##VIDEO ID:uoQx4sltQOo## [Music] hello good morning good morning thank you all for joining us we're going to give just a moment to clear the waiting room and as a reminder when you are entering from the waiting room please do remain on mute unless or until you are providing testimony before the board still have folks trickling in the waiting room we'll give just another moment good morning this is a hearing before the licensing board for the city of Boston today is Tuesday October 15 2024 today's hearing is being held pursuant to temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce thank you Danny good morning my name is Kathleen Joyce I'm chair of the Boston licensing board today we are also joined by commissioner Kiana Saxon and commissioner Liam Karen thank you please ensure that your audio and visuals are working properly if you plan to provide testimony I will'll 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 ly 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 lensee or their representative will have the opportunity to make a brief statement followed by questions by the chair and Commissioners all testimony will be limited only to those individuals with firsthand knowledge of the alleged incident begin with the first item on this morning's agenda calling item number one Summers 5 Corp doing business as dirty Nellies located at 108 to12 Blackstone Street date of the incident of July 28th 2024 assault and battery with a dangerous weapon is sha foot employe on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 15a and failure to call 911 in violation of Mass General La CH 138 section 64 and board's rule 1.14b who's present on behalf of the LC e uh is there anybody with us currently on behalf of dirty Nellies I see um I think I see [Music] them I see Noel Summers but she's on mute I I do do see Noel um Noel are you with us and able to testify currently not we will um have to take a second call sorry sorry I'm just having some technical difficulties with the the zoom can you hear me now we can hear you and I've just asked you to start your video okay um great thank you very much for joining us we can please just identify yourself uh Noel Summers with dirty Nelly thank you very much and do you have anybody else with you on behalf of dirty Nelly today or is just you no it's just me great thank you who is present on behalf of the Boston police detective James Walsh thank you detective Walsh are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning thank you can you both please raise your right hand do you s to tell the truth the whole truth and nothing but the truth truth I do thank you very much detective Walsh if you could please read the police report into the record for the board thank you about 3:15 pm on August 2nd 2024 officer Lynch assigned of the Harry Delta 96 took a walk-in report for assault and battery at one we Blackstone Street Boston the victim Robert Levis Hugh stated he went out to a bar called Dirty Nells on July 28th 2024 at approximately 7:40 p.m. the victim stated that while he was at the bar the bartender named Jimmy began arguing with the victim stating he was heavily intoxicated the victim stated that he said to the bartender quot punch me in the face end quote to which the bartender did resulting resulting the victim to leave the bar the victim stated that while he was outside the bartender then kicked the victim in the face while he was down on the ground the victim did not call the police or M teased scene but instead went home to sleep the victim stated he went to the hospital in the days following and Dr Chris she stack at Milton Hospital confirmed the victim had a broken jaw it should be noted that the victim stated he later found out that Jimmy the bartender was also fired that night due to being intoxicated on the job the victim was advised to rec contct the police if necessary uh next is a supplemental report on August August 8 2024 about 4:30 hours detective Walsh and hural responded to 108 Blackstone Street Boston dirty Nellies and issued a licensed premise inspection notice number 37854 to owner Christine Higgins for employee on Patron assault and battery assault and battery dangerous weapon shod foot and failure to call 91 Miss Higgins signed and accepted the violation Miss Higgins also showed video of the incident to detectives upon review the video depicted bartender James Norton date of birth January 29th 2002 punched the victim Robert lisu with a closed Fist from behind the bar further depicted was the victim fall down outside the entrance of the establishment with Norton following Norton then kicks the victim in the head area the victim reported he suffered a broken jaw from the incident Miss Higgins in indicated that no one called 911 from The Establishment following the incident detective Wallace requested the video be sent to him via email or loaded onto a USB drive for evidence detective wall spoke with John DS a witness who was with the victim and stated he witnessed the victim get punched and kicked in the head area by the bartender thank you detective Walsh Miss sum would you like to address the alleged incident yes we were uh made aware of the incident after the act um about an hour after it had happened um from a patient going to our other establishment and letting a manager know there as well um we immediately let Jimmy go um made him vacate the premise and he was immediately fired um from looking at the the tapes he was accusing it seemed like he was saying that the patron couldn't drink anymore the patron hit him from um across the bar first then he hit him back they went outside um and uh a fight ensued they also his friends also um punched and hit Jimmy um but Jimmy was our bar manager um he had was a trusted employee of our he had been with us for over over a year also a family friend and had a lot of trust from us um and upon hearing about what the what had occurred we immediately fired him um we did not call the police because it had already they had already left we didn't think that um that that uh the patron was injured because he had left on his own accord got up and walked away thank you anything further before we move to questions from the board we'll see if there are any questions at this time starting with chn Joyce uh thank you how long did this um bartender work for you he's worked for us for over a year okay um and it appeared without any incident okay can you tell me a little bit about the reports that he was on the job and intoxicated did you talk to him about that orone else who was working that night we did so when um a patron had gone to our bar manager in the green dragon he went over and he he said that Jimmy did seem as if he had been uh drinking and we immediately took him off the bar we closed the green dragon and brought our staff over to dirty Nellies to um to get Jimmy out I see so um someone at one of your other establishments went over to dirty Nelly's to help assist um the situation okay yeah we were called as well immediately we reviewed the videos we called him um he's also a family friend so we also called his family okay thank you I don't have any other questions commissioner Saxon and commissioner Ken what what was the other Staffing at the premises that evening um so our doormen come in around 8:30 or nine so it was just just Jimmy it's a 26 uh capacity bar so we have a bartender SL manager for nice no questions for me right now thank you anything further from the board on this matter uh you've handed in the vide tape uh yes we did well to the police I haven't to the board I can do that there is a video clip uh in the folder that was provided to us from the police thank you if there are no further questions and the board will take this matter under advisement thank you thank you calling item number two is zaz restaurant and Catering corporation located at 1238 River Street in Hyde Park date of the incident August 18 2024 open after 9:30 p.m. per the common viitor closing hour in violation of M General Law chapter 140 section 9 who is present on behalf of the lcy uh the owner Chef uh Aly Roberts Chef o great thank you Mr Roberts uh Chef o for being with us is there anybody else on behalf of zaz or just you this morning just me great thank you who is present on behalf of the Boston Police Department Sergeant Michael Sullivan sir thank you Sergeant Sullivan are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning thank you can you both please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth I do yes thank you very much Sergeant Sullivan if you could please read the police report into the record for the board yes sir thank you about 1:45 a.m. on Sunday 