good morning we will 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 May 23rd 24 today's 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 we'll begin with the licensed forace inspection hearing which occurred on Tuesday May 21st 2024 item number one MW andw Inc doing business as China Pearl Restaurant located at 5 to 9A Tyler Street dat of the incident October 15th 2023 assault and battery with injuries employee on Patron in violation of Master laws chapter 138 section 64 and chapter 265 section 13A uh thanks Danny the ly did forward to the board the requested items um which I did have an opportunity to review um you know I do believe there was an injury happened to this Patron um it's hard to determine whether or not that injury happened at the licensed premise the employees no longer work there uh the victim was in cooperative um the cameras weren't working at the time so um I wasn't able to find a violation here um I think after reviewing the internal report that they had the consistency of that report with what the V alleged victim alleged gave me pause I think it's a very close one here but I think I was on the side of a violation and the the one the the last factor that brought me over the line was if they had called the police that night it could have been investigated contemporaneously and maybe it would have went in their favor um so maybe that I just didn't in the in the circumstances didn't want to give him that benefit of the doubt I was very slightly over the line I I'm voting for a violation but it's very close the violation is for the injury or for not calling the police like what what is the the actual violation no yeah you're right it's for it's definitely for the assault and battery they weren't written up for not calling the police but what I saw was that um during the testimony there was no mention of him being brought to this back room but in the report it was corroborated that he was brought to a back room so just that kind of factual lining up and that them not addressing it um and you know I think one of the points of calling the police in matters like this is that you know it can be investigated right at the time so um you know I think that just as a matter of credibility I I didn't want to give it to them so I and not calling the police they could have gained some credibility but they lost it that's what I need I think that's actually a good point um could it be docketed um with the concerns noted yeah if we if we could just document all these issues that the chair brought up the not calling the police not having the cameras you know so we don't kind of forget about this in the future I think at the very least we need to do that I agree and I have asked staff to include these reports in the doet cheet so the next time we have a hearing we can actually refer to them right away um moving forward that's what I'm going to request of lenses that appear before us um so that we have the full story all the information in one place and we could also request um like a security plan deescalation um they they did submit a security plan yesterday that being said this incident can certainly be docketed and on the the docket sheet we can note that the uh licy did not call police did not have cameras working at the time um is there anything else you would like noted on on the docket sheet for this incident um I do think they said they were going to try to look into preserving the video for longer than 10 days is that correct is that this one that is correct no they're already saving it for 30 days is that correct he he didn't give a straight answer it was either two weeks or 30 days right or was it 30 days 60 days I can't remember he gave us two answers I can't remember the exactly but what are we like we're saying minimum a month I think so yeah yeah that makes sense if possible and then last question commissioner Saxon uh did you it sounds like chrishna kin votes for a violation cherman Joyce does not um do you vote for a violation or not I think do it means for for me would mean no violation for right now but we're definitely um watch we don't want to dismiss it yeah okay and commissioner k your vote is still for a violation I could have been talked out of me but I don't think it's necessary stic with okay great just to make sure we have the vote accur so with two to one there is no violation uh the incident will be docketed with the concerns noted as previously dated item number two will be rescheduled to the next available hearing date item number three Fenway Johnny LLC doing business as Fenway Johnny's located at 96 to 98 Brookline a date of the incident December 5th 2022 assault and battery employee on Patron in violation of math general laws chapter 138 section 64 and chapter 265 section 13A uh thanks I was really bothered during the hearing that the attorney was trying to say that they weren't notified in time to preserve the video I think this preserving the video when you become aware of an incident should be automatic it should be part of the Management's duties um the video probably would have actually helped them in this situation um having said all that I wasn't able to find a violation I believe something happened I believe that they need to um reevaluate their um management protocols if they're not preserving video all the right all the the whole time and then blaming it on the fact that they didn't know about this until or that we didn't notify them of this until weeks later my um I I can't get to a