good afternoon we'll give just a moment to clear the waiting room good afternoon this is the voting hearing of the licensing board for the city of Boston today is Wednesday June 26th 2024 while the public is encouraged to attend there will be no additional testimony accepted this afternoon this hearing is being recorded and will be posted to the city of Boston's website we'll begin with the license F inspection hearing which occurred yesterday Tuesday June 25th 2024 item number one Boston Ballroom Corporation doing business as Royale located at 279 Tremont Street date of the incident October 21st 2023 assault and battery employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on employee in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A thanks Danny uh for this particular one I can't tell from what was uh shared at the hearing whether or not the staff response was reasonable um the testimony was that there was a breakdown in staff and management communication and to me that's a real problem um they were focused on the fact that the video that this happened in a blind spot and while a video may not have capture what actually happened um we will never know because uh I because the communication to the up to the uh management level was very lacking um so for those those Reasons I'm concerned that um we don't have enough I'm concerned that we don't have enough to determine whether or not this was a reasonable response so I see a violation yeah um I saw a violation maybe for a slightly different reason I think that what we have I mean they admitted that there was a battery um and when when they know is a battery they need to come with better evidence justifying the defense of self-defense so I think just saying kind of the same stuff but I mean for me it was clear that they you know they knew there was a battery and you know especially what they admitted to uh what their employees said to the police and how uh how they kind of tried to hide what had really gone on uh I thought they lost a lot of credibility and you know we said it in the past that if they come with video they they can help themselves a lot and uh you know maybe they need to think about having video on the stairwell so that's all I think that's all I yeah and without the video especially we need to have to have the uh internal reports and so that was lacking as well so um you know I do find a violation on both the battery and then also the lack of management I have one more comment that we're hearing more and more oh we didn't get this um this report to four or five months later not acceptable I mean they were aware that something happened that night they have sophisticated enough equipment that they should have preserved the video for their own purposes um the amount of time it takes for these instrument ports to make it through BPD and to us into the license premise has nothing to do with what happened they cannot shift the blame to the fact that this was four or five months late I will repeatedly say that because it is not something I'm going to accept at a hearing I agree so it sounds like we are unanimous in a violation as to the disposition of the violation I'm looking at the history right now uh there was an assault and battery employee on Patron uh earlier this year for incident back in December where the board issued a first warning you said it was the first warning in December uh the incident was in December the board the morning in May last month um so second morning yeah I think that's reasonable but then also correspondence um just to mention the preserving the video and then also communication to management second warning correspondence relaying the importance of preserving video we can send a copy of our advisory about that exact topic uh and also uh making sure to notify management and also just clear communication to the board like you know as as uh you both of you were talking you know they just it was kind of an intentional um lack of disclosure of of who was really involved in the incident thank you item number two 150 Canal Street Inc located at 150 Canal Street date of the incident January 1st 202 4 assault and battery Patron vers Patron in violation of that general laws chapter 138 section 64 and chapter 265 section 13A I saw no violation here staff did call the police the testimony was that um there was this happened inside very quickly um the patron was jumped by a bunch of people um I didn't see that there was any indication that staff could have prevented this sorry the same way right it was not foreseeable yes item number three gallway Inc doing business as the harp located at 85 Causeway Street date of the incident December 24th 2023 assault and battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A um I was also concerned here whether or not this was this place was properly staffed on this night given that it was the second night of a concert to me all those things are foreseeable the test Tony was that they were properly staffed fully staffed but it was a slow night um this person um the concer was getting out this person was sucker punched the assistant manager on duty said he uh did not see he something happened inside and escalated outside but I don't think there's anything that anything more that the staff could have done to prevented this um I do want to note I think this is the one where they did not save video that's so I don't see a violation but I do want to send correspondence to the leny regarding um preserving