##VIDEO ID:Nan4IjQBABY## good morning we'll give just a moment to clear the waiting room and make sure that folks have connected to audio as a reminder when you are entering from the waiting room please do remain on mute unless or until you are appearing or testifying before the board good morning this is a hearing before the licensing board for the city of Boston to today is Tuesday August 6th 2024 today's hearing is being held pursued to Temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the city of Boston's website before I review procedural matters I will introduce chair one of the board Kathleen Joyce thanks Danny good morning my name is Kathleen Joyce chair of the Boston licensing board today I am joined by commissioner Liam Karan and commissioner Kiana Saxon thank you please ensure that your audio and visual rules 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 L who is present on behalf of the Boston Police Department and whether there are any other individuals with firsthand knowledge of the alleged incident who wish to testify I will then swear in all parties after that the police report will be read into the record and the Len or their representative will have the opportunity to make a brief statement followed by questions by the chair and Commissioners I'll test will be limited only to those individuals with firsthand personal knowledge of the alleged incident begin with the first item on this morning's agenda calling item number one Jan hung Inc doing business as new moon Villa Restaurant located at 15 to9 Edinburgh Street date of the incident October 27th 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 who is present on behalf of the leny do we have anybody with us on behalf of New Moon Villa we will contact the ly and take a second call calling item number two Lolita Boston LLC doing business as Lolita Cina and tequila bar located at 271 Dartmouth Street date of the incident December 7th 2023 911 call for medical assist female Patron in violation of General Law chapter 138 section 64 who's present on behalf of the leny William Burke from Prince LEL Tha together with Maggie Roberts from my office and Mark Malatesta is coming on momentarily from Lolita uh thank you we do not see Mr Malatesta on here yet um in the meantime we will see who is here on behalf of the Boston Police Department officer P from Boston Police Department thank you officer Powell uh are there any other individuals with firstand knowledge the El incident who wish to testify sir it's just going to be myself today thank you and I see Mr mesta entering from the waiting room right now so we will give him just a moment we'll swear him in thank you Mr Green Mr Malatesta I see that you have joined we are on uh item number two right now I've just asked you to turn your video on thank you very much um your attorney has already identified you if you could please raise your right hand and officer Powell as well do you just sorry I was muted no worries thank you thank you for being here do you SAR to tell the truth the whole truth and nothing but the truth I do thank you if you could please read the police report with the record for the board about 12:27 a.m. on Thursday 127 2023 officers pow and in the Delta 10 responded to an unconscious female at Lolita Back Bay 271 Dartmouth Street Boston also responding was Delta 9912 Sergeant Sullivan it should be noted delta2 conducted a code 35 licens premise check Boston EMS Soria McKenna in the alpha 104 and the papa 101 Allen and Walton also responded officers were wearing body warn cameras upon officers Powell and Marshall observed the unconscious victim at the bottom of a flight of stairs in the bar near the bathrooms the victim was later identified as Rebecca Han while Boston EMS was providing medical attention officers Powell spoke to the Isabelle Bruno the witness witness stated that she was the victim's coworker and they drank half drinks when the victim got up to go to the bathroom the witness St that 20 minutes had gone by and she then went to go check on the victim at that point the witness said she found the victim unconscious at the staircase leading to the basement the Delta 912 was able to call the manager Rachel Caruso and the owner of the restaurant Chris Jameson who were not unseen during the time of the incident but were made aware of the incident the Delta 912 recovered video footage of the incident the victim was transported to Boston EMS to tff's Medical Center for further medical treatment officers Po and Marshall followed the ambulance to the hospital officers spoke to registered nurse kathern Giles who advised that the victim suffered serious injuries but those injuries were not life-threatening officers were advised that the victim had El laceration to the back of her head and at the time of this report was currently undergoing further medical testing to determine severity of injuries thank you very much officer Powell attorney Burke would you like to address the alleged incident yes thank you Mr Green uh good day officer Powell uh on behalf of Lolita thank you um when you appeared did you find the staff uh Cooperative in the course of your investigation of this incident yes sir I did and did you did you find any uh outward signs of any intoxication or any else that had to do with with this particular incident no sir did you uh in fact examine um the area where this uh young woman fell yes sir I went I didn't go all the way down to the bottom but at the top I saw the door that was open and I saw the stair case and the open basement okay and and did you come to understand that that's a basement area where liquor is stored and accessed by employees only yes sir and and is that uh some 8 to 10 feet away from the Ladies Room uh yes entryway door yes sir okay and um uh this was in fact reported by the staff to the Boston Police Department was it not yes sir okay I don't have any other questions of the officer Mr Green great thank you uh would you like to ask questions of your witness uh Mr Malatesta did you are uh here you're representing Lolita did you conduct an investigation following this incident we did and did you in fact speak with Mr Irving rascon who was uh senior manager on site at the on the evening in question yes sir in addition to the bartender who was taken care of the two guests yes and that was uh Mariana rier is that correct um I believe so she was one of the people present yes right and and did you in fact learn from checking how many rounds these folks had had prior to this incident uh they arrived around 10 1010 10:15 and the incident there was total of two drinks each I believe and the incident happened around midnight right correct and uh it was uh your worker Mr Rivera I think Eduardo Rivera that first saw this woman and reported it to Mr rone and that caused the Boston police and EMS to be notified is that correct correct yes and uh was there any indication of