##VIDEO ID:Gvhm2N_fCgw## good morning thank you all for joining we'll give just a moment to clear the waiting room good morning this is the voting hearing of the licensing board for the city of Boston today is Thursday August 8th 2024 this hearing is being recorded and will be posted to the city of Boston's website while the public is encouraged to attend there will be no additional testimony accepted this morning begin with the licensed premise inspection hearing which occurred on Tuesday August 6th 2024 item number one Jan hung Inc doing business as new moon Villa Restaurant located at 15 to9 Edinboro Street date of the incident October 27th 2023 assault and battery dangerous weapon Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 15a I'd like to defer until we receive the video that Boston police told us that they do have regarding this incident I agree yes this will be deferred to allow for the submission of the video item number two Lolita Boston LLC doing business as Lolita coina and tequila bar located at 271 Dartmouth Street date of the incident December 7th 2023 a 911 call for medical assist for a female Patron violation of Mass general laws chapter 138 section 64 I did review the video that was submitted um staff cooperated they had called the police this was not a crowded night this looked to me like a a true accident so I see no violation um I agree I did feel like you know hopefully in the unlikely event that this exact same thing happens I don't think we should forget that it happened this time though document in the in our Docket in our file yes some something where where we don't we or our successors don't forget that this happened and because if it ever happened again it's like it it it would be to the point of like foreseeability and you know happened here may may I could accept as an accident but not a second time I think during the hearing didn't we talk about the door not being labeled yes like maybe there should be something that says employee only your staff or something I think they testified that they did put a sign up they put a security lock on it um I agree with all of those things I'm going to ask the staff this is an example of some of our improved processes we're trying to put into place to actually upload this incident report to the docket so that future boards will have it at their fingertips since we no longer have paper files in front of us so I would like the link to the actual incident report that we're discussing today and um the vote um doc if it's possible to to link the video that would be even better but I think this is a process we need to um start doing that sounds really good thank you as commissioner car has said there'll be a day when we're not sitting in these seats and somebody else will have to refer to this so no violation of incident report to be to the docket sheet um videos if possible it sounds like yes item number three uh it will be continued to the next available hearing date item number four 1732 Center Street Inc doing business as West located at 1732 to 1736 Center Street in West Roxberry date of the incident February 24th 2024 assault and battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A the license permit called 911 they had separated the parties they had um had them go out separate doors I appreciated the fact I would had the opportunity to ask follow-up questions because they did say that at one point both bartenders are outside trying to keep the parties away from each other but they ended up finding each other again I think they did everything they possibly could to deescalate and prevent um a bigger incident from happening so I see no violation I saw it the same way I agree no violation item number five Pier 50 LLC doing business as committee located at 50 Northern a date of the incident April 14th 2024 assault and battery with a dangerous weapon a glass Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 15a and assault and battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A I didn't think this was foreseeable um staff called the police it escalated very quickly and everyone left before the police got there so I don't see a violation here I agree I agree no violation item number six has been scheduled for the August 20th uh violation hearing item number seven patina boss LLC doing business as banners Kitchen and Tap and hub Hall featuring momosan Ramen by Morimoto located at 80 to 82 Causeway Street date of the incident June 6th 2024 person under 21 in possession of alcohol on premise in violation of Mass general laws chapter 138 section 34A 34 C and 64 64a um I see a violation here uh this was a fake New Jersey out ofate license NBA Finals um they did ret return and discipline this employee but um the video it wasn't even crowded um I just see a violation yes yeah I agree the vote is for a violation and as for the disposition of the violation um I don't have their history in front of me I'm looking it up right now there's no history at this location first warning uh warning yes are we doing any correspondence and we we talked about a lot of details during the hearing I don't know if the just a discussion would be enough or we want to memorialize it oh like asking for a backup and yeah I mean all the basically the stuff that we talked about sure um Danny we can memorialize our discussion in the correspondence to the board and if that could also be uploaded to the docket so we have that to refer to in the future great so violation with a warning and correspondence from