8824 Sergeant Sullivan it's myself then le5 responded to 1240 River Street a licensed premise establishment called zaz upon pulling up on location s and Sol could hear loud music coming from inside the One 2 40 River Street zaz s Sullivan spoke with the owner spoke with officers clema and tasa and the Lima 101 who stated they were dispatched to a loud music call by a 911 caller at map in Oak Street upon arrival officers could hear the loud music was coming from the rear of the zaz restaurant 1240 River Street s solivan spoke to Orel Roberts who stated that the music was coming from a speaker placed outside by a DJ and had since been turned off however s Solomon could still hear loud music from the sidewalk in front of 1240 River Street coming from side as in response to direct question Mr Robert stated that this establishment closes at 2 a.m. Sant Sullivan asked Mr Roberts if you could see his license premise licenses Mr Roberts took Sid and Sol to a glass display however a liid license or an entertainment license were not inside s Mr Robert stated that he does not have these that he does have these but not on the premise zaz will be issued license premise inspection notice 07 1255 ful failure to post license excessive noise affecting neighborhood and music emanating Beyond license premise St once the license numbers are provided andl report will be written Mr Roberts would Mr Roberts cooperated completely with Sergeant Sullivan and the other officers thank you thank you looks like we have a supplemental from detective Peterson you have not been sworn in yet if you could please just um identify yourself for the board oh sorry you're mute currently oh still on mute something should have popped up on your screen I've asked you to unmute uh it doesn't seem like we are going to be able to hear from detective Peterson um Lieutenant Troy do you have a copy of this I have a copy I'm not sworn great thank you can you please raise your right hand sure do you sort of tell the truth the whole truth and nothing but the truth I do um this is a supplemental report written by uh detective Todd Peterson it reads as follows at approximately uh 1408 hours on Thursday August 22nd 2024 Lieutenant detective laran detective Todd Peterson conducted a code 35 at 1238 to 1240 River Street High Park the's Restaurant and Catering s was issued a citation number 3 39236 from uh August 18 incident where the uh business was open beyond it 9:30 Closing Time a copy of the citation was left with uh Z Roberts at the restaurant that's the extent of that report thank you very much Mr Roberts would you like to address the alleged incident yes um my name is Aly Roberts uh owner of zaz um zaz brand and we've um I've obliged to the all the the you know I met with the officers that night after the arrived we we had a private event after my festival and um definitely was a misjudgment in terms of um we decided to invite some of the vendors and people that were part up the festival and uh we came in and we were just having a celebratory moment um I I assur the officers that you know we obliged by the music situation we we shut the music off uh once we were I once once I was spoken with with the officer I try to comply and did everything necessary to make sure that um you know we were we were we were in good in a good standing at the at the moment um after the officers left I decided to shut it down I did posting of the um the license and all the other stuff that broke and so we didn't rep placed that um in you know in time for the event so there were just like a whole The Perfect Storm of going bad so we definitely look you know I told him whatever need to happen I I'll take care of it um I'm here I'm here at the hearing today to make sure that everything is is okay and and that we don't have any issues moving forward so everything is in the works on my my team and I been doing a job of making sure that we um clear everything up on on our side and making sure that we in good standing with you guys thank you we appreciate that uh we'll see if there are any questions from the board chairman Joyce I do you've been open to this location since 2015 with a 9:30 closing time what made you think you could have an extended closing time without permission from the board so I mean there there was again laps in judgment I believe at the time we the the closing time I didn't even remember to when I signed off when the team told me that they wanted to do like a celebratory time I didn't think of the closing time so it was a total lapse of judgment on my part yeah yeah I would say so and then whoever was on premise when the police showed up they were dishonest with the police at the time um we've been working with you to try to get your hours extended this is a simple process that you should have started a long time ago um we got complaints who advertised this um so we're trying to work with you and uh we'd like you to work with us too so we want to do this the right way not just Hing don't get caught yeah um so I have no questions it just astounds me when this happens and you've been open for almost 10 years commission car commissioner Saxon any questions yeah I have nothing to add thank no questions thank you thank you the board will take this under advisement as well all right thank you thank you calling item number Za a KF L LLC doing business as bis Columbia located at 28 Bennington Street in East Boston date of the incident April 28th 2024 fight in violation of laws chapter 138 section 64 who is present on behalf of the leny oh you are on mute good morning oh damn thank you who president thank you Mr bres Miss bras I'm detective James James yeah thank you are any other individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand thank you do you to tell the truth the whole truth and nothing but the truth I do I do thank you James if you could please proceed with the police report for the board about 2:15 pm on Sunday April 28 officers assigned to the front desk of District area A7 um took a walking report for pass assault and battery dangerous weapon officer em maros did Spanish translation for the incident Vincent zus gallago Jimenez reports that while drinking 28 Ben belardes about 1 1:00 a.m. on this day he was hit with a flashlight in the face under his right eye V report that he went to East Boston Neighborhood Health Center and was this diagnosed with a fractured orbital bone victim reports that he was with his girlfriend Natalia b bedoya and a friend named Ernesto when an argument with the bar security ensued VI report that he was asked to leave and told the staff he would not pay his bill due to them throwing him out Victor reports that he went to retrieve his property in the bar and secur the guard hi in face with the flashlight reports that the owner of the bar which he and his girlfriend named Fernie arrived on scene and instructed them not to call the police from the bar v c suspect at a sit for 200b moscar build Dominican dark skin Hispanic wearing black security clothing UD supervisor notified victim produced medical paper for injuries the gold 8 818 Detective Holder go 817 DET O'Brian took photographs of the injuries on 4:00 on April 30th 24 detective jino went to torate Ben belardes Columbia to try and meet the security guard involving incident he was not at that location detective D wrote a code 35 Citation for the fight which took place on April 28th citation number 06009 written yes sir thank you very much Mr panis M branz would you like to address the alleged incident good morning members of the board um I would like to um address the officer um Officer James how are you um oh is it true that after um the incident happened um I went to the police station couple of times to bring you the video to show you what had happened and we saw the video and saw that the there was a group of people gather the guy told them can you move to the side cuz the the people are walking by and they all tried to hit him there was probably three or four and all he tried to do was defend himself I saw on the video that um what appeared to be the victim um punched the security guard and then the security guard brought up his flashlight it did not show exactly when he hit him but we saw because the flashlight was on the flashlight coming up that's what I saw Yes just for just for the members of the board thank you Officer James just for the members of the board the the victim was being very rude and the the security all he told him was can you please move and all he they punched him we show the video all all you can see is it's he's trying to defend himself but he doesn't hit him with the flash that Mo moves on on the