violation however I think um they need to send us um something in writing that demonstrat that they understand the importance of this and I also think we could send them a copy of our advisory and put that on our next agenda um so that it is acknowledged that they've read it they've signed it and it's now become part of their um you know management protocol and something that we're going to be able to hold them accountable to yeah I mean definitely as bothered about the the video thing the argument didn't hold any weight as far as when they were made aware that there was an incident um as my questioning probably tipped off I thought it was clear that night they knew when and where this happened out front and during this kind of you know back and forth uh I can only come to the conclusion that like said if the if what happened went down the way they say it happened they would have wanted that video um and therefore once again I find a I have a credibility gap here I think that if the video was good for them they would have kept it the fact that they didn't keep it um I think that it probably went against them uh I saw a violation once again by a close margin but I I wasn't willing to give them the benefit out here so I had a violation yeah these things are are really difficult here um um I mean yeah I guess I would just have to be consistent with the way we've been talking about these things so um if there's no history uh in particular then I can find a just to docket the this thing and there there are blanket notices about cameras right is more than just docking I I want to send them our advisory and request that they acknowledge that they have read it in writing yeah and we put that on our voting agenda for next month so that it becomes part of their record not just I mean docking becomes part of their record too but this to me is I was I was um not pleased with how their attorney approached this placing the blame on the board for not you know notifying them in time right right I agree so so yeah no no violation docketing advisory in writing yeah so no violation commissioner kin does find a violation Dock at the incident that they did not preserve video send them a copy of our advisory about cooperating with police and preserving video and what are we asking them for in return acknowledging that they've received it or do we also want to see in writing their practices regarding preserving video something like that but I want to see in writing um practices I want them that to be part of the record so we can hold them to that the next time they come before us okay so we will send them a copy of our advisory and ask them to acknowledge it and also submit their practices regarding uh preserving the retention of video item number four gubin LLC doing business as madalo located at 411 Chelsea Street in East Boston date of the incident October 13 2023 assault and battery with a dangerous weapon Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 15a I did not see a violation here I I agree item five qu Cleaning Services Inc doing business Ataris Columbia located at 28 Bennington Street in East Boston date of the incident January 1st 2024 over capacity in violation of Mass general laws chapter 138 section 64 and board's rule 1.03 J and 1.06 a and F manager not ailable on premise in violation of Mass General law chter 138 section 64 hindering enforcement agents in violation of Mass general laws CH 138 section 64 in boards rule 1.10 a andb and expired entertainment and common vitler licenses in violation of Mass general laws chapter 138 section 64 thanks Danny I'm going to go a little bit out of order um I'm going to start with U the expired licenses um I don't see a violation for those they had them they just weren't posted um [Music] um manager not available on premise I don't see a violation there um I think it might have been a communication breakdown um as far as um over capacity I see a violation and hindering enforcement agents they locked the door their testimony was it was to prevent people from entering but I also think when a police officer shows up every single staff member should be responding properly um so so I see a violation for that as well I agree across the board as do I we have an issue here that the lensey has since transferred um the license has transferred or the manager record has transferred is that right Danny just the manager of record no the the license itself has transferred okay the license itself is transferred um I just want to note that the parties involved are are the same parties that the new ownership is related in in the sense that they were um managers and staff and related to the previous ownership um so my vote would be to Yes um I I think their history for overc capacity actually we looked this up this morning the history for over capacity is over a year ago um February 2023 that's correct there was a violation for an overcrowding where the board issued a one-day suspension that was held in Avance for 6 months and uh has since expired the six months ran out so I think um I my vote would be for a first warning it's been more than a year um yeah and for the hindering law enforcement they don't have a history of that so that would be a first warning as well agree sure hey the vote is for a violation and a warning for both the overc capacity and the hindering enforcement agents and no violation for the manager not available and for the expired licenses yes item number six John J Summers co- Inc doing business