any wrongdoing or any over service of alcohol that you uh uh came up with in the course of your investigation no sir and uh did you in fact determine that uh that this woman had accessed this basement doorway instead of accessing the ladies room door correct and are you aware of any witnesses to this incident where she went down the stairs no sir and do you have any idea how long she was down there before discovered by your uh employee Mr River um no her friend said she was gone for about 15 to 20 minutes so okay I don't have any other questions of Mr Malatesta Mr rain thank you attorney Burke we will see if the board has any questions uh beginning with chairwoman Joyce yes can you explain how the door at the top of these stairs was open it's an electronic lock we actually upgraded it um when we did our renovation and for some reason it seems as though it did not latch the door was shut so you can see on the video she walks over to a shut door pushes it open and then goes you can't see anything more from that but um the lights lights are on it's not a very dark area um I'm not sure how this really happened will you submit the video to the board yes it's been it has been submitted to the BPD uh Madam chair okay so there's an up we upgraded the door closer that was on there so it was a heavy duty closer so that there's no chance this isn't stay shut lock and it locks automatically so it's not as though the door was left open or purposely anything it just you know the door was not the electronic block did not did not like so the police report says that her friend was the one who found her um how did her friend find her just went the door and fell down a flight of stairs yeah I mean she went to go to the bathroom and just went to someplace she didn't belong and then fell down the stairs somehow it was Mr Rivera an employee uh that did notice her and saw Mr rascon and Mr rascon the manager on duty went and located Miss Han who's the woman identified as a witness uh in the Boston police report so you're your employee found the woman at the bottom of stairs and then went around the bar and happened to know who she was with no what I believe happened was a guest notified one of our team members I don't believe it was her friend uh we grabbed the manager the manager then immediately checked called Call 911 I think she went to check on her friend maybe while this was all happening I don't believe that she was the person that found her right do you have signs do you have signs on these doors that say do not enter or employees only um there is no but it is always locked it automatically locks it's the same door that's been there the same hallway for the last 14 years there nothing nothing has changed we've never had anyone get in there before okay um gonna ask you to submit the video to the board before we'll we'll do that yes of course uh commissioner Karina commissioner Saxon do you have any questions um is the restroom downstairs no all right so she wouldn't have been directed to go downstairs no you n basically you walk right passes door into the restroom Corridor I don't I'm not sure why she stopped there that that's all I have I think thank you I have no questions thank you thank you very much the board will take this matter under advisement and please do submit the video either in person to room 8 United City Hall or to licensing board at boston.gov and we will share that with the Commissioners when it's received we'll do thank you item number three has been continued at the request of uh their Council and will be rescheduled the next available hearing date calling 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 and violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who was present on behalf of the licensing uh uh Joseph Green the owner and uh Chris Par the manager that uh who's here that night thank you very much who is present on behalf of the Boston Police Department detective McIntyre was I saw him logged on here moments ago but as you hear now I see I'm Brenda McIntyre Brenda McIntyre thank you detective I'm going to ask you to start your video if it's possible to turn your camera on so we can swear you in okay here we go thank you very much I'm sorry B that no worries 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 do you SAR to tell the truth the whole truth and nothing but the truth yes yes thank you detective McIntyre if you could please read the police report into the record for the board yep all right about 1:56 on Saturday Saturday February 24th 2024 officers Paul's Paula Mills in the Echo 103 Alpha responded to a radio call for a fight at 1732 Center Street on arrivals officers encountered a group of individuals in front of the West LA Cent restaurant the group was made up of the following name suspects David Dixon Ellen rosac Gregory mcwine and Matthew nasv of the involved parties Dixon and MCN were at the bar um together while rosin and nists were together all parties involved were in agreement that a fight had taken place however each side had different explanation as to what occurred according to nasv and rosac CR inside the establishment nasv had encountered MC Winnie who had bumped into him SE multiple times at one point he had asked MCW to stop bumping into to him um at which a point a fight ensued NF reported that mcin had struck him in the face several times with a closed fist according to mcin while inside the bar nasf had been antagonizing him at one point he had reached his limit and offered to fight NF which led to an altercation bar staff separated the parties and scored each out via separate doors the involved parties then sought each out sought each other out in front of the bar and an altercation insumed Ros of CR that once outside he was assaulted by Dixon without provocation Dixon allegedly struck him in the face with any involvement in the alteration nasf Ros CR MC Winnie all bore what appeared to be minor physical injuries which would suggest that they had been involved in a fight this included small cuts and mocks about the face and nose all parties declin medical attention those involved were check for warrants prior to the prior to being released from the scene due to this being a licensed Prem premise the L 902 Sergeant palon was notified um on Saturday February 24th 2024 detective McIntyre was assigned to investigate an assault and battery that occurred at the Weston center located at 1732 Center Street in West rockburg detective McIntyre responded to the Weston Center and reviewed security footage of the incident footage shows an unknown white male later identified as Gregory mcin standing at the bar with another group of patrons mcin then backs into the victim later identified as Matthew nav who is standing at the table talking to an elderly Patron who was seated at the table a verbal argument then ensues between nav and MCW before mcin slaps NF across the head with his right hand