side I did get a chance to talk to the victim the victim and I asked him what's the problem and all he said was oh just bring him outside uh we want to fight with him said I can't do that there was two officers outside because they this was at the end of the night the officers asked him do you want to press charges you want to do something and they said no we're going home after the incident uh I guess they went to the hospital or they went to the police here but I did help with the police I did give them the video I did show everything and that's all I have to say thank you then we will see if there are any questions at this time chairman Joyce any questions can we get a copy of the video if it's still available yeah officer has it yes Lieutenant detor Troy I believe I sent that video to you if I didn't I will I'm looking at it right now um but I can forward it to you again thank you yeah I don't believe we have video of this incident we have videos of other incidents at this location I have no other questions Commissioners I'll wait for the video thank thank you so much thank you thank you uh as soon as we receive the video I will make sure that it is shared with the Commissioners and with that the board will take this matter under advisement thank you all thank you thank you thank you calling item number four restaurant de cesaria in located at 266 Bowden Street in Dorchester date of the incident June 28th 2024 large fight AR Fray involving patrons outside the premises and violation of Mass General Law chapter 138 section 64 who's present on behalf of the leny good morning Antonio Barrow's co-owner restaurant cesaria and Alex gom's uh manager on duty on the night thank you who's present on behalf of the Boston Police Department detective PA donlin officer Matthew varable than thank you are there any other individuals with firstand knowledge of the alleged incident who wish to testify can you all please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth you do yes do I do thank you who will be reading the police report into the record uh I can very well thank you if you could please uh proceed about 1:20 a.m. on Friday June 28 2020 4 office of Rael and P to District C11 anti-me unit Harry K1 made multiple on-site arrests at 266 Bowden Street door Chester officer Rael and Pino were operating a black unmack Ford Explorer uh though unmar the cruiser is equipped with multiple antennas visible emergency lights and a mobile data terminal MDT loaded located in the center of the vehicle making it easily identifiable as a police vehicle officer deer was seated in the driver seat and officer Rael was seated in the passenger seat both officers were wearing ballistic vests with Pon police patches front and back officers had the badges and body warn cameras displayed on the outermost garments officers were driving on Bowden Street towards Hamilton Street off of DEA in the Harry 435 Alpha was directly behind Harry K1 Alpha and the Bravo K1 Alpha was one car ahead officers observed more than 200 people outside the outside of cesaria restaurant on the street and sidewalks halfway in cars playing music loudly and creating traffic jams officers waited about 3 minutes before activating the emergency lights and sirens and driving in the opposite lane of traffic to investigate why traffic was not flowing upon approaching Hamilton Street on Bowden Street officers observed a large crowd fighting in the middle of the street all officers exited their vehicles to break up the multiple fight throughout the crowd while on scene officer DEA and the Harry 4 in the Harry 435 Alpha observed multiple people standing in the middle of the street yelling and blocking the road the officer observed alesandro tarz striking an unknown victim in the face with the c his fist officer officer Deena placed the virus in handcuffs without incident and placed him in BPD Cruiser 1534 and transported him back to C11 to be booked in the usual Manor officers were unable to identify the unknown male involved in the alteration with the virus while attempting to break up fights and dispers the crowd officer Lima and the Harry 103 outfit observed Delaney F Ferrera uh refused to listen to multiple officers commands to go home officer Mitchell and the Harry 104 Alit observed Ferrera grab officer mden by the arm and two hand shove officer M Mitchell in the chest instead of walking away Ferrera attempted to swing and punch off Lima in the face and then push off Lima off Lima was able to restrain Ferrera and while restraining Ferrera Ferrera began pulling officer Lima's hair officers gave multiple varable commands for Ferrera to let go of Officer Lima's hair officer Lima was able to use tactics trained by at the Boston Police Academy and bring fera down to the ground to affect an arrest Ferrera was placed under arrest without further incident Delany Ferrer was uh transported back to C11 by the Harry 102 Don Patterson to be B booked in the usual man officers rable in Pina after breaking up the main fight observed Ed Milson Fernandez becoming increasingly agitated that someone in the crowd kicked his car officers advised Fernandez multiple times to leave the area due to the uh volatile situation throughout the incident Fernandez kept antagonizing crowd trying to fight people refusing to rep with officers of commands to leave the area officers observed Fernandez strike an unknown male multiple times with a closed Fist and was struck by the unknown male with a closed fist multiple times officers attempted to place Fernandez in handcuffs to affect an arrest Fernandez actively resisting by refusing to place his hands behind his back and pushing off a Cai refusing officer commands offices were a eventually able to place Fernandez in handcuffs without further incident officers were a unable to identify the unknown male involved in the altercation with Fernandez Fernandez was transported to District C11 by the Harry 103 cooking LMA to be booked in the usual manner 266 Bowden street is Restaurante cesaria should be noted that there's been an ongoing issue with cesaria hosting people until 2 am every Thursday night C11 officers have responded multiple times throughout the year for fights outside the restaurant when it closes Patron usually spend time after the restaurant closes on the street blocking traffic and playing loud music multiple units from Boston police districts 2 three and six responded to assist Mass state police also responded to the scene uh at 2 am C11 Patrol supervisor Fox 982 Sergeant detective donin entered Restaurante Sara Sergeant detective donin issued Alex gos manager of Restaurante cesara Li premise citation number 0269 N3 for a lar fight involving patrons outside the premises AR Fray Alex GES accepted and signed for the violation Alesandra tarus will be charged with the falling out of door tested District Court mgl chapter 275 section 14 of fry mgl chapter 272 section 53 disturbing the pieace mgl chapter 272 uh section 53 orderly conduct the Lany fera will be charged out uh for the falling out of Dorchester District Court uh mgl chapter 275 section 14 of fry mgl chapter 272 section 53 disturbing the piece mgl chapter 272 section 53 disorderly conduct mgl chapter 265 section 13d assault and battery on a police officer and Milson Fernandez will be charged for the falling outside of out for the following out of door test District Court mgl chapter 275 section 14 of Fred mgl chapter 272 section 53 disturbing the piece mgl chapter 272 section 53 disorderly conduct mgl chapter 268 section 32b resisting arrest 41 camer is activated and a copy of the report was forwarded to District SE CSO thank thank you very much uh Mr baros Mr Gomez would you like to address the alleged incident yes uh sir good morning uh mam chair members of the board um the uh uh reports of cesaria Hosting uh people until to 2 am uh is uh I'm not sure where that came from we uh end our nights at 1:00 a.m. and we immediately uh disperse folks uh patrons from from in front of the restaurant and um make sure they go to their cars try and we also announced uh to also uh not turn on their music outside uh while they're in their cars um we do our best to disperse uh folks uh from outside the restaurant um and the the parking lots um uh we did notice uh folks are parking across the street further down um about a block down at the dollar store um which has since been roped off um so folks can't park there anymore during that night I know after we we reached capacity uh there was uh there was a gentleman across the street selling food from his vehicle uh I noce then approached them and uh and told them he's not allowed to do that he complied and uh