as Green Dragon Tavern located at 11 Marshall Street date of the incident uh the write up was March 25th although the incident itself was March 16th 2024 assault and battery employee on Patron on premise in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A I see no violation here for this assault and battery and I want to make a comment that they actually went out and physically found police outside to come in and they had two doormen approached the man and ask them to leave which I think is good management and good practice especially on such a big weekend I see no violation though yeah I no violation I agree and item number seven same licy John J Summers Co Inc doing business at the Green Dragon Tavern located at 11 Marshall Street date of the incident also March 16th 2024 overcrowding 215 found mechanical count capacity 149 in violation of Mass general laws chapter 138 section 64 and board's rule 1.03 J and 1.06 a and F the testimony was that um the ly had meetings before this weekend with staff to go over these important issues um and when they discovered that they were in violation they actually let that staff go that being said this was a this was no surprise that crowds were going to be this big that weekend um and I find a violation um given that they have no history at all of this my vote would be for first warning I agree violation with a warning item number eight brewed intentions LLC doing business as the fourth wall located at 228 Tremont Street date of the incident April 6th 2024 persons under 21 in possession of alcohol on premise in violation of MTH General Law chapter 138 section 34A 34 C and 64 to 64a I see a violation I agree I agree and my vote would be for a first warning sound good yes violation with a first warning item number nine uh was a cancellation hearing Russian benevolence Society doing business as Crystal restaurant garage room located at 14 to 20 lyen Street the LC e was put on notice on November 14th 2023 uh that the license uh was potentially to be cancelled uh due to nonuse if it was not cured within 6 months so here we are uh six months later and they have not cured this defect um in their license or I should say that they just don't have a a new person and they haven't used the license I do think it was a reasonable request by the attorneys for an additional three weeks to finish the purchase and sale and the lease agreement these are complicated agreements um the the intended ly was presentent the hearing and testified he thinks there's just a few negotiation issues left um commissioner Karin brought up the fact that our next hearing isn't until June 26 is that right Danny that's correct June 26 I'm trying to be fair I'm trying to be reasonable um I would like to see a complete application and I want to make that very clear to um to them a complete appli is not a placeholder put in our portal a complete application is just that a complete application with signatures and every detail worked out there'll be no exceptions we won't be putting um any um transaction on our agenda unless it is truly a complete application which I will personally review so I'm looking for a complete application including a community process to be completed by June 10th so that they can get on our June 26 hearing and there'll be no exceptions sounds good I think that's reasonable okay so uh license will will be canceled unless we the board receives a complete application uh by June 10th for uh the board to review out their transactional hearing on June 26th and that complete application includes a community process even though it may not be required by on this board is requiring requiring a community process and the board will require Community process facilitated by ons yes great okay moving on to the transactional hearing which occurred yesterday Wednesday May 22nd 2024 item number one 175 Cambridge Street LLC doing business as gongcha located at 175 Cambridge Street has applied for a common viter license manager ding Sun hours of operation 11:00 am. to 9:00 pm I vote to approve I agree item two which was called together with item 13 shamit Hudson LLC doing business as Trillium located at 401 Park Drive as petition to change the closing hour on both their common vict and farmer Brewery and Winery pouring licenses to 1 am I vote to approve I agree item number three Northeastern University located at 60 badier Street has applied for a lodging house dormatory license manager Robert Austin I vote to approve I agree item for parm Copley LLC located at 100 Huntington AV has petitioned to change the manager to Farooq bazon a vote to approve Mr bazon as manager of record I believe he has the appropriate character and fitness to serve I agree item five SMG Newbury restaurant LLC doing business as saraphina located at 235a Newbury Street has petitioned to change the manager to Jonathan brachman I vote to approve Mr brachman as manager of record I believe he has the appropriate character and fitness to serve I agree item six sedexo operations LLC doing business as the Lounge located at 300 Logan Airport Terminal C in East Boston has petitioned to change the manager to Kevin raker I vote to approve Mr raker as manager of record I believe he is the appropriate character and fitness to serve I agree item seven patina boss LLC doing business as Banner's Kitchen and Tap and a hub Hall featuring momosan Ramen by moramoto located at 80 to 82 Causeway Street has a petition to change the manager to Dwight Hoover and has petitioned for a change