and pushes him away with two hands another patron of the bar then steps in to break up the fight and MCW wheny strikes him across the head two times with his right hand and throws three more punches towards him a scrum then ensues involving several people in The Establishment and N of and MCW become locked up mcin is observed then heading headbutting nasf across his head all parties involved in this incident were identified by responding officers and check for warrants prior to being released from scene complaints to be sought against Greg MC at for assault and battery at West Roxbury District Court thank you very much detective uh Mr Green would you like to address the alleged incident um yes um unfortunate incident um you know I think think we did the best we could unfortunately we had never seen this uh uh MC winny or Dixon um they it was I believe their first time at Weston Center um they definitely were just two aggressive individuals looking for a spoiling for a um spoiling for a fight um I believe Chris and our crew did the best they could as soon as something happened they got on we got them outside we separated them and um and and that's about it Chris do you have anything to add yeah I mean it all happened within less than 30 seconds before we had them separated got them outside while they were so verbally jarring at each other and just like you said through different doors to get them out thank you anything further to add before we move to questions from the board um that's really it I mean we as soon as it happened we called 911 we called actually I'm not sure we called 911 or we called uh the are E5 directly but um yeah I think it was 911 okay thank you with that we will uh turn to see if there are any questions chair Roman Joyce it sounds like you broke up the parties they went out separate doors did you see them leaving or I mean it sounds like the dispersal plan failed if they then were able to find each other around the corner and start fighting again by the time sorry um I believe M Miss MCW went out the front door and Nas went out the back door and by the time we got them separated out different doors uh the cops the police department was already on their way and so they sort of kind of communed into the front and the mcy kid he definitely was he was still spoil from what I understand he was still kind of spoiling so he was spoiling for a fight so he was you know one goes out the front one I mean they were around the corner but they still but my question is did your staff exit with them and make sure that they left car how long did your stay ST stand outside with them yes we did there was at one point both our attenders were outside for a period of time trying to still continue to break it up um I do not know how long they were out there I know at least one was out there until the uh police department arrived okay oh thanks commissioner car commissioner Saxon do you have any questions uh when would the police call when initially in or when they were continuing to fight outside I think in as soon as it started yeah okay that's all I have thank you nothing to add thank you thank you all uh if there are no further questions the board will take this matter under advisement thank you thank you calling item number five Pier 50 LLC doing business as committee located at 50 Northern AB date of the incident April 14th 2024 assault and battery of dangerous weapon 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 MTH General law chter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny good morning attorney green Madam chair Commissioners Saxon and Curran Steven Miller mcdermit quilty and Hanley also with me this morning is the manager who was in um present and in the middle of this is altercation uh Jenny Nan and the manager of record George Alis excuse me great thank you there we go I see Mr there we go I see them both on camera now thank you very much who is present on behalf of the Boston Police Department umen detective Troy the sergeant in question is injured and um the detective and police officer was summoned or not present thank you lieutenant detective 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 do you sir to tell the truth the whole truth and nothing but the truth thank you thank you lieutenant Troy if you could please proceed police report for the board uh reading from a police report written by Officer Carl Carlson verus it reads as follows on Sunday April 14th about 6:05 p.m. officers bernius and milet responded to the committee located at 50 Northern a for reports of a fight on arrival along with Sergeant Harrison officers metth with h victim Chris McDonald officers observed McDonald to be holding a cloth filled with ice to his nose to help stop bleeding uh the bleeding uh McDonald stated a ver verbal argument took place which escalated to McDonald being physically assaulted by a group he was arguing with McDonald stated that after the assault the two unknown men along with three unknown females left the area prior to police arrival McDonald stated he was punched in the nose and hit over the head with a glass container hton hospitals arrived on scene and uh Mr McDonald was uh evaluated uh Mr McDonald required or a declined further medical treatment offic spoke to the manager on Judy um Jenny new Jen who was very cooperative and stated she not witnessed the alterated altercation but separated the group and Eugen stated uh video footage would be made available to detectives McDonald stated he was not sure who the as salant was but described the victim as a white male with beard and another tall white male with a goatee and a blue shirt Eugen also provided officers with the barab from one Robert joerger who was part of the suspected group uh Sergeant Harrison issued a code 35 license promise violation uh that's the extent of the police report thank you very much attorney Miller would you like to address the alleged incident obiously Lieutenant you you have no knowledge of the incident you're just reading the report correct correct sorry um I have Jenny Nan who was uh the manager and and involved in this incident um and I'd like her to testify but just briefly um Mr McDonald and another uh Patron that he was with asked to speak to a manager uh about some service issues that manager was Jenny Nan uh Mr McDonald and his uh friend came up to the bar Jenny newon was behind the bar um and started discussing his issues these other people these two guys and three women were next to where this discussion took place for whatever reason they decided to be Ruden and interrupted excuse me discussion um the uh Jenny asked them to basically mind their own business they kept interrupting uh she tried to deescalate they started arguing between them she tried to deescalate it looked like it was going to be an issue so she told the bartender who was standing with her to immediately call the police from the time she