video I agree on all points I agree as well no violation correspondence from the board regarding the preservation of video item number four mww Carver Grand Lodge Inc located at 70 to 80 talet AV in Dorchester date of the incident January 28 2024 intoxicated individual requiring EMS in violation of M laws CH 138 section 64 and also parking issues with no staff assigned to ass system move patrons out in violation of Mass general laws chter 138 section 64 based upon the testimony um at the hearing I I don't think there I think there was more that they could have done as far as um parking issues but I don't see a violation I definitely think this is a complicated license um that we we will try to work through some of the issues with them but I think it's important that they share with us in writing um what the dispersal plan is I'd like to just be be reassured from the board's perspective that they have a plan in place for these these um for these rare nights where they said that they have these really large events yeah I think by the the time we are to the bottom of it I saw no violations um you know I just I think we spoke to them about the things we were concerned about I think they took it to heart so that's where I was at yeah I agree if if correspondence is needed we can do that but so it sounds like no violation uh we're requesting a dispersal plan uh commissioner sax you would like correspondent sent or I the request is fine that's fine uh item number five was not heard that will be we will attempt to contact the leny item number six paga Inc doing business as Nick's venue located at 100 Warrington Street date of the incident April 14th 2024 intoxicated Patron on Prem in violation of Mass General law chap 138 section 64 assault and battery Patron on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A and failure to cooperate with Boston police and Boston fire in violation of Mass general laws chapter 138 section 64 and board's rule 1.14b we're still waiting on the internal report in the video from the ly uh my vote is to defer until we receive those things and review them it vote will be deferred item number seven game on Fenway LLC doing business as Game on Sports Cafe located at 72 to 82 lands down street date of the incident April 18th 2024 intoxicated underage person on premise in violation of Mass general laws chapter 138 section 64 I found a violation I agree um I I had a comment about just credibility and if they you know if they wanted believe be believed in a situation like this they need to show that they took it seriously from the GetGo and um I felt like they really dropped the ball on that one so I saw a violation y nothing to add I saw a violation as well okay violation unanimously as to the disposition let me pull up there I don't think they have a history of this I'll let you confirm yep the last uh time they were before us for a serving of there were for respons for serving of minors in 2023 where the board found no violation so my my vote is for a written warning first warning yep agreed I agree violation and a warning item number eight gameon Fenway LLC doing business as gameon Sports Cafe located at 72 to 82 lands down street date of the incident April 6th 2024 Patron injured on premise in violation of Mass general laws chapter 138 section 64 failure to call 911 in violation of mass gener Law chapter 138 section 64 and board's Rule 1.14b and a change of manager required in violation of Mass general laws chapter 138 section 64 I didn't think there was enough to determine whether or not this Patron was actually injured on the premise um it was an unfort definitely unfortunate situation but I wasn't able to get to a violation here yeah I agree um I think that unlike the previous one it seemed like taking them at their word they took this one seriously and I thought they were credible and I saw no violation I agree on All Points no violation item number nine IP switch entertainment Inc doing business as Loretta's last call located at one lands down street date of the incident April 9th 2024 overcrowding 171 on mechanical count capacity 134 on setup number one house count 132 in violation of mass General Law chapter 138 section 64 and board's rule 1.03 J and 1.06 a and F I see a violation Red Sox home opener overcrowding I didn't really follow the story about why it was so surprising just to me it's a straight of violation I agree yeah it was quite foreseeable yep violation uh there is a history from the most recent time they were overcrowded was from an incident in October of 2021 the board in January of 202 to issued a first warning I I think that's far enough away that this could still be a first warning I very much agree yep violation the first warning moving on to the transactional hearing which occurred this morning Wednesday June 26 2024 uh item number one wch Benway LLC doing business as Dave's Hot Chicken located at 1260 Boon Street has applied for a common viter license manager David MOS hour of operation 10:30 a.m. to 1: a.m. um I vote to approve um I want to hold off on approving the patio until we get more information and can review it sounds good item number two three brothers Fenway Park Inc doing business as the Halal Guys also at 1260 Boon Street has applied for a common vular license Manager David MOS hours of operation 10:30 am to 1: am I vote to approve I do as well I agree item number three mini donut Diva LLC doing business as eery on Broad located at 45 Broad Street has applied