and uh left not sure if uh he parked somewhere else which uh uh kept people from from uh going uh leaving the pre the surrounding areas um but we had no issues uh during the night we had no issues in front of the restaurant the altercation took place at the corner of Baldwin and Hamilton several businesses down from cesaria um I believe uh it's uh it was uh between a gentleman that was in his car or someone who's in this their car uh and uh uh someone who was walking by and uh that's how everything started um and uh manager Alex didn't uh witnessed the altercation starting while he was walking home um he let the police handle the the situation and then he was called back to come to come to return to the restaurant to sign the uh citation thank you anything further before we move to questions from the board thank you uh are there any questions starting with chairwoman Joyce thank you um one question let me just see so I'm looking at the docket sheet and we have docketed from 2022 that we requested um an updated dispersal plan from your team and I don't believe we've received that to date so if you could get us an updated dispersal plan um which would include things like your Staffing model on nights like this how many people are working the door what time um people leave um do staff go outside and try to move them along we need to see that in writing and have it on file um with the board so that we can review it or we can refer to it should another violation similar to this come up so that being said we don't have that in front of us so I'd like you to talk me through um what your dispersal plan is on a night like this this was a Thursday night so let me know what happens on Thursday nights as far as your Staffing model your security team how many people are working and um what time the music gets shut off and what you do as far as getting people to leave the area at the end of the night we uh we generally end the music uh about 10 minutes before um the closing time and start dispersing uh patrons we have uh excuse me uh we have a rear door um with uh two security at the door and uh in the front door we have four and uh as people um leave the premises we we immediately uh dispers them from hanging in front of the restaurant um and uh as follow usually follow them to the parking lot to make sure people get in their cars and uh it's just uh the municipal parking lot the side of the building um is in front of our parking lot so sometimes it just takes uh several minutes for folks to go from one parking lot through the other parking lot and exiting um Borden Street and then there's a light uh about two business uh down from from the municipal parking lot so if the light is red um this it only allows a few cars at a time to go through and that slows down the exiting uh process from the parking lot um also people walking AC uh from the parking lot so we do our best to try to to to try to uh facilitate traffic and and keep people from blocking uh and double parking what time do you close on Thursdays 1:00 am okay um and this was report was written at 120 so you have four security at the front door that help disperse patrons yes and then one person goes to the back okay [Music] um I'd like to request again that you submit a written security and operations plan um I'd like that as soon as possible but if we don't have it within a week this could also turn into a violation if we don't have that plan on file um I'm going to turn it over to commissioner sax and commissioner Ken for questions um did you have everyone out by 1 a.m. yeah we generally by 105 or so um with the with the DJ and uh folks that uh that don't work we we were out uh the staff uh from the restaurant itself we were done cleaning the restaurant by 1 120 or so when the police uh said they were trying to access restaurant no one was here we had already done cleaning and setting up for the next day um so it wasn't uh difficult process trying to get people out it's just uh I like I said I think PE folks that could not get in that night hung around and it looked like there was a lot of people that was attending the night but it wasn't uh it was just a normal night for us um if you can just reiterate how how far do you guys move up like you're your Dorman do you just when you're dispersing do you just use we we all the way down to the municipal area P we it's past uh one Family Diner and then the municipal parking lot um we we uh try to get everyone past that we've been uh be attending um I'm a member of the b in Geneva main streets uh uh organization uh attending uh safety meetings uh uh addressing issues not only at night but during the day with folks hanging around people selling food outside um trying to work with businesses as much as possible to try to WR things down in the area so I have one more question it sounds like based on your testimony that there were people that could not get were not admitted that night and they were lingering outside not lingering we didn't see anyone they might have been in their cars uh not lingering in the area it might have been in their cars just waiting but we didn't see people at all lingering okay I have no other questions commissioner car commissioner Saxon any further questions on this matter board will take this under advisement as well thank you thank you calling item number five Concord entertainment Inc doing business as bills bar the landown pub located at nine LS down street date of the incident July 20th 2024 Patron on employee assault and battery in violation of Mass general laws chapter 138 section 64 and chapter 265 a and employee on Patron assault and battery in violation of Mass General L chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the LIC e good morning attorney green uh this is Dennis guy attorney representing the uh leny good morning Madame chair and members of the board with me this morning uh Nelson Burns Terrell Bradshaw Wayne Miller and ktina Corin from the Lions group management thank you very much thank you I see Mr Burns and Miss Cor I don't believe I see the other two on my screen I'm here is here I'm just trying to get my camera on oh great all right thank you I see Mr Bradshaw and Mr Miller so if you could turn great and your cameras are on perfect thank you morning who was present on behalf of the Boston Police Department detective Wallace I saw him here oh he's right there oh I see detective wall after to unmute detective can you hear me now detective great thank you detective for being with us 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 s to tell the truth the whole truth and nothing but the truth I do thank you all detective Wallace if you can please proceed with the police report for the board on July 24th 2024 officer O'Donnell will ass sign to the front desk at District 4 took a walk-in A&B report from Mr Zayn Atwood victim stated he was inside of Bill's Bar located at five lands down street on Saturday 720 2024 at approximately 11:46 when he was assaulted by one of the staff victim along with his girlfriend Kelsey gray were among other people standing in a circle inside of the license premise when he was shoved from behind by one of the staff staff member was described as a black male 58 to 510 heavy Bill 350 plus pounds wearing all black victim stated while standing inside the premise he was shoved from behind for no apparent reason the victim said what the  and turned around and saw the suspect who told him he had to leave victim asked why he had to leave which he was not given an answer suspect then grabbed the victim by the shoulders and began to shove him causing him to fall to the ground when the victim exited the premise the suspect punched him in the head twice one punch hit the victim's left jar area the other punched landed in the left temple area 911 call made from the bar came in as a fight removal victim stated that they never made mention of the assault by the staff member of well officers were present on scene detective Wallace Delta 823 was advised of the incident and attempted to a code 35 inspection but the license premise was closed a on 640 uh on Thursday 6:40 p.m. on Thursday July 25th detective Wallace and detective fence premise violation notice 026 515 violation of Bill's Bar manager Nelson Burns at five lands down street violation with for Patron on employee assault and battery and employee on Patron assault and battery thank you very much attorney quilty would you like to address the alleged incident yeah if I may thank you attorney green um detective the the initial well the the initial police report indicates a walk into a station some four days after the incidents alleged to have happened