went around the bar to address the situation with these two people in the other um five the two men and two three women um it appears a punch was thrown and the glass was thrown she did not see who did it um but the police had already been called before this incident even occurred she didn't see who did it and um neither did neither did the victim she addressed the victim she knew the police had already been called and the um the five people involved in it on the as salent side immediately left the premise before the police got there so um Jenny are you there I know I am so you heard my brief description Jenny um that from the time you um were speaking to the um two individuals and and that requested to speak with you and the other group was interrupting when you thought it was going to be a problem and you asked the Benda to call the police he walked around the bar um to go outside and and address the situation was that a matter of 30 seconds or 45 seconds approximately how long did that take um so it probably took around within 30 seconds um you know I was behind the bar during right before the incident um as soon as I saw like the glass of water being thrown to the victim and his party you know I advised my bartender to call 911 in case that the uh incident has escalated myself and another bartender uh went around the bar to try to deescalate and separate the two parties um you know it probably happened within 30 seconds so I wasn't really viewing for seeing what had fully occurred and by the time you get around the bar um the um victim had been punched and um the the uh people involved immediately left the premises yes correct by the time that uh myself and the other bartender had uh went around the bar the group of as salant had already left and the punch was already thrown and at that point the police arrived you spoke to the police and um you were able to give the police a copy of the bartend from bar a barart tab from one of the individuals uh yes correct I have I have no further questions judge abajar is here Al as the manager of record he can answer any of your questions also but I have nothing further of of Jenny thank you attorney Miller we'll see if there are any questions from the board chair Roman Joyce good morning I don't know if anyone can hear me my name is callon brus I am here one of the officers that responded to a committee I was vacation you were here from the Boston Police Department yes I'm one of the responding officers thank you officer I've just asked you to turn your camera on uh if you are going to provide any testimony we'll need to swear you in um okay it's unable to access camera hold on me all right I have go to settings uh in the meantime officer then could you please uh affirm for the board that you will raise your right hand officer are you still with us I see that you've just rejoined I'm sorry there we go thank you very much could you please raise your right hand for us do you swear to tell the truth the whole truth and nothing but the truth I do great thank you was there additional testimony you wanted to provide for the board at this time now I just I'm just listening to you great thank you very much we'll see if there are any questions uh for yourself or for the ly uh beginning with cheran Joyce okay thank you um I guess this question would be for Jenny or for someone else at the restaurant was there anything leading up to this incident with this group of people that you were aware [Music] of uh so as far as uh prior to the incident um so the victim and his party were looking to speak with a manager on Dy about service that they were receiving um so that's when I came behind the bar to discuss with them as we were discussing uh the group of as salant next to them decided to barge into our conversation um both parties don't know each other have no prior history um so everything that that um had occurred was just through um the group of as salant just interrupting our um conversation and just taunting the victim okay thank you um I don't have any other questions commissioner Karan or commissioner Saxon um are we going to get video on this one so commissioner uh the police report as it says that Jenny was very Cooperative with the police and and was able to get them the um get them the uh barab she did say that video would be available to the detectives and um the detectives never came back so um through an error she did not save the video she's fully aware this point as is all the staff at committee all the management staff and and manager of record that uh they need to save the video on all um any incidents whether the police are called or not but um in this case she specifically said that the video would be available to the police and then since they didn't come back she just lost track of it and it was run over so we apologize for not having it okay that's all I have thank you no additional questions thank you thank you anything further I may attorney green just just uh reading from the detective's notes here it says there's no video attached to his uh uh case notes here however it does indicate that the detective did attempt to obtain video from Committee in Northern of so uh um the implication that the detective didn't show back up is a is a falsehood In from from what I read here Denny do you want to respond to that did the police ever come back and ask for the video uh no the no police officers or anyone within the department returned after that day that they responded to I'll check back with the the the the detective assigned to this case to uh to confirm Das did Lieutenant does did the notes indicate the the manner in which he attempted to get no it just it just simply says detective attempted to obtain video from committee on 50 Northern off um that's simply what it reads and it you know indicates his attempts to contact the victim uh Mr McDonald um and there notes in there indicating that you know his attempts to do that and obtain video so I'll check with him andure that um that he didn't Cod M thank you lieutenant Troy any further questions from the board at this time board will take this under advisement as well thank you thank you thank you thank you calling item number six Causeway Union LLC doing business as loyal 9 located at 17 Union Street dated the incident June 13th 2024 assault and battery on premise in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy do we have anybody with us on behalf of loyal n we will take a second call as well item number seven patina boss LLC doing business as banners Kitchen and Tap in Hub Hall featuring momosan Ramen by Morimoto located at 8082 Causeway Street dat 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 6464 a who's present on behalf of the lcy good morning chairwoman Joyce commissioner secretary green Tom Miller from mcder quilty Miller and Hanley on behalf of the LIC e uh today I'm joined by their general manager uh Nick monets