the board there I did want to bring up one thing I noticed in the video and i' maybe like to see especially with these Food Hall type things um where it's you know a somewhat uncontrolled atmosphere um this young man clearly had a friend with him who looked even younger and was hanging back in the video you can see it um and I'd like this place uh you know particularly to try to identify groups of young people and and I you know confirm the ages of everyone who might be in a group oh to prevent handoffs handoffs or just you know I mean that that could influence their decision to even serve the the one person just saying you know we'd rather not serve anybody in this mixed group of of of age and underage you know so idea I mean they can decide how they want to handle it but I think they they should be aware of the age of everyone in a party right so correspondents can include um the need for checking backup for anyone who looks selling as well as uh identifying group groups of youngl looking uh patrons confirming ages of all of them to prevent pass offs great thank you item number eight a andb Burgers Causeway LLC doing business as a andb Burgers located at 101 Beverly Street date of the incident June 6th 2024 overcrowding 184 mechanical count capacity 129 indoors 39 outside in violation of Mass general laws chapter 138 section 64 in boards rule 1.03 J and 1.06 a and F this was an unfortunate situation again NBA Finals the doorman just didn't show up the manager jumped in tried to manage the door and he couldn't they were way over capacity [Music] um I see a violation yeah unfortunately was a violation I agree they have no history at this location so um that is true my vote would just be for a warning I agree violation with a warning moving on to the transactional hearing which occurred yesterday Wednesday August 7th 2024 item number one virtual fulfillment center LLC doing business as virtual Food Court vfc located at 313 Old Colony AV in South Boston has applied for a common Vitor license manager Danny alir hours of operation 11:00 a.m. to 11:00 p.m. and the board did receive this morning a revised application uh for dinin service only for 14 seats my vote would be to approve the application for D in service only with 14 seats I agree that's reasonable yes and any change to that they'd have to come back to the board application is granted for D in service only with a capacity of 14 uh and any further changes will require uh coming back to the board at number two raising can's restaurant LLC doing business as raising can's chicken fingers located at 101 Arch Street uh has petitioned to change the closing hour from 9:00 p.m. to 2: a.m. uh and the board received correspondence this morning that that has uh been further revised to a 12:00 a.m. closing indoors and 11:00 p.m. Outdoors this lense is looking to open up in 3 weeks um they have agreed to change the closing out of 12:00 p.m. which I am comfortable with um my vote is to conditionally approve it this license would not be issued until I see in writing that the security um the whoever's going to pay for security is um put into place right now they have agreed to security but they don't know who's going to pay for it I think it puts the board in a difficult position to approve this without further information so I just would like to I approve it conditionally but I will not issue the CV until this board feels comfortable with the Arrangement they have on security sounds good makes sense so it sounds like this is uh granted with the revised hours but not to be issued until the board receives final agreement regarding the the security uh costs yes okay great items three and four Baco Fenway LLC doing business as Baco uh located at 1321 bston Street and item four Taco 4 point LLC doing business as Baco located at 25 Thompson Place have both petitioned to change their manager to Anthony Figaroa I vote to approve Mr Figaroa as ner record I believe he has the appropriate character and fitness to serve I agree I agree as well item five rhubarb Inc doing business as O'Brien's located at three Harvard AV in alustin has petitioned to transfer the license to aluson live concessions l LC doing business as O'Brien's pub at the same location Timothy filin manager with a 1: a.m. closing hour and has also a petitioned to update the description of the premise to 3517 Square ft two rear exits to yard main dining room located in one room on first floor with table seating for 48 and bar seating for 31 and two bathrooms storage in seller and an outdoor annual patio for 32 patrons on private property between the hours of 11:00 a and 10 p.m. I vote to approve the transfer I vote to approve Mr filbin and I vote to approve the updated description I think that's it that's all agree I agree I agree thank you item number six Lara restaurant corporation doing business as Factory restaurant located at 299 Hancock Street in Dorchester has applied for a common vitler 7-Day wines and Mal beverages license manager yimi Lara Closing Time 11: p.m. I vote to approve Mr Lara manager record I believe he is the appropriate character of Fitness to serve I also vote to approve this application for a um 7-Day wine and Mal license um that approval comes with a condition that should one become available they would be issued one so approved pending availability I agree I agree as well brand pending the availability of a license for which they qualify item seven Flagship Restaurant Group LLC doing business business as forella located at 33 north square