for a common Vitor license manager Melissa froso hours of operation 6: am to 11: PM Danny just want to make a note on one and two I would like them to put a plan and writing for us regarding third party deliveries and how they're going to manage pick up and take out which brings me to number three I think they do have a good plan in place in number three he was able to explain it clearly about how they are going to manage the um the takeout so back to number three um my vote would be to approve I vote to approve as well I agree thank you just a clarifying question on item number three German Jo you're saying you do not want a plan in writing or you would request that as well for number three BTD wants that in writing correct they asked us to get that in writing they asked us to ask these questions uh on I think it would be helpful with these places up I just think these third party delivery services are becoming more and more popular it's changing the business concept so if we could have that in writing that would be great right I think we have it in writing maybe docketed we have something to refer back to yes if they start writing violations for it we can have them locked into to what they said they were going to do great so for all three uh we can we will request a written plan for the use of third party delivery and takeout Services um that the board will docket acknowledge have on the record uh going forward great item number four Cantina Hospitality LLC doing business as Taco Bell located at 1084 Boyston Street has applied for a common vit license manager na thesis uh and revised hours that they are applying for are Sunday through Thursday 8: a.m. to 2 am Friday Saturday 8: a.m. to 2:30 a.m. I vote to approve but also request the transportation plan and writing the third party delivery plan and writing that we can dock at it I agree I agree thank you granted we will request the written submission of a uh plan for third party delivery similar to 1 through three item number five the Stop and Shop supermarket Co LLC doing business as Starbucks at Stop and Shop number 2489 located at 305 Guest Street in Brighton has applied for a common vit license manager George veon hours of operation 7:00 a.m. to 7 P.M I vote to approve I agree I agree item 6 40 to 41 Anderson Street LLC located at 41 Anderson Street has applied for a lodging house license manager Barry Samuels I I actually think they had a good plan in place um I think they were able to describe the security measures and the management structure in a way that satisfied me um with this application um I am concerned that they don't have their updated certificates yet and I will give them an opportunity to um get that get those in place I I do recognize the opposition but my vote would be to approve um this application um do do we have any comments on you know one day stays or anything like that I mean that's the one thing that gave me pause here I was I was going to ask the same thing whether there was like a way we can ask them where are they advertising like are they going to advertise on Airbnb and verbo or okay do are you looking to limit the St to like no less than three days I'm I'm actually I'm not I'm not fully aware of what our Authority is on like limiting to certain amount of days you know because one part of the presentation was it's for you know professionals and and patients or visitors at the hospital but that doesn't really you know the three days average doesn't really seem to fit with that so I don't know if we can approve it only for certain amount of you know day length stays or anything like that but I I did have reservations because if you're having people stay for a month here and there and then then three days here and there it just seems like their average if if they're if it's a true average it's a little low for the kind of mix that they're they're saying that they're marketing too so I I did have some hesitation I'm not I don't feel like I'm so against it um but we can defer get some more information um because of the opposition yeah I I it just gives me pause um I'm like one day stage doesn't really seem to fit with what they're saying it's the purpose of is you would like to toer so we can find that answer I do not know the answer on the to of my head as to whether or not we can limit uh the night of stays in way that you're asking I I just wanted to ask I I thought commissioner Karan was concerned with where they're advertising and you wanted more information about how they're advertising their St oh no that was my concern oh sorry so we want to look into what our powers are to in the minimum number of days okay yeah because I I feel like if if that's an option for us I I I might vote to impose that if not I probably would just I'd air on the side of saying yes because I don't want to say no but I think I do have the the same concerns about very short States especially if they're happening constantly there just a constant stream of one and two days you know all the time um I I don't think that that's what they're asking us to see this as and I would have a lot of concern about that I mean an occasional you know three-day stay might be you know just it might just happen but the you know what they want us to really see here is you know longer stays for like maybe um you know short-term contracts for people working at the hospital or patients in for treatment or people visiting a patient or something like that you know so I believe if if we do