of officers LLC managers I vote to approve Mr Hoover's manager of record I believe he is the appropriate character Fitness to serve and I also vote to approve the change of officers and LLC managers I agree item number eight will be rescheduled to the next available hearing date item nine Newbury guest house in doing business as Newbury guest house located at 257 to 261 Newbury Street has petitioned for the approval of a management agreement between Newbury Guest House Inc and lumari restaurant LLC I vote to approve the management agreement I agree item 10 DND Hospitality LLC doing business as publico located at 11 Dorchester Street in South Boston has petitioned for a change in ownership interest I vote to approve the change in ownership interests I agree item 11 Flagship Restaurant Group LLC doing business as forella located at 33 north square has petition for a change of LLC managers and for a change in ownership interest I vote to a CH I vote to approve the change in LLC managers and to CH approve the change in ownership interest I do as well item 12 arua corporation located at 30 Bennington Street in East Boston has petitioned for a change of officers directors for a change of stock interest and has petitioned to change the manager to raberto Restrepo Mr esto has already been approved as a manager of record by this board so I vote to approve him again um happy to hear he's going to be on site 40 to 50 hours a week v as well item 13 has already been approved with item two item 14 local Inc doing business as local located at 350 to 352 Handover Street has petitioned to amend the description of the license business to 1,35 Ft restaurant located on first floor to include a kitchen dining area with seating for 30 storage and kitchen and behind bar all Patron exits entrances are located on Hover Street I vote to approve the amended description I agree item 15 Shri cono Inc doing business as Jam's variety located at 13 H Street in South Boston has petitioned to change the category of the licens business to a retail package store all alcoholic beverages license um this is a uh establishment that sells groceries um it's like a a variety store it um offers different things to the community than just alcohol um the testimony was that um you know there is a need for expanding their offerings to the neighborhood there was a ton of support um they've agreed not to sell nips and um I just think it's very important that people understand this if they if they decide to expand their um footprint of of where the alcohol is they need to notify the board I I do not want to see these variety stores and these markets slowly expanding and becoming full Liquor Stores um I understand the to sell some of these products that are considered all alcohol in neighborhoods like this for convenience sake um my vote would be to approve yeah I think I second all your thoughts I think that um you know especially in the light of like no opposition we should prove it but we should definitely scrutinize the situation so I agree on all comes I agree with and I and I will say my I was not intending to vote this way yesterday afternoon because there was no support submitted to the board but the overwhelming amount of support that we did receive in the last day um was very persuasive right were there any conditions I think it was like no nips no nips right and I want the condition that they need to if they intend to expand their floor plan they have to come back to the board for approval uh they also agreed to no singles do you want that yes well yes please so granted with condition of no nips no singles and also so uh no expansion or uh to the amount of floor space dedicated to alcohol or change in floor plan without board approval yes item 16 pqt Inc doing business as green Gardens Liquor and Deli located at 35 West Milton Street in Hyde Park um this is a transfer that was previously approved by the board however what the board had not approved was a pledge to pqt Inc I vote to approve the pledge I vote to approve as well item 17 kudoba restaurant corporation doing business as kudoba Mexican Eats located at 17 17 to 23 foresight Street as petition to transfer the Lo the license and the location to Evergreen eery Inc doing business as Evergreen eery and Cafe located at 154 Green Street in Jamaica plane Phil P manager closing hour 10 p.m. inside and outside has also petitioned to change the classification of its license to a wines mop ever and Lor's license and has petitioned to remove conditions including no bar alcohol service with food only and Patio to be staffed at all times thanks Danny um I vote to approve the transfer the change in classification Mr P is manager of record and to remove the conditions I agree on all counts I agree item 18 workhub Boston LLC doing business as the substation located at 4228 Washington Street in Rosendale has applied for a general on premise all alcoholic beverages license manager Adam rogoff closing time 11m um I believe the um applicant was able to demonstrate public need for um a general on- premise all alcohol license at this location um it's very unique it's a a community space that um has been very successful they have been utilizing our one-day licenses for quite some time now um should an all alcohol beverage license become available available for which they qualify by vote would be to approve I agree I agree and Mr rogoff as manager of record granting pending the availab the availability of a license for St qualify item number 