has applied for a common or 7-Day all alcoholic beverages license a manager Shane and mwan closing time 2: am indoors 11:00 p.m. Outdoors um the the testimony was that um they're seeking this um 7-Day all alcohol license um and that this would enhance their offerings in the North End um they are a um it's a small restaurant but um there's not a lot of those in the north end with these all alcohol licenses um we did receive correspondence later in the day from the um lensey that they would be willing to surrender their license to the board should one for which they qualify become available um all that together I do believe they met the met the definition of public need and my vote would be to approve it pending the availability of one for which they qualify and to approve Miss mwan as manager record and the approval would be conditional on that turning into the be and wi yes they would surrender that to the board that for Value license yeah that's what I would vote for y I agree granted pending the availability of a license for which they qualify on the condition that they surrender their existing um on the C license moving on to non-hearing transactions the following are applying for a new common vict license at a previously licensed location item one vorel Corporation doing business as BGA Del located at 645 East 2 Street in South Boston manager Felipe angelene hours of operation 7:00 am to 11: PM I vote to approve I agree I agree item two my yogurt LLC doing business as kiso at 42 North Beacon Street in Altin manager Lely Wang hours of operation 9:00 a.m. to 11: p.m. I vote to approve I agree I agree and item three Alo natural LLC doing business as Alo natural as and coffee shop located at 256 Marginal Street in East Boston manager taner Garcia hours of operation 6:00 a.m. to 10: p.m. I vote to approve I agree I agree following have applied to make changes to their existing common viter licenses item one Starbucks Corporation doing business as Starbucks Coffee number 7564 located at 60 to 62 Boon Street this petition to update the capacity from 12 seats to uh no seats as a takeout only vote to approve I agree I agree and item two similarly Starbucks Corporation doing business as Starbucks Coffee number 857 located at 222 Cambridge Street has petitioned to update the capacity from 23 seat also to no seats for takeout only I vote to approve I agree I agree following have applied for one-day amendments to their existing licenses item one 30 Fleet Street Corporation doing business as Luma located at 30 Fleet Street has uh applied to extend their license to an outdoor patio for the fisherman's Feast between August 15th and 18th from 12:00 p.m. to 11m I vote to approve I agree I agree item Two Notch Brighton Tap Room LLC located at 1420 to 1440 Soldiers Field Road in Brighton has applied to amend their license to uh for a Brighton Bazar vendor Market on August 14th from 5:00 P p.m. to 10 p.m. I vote to approve I agree I agree item three BPOE of the United States of America Inc doing business as Boston Lodge of Elks number 10 located at one moral Street in West Roxberry has applied for a one-day amendment to expand their license to include a contiguous parking lot for an outdoor cigar event this will be separate from any employees and has been approved by the Boston Public Health commission this is September 7th from 1 P pm. to 6 PM vote to approve I agree I agree item four Unity Sports and cultural Club Inc doing business as Unity Sports located at 10 Dunbar AV in Dorchester has applied for a series of amendments to include the outdoor parking lot area for a West African West sorry West American Cuisine Festival this is on August 17th 18th 21st 23rd 24th and 25th um I vote to approve um they haven't gotten their temporary use permit yet is that right but we haven't received it yep they have filed uh with ISD for the temporary use of premise for the parking lot it has not been finalized yet by istd okay I vote to approve I agree they be holding the until we get that right y just wanted to not it for the record we haven't received it yet I agree right so granted will not be issued until uh we receive ISD permits and item number five Maro Inc doing business as Nico located at 417 to 419a Handover Street has applied to extend their license to include patio seating for the Madonna de laava Feast August 9th through uh 11th and the hours are August 9th 5 to 11: p.m. and 10th and 11th 12:00 p.m. to 11: p.m. I vote to approve I agree I agree uh the board has before them a list of applications for a special onday licenses um which have been administratively reviewed by staff and approved by the board and on old and new business uh three items for a vote item number one the board had deferred disposition of a violation to review submitted video evidence licen is bhc Corporation General partner doing business as Club Cafe located at 209 Columbus AV date of the incident was May 19th 2024 this was an assault and battery employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A thanks Danny before I get into my reasoning and discussion just a comment for the record um and for the leny we received five minutes before the hearing started a seven-page letter that included affidavits from employees as well as at least seven video clips short video clips they were very very helpful video clips seven page letter was helpful I believe it would have been I would have had an opportunity to ask more informed questions at the hearing itself had I had an opportunity to review all