have the power to impose that limit I would want to vote for at least a small limit you know three day minimum something like that and that's why I was curious about where they're advertising because if they're if they are advertising on Airbnb you're are naturally going to get those one and two day um requests but if they're advertising like directly to the hospital or through some sort of third party that concentrates and like limits um their clients to those long terms then it wouldn't be a problem great so if that if if the board is requesting a deferral to find this out I will make sure we have an answer to this by our next voting Hearing in two weeks so that would be July 11th okay thank you absolutely V will be deferred uh for more clarity around the board's power that will be uh this will be up for a vote on July 11th item number seven The Institute of Contemporary Art Inc located at 25 Harbor drive has petitioned to change the manager to Kenneth Barrett S I vote to approve Mr Barrett swe as manager of record I believe he has the appropriate character and fitness to serve I agree I agree I have number8 call one Management Inc doing business as residents in by Marriott South and Boston located at 2001 Washington Street in Roxbury has petitioned to change the manager to Tommy Brunson I vote to approve Mr Brunson as manager record I believe has the appropriate character and fitness to serve I agree I agree item nine Eddie Merlo's LLC doing business as Eddie Merlo's located at 505 Congress Street has petitioned to change the DBA to Sullivan Steakhouse I vote to approve the change of DBA I agree I agree item 10 pineapple restaurant group Boston LLC doing business as the trophy room at stay pineapple Boston located at 22 to 28 Chann Street has petitioned for a change of officers directors LLC managers I vote to approve the change of officers directors and LLC managers I agree I agree item 11 280 fora Street Fe LLC doing business as Hotel Indigo Boston located at 280 friend Street has petitioned for the approval of a management agreement between two 80 friend Street fee LLC and jgd LLC I vote to appr prove um that oh no we're going to defer this one right I mean I felt we might we could say yes and hold it until they because if if we approve this too fast there might be like a gap in that in the in the management the proper management so we could defer it or Danny do you have an opinion as what you you're are correct Mr curan if if the board is concerned about the having the change of manat application at the same time either the board could defer this and vote for both at the same time or vote to approve this today and hold on sending it any further until the manager uh the change of Manager application that company's hit so either way would have the same effect my vote would be to hold it I agree good deferred uh basically until the board receives and acts on a change of Manager application item number 12 pasta Beach Rose warp LLC doing business as pasta Beach located at 30 Rose Warf has petitioned to change the closing hour to 1:00 am I vote to approve I agree I agree item 13 Boston restaurant bar and grills LLC located at 1263 River Street in Hyde Park has petitioned to change the closing hour to 1:00 am I vote to approve I agree I agree item 14 Anthony's Market Inc doing business as Anthony's Market located at 407 Meridian Street in East Boston has petitioned to change the category to a retail package store all alcoholic beverages I vote to approve I agree I agree uh this applicant had stated that they had agreed to sell no nips is this a condition the board would like to see on the face of the license yes yes thank you granted with a uh no ni condition item 15 Russian benevolence Society doing business as Crystal restaurant garage room located at 14 to20 lyen Street in Alon has petitioned to transfer the license to Kiran and Co Inc doing business as Janna grill and bar at the same location Surin Kiran manager 2 am closing hour has also petitioned to amend the description of the premise to approximately 3,000 square ft on lower level of three-story commercial building entrance exit accessed by outdoor patio on private property table seating for 124 patrons and bar seating for 13 patrons kitchen and bathrooms located in left of space annual weather permitting outdoor patio approximately 2,000 square ft on private property with seating for 80 patrons closing hour 2 a.m. thirdly has petitioned to pledge the license to Russian benevolent Society Inc and lastly has petitioned to remove all conditions from the license uh including not to open prior to 4 p.m. alcoholic beverages to be served only in conjunction with meals except in the lounge and bottle Serv service allowed thanks Danny I vote to approve the transfer of the license I vote to approve Mr curan as manager of record I believe he does have the appropriate character and fitness to serve I am going to mention on the record that he did testified today that he will be there 40 hours a week I also vote to approve the um amended description um and the pledge and to remove the conditions of the license uh I vote to Pro all uh I did have a concern like in the in the eventual the the possibility that in a few years um things don't go well for this operator and the license ends up back in the hand of Russian benevolent um I maybe our docket can reflect you know what the what what the state was when it was transferred I I I wouldn't want to see uh maybe a successor board in five