um he should be there can see him there good morning everybody morning thank you for being with us who is present on behalf of the Boston Police Department I am detective herandez thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify sent Tech William Gallagher if need be thank you very much can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I do I do thank youat Hernandez if you could please proceed with the police report for the board good morning sir I want to read from a police report which I wrote on Thursday June 6 2024 Lieutenant detective adier and Troy CH detective will gallager and detective Eddie Hernandez assigned to the BPD license PR unit conducted a license PR inspection of the Hub Hall as detectives walked into the establishment they observed a young looking Patron digging an alcoholic beverage detectives asked him to produce identification to confirm his age the patron immediately stated that he was under 21 years of age provided detectives with his driver's license he also provided the fraud license he had used to obtain the beverage the fraud driver's license was confiscated by detectives and the following Patron was positively identified Mr Jack seidler produced a fraudulant New Jersey driver stating that his date of birth was 1230 2001 Mr shadler then produced his valid New Jersey license confirmed his actual date of birth is 1230 2003 Mr Sidler will be summon to the court for person under 20 of alcohol and false misuse an RV document Tex has brought these matters to the attention of the person in charge Mr Nicholas mon um as a result of what detective discovered Char detective gallager issued license inspection notice 021 1954 for person under 21 person of alcohol on premise Mr Moy signed for an accepted noce that's all thank you detective Hernandez attorney Miller would you like to address the alleged incident thank you secretary green uh detective Hernandez when you uh entered the premise were the staff and management Cooperative with you yes yes thank you sir um to address the incident itself uh it took place in the food hole portion of the premise an area that is intended as a place that is family friendly as a result of this it is open to all ages uh Mr Sidler uh came into Hub Hall uh where and went to the grab Ando counter at momon and ordered a single Corona uh the cashier there asked for his ID which he presented uh showing and showed him showed the cashier one that stated he was 21 years old she looked at the ID but she didn't handle it and then sold him uh the beer so the B board is aware uh the lenses policy is that anyone who appears under the age of 40 has their ID checked staff is supposed to take each ID look at it handle it uh for its validity uh in this instance the cashier didn't follow comp company policy uh related to that she just looked at the ID um but did not pick it from uh Mr CER um as a result of this incident uh the L has taken steps to prevent any possible reoccurrence um as best they can uh they've removed all alcohol from this specific stand um they have retrained all staff on their policies of not only asking for uh IDs for anyone who appears under the age of 40 but they've also reinforced that each ID must be handled when checking it uh in addition they have purchased ID scanners for all locations on the premise um that is banners Hub Hall and momosan uh where alcoholic beverages are sold these are an addition to the already existing ID policy not a replacement for IT staff will still uh inspect and handle the IDS before scanning them to assess their authenticity and then scan them um they've also uh reaffirmed that all staff members are tip trained also per company policy um you know unfortunately uh in this incident a staff member didn't follow policy uh as it is laid out and which resulted in the incident here um we want to thank you for taking the time to hear this today and we're happy to answer any questions thank you very much chairman Joyce any questions um yeah yes so this was NBA Finals right game one okay so you're saying that they took the they looked at the license but didn't take it yeah she yeah the Mr seidler you know showed and you know showed the license to her she leaned forward looked at it but did not you know physically take possession of it look at it and hand it back to him he just held it up to her for inspection she looked at it and then returned and then proceeded with the transaction okay and it's a New Jersey it was a fake New Jersey license um the server didn't ask for a backup ID she did not how um for the detective how old did this person look sorry looked looked really young you know out of all the people that were there he caught a retention right away and we weren't far off yeah I mean this is a NBA Finals game it's not you know not an unexpected thing um I would expect staff would be even overly conscious of uh rules rules and processes and um not taking any exceptions on a night like this um so I'm sorry I was just confusing what you're saying so what happened Y what happened after was she um she looked at the ID um saw that you know his picture matched him and the their ID appeared to say he was of legal drinking age um no I me like happened to the employee after did you retrain did you have a meeting so she was retrained and disciplined um she received you know disciplinary measures and was retrained with the rest of the staff she has since chosen to go um uh not no longer work for the ly but not as a direct result of this incident um she was but um yes she was retrained along with the entire staff all the their policies and procedures were reiterated um you know everybody under 40 is ided you know no no uh the the idea is that you know it is better to air on the side of caution um unfortunately that didn't happen in this instance okay commissioner car commissioner Saxon do you have any questions uh yeah I have two questions about your processes and one is maybe related to like Night Like This have you considered using anything like um wristbands or anything like that I will let Nick answer that question uh yes sir uh obviously so inant large events like this uh obviously the game finals obviously take it on the Chain a little bit you know a lot of it especially not having everybody dialed in in so in every specific areas but uh definitely we have already ordered wristbands and then obviously in addition to that I think we're going to uh you know with the ID scanners and even even if going 21 plus so we'll have just a second Security check uh at certain times so uh restricting access all the way through Causeway side to prevent you know other access from the North Station side making sure that every ID is checked and then obviously still understanding the responsibility of the bartender is to then reverifying with that and make sure that we have the Sops in place that nothing Falls between okay something you just said goes my second