is that right that appears to be accurate sir okay and in addition there is the licensed premise inspection notice which suggests and this is detective Wallace suggests that the police were called by staff and that seems to be referenced in on page two of three wherein the report suggests 911 call made from the bar does that all sound correct that the call was made from the bar reporting the incident that's correct okay and then will you ser there I understand there were officers present and there were it was body cam footage of this individual and then also of a staff member who had been struck and was bleeding and his shirt was ripped open were you involved in that I was not initially involved in that but I did review it and uh you are correct I think it was Mr Bradshaw had it looks like a shirt was uh torn uh in the body Canam video and would appear then that he that he was the victim of this assault yes that appeared why it looked like that's why the uh the bar called 911 initially okay all right um all right and and then any further word on Mr Atwood did he press charges or did anything happen with regard to him he did not he stated that he did not want to pursue anything forever okay okay um thank you is it detective I'm sorry is it detective that's correction yeah thank you thank you sir um if I may u Mr Burns you signed for I'm sorry Mr Burns just identify herself for the record you've been sworn you muted Nelson oh hang on something should have popped up in your screen I just ask you to unmute no you're you're still on mute still muted way Terrell Nelson might be having some problem um unmuting the screen I'm also present though I'm here also Okay so um Mr Mr Miller perhaps we could go to you just just identify yourself again for you've been sworn just identify yourself please uh my name is Wayne Miller and I'm manager for lown Pub okay and on the night in question did you actually place the 911 call yes it was me who called okay and you you had what had you seen that led you to make the 911 call um I walked into um Terell actually being physically attacked and my security trying to assist him and I seen um I walked in and seen Terrell shirt ripped his lip um was busted and um he was visibly distraught and upset so uh I've seen what was going on at the moment and just set him calling the cops because I had it was it was just a lot going on at the moment okay and then did you indeed have conversations with the BPD officers who who were then who then responded uh yes sir I did okay and did you cooperate with them yes sir I did the entire time and to your knowledge did Mr Burns and Mr uh Bradshaw cooperate with them as well uh yes sir yes sir we did all right thank you the the board may have some questions for you not a problem if I may just uh quickly uh introduce Mr Bradshaw again Mr Brad if you can unmute yourself yes sir yeah I'm here present thank you and you've you've also been sworn just identify yourself for the record y my name is Terrell braa okay and are you I'm sorry are you the person who was who was basically attacked by this Patron yes sir okay and can you describe to the board what what occurred what happened uh I was making a lap through uh Bill's Bar it was a pretty packed night um I had addressed a couple a woman and a man I had asked the woman to step away from the patron because you know the guy was pretty tall and the girl was pretty short but it looked like he was leaning on her like he was too intoxicated to be in the building so I was trying to figure out whether if he was too intoxicated or if he was just you know in her ears you know Whispering sweet nothings I didn't know the difference so when I asked her to step away I don't know if he heard me saying hey can you stand up or can you step away but he started getting belligerent like instantly like he said what the f turned he's like this is racist D and I'm like I'm just asking you to step away so that I can see if you're okay enough to be in the building in the middle of that his girlfriend gets upset F this F that um I don't know if it was right then when she threw the drink or or or or I really don't know them but then I I I didn't I didn't touch them yet I didn't make no physical contact yet I said hey can I talk to you outside I need to speak to both of you outside then they screamed hey this is racist F this F that that's not fair I'm like hey I just need to make sure he's okay to be inside because that was my reason for taking a lap make sure there was no one in there that was too intoxicated anyone that didn't need to be on the premises anymore um after that she gets belligerent I didn't make no physical contact yet we have this thing we put our hands behind the patron so we can you know motivate them in the direction of the door so when I started doing that the girlfriend throws the drink on me and I don't remember who the security guard was but it was another security guard there cuz that's what happened they started getting belligerent and I flash security guard at the double doors he comes over to help then as he gets this she throws to drink and I'm wiping the the the drink out my eye but I'm still trying to escort him out still didn't make any physical contact yet now as I believe the other security guard starts to intervene I don't know if it was him or the guy in the white shirt that hit me first but once I cleared the alcohol from my eyes I grabbed whoever wrist that was in front of me and pushed him towards the door no I'm not trying to get hit no more I don't want to be be hit anymore no one wants to be hit so I grab him I'm walking towards it he slips but as he slipped I let him go because I don't want to you know I don't I don't know what could happen I don't want to fall with him you know what I'm saying I don't want him to pull me down with him he falls now another guy in a white T-shirt comes and comes clean across my chin hits me in my chin so now I'm like days kind of looking around trying to figure out where everything was going on I grab the guy that hits me I look back the other security guards are looking to pick the guy up that fell off the floor so now we get them all out to the sidewalk and uh I think it was the guy that was on the floor reach his over um one of the security guards and pulls my shirt but while he's pulling he's trying to also hit me too so I'm like weaving punches while my shirt's being pulled and tugged on this is at the door moving outside um all the managers intervene they said hey Tom go back inside matter of fact no I'm lying Wayne said go into the alleyway because we were uh closing it was closing time um Wayne had me go sit in the alleyway the cops came ask me a couple question said do I want to press charge I said no I'm fine it's no big deal it happens it's part of you know what I'm saying it's part of the gig you know um and that was it that's the part of ways with the patron and that was it okay so you you explained to the officers on scene what had happened to you and presumably they saw your shirt ripped and saw that you have been hit Etc right yes yes sir okay and then did you cooperate with the police at that time 100% yes sir thank you very much uh the board may have some questions for I guess the last thing I did want to ask is Miss Corin if you can unmute yourself and is there is there Video available of this uh incident yes we have uh several clips of what happened a clip of what happened inside on the Dance Floor which is a little hard to see but you do see the the scuffle and the altercation and one of the patron which who I believe might be Mr Atwood and the dark t-shirt go down and uh the patron who was in the white T-shirt assault Mr uh Bradshaw and then um you see them walk out uh it's the next clip we have is them walking out the door and uh escorting uh both Mr Atwood his girlfriend and this gentleman in a white long sleeve t-shirt uh both all three of them are walking out Mr Bradshaw and the other security uh staff person walking behind them and you see them walk away and off camera and can you provide that uh absolutely absolutely send it over to I will send it in the usual way thank you very good and for all of you uh folks the board may have some questions for you thank you very much thank you all we'll see if there are any questions start starting with Cher and Jo thank you I'll wait for the videos I have no questions commission car commissioner Saxon uh same for me thank you no questions thank you thank you Miss Corin as soon as I receive videos from you I will make sure they're shared with the board and with that the board will take this under advisement as well thank you thank you calling item number