bill as per you know Massachusetts law and I know that is a law I said but you served my underage daughter those drinks they never said anything about they had to do an investigation and they would get back to me and if they did why didn't they get back to me nobody did they avoided me they completely aved me I had so many times to call them that's why I find finally I said okay I guess I'm going to have to go report this to the police department and that's why it took so long so and for them to say all the like they didn't see her leaving they C I have as a matter of fact if I can scroll back if I enough I don't know if my phone will do that there's the numbers of them calling me to say your daughter is so intoxicate come and get your daughter and I said I know that that's why she couldn't come walk with me to the car still thinking that she had taken something so I mean I I don't even know because I wanted to rebutt on almost everything they were saying but I can't remember every single thing that they said but they just lied through their teeth and I cannot believe that lady what she just said no that that's not this paint pictures to see where the drinks are lined up in front of the people that I sent to um the detective he has all the pictures uh the the video that was like 25 seconds long with me like scrolling all around showing where we were we were by the main Eden area how are you going to tell me there's no video footage that's what they told me we don't have footage for that area I said there's no video footage for the main area where people are eating and and we were right by there how is there no video footage they're lying they're just lying I I'm devastated over this my daughter just what we've been dealing we have since this look at me I'm late for work sitting outside I'm sure I'm not going to get in trouble when I let them know but it doesn't matter I should be making money right now and they're stopping me from doing that because I have to be here sticking up for myself and my daughter and anybody else that goes to that restaurant that probably gets served because they want to up their check average to get a better tip and yes I did leave a tip that's a lie I didn't leave a 20% tip but I left her $25 so that they lied about that as well so have to say I'm just absolutely I couldn't believe my ears and I I it took everything I had in me not to chime in sir but I am so upset at the lies that I just heard from these people I just can't believe it and if they're doing that to my daughter how many other underage people have they served that's what I think about thank you Miss Fontaine and thank you for your testimony we will see now if the board has questions for uh the LC e Miss Fontaine or for the officers I'll start with chair start with me first so I could please go into work if anybody has a question for me no objection that's fine ma'am thank you sure uh thank you for your testimony and for joining us today I don't have any questions for you thank you thank you for hearing me finally somebody commissioner carer commissioner Saxon do you have any questions for Miss Fontaine I do thank you thank you thank you and attorney money did you have any questions for Miss fontine no I don't okay I do feel though that I should be compensated for that for that bill if nothing I I mean I don't know what's gonna happen but even if they do lose their license I should not have to pay for that bill I mean I should be compensated in some way but having to deal with this and what what I've already what I've been going through thank you miss that would not be under the jurisdiction of this board but um oh okay well thank you for that uh see if the board has any questions for the leny or for uh the Boston Police Department I don't have any questions at this time CHR briefly be heard briefly I know we've run it over um I I miss fonne one second sure sorry so just regards for questions to Boston police do do you are you still in possession of the video that was submitted by Miss Fon I believe we have sir I I thought we forwarded it to uh the board uh some time ago uh I believe we still have it uh it does show the table I haven't viewed it for over a month or so so I'm not up to date on like the glass placement and stuff like that but it clearly I still have it oh good Danny do we have it I I do not have that Miss Fontaine if you could send that video to licensing board boston.gov uh and if it's possible to do that today that way we can make sure that the board has it in their possession before the vote okay so I'm I'm kind of stupid when it comes to that stuff so it's literally just boston.gov licensing board all one word licensing board at boston.gov licensing board at boston.gov and send you the videos okay I get out of work at four o'clock so I'll do it when I get out of work great thank you okay and attorney Mooney regarding other videos um and this could be just what's in our oh commission car you've muted yourself all right sorry I'm clicking over to the uh folders so it muted me um attorney Mooney yes uh the videos you've been referencing in our in my file that I'm seeing so far all I'm seeing is a four-way video kind of taken in a uh Port portrait mode like vertical is that is that what you've submitted to us so far you have you submitted other stuff to us we can submit additional videos for the purpose of this hearing I um we submitted three exhibits including the receipt which we already discussed uh there's one photograph that it's our POS that fogos position show shows the young lady with her companion uh walking after their meal um and there's also security video footage dated at 10 o'clock pm that shows um the minor exiting through a door next to the revolving door out of the restaurant descending a flight of stairs and then approximately a minute later coming back up the stairs and as has already been testified to um doing that on on her own without any not in any apparent distress and without any need of apparent assistance um and I I'd also point out the receipt there were four persons in this party three adults in one minor and three alcoholic beverages were served um they were only in the restaurant for one hour um and I I do not believe that this this is a serious allegation a serious charge and the license