question which is a process of reverifying just not leaving it up to one person everyone on the lookout if you seees something management um just in general I think anyone should be empowered to you know at least say to him Andrew hey you know I see someone over there I think we should recheck them so um I just leave it that thank you yeah commissioner Currin um Nick and his staff are aware that if you know on nights when um IDs are checked at the door that it is not that is not you know okay fine they made it in they're good it's this is it is everybody's responsibility to constantly maintain um uh maintain vigilance and to make sure that you know if somebody happened to slip through that it is not they are not actually served uh this is just a question for detective Hernandez would handling the ID have actually been able to catch the the fraudulent ID like was it particularly crinkly or no I mean it all depends on the training I mean the IDS are pretty good uh I I don't know what what their level of training or her level of training was sorry go ahead yeah did you guys get in with your software yes yes sir did it fail yes okay thank you and I will say Comm Mr Curran that uh at the at the point of this incident they did not have scanners they were not part of the policy but because of that because of this you know they have gone forward and uh they're in the process of rolling out scanners uh to be used going forward any further questions from the board at this time no questions thank you the board will take this under advisement thank you folling item number eight A and B Burgers Causeway LLC doing business As A and B 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 who's present on behalf of the licy I am Thomas Holland thank you Mr Holland who's present on behalf of the Boston Police Department I am detective hernandz thank you are there any other individuals of knowledge of the alleged incident who wish to testify William gallager if need be thank you can you all please raise your right hand you SAR to tell the truth the whole truth and nothing but the truth I do do thank you detective Hernandez if you could please proceed with the police report good morning I'll reading again from police report which I wrote on Thursday June 6 2024 Lieutenant detective Adrian Choy sign detective William Galler and detective Ed Hernandez assigned to the BPD license from a premise unit conducted a license inspection of the A&B kitchen as detectives walked into the establishment they reviewed the license and permits of the establishment detective learned the capacity of the premise is set at 168 persons Lieutenant detective Troy toown the mechanical count of the establishment discovered that the actual number of persons located inside the premise was 184 detectives brought the all these matters to the attention uh the person in charge which Thomas Holland as a result of what detectives observed s detective Gallagher issued license traffic inspection notice 021 955 for overcrowding on premise Mr Holland sign for an accepted notice thank you Mr Holland would you like to address the alleged incident uh yeah so uh this was also game one of um of the NBA Finals um we're a restaurant more than a bar uh it's very rare that down there right now since Co that uh there are crowds of the magnitude once the show starts so um we brought in a doorman they don't work for us fully uh who did not show up that night so my managers uh tried to manage it from the front door and they got a little bit behind which is when I stepped in and uh worked with officer Hernandez and then we we shut down the door got people out um and then moving forward for the rest of the finals I personally worked the front door um as well as the parade and we had no future uh violations or incidents upon multiple inspections thank you Mr Holland we'll see if there are any questions at this time chairman Choice thank you Mr Holland are you saying you've been inspected several times after this June 6 in incident every game yeah M more than once again uh we had people coming in yes we had fire we had okay yeah all right uh commissioner Saxon or commissioner [Music] cin um I just want to make sure I'm clear on what happened here was the 184 all inside um no not all inside no um what did happen though and what we had to address moving forward was that as the game started we people started to that had tables that were seated outside that they told were outside diners um then started sneaking in and getting in there and so U we actually ended up shutting down the patio um by halftime so that that couldn't happen anymore yeah I was going to say something to that effect we we've had situations like this before and um just in the way of commenting for the future and I think you kind of get it but um you know when you're running short on staff during a big event like that this sometimes the solution is to cut your cut your capacity a little bit so you can handle with with what staff you do have and I think that'll help you in the future so we had to do that on the parade uh we couldn't seat the patio on the parade because we had a short staff that day thank you thank you nothing to add thank you thank you very much the board will take this under advisement as well all right thank you very much thank you we will take a second call on item number one I do believe we have been joined by the uh lcy um let me just verify that that is true is then anybody joined us on behalf of New Moon Villa Restaurant item number one I I thought we were joined by them but we will come back in a moment and take a second call on item number six cosway Union LLC doing business as loyal 9 located at 17 Union Street dat of the incident June 13th 2024 assault and battery on premise in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who's present on behalf of the leny yes Carolyn Conway on behalf of the ly and I do apologize for not being here I have been in the middle of an emergency I was supposed to formally informed the board uh that uh the leny uh is now closed um they have entered into an agreement whereby the license will be sold to the landlord with the proceeds going to uh the victims of the as as we all know the unfortunate incident that happened there so that other than some expenses that will be going on so it's a pretty good global settlement uh we don't have any employees anymore and so what uh I don't really have anything to say about about the the violation but I uh am working with attorney Adam barnowski is going to be representing the landlord on this and I would like to request the board if I may file something formally with you to put this in writing to just say that uh basically to say what I just said that that they're they're closed and and they will this license will be transferred to a new operator uh sponsored by the landlord I again I apologize for not doing this before it just totally just