six the Boston Leo Corp located at 71 to 79 Warrington Street date of the incident August 25th 2024 assault and battery employee on Patron in violation of MW chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on employee in violation of Mass General loss chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the LC e oh thank you I do see you on the screen but you currently muted no all again you're still on mute something should have popped up on your screen I've just asked you to unmute you had unmuted for a moment and then REM muted yourself let's try one more time okay there also is a phone in option you may want to try that in the meantime we'll move on to the next item and come back to this while you figure out um how to connect to us calling item number seven Boston Harbor crues L LC doing business as the landing located at 6 Long Warf date of the incident July 4th 2024 service of more than two alcoholic drinks to one Patron at a time in violation of M General law chter 138 section 64 who is present on behalf of the lcy good morning secretary green chairman Joyce Commissioners Tom Miller from mcder Miller and Hanley uh representing the leny I'm joined by Bob Lawler the manager of record and Mike IA thank you I see Mr Lawler I do not see Mr aapa I see him in the oh there we go there he is perfect thank you for being with us who was present on behalf of the Boston Police Department Sant detective William gallaga great thank you very much s detective are there any other individuals that firsthand knowledge of the alleged incident who wish to testify this morning detective thank you um I don't see detective hernand I see him just not on camera okay 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 s to tell the truth the whole truth and nothing but the truth I do thank you s of Gallagher if you can please proceed uh with the police report for the board on Thursday July 4th 2024 Lieutenant detective Adrian Troy s detective Willam Gallagher detective Eddie Hernandez signed to the BPD licensed Prem unit conduct the license premise inspection of the landing as detectives were standing near the bar area detectives deserve one of the Benders provideed a bucket of six beers to One customer the customer walked away into the crowd and appeared to bring the drinks to a table detectives Zen observed another Patron walk away from the bar with three mix drinks and then come back to retrieve two more mix drinks detectives brought this the attention of the person in charge Mr Carlos Flores Mr Flores stated that he would remind his staff that they cannot serve more than two drinks the One customer at a time it should be noted that Mr Flor stated that they did not have any service to bring drinks to the tables on that day as a result with detectives had observed Sant gallager is license premise inspection notice number 02183 to service of more than two drinks to one person at a time this was prohibited practice in violation of Mass general laws 24 cmr4 section B Mr Flores signed for and accepted the noce those are the backs thank you attorney Miller would you like to address the alleged incident thank you secretary green uh Sergeant detective was Mr Flora and the rest of the staff Cooperative you with you during your time on the premise yes sir they always thank you um to address uh the issue at hand um just for a little bit of background the Staffing at the premise as Mr Flores stated uh they do not have servers there uh they have security staff uh covering the entrance and exit of the space as well as monitoring the perimeter they have bartenders uh barbacks food Runners and managers um all on premise at that time but they don't they don't have servers because of the size of the space um at the time of this this uh visit by BPD and uh on to the premise um the security measures and service policies in place uh they had security at the at the front um at the entrance uh their purposes to both provide security but also to check IDs and check individuals coming in for uh level of intoxication um at all times when somebody's entering the premise uh anyone over the age of 21 receives either a stamp or a wristband um after 6 PM the premise becomes 21 plus only um security staff as I said monitors the space of the perimeter to make sure that no alcohol is coming in uh or out and that no patrons who have not been checked or assessed are coming in um the service policy uh all alcoholic drinks and non-alcoholic drinks are provided in separate um containers uh different colors so the alcoholic drinks come in colored container and notal olic in a clear um more specifically to address the issue here when someone orders ordered at the time an item at the bar uh the bartenders would assess those individuals for both age and sobriety if someone ordered something intended for multiple individuals like a bucket of beer or um multiple drinks uh beyond the two per person allowed bartenders at that time would identify a table where those people were to confirm that they had enough people at the table to support the drinks ordered um as it was brought to their attention on that day that's not enough um they were they've since modified their policies um to come in compliance uh the the bartenders will still continue to assess each individual when they order alcoholic beverages whether it is one drink for them or uh multiple drinks for multiple people um if a customer orders a product intended for multiple people or more than two drinks per per per person a barback or food Runner will now deliver Del those or now does deliver those drinks um this policy was implemented after bpd's visit um and this this uh licens perm inspection um when that food Runner or barback uh delivers the drinks to the table they make sure that the they're not providing more than two drinks for a person so that you know multiple people haven't gone up to the bar and done this um they're confirming that you know we're they're staying in compliance they will also uh assess each person at the table for age and sobriety at the time if they have a question on either there they won't provide the alcohol until it's either confirmed or they'll refuse to provide it uh all staff who are involved in the sale service alcohol have uh received the same training uh on assessing individuals uh ability to purchase whether it's age sobriety uh Fitness um they have always trained the bartenders barbacks and managers uh this training is now being extended to the food Runners and other staff who may be delivering alcoholic drinks to the tables um as described once this issue was brought to our attention we have taken the steps to update our policies and procedures to come in compliance our staff understands these updates and we're continuing to work with them on an ongoing basis to ensure that we are in compliance now with the rules and regulations um all the board's rules and the ABC's rules uh going forward um so that an incident like this doesn't happen again thank you for your time and are happy to answer any questions you may have thank you very much see if there are any questions starting with chairman Joyce I don't have any questions thanks I do not as well none from me thank you thank you and the board will take this under advisement as well thank you thank you thank you thank you thanks we'll return to see if anybody from Boston Leo Corp uh is able to connect with us how you doing there we go thank you very much the sorry about the technical difficulty no worries thank you very much this is now we're returning back to item number six the Boston Leo Corp located at 71- 79 Warrington Street date of the incident August 25th 2024 assault and battery employee on Patron violation of Master CH 138 section 64 and chapter 265 section 13A and assault and battery Patron on employee in violation of Mass General La chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the license e if you could please identify yourself for the board my name is Terrence e gathers manager and director of security thank you Mr gathers was there somebody else with you who was also going to test yeah also Jeff delpo manager also great thank you Mr gathers thank you Mr Del pido who is present on behalf of the Boston Police Department Sergeant Jeff King district one thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand thank you thank you very much do do you assar to tell the truth the whole truth and nothing but the truth yes I do thank you Sergeant King if you could please read the police repor into the record for the board okay this is incident number 24272 017 about 0206 hours officer Shelly and genius responded to a call for a person down at 79 warron