this material before the hearing going into these hearings especially with violations with no information beforehand um I think puts the board at a disadvantage it actually puts the ly at a disadvantage we can't ask follow-up questions on the record that being said I appreciate all the information they did submit um I did see a violation here uh the employee with the white baseball hat um two different times put the patron into a headlock I don't think this was an appropriate response to what was going on what we couldn't hear what was going on I understand it was it was intense and um words were exchanged but I don't think that was an appropriate response so I see a violation yeah I think this situation um speaks to the disadvantage that the the premises put themselves in by not giving us the clips before because what they describe and what you know their interpretation of the video doesn't always match up what we see and we didn't have a chance to discuss that so I think what you what you said was apt here that that you know we need to see the stuff beforehand so we can basically to prepare yeah have a we'll have it back and forth with them too you know other many times you know I've reference I'm watching the video and this is what I'm seeing and they have something to say about they can they can kind of explain you know okay that's what you think you're seeing but this is what happened you know like you said you can't hear what's being said and all that kind of stuff but they didn't really speak to any kind of headlock they they told us it the physical force was completely you know um propor and and necessary but the video doesn't quite show that so you know I don't know if they would have had an explanation but they they didn't provide it so I also saw um one particular headlock that just seemed to come out of the blue he was just they were just standing there and it just seemed like they were having a heated discussion but you know the Securities arm just went right around the um the the the patron so without that context without knowing you know we heard some of we heard some testimony about what was said and it was offensive language but um you know does it warrant uh an out of the blue physical touch not sure and I and at at this point no so sounds like the vote is for a violation across the board yes and try to put up their history yep um they I'm looking right now there was a no violation for staff on Patron uh in um this would be a first warning I agree I agree and maybe you know some correspondence about deescalation and making sure that um the staff acts appropriately and Danny I'm going to ask again that you Marian work together to include that correspondence as a link in the docket um and a copy of the police report great or even a link to the folder I'm not quite sure how that works but again I I have to emphasize that we are getting this material for these hearings so late it puts us at a disadvantage but more importantly it puts the lenes at a disadvantage because the hearings are not um informed that can go into the correspondence as well important information for more time to prepare for it and they sent this to us 5 minutes after the hearing started I needed more time due to my schedule to review it to think about it take even given that additional time I felt I had more questions and was not able to get them answered that can be address so warning the violation sorry violation with a warning and correspondence from the board item number two uh another violation that the board had deferred disposition of to allow time to receive any existing internal reports or videos from the licy which is K andk Restaurant Group Inc doing business as Estella located at 49 Temple Place date of the incident was uh May 13th 2024 assault and battery Patron on Patron in front of premis in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on police officer in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13d we did receive additional correspondence the lcy I believe yesterday which um outlined the corrective measures they put into place including canceling these Mother's Day brunches um my vote is for a violation for Assa and Battery Patron on Patron and a violation for salt and Battery Patron on police officers um to me what happened that evening um should have led to them saving the video automatically um again I believe video could have been helpful to us at this hearing but it did not exist um so my vote is for two violations yeah I I was you know unsatisfied with the lack of video but as far as what what was presented I didn't have a violation I I was thinking more correspondents to lock them into to saving video and and basically for the future we can find a negative inference but I didn't you know I don't have any recollection or documentation of us really kind of drilling down on the need to save video so um I I was I'm definitely not happy about it but I just didn't think that uh in in this because they they called the police they you know they separated the parties um I took it I took their word for it that the people that were fighting outside weren't the original combatants that they had kept the one of the original combatants away from the first and it was a third party kind of reinvigorating the fight outside um definitely would have wanted to see the video not satisfied that we don't have the video but uh I couldn't but I mean the only I I think I agree with you that what the problem really here was that they didn't have the video um