I I got involved in another emergency and this just slipped my I understand however should this be found should there a violation be found here the violation stays with the license um it's not something that can be erased by the sale this was very serious but then may I request as they said then can we put it off for the next hearing date and I I will I will prepare and we will have testimony with respect to the merits of the violation okay we're not going to schedule anything on the transaction side until this is heard right exactly and and I think it's going to take some time to be heard on the transaction side anyway so I would we would be prepared to address this at the at the board's next meeting thank you attorney Conway uh in that case this will be continued to the next hearing date okay I appreciate it again and I I'm sorry for uh for the taking up the board's time thank you rning uh going back to item number one is anybody with us on behalf of Jan hung Inc doing business as new moon Villa Restaurant uh yeah we're here great thank you very much I'm going to ask you to turn your camera on so that we can swear you in okay let me try thank you very much I do see you I hold on okay is it good yes there we go we can see you now thank you right thank you all right just calling back into the record item number one Jan hung Inc doing business as new moon Villa Restaurant located at 15 19 Edinboro Street date of the incident October 27th 2023 assault and battery with a dangerous weapon Patron on Patron in violation of math General La chapter 138 section 64 and chapter 265 section 15a who is present on behalf of the licy can you please identify yourself for the board oh represent Sor excuse me there was multiple people talking at once uh ly if you could please just identify yourself my name Len and my name is hon I'm helping him translate great thank you very much and who's present on behalf of the Boston Police Department apologize sir that was uh it's me Sergeant Kevin plunet Boston good morning thank you very much Sergeant plunet thank you for being with us other any other individuals with firsthand knowledge of the alleged incident who wish to testify the try I may have something offer if needs be great thank you very much can you all please raise your right hand thank you do you swear to tell the truth the whole truth and nothing but the truth I do I do I do thank you sergeant plunet if you could please proceed with the police report for the board certainly I'm going to be reading a police report authored by police officer Sarah Drew on October 27th of 2023 at about 3:25 a.m. on Friday October 27th 2023 multiple officers assigned to District A1 responded to a radio call for a fight inside of moon Villa at 15 Edinburgh Street Boston upon arrival officers attempted to enter the building but were met with some resistance from the staff at the door saying that the fight was over and the suspects had left the premises behind the staff officer could see a female later identified as Scarlet delva standing towards the back of the room with blood on her shirt officers entered the restaurant and spoke with Miss delva who stated that her delva was hit in the head with a glass during a fight and in the rear of the resturant trying to clean up Mr Skyler emerged from the rear of the restaurant and was covered in blood officer mahide immediately began to render Aid and observed several deep lacerations in Mr Skylar's scalp as well as some bruising and scratching along his arms Miss Skyler stated that a group of males were inside the restaurant and began to harass a drag queen who was also inside using derogatory and transphobic transphobic words towards them they refused to give any identifying information so she and Mr Skyler stepped in to assist at that point two of the males in the group began to direct their harassing epat towards Mr Skyler who stated at that point the fight became physical and the two males began to physically aggress Mr Skyler one of the males described as a black male wearing a dark green sweater sunglasses and a baseball cap smashed the glass over Mr Skyler's head and then struck him with the restaurant chair officers could see glass covering the floor in the area where the skyers were standing the second male involved was described as a black male with cornrow wearing a gray sweater both males had fled the scene in a vehicle prior to officers arrival Boston EMS unit A1 arrived to evaluate Mr Skyler and transported him to tus Medical Center for further treatment Miss Skyler pointed towards the two other males inside the establishment saying that they were with the two who assaulted her and her brother the males identified as GB gamie and thala shivas were standing by the register at this point Mr gishie stated that he met Jimmy who he identifies as wearing a green sweatshirt and a green baseball cap that had been left behind he stated that Jimmy and the others had got into an argument so he stepped in between them to attempt to separate them while officers were speaking to him Jimmy Estella Chef called his phone several times they list the phone number in the report Mr gam she stated that it was also the same individual that he was with that evening and that he knows him to be a chef at EST Stella Mr shenas was also with this group of males a green baseball cap was left behind on the floor and Mr gishi stated that belonged to Jimmy Sergeant plunet performed a license premise inspection inside Moon Villa and issued license premise inspection notice 017 326 for Patron on Patron violation owner manager W J Lynn was on scene and did sign for the notice Mr Lynn also stated they had cameras inside the restaurant but he did not have access to the footage as it was controlled by his daughter he did state with certainty the footage is saved for a month officers such uh searched the area for Avail and that that is The Narrative of that report thank you very much appreciate that would the licy like to address the alleged incident Monday yeah he just wanted let you know that when they was uh you know arguing he already called the 911 for police assistant and so so when when the police arrived uh Asing left already and he was at the permit and he he was cooperating thank you anything else you would like to add for the board anyone your May yeah he said that you know when he when they stuffing arguing he already called 911 so that's what he want to add thank you very much we'll see if there are any questions at this time jerman Joyce so the police report states that when they arrived the door staff um the police were met with resistance from the staff of the door it sounds like you didn't allow the police or you were not going to allow the police in after calling them then so is is not in that case he says when they arrived he told them they left and he asked them to to go he didn't he he on the report stated he fully cooperates he was