Street Boston while on a assignment at the corner of Stewart Street and Warrington Street officers responded to a call for a person down at the above location upon arrival officers observed what appeared to be an unknown male laying on the street with what appeared to be blood coming from the back of his head the male was later later identified as Newman Comm Zachary victim date of birth 95 1990 officers were met by Boston EMS who assisted who officers assisted in lifting the victim onto a stretcher and into the rear of ambulance A4 officers were approached by the caller one Terrence gathers suspect who stated the victim Newman comma Zachary while standing between two parked cars at the above location was seen urinating gather stated he was the manager of Legacy Nightclub at the above location and upon witnessing the victim Newman urinating took out his cell phone and took a picture of the victim as to keep a record of him to ensure he was not allowed back in the establishment upon photographing the victim gather stated that the victim charged at him waving his arm arms yelling and screaming gather stated upon fearing for his safety attempted to defend himself gather stated with an open hand he slapped the victim in the face and upon doing so the victim fell backward onto the ground striking his head on the ground upon seeing the victim fall gather state of blood began to seep out of the victim's Head Upon seeing this gathers stated he called 911 Boston EMS A4 unit transported victims a tough Medical Center for further evaluation officers receiv received the information from gathers and followed atin EMS T's Medical Center upon arrival officer spoke to nurses who stated the victim will undergo testing and treatment but exhibited non-life-threatening injuries Alpha 915 Sergeant King conducted a licensed premise check of the establishment Legacy at 79 Warrington Street and then supplemental report about 2:31 a.m. on Sunday August 25th 2024 Sergeant King is the alpha 915 unit conducted a licensed premise inspection relative to the above incident Sergeant King issued licensed premise violation number 017 79 to the Legacy Nightclub at 79 Warr 79 Warrington Street for assault Patron on employee and assault and battery employee on Patron manager Terrence gathers was served the notice in hand thank you very much Mr gathers Mr delpia would you like to address the alleged incident um it's uh basically um ex exactly what the um report said uh we went when we saw the man exposing himself he came out of of the club he walked out fine no incident and uh just you know Warrington Street where we're located it's a very small Street it's a oneway street he walked in between the two cars turned around and exposed himself and started urinating the uh asked him to stop you know we literally would have let him back in and go to the bathroom but he um he got angry and so I'm like all right you know what I won't say nothing else to him I'll just take a picture and know for trespassing purposes that way we know we don't have to let him in again but he was swearing and started threatening me then he charged at me the guys you know I'm 155 pounds guy was like he was he outweighed Me by 100 pounds you know so didn't have a opportunity to retreat so I I reacted we made contact once that happened I um administered first aid and called 911 and for ambulance and uh the police I um also um later got um contacted by uh detective Brian hurl who um called me up and wanted video so um I that night I had got all the video together and I had uh gave it to um detective herl when he did contact me and he um I met him here I drove in no drove from home in and and met him here cuz he called my cell phone after that he uh he I asked him he said he actually had you know better video that he had witnessed from the police camera and um he said if the board wanted to ask him any questions they can contact him thank you anything further before we move to questions okay chairman Joyce do you have any questions for the license e or for sergeant King I'd like to see the video from the premise and if we have the other video great but no questions thank you Mr gathers can you send us that video yep I'll I'll I'll get it copied and send it um I gave a copy to the other detective but I will also copy it and give it to you thank you very much commissioner commission Saxon any questions uh maybe since we don't have the video if anyone from BPD can kind of comment on the further investigation whether corroborated um what we said here maybe Lieutenant detective Troy yeah yes uh uh Lieutenant detective Troy I'm just reading from the detective's notes here and the the the final note it's the notes are kind of brief but it says uh they talk to the the the victim and he didn't want to pursue the matter criminally so the detective closed the case um um and he had made several attempts to call the victim but it does say here that he uh requested the genitech video uh which is the city and homeland security cameras uh it doesn't there's the the the video or none of the um establishment's videos are attached to his uh case notes here so I don't have access to them so I will have to contact the detective himself and um see if I can request videos on occasion the videos are too big to attach into this case notes you know but um so I'll ask him if I can get a a drive from those videos thank you uh yeah wait from the videos whatk stive Gallagher was there something you wanted to add uh sir I uh I can pick up the video that if that's the case uh we're cently we're constantly out uh in that area in the Thea district and I have observed the video I know I've been sworn but the video pretty much dictates exactly what Mr gathers has stated thank you thank you commissioner Saxon any questions nothing to add thank you thank you Mr gathers please send whatever video you do have that can be sent to licensing board at boston.gov I'll make sure that's shared with the Commissioners and Lieutenant Troy or Sergeant detective Gallagher um if you could uh forward any videos you may have as well we'll do thank you very much the board will take this under advis thank you thank you thank you calling item number eight Shisha Lounge LLC located at 417 Cambridge Street in Alon date of the incident July 29th 2024 alcohol on premise p Pao without an alcohol license in violation of Mass General Law chapter 140 section 9 patio not on the Comm vular license in violation of mass gener L chapter 140 section 9 and the smoking permit having expired who is present on behalf of the leny mark Burke owner and operator thank you Mr Burke is there anybody else with you on behalf of shisha or just you today just me thank you who's present on behalf of the Boston Police Department I am detective Hernandez thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify sck William gallager Meb thank you can you all please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth I do do I do I do thank you uh detective Hernandez if you could please read the police report to the record for the board good morning sir I'm G to brief from police report which I wrote on Monday July 29 2024 sh detective William Gallagher and detective Eddie Hernandez assigned to the BPD license prit unit responded to the shaan regarding a complaint the complaint stated that multiple patients were seen leaving the establishment after 3:30 a.m. and then again at 500 a.m while walking through the establishment reserved a rear door leading to an outside patio detectives observed that the patio to contain Beach benches a table with an umbrella a hookah and an open cooler the open cooler contained melted ice bags and an almost empty bottle of vodka and one full can of beer uh upon reviewing the licenses and permits of the establishment detectives observed that the current conviction of license did not provide for the establishments outside patio or alcohol detectives also you um observed that the uh establishment smoking permit 3518 had expired on 6:30 2024 detective brought to attention of person in charge Mr yonas Mo mogus as a result of what detective observes s detective gallager issued the license per inspection notice 021 994 for a patio not listed on the common vict license alcohol on premise without having an alcohol license in an expired smoking Perman Mr muga signed for an accepted the notice that's all there there are some pictures here of the alcohol that was in the cooler and the uh picture of was the furniture and all the uh on the outside patio that's thank you very much Mr Burke would you like to address the alleged incident yeah firstly I refute all three violations and I can get into that but um