but I I just don't know if where we've locked them into it okay so not to interrupt you and get in front of commissioner Saxon but this is a learning opportunity for staff the docket says correspondence from the board I don't have access to that so I would like from the previous Hearing in April where we sent correspondents which my memory was we told them to preserve video to have that linked to the docket sheet so the Commissioners can refer to that when deliberating I respect what commissioner Karin is saying given the information we have we can't he can't get there but would like our staff to I will link that correspondence but that was not about preserving video we did have video of that incident that was about patrons leaving with drinks okay yeah well I would like the correspondence there because I can't remember UND hearings I have the number of you know my schedule is double some other people's schedules so I can't keep it all straight understood and this is just something we've been working through with staff yeah I mean I um the the testimony I wasn't uh sure that there was foreseeability with that particular incident um I mean after the fact I do I I do find it problematic that um they didn't take uh all of the steps in order to protect the the license which is including um preserving the video um but the violation isn't for that so um maybe a strongly worded correspondence from us talking about the importance of preserving it uh may I jump in yeah that you know a point we I think we've all made in the past is you get to the hearing and to find that video wasn't preserved it indicates a lack of seriousness that they didn't take the incident seriously and I definitely find that here um I you know I just think in the past the way we handled it is to kind of lock in a particular ly and saying hey you know we won't accept this in the future now and I think that's what we've been doing so I I think that's what we need to do and that that idea that you need to know on the night of you you need to make an evaluation that this was a serious incident and therefore I have to save video you know make written written accounts of it and all that and it has to happen on the night can't be when they get the hearing notice from us you know months later if it takes months and and we and just to make sure we do not have a hearing notice prior to this incident that talks about the importance of preserving the video to you may not but I don't know because I can't read the correspondence but I know I've discussed it with this leny at nauseum in person and yeah um on the hearings so it looks like it's a two to one vote I am still voting for a violation and um we want correspondence addressing the video I think given the seriousness of this with the police response three different um every single police officer and the area had to respond I would think that they should know to preserve the video if if we have this lcy locked into yes I if if when even prior I I I would vote to defer because without that I'm not there if we think we have it I'd rather I'm not sure it sounds like the correspond had to do with um sounds like the correspondence had to do with drinking in public yeah if we had them locked in on preserving video I would definitely be violation here neg negative inference for the absence of video and I would find a violation but yeah I I will check I do not believe that preserving video has been a problem with this Licensing in the past I think it's been a problem we may not have something correspondence that's correct so I think if we're confident enough I I'm I am still no violation yeah I I still just kind of rest on proability I mean I I understand that you know in the end you know it it was quite a melee but um you know could they have prevented it I um from the testimony not of course not the video but from the testimony I don't think so so so it sounds like it is a 2 to1 vote for no violation correspondence from the board about the importance of preserving video that can be linked to the docket sheet as well and we can also send a copy of the board's advisory about the importance of preserving video um for the board in situations like this yeah and just to note like given the absence of video in my role I don't feel like I have enough information given my um previous cions with the ly to determine whether or not um this could have been prevented on his behalf thank you would you like that noted in the disposition of this as well on the docket sheet that the board something like the board notes the lenes failure to preserve video in addition to everything else we're talking about yes I think that's where we're kind of getting at today so we can have that as a reference in the future great yes thank you that's very clear and item number three um the board had deferred to allow for the CL of the community process which we had been told had been completed and then informed just in the past two days by on has not yet been completed the applicant is Robert a caparella to1 Handover Street applying for 70 wines and M beverages with the cor's license we are informed that they are meeting with nura on August 20th a meeting of new Nick has not been scheduled yet but will be held in September with that being said until after that yes order will continue to defer uh until the community process is complete those are all of the items before the board today so that we'll adjourn this morning's hearing thank you all and do enjoy the rest of your day thank you thank you