he takes this very seriously I'm not aware of any other violations um by this lensey and um I would submit that we have a conflicting vergins of events obviously um but I think that the the testimony of the two managers that apparently contradicts uh the testimony of Miss Fontaine um Bears the weight of evidence the I'm not doubting the work of the police here but they're not firsthand witnesses to the to this uh alleged violation um we're but we're glad to provide any additional video or that we have but I think what I provided was the clearest that we had and that's why in the interest of economy that's that's why we restricting it the three exhibits okay regarding regarding the video that I've been able to see so far I can't really see anything the format that it's in the four-way I mean it's minuscule so if you if you could submit you know full size video individual camera angles I'd appreciate it um and not just the exit but um anything you have at the table I'd appreciate well there's only two portions to the video that I think are relevant and if because I understand what you're saying I should have been more clear about this the beginning of the the videoos proximately four minutes long and not all four minutes are relevant most of it isn't U from the beginning of the video until approximately 22 second Mark um and I mean I can have the witnesses testify to it if we can bring it up I'm not sure if we can if we have the means to do that here um is that is that feasible what do you mean the video the video that we are claiming shows yeah the video you submitted you think it's relevant because it shows her walking out under her own power right not stumbling correct okay but there's a whole other time period while she's seated at the table do you have any video for that do we have any V Louis do we have any video for at the table that's that's clear here at Fogo we have our Market table right it's a long salad bar where they serve themselves and there's a hot bar so they're seated behind the hot bar so the angle of the camera facing that um you can not see the the table but you can see them um once they get seated um stand up come to the market table multiple times and then go back to sit down and then that's where the meat service comes in um so that's in the video as well and then you could see them also exiting where they get up from the table and then begin to exit and they don't all exit together um the parents leave first and then the the um boyfriend leaves next and then the daughter is the last one to leave um so she's alone there for maybe 5 10 minutes where she walks down the stairs comes back up multiple times and then finally leaves on her own okay my final question I think right now would be were all parties seated at the table ID when alcohol was ordered um so the daughter was not ided because she ordered a non-alcoholic beverage um and in the speaking to the server the server did not ID the adults because she felt like they were over 21 the no ID was done at all no sir okay that's all I have for the moment commissioner Saxon any questions um do you guys um watch out for pass offs you know an adult could have ordered the alcoholic beverage and then passed it off to the underage well we have four managers I'm the general manager and I have three assistant managers so on a on a holiday we divide the floor so Maria one of the assistant managers has a section so they follow up with the tables make sure the tables good and talk to the tables um and we always like to monitor any any um issues with the table and and try to just be transparent so we check every table yes and have you changed any of your policies or procedures since this incident so any shift we work here we have pre-shift meetings um as management leadership team and then also department meetings so for servers we do um like offer any specials on the menu go over the menu what we're out of and then also just to make sure that they have all the materials or if they have any questions before they begin their shifts and that's just been the protocol throughout Fogo I would just say as As a matter of comment you you should um ID all of your patrons um especially in in mixed company to ensure that that there's no mistake about who is underage and who is um you know old enough to drink alcohol there should be some kind of ID we so if any has the questions and managers are always on the floor you know we tried to address any questions or any concerns immediately so we always as management we're also monitoring drinks being sold wines being sold and open at the table and if we feel we're also um firsthand with the guest so if we feel something is out of order we try to identify and then also address um and I think we you know I think F does a good job in in in doing that and and we do ask for IDs and then part of our pre-shift meetings post this is that we did say Hey you know any doubt any question let us know managers are also checking tables and we we uh we need to ID is what we communicated to the team are there any further questions from the board at this time he and attorney Mooney and Mr Kam Mr Pina are is the board expecting further videos from the leny on this matter or do we already have what you have plann to it um we have additional videos that we can we can email this afternoon I I I think they would require um navigation commissioner kin makes a good point it's hard to figure out what's going on just by looking at a four-minute video um the ones we provided I felt for what's been submitted to fire it's really the size of it you know it's submitted in a four-way and that four-way is not even the full screen it's a very small portion of the screen agreed and I don't know if that can be uh narrowed down scoped down to I don't know if technologically I can look into that today I I don't know commissioner I apologize for that thank you uh anything that is sent will be uh deated to the board as soon as I receive it anything further from the board at this time okay with that the board will take this under advisement as well thank you thank you those are all the items before the board that will adjourn this hearing the board is set to vote tomorrow at 1:00 notice has been posted to the city's website thank you all and enjoy the rest of your day