there meet the police and that he let them know that the two assault and left and he asked them to to go chase them maybe there's Mis miscommunication with his with English Okay does he understand um that he needs to cooperate with the police all the time yeah it did uh on the report say he he cooperated okay Sergeant plunet were you there at the door trying to get in I was m and would you describe it as you were met with resistance I would describe it as the staff attempting to downplay uh what had happened inside okay the um and well that been the intention um to try to responsible parties um I mean there was a individual a pretty serious wounds injuries that that was located in there that that we kind of had to we had to seek out uh stop not point us in that direction yeah that's my question too it sounds like you wanted them to go chase people but there was actually someone bleeding inside yeah he said that after the salt he asked them to go you know wash up you know wash off the the blood right now my will yeah yeah so he said you know after his Sal he asked them did the the restrooms in the back of this restaurant that he asked them you know to wash off the blood that they they they got injured from okay but my question for you right now now is when the police arrived was there someone bleeding inside yeah yeah yes okay so why would you not be swinging your doors open and having the police come in for assistance sounds like you were being one I I I you you you you police coming so you know this they was the one that called and they welcomed them so he doesn't understand why they would I I I tell police other guy leaving so he did he told them that they left okay were any of these people regulars am I saying that no no all right and so this was at 3:25 a.m. um we're any of these people drinking no okay uh serent plunet when you went inside what could you the reason why I'm asking is that they're um they're supposed to close they're supposed to stop serving alcohol at two um Did You observe anyone still being served alcohol when you walked in I I did not ma'am um the restaurant had uh had cleared out um considerably but uh there there were no signs of alcohol being served at that time okay um all right I'm going to see if commissioner Curran or commissioner Saxon have any questions does the licy have video from that evening morning yeah y yeah at that time he said he he does have video of it why not what's that he he has video at that time when but he has no access to it and then no one came back to ask for the video so so presumably there was video recorded yeah he said that at that time he told them they they they recorded us for one month okay why didn't he save it he asked them to bring a finger dump drive so that he could report it for them but no one came back and gave him the dumb Drive why didn't he save it himself he didn't know how to do it himself if they bring it back he would asked his daughter okay why didn't he ask his daughter to save it oh he asked the officer to bring like the finger or them dump dry so that he could save it for them but nobody came back with it he says does he remember the Board Writing him in 2019 about preserving video during serious incidents he didn't remember that okay we've written him not notifying this premises that it's their responsibility to preserve video during serious incident okay okay so Atty green if I may um you may to Troy um just this matter was assigned to the Civil Rights unit due to the transphobic words and Drug T language used uh the detective from there uh actually the sergeant detective spoke to U Miss Wiley on uh on 1027 October 27th and uh request the footage of the incident inside the restaurant U miss Lynn presumably the owner's daughter said that the uh or Mr Lynn I'm sorry he spoke to Mr Lynn in fact said uh he had access to the CCTV and knew how to download but knew how to download the footage uh he provided or that his daughter knew how to uh download the footage I should say uh he provided his name and number to Sergeant detective c um the detective the assigned detective contacted uh Miss Ava Lynn uh and spoke to her and requested that she download the CCTV fir she asked the T drop off a thumb drive and she would download the information as requested the detective dropped off the thumb drive and left his business card from Mr from Mr Lynn but uh the information or the the um footage was never received although the detective reading from his notes requested it several times uh um from from the premise and drop by again that Lieutenant do you have the date that the thumb drive was dropped off uh it's says on well the note the note is written from 10:27 just let me look at this one here um yeah 10 10:31 he contacted uh 31st of October contacted and uh she she said she'd have done by no he said if they drop off he he would have provide a village V video oh I mean almost that that's neither here or there I my position I can only speak for myself yes it's not the police's responsibility for for our purposes to provide you with the medium to save it it's your responsibility to save it and I think we've already expressed that in the past but you look so sorry yeah police he take a finger he come back he he he finish him him come back the take he said usually when they need it they would come back for it so he didn't know what happened you know now see for for our purposes for board here okay the okay I our expectation is that you are evaluate that this is a serious matter treat it seriously and do the things that need to be done to in order to preserve the video for our purposes not just for the criminal investigation okay anything further from the board at this time uh I'm just trying to get a a sense of um the in itself just how much time passed between the verbal assault and the physical assault two or three minutes when they start arguing he he already have people called 911 for police how long had they been there um before the verbal assault started about 20 minutes any further questions anything further from the license C or from Lieutenant Troy or Sergeant plunket just one thank you for your time and and we'll make sure he would save the video if gives another instance thank you if there are no further questions oh sorry chairman Jo I'm just going to say should the board find a violation here this will be noted on your docket so any future appearance before us we will be able to say that you agreed to preserve video you can't pretend that you don't understand it and are confused okay okay yeah okay thank you all if there are no for the questions and the board will take this matter under advisement as well thank you thank you those are all the items before the board this morning the board will meet to vote on Thursday morning at 10: am notice has been posted to the city's website uh that will this hearing and thank you I'll enjoy the rest of your day thank you