years um have this back in front of them Russian benevolent they take it back and they want to they want to open again under their own name you know so can can you put a condition on the pledge can we yeah I mean if they are transferring it again I think that would be so you just want to register this board's concerns on the docket with it back to Russian benevolence Society yeah because like say this operator fails and you know in in satisfaction of the the loan the license goes back to Russian benevolent and they they think you know all three of us are gone maybe and they're like when is g to open up again the license would need to be transferred back it would it would require a whole new process before any sub board to transfer back it would not automatically revert back I just want to make sure that institutional me uh memory stay stays with us or anybody else who might succeed us jny could you put an asterisk in the docket that any future transfer they should refer to this the entire history of this license yeah I'm making a note to myself right now what what that would look like so it seems like the board right now is granting all that is in front of of it uh but would like to dock it the concern should any future transfer revert back to the Russian benevolent Society to refer back to the full history is that violations that are attached to this will follow the license okay do they have to come back to us to to right now they're indefinitely closed they are indefinitely suspended right now so the board also has to act to lift that in order to affect this transfer okay so should come back we're essentially lifting that indefinite suspension right now as we're doing this this is correct okay noted okay does that satisfy the board for this M for this matter yeah I just wanted to have some something there great thank you thank you item 16 Street prints l l c located at 48 Temple place has petitioned to transfer the license and the location to papare LLC doing business as papar restorante located at 358 to 364 Handover Street Frank Pino manager 12:00 a.m. closing hour I vote to approve the transfer I vote to approve as well I agree item 17 BMS after dark Inc doing business as 3380 Bar and Grill located at 3380 Washington Street in Jamaica plane has addition to transfer the license and the location to Street Prince LLC doing business at hobgoblin located at 48 Temple place at tip Comm wise's manager 2 am closing hour I vote to approve the transfer I agree I agree moving on to non-hearing transactions the following are applying for a new commi license at a previously licensed location item one Starbucks Corporation doing business at Starbucks Coffee located at 540 Commonwealth AV manager Bridget Cor T hours of operation 5:00 a.m. to 10: p.m. I vote to approve I agree I agree item two DJ's market doing business as DJ's market located at 120 Boston Street in Dorchester manager Alina Morris hours of operation 8 AM to 6m I vote to approve I agree I agree item three life Al live cafe LLC doing business as Life Alive Organic Cafe located at 435 South Huntington as in Jamaica plane manager Leah duah hours of operation 7:00 am. to 9:00 pm I vote to approve I agree I agree item three 6i kitchen Corp doing business as 60i Kitchen located at 1459 doorchester AV in Dorchester manager t no Tran hours of operation 8: am to 5:00 pm I vote to approve I agree I agree item four Sunday Bakery Corporation doing business as Sunday Bakery located at 418 Market Street in Brighton manager shuin Sun hours of operation 9:00 a.m. to 9:00 p.m. I vote to approve I agree I agree and item Five Boston donor King Inc doing business as Boston donor located at 55 Causeway Street manager Muhammad um AZ hours of operation 10: am to 2:30 a.m. I vote to approve I agree I agree following is applying to make changes to their existing common vent license air Ventures LLC doing business as Hudson's coffee located within Logan Airport Terminal E in East Boston has petion to change the DBA from Hudson's coffee to George Howell coffee I vote to approve I agree I agree following has applied for a series of one-day amendments to their existing license AHF Speedway Holdings LLC doing business as the Charles rber Speedway located at 1420 to 1440 Soldiers Field Road has applied for a series of one day amendments to includ a month-long extension for the vendors on their extended patio space from July 1st to the 30th from 12:00 p.m. to 11: p.m. I vote to approve I agree I agree the board has before them a list of applications for special one-day alcoholic beverages licenses which have been administrated for reviewed by staff and approved by the board and on old and new business we have two items for acknowledgement uh the first is the board has received a written security plan from brood intentions LLC doing business as for wall 228 Tremont Street this was requested by the board following a violation hearing on May 23rd okay it will be docketed and placed on the the licenses file and item number two for acknowledgement the board has received a notice of seizure from the Mass Department of Revenue uh for the 7-Day MW and Lor's license of turnaround Sushi Inc doing business as crave Med for chicken located at 75 neelan Street for the non-payment of their delinquent Massachusetts taxes acknowledged thank you those are all the items before the board today that will adjourn uh this afternoon's voting hearing thank you all and enjoy the rest of your day thank you thank you thank you