the detective mentioned complaints about people leaving the business um when when were those complaints made because when you showed up on the 29th that was at 11:30 uh in the evening so I'm just a little confused on on that part of your report could we start there sure I I might be able to address that uh we were in District 14's uh station I was talking to the lieutenant on the desk he informed me that it occurred the night or two before that weekend that the officers had observed people coming out at those two times they did not engage or talk to them they just passed it on to the licensing authorities which are us and we went down there to talk to the staff basically just asked what was going on with that we didn't we just wanted to question them on that and then we found all the other stuff no appreciate it okay well we could dive into the um the reputation uh and first of all good morning everyone um again my name is Mark Burke owner operator Shisha Lounge um let's get started with um these violations so violation one smoking permit expired um this is basically miscommunication my employee employee Yoni who was born in Northeast Africa English isn't his first language try to explain to detectives that the smoking license is active it's in the renewal process and we're waiting to receive it by mail I've got a a check SC that was deposited well was cashed on the 15th of July and we subse subsequently got the permit in the mail so it was basically in process uh so we we we received the renewed permit which is here and now posted in Shisha Lounge I mean days after the violation report um so conclusion on that um from where you know is no violation occurred when I got the renewal packet I filled it out uh submitted it with the check we just didn't have it receip from the mail yet to post it on the board uh so that's that addresses that um okay patio the second violation uh or yeah the second violation that I'd like to repute okay so I think there's a factual inaccuracy here Shisha Lounge does not have a patio okay we have neither appli we haven't applied for one we're not interested in one we don't operate one the items in the area are not evidence of an active patio I mean I I was just there uh Sunday morning and took a picture I mean the use of the space is Transitional space for maintenance tasks in inventory is broken down and trash is organized uh the benches that you mentioned um these are essentially there's a wire mesh um due to the rat infestation we we place trash on these benches um again employees only are are permitted back there I've got signs on the door to that effect that the detectives I'm sure seen when they went back there uh that support that um let's see again use of the space is accessible to you know there's accessible from Lulu's uh the Lulu side it's unsecured trash can accumulate from various sources um and it's just not fit for customer use and we we wouldn't serve or operate that as a patio uh for customers we wouldn't we wouldn't uh violate our CV license in that way so again I think this violation is unfounded there wasn't anybody observed back there there were no customers back there in fact when the detectives um uh came on site on the 29th uh Yoni the employees was outside the business I think at the time and and the detectives were very friendly and nice um you know they just were interviewing him asking him some questions they asked about some incident unrelated to sha Lounge up the street and um wanted to get some input on that they then wanted to see the the licensing on the board you know where we have the CD license and all of that and that's when they saw the expired license then they went into the back and I did review the you know at the photo that was submitted by the detective and again that's a makeshift table an umbrella these were things that you know were not purchased by shishan it's just transitional trash maybe that was placed there because again it's it's it's that gate isn't secured so we don't have a secured space back there um you know somebody could walk walk in and literally you know from from the Lulu side so um I don't I hope I'm clear on that I you know and again happy to take questions you know after I go through these violation 3 alcohol in the premises okay detective then took a photo of a cooler um she doesn't own the cooler I've got a signed letter from Lulu's our neighbor that states that they own that cooler okay so that cooler wasn't shisha lounges um I don't know if that's something you guys want me to read right now or I somehow submit some of these things that I have um for the matter of record but I've got a sign statement from the manager um essentially the cooler was placed temporarily at the rear of Shisha Lounge with whom we share common space while we pressure washed our back area um we have no relationship with alcohol we want nothing to do with alcohol all we do coffees teas hookas that's it and we just try to manage you know um you know there the flow of customers whether it be during the day and then in the evening obviously the customer base changes a bit and you know we have to Pivot accordingly um and and um you know just just be more dilligent you know um but um yeah so that's that's the issue with the cooler again another note on on alcohol um when the detectives found this cooler took photos of the uh you know the items in side they then went into uh Shisha Lounge and started looking through the refrigerators and and you know looked throughout the premises and found no evidence of any alcohol there were no uh you know my employee wasn't intoxicated there was no alcohol inside the business and um a last note on the Alcohol uh situation you know the general area gets a lot of litter I mean if any of you go and walk around the block you know you're going to see empty bottles or sometimes half fill bottles I mean I live in an urban area when I leave my apartment sometimes there's beer right in front of the you know the building you know we picked this trash up I mean we're we're consistently picking up trash and litter out and around the business and you know we're bagging it and sorting it and you know disposing of it now when I opened this business 15 years ago we had a dead DC at dumpster and we had a parking spot behind our business you know and we've got a great neighbor in Lulu's and they built an entire patio I mean I was just on their website looking at a couple of photos and it's a beautiful patio but if you look our area our business behind the patio is literally it's just a maintenance area and um and we need to we need to walk through this area to to dump some of our trash so basically um I think this is just some c circumstantial um you know just it's no evidence of you know a patio or or alcohol being served or sold on on premises it's something that I would never want to go you know to violate and I'll tell you something else all my employees have uh they they know this clearly you know they've signed statements they know it's grounds for immediate termination and they all love their jobs so I mean I think you know law enforcement does a great job and you know we commend you if there's any feedback you'd like to provide to me to make things as far as um I know something that was uh discussed with Yoni was something regarding cameras and I've heard that today in some of these me you know um some of these um cases that were brought up if I need to invest in in better camer system um so that you know we could prove this uh open to that but uh right now we've got a a you know an Antiquated camera system and it's uh you know it's something I could budget but I mean I'm open to the feedback but I I I you know that's where I stand on on these things thank you Mr Burke and for the record you can submit that letter or anything else you would like to draw the boards attention to to licensing board all one word licensing board boston.gov and we'll make sure that that is shared with the Commissioners ahead of Thursday's vote licensing board you said licensing board uh sorry licensing board boston.gov okay great yeah I'll submit all this though absolutely thank you please do and with that we'll move to questions uh cheran Joyce any questions thank you um so thanks for joining us today um I don't believe we've ever appeared before us before so this is an opportunity this is an opportunity for us to understand um um your operations and for you to ask us any questions should there be issues that arise so um you weren't there that night right right I wasn't there that night so this patio you're talking about that is ancillary space it's not used as a patio I think it's very important