19 yanero Supermarket Inc located at 260 East 8th Street in South Boston has petitioned to change the the category of the licensed business to a retail package store all alcoholic beverages license um similar to the one that we had um earlier in the agenda um they've agreed not to sell nips they already sell singles so um I'm happy that they are at least willing to not sell nips uh this is another example of a variety store or a that sells groceries and stuff and offers those um amenities to the community they're looking to expand what they um offered to the neighborhood my vote would be to approve with the condition that they have no nips and the I wouldn't we add the um no changing in the floor space without yes thank you thank you commissioner curan yes agree granted with the conditions of no nips and no increase to the floor space dedicated to alcohol or changes in floor plan without board approval moving on to non-hearing transactions the following are applying for a new commit license at a previously licensed location item one Boston Cappies Inc doing business as Cappy Pizza and Sub located at 82 Westland AV manager hares Kumar Patel hours of operation 7: am to 3: am I vote to approve I agree item two AUA 168 Inc doing business as rice away located at 296 Washington Street in Brighton manager P pong WLA hours of operation 6:30 AM to 10 pm I vote to approve I agree item three lnco Inc doing business as gal Vietnamese Kitchen located at 10:35 doorchester AV in Dorchester manager San Le hours of operation 8: am to 10 pm I vote to approve I agree item four ma 21411 Subs Inc doing business as Subway located at 417 Washington Street manager Hendra Patel hours of operation 7: a. to 12: a.m. I vote to approve I agree item five Sammy Carlos delicatess and Catering Inc doing business as Sammy Carlos delicatess and Catering located at 567 Bennington Street in East Boston manager Steven Shire hours of operation 7:00 am. to 11: p.m I vote to approved I agree item six land of beer Mass LLC doing business as gangcha located at 700 Atlantic AB this is with ins South Station manager Muhammad sadik hours of operation 8 a.m. to 8:00 P.M I vote to approve I agree item seven Goldberg food Enterprises LLC doing business has house your meet located at 5272 Washington Street in West roxburry manager Steven Goldberg hours of operation 8: a.m. to 10: p.m. I vote to approve I agree I agree item eight shata LLC doing business as shaat restaurant located at 6:30 hide Park AV in Rosendale manager Gera Pierre hours of operations 7: a.m. to 11: p.m. I vote to approve I agree item nine doorchester Hot Chicken Inc doing business as Boston Fried Chicken located at 105 Bowden AB in Dorchester manager Zafar Ali hours of operation 10:00 a.m. to 11: p.m. I vote to approve I agree I agree item 10 Apex Dumpling Kitchen LLC doing business as Dumpling Kitchen located at 79 River Street in matapan manager W Yan hours of operation 11:30 a.m. to 11:00 p.m. vote to approve I agree and item 11 Los Compadres takaria Inc doing business as takaria Los Compadres Mexican food located at 26 Province Street manager lady Lara hours of operation 10: am to 11: p.m I vote to approve I agree following have applied to make changes to their existing common vitler license item 194 Shirley Street boss LLC doing business as South Boston bites has petitioned to change the DBA to roxbury's New Market food Hub I vote to approve I agree item two jaffre Corporation doing business as Elin conito located at 226 suar Street in East Boston has petitioned to change the manager to Marcel Monera I vote to approve I agree item three Monumental Market Group LLC doing business as Monumental Market located at 36 South Street in Jamaica plane has petitioned to change the ownership interest to Kelsey Monger 100% this a buyout of the other 50% partner um I go to approve I agree and item four Anam Mo LLC doing business as Cafe Quattro located at 817 Harrison AV in Roxbury as petitioned to change the operating hours to Monday through Thursday 7:00 a.m. to 10: p.m. Friday to Saturday 7:00 a.m. to 11:00 p.m. and Sunday 7:00 a.m. to 9:00 p.m. I vote to approve I agree I agree following is applied to make changes to their existing dormatory license uh she Sam Fenway alumni Corporation doing business as MIT located at 34 Fenway has applied for a change of capacity to 26 residents uh this matches new certificates from ISD I vote to approve I agree I agree and the following have applied to make changes to existing lodging house licenses item 284 hexagon LLC doing business as number 284 located at 284 Commonwealth AV has applied to change the manager to Ivon canel vote to approve I agree great and item two cares communities Inc doing business as 28 Mount Pleasant AV located at 28 Mount Pleasant AV in Roxbury has applied to change the manager to Thomas Nee I vote to approve I agree great we have one application for a one-day Amendment Notch Brighton Tap Room LLC doing business as notch Brighton Tap Room located at 1420 to 1440 Soldiers Field Road in Brighton has applied to include a beer festival in a separate adjacent indoor space on June 8th from 11 am to 11: PM I vote to approve I agree board has before them a list of applications for special one-day alcoholic beverages licenses which have been administratively reviewed by staff and approved by the board and there is nothing on old and new business those are all of the items before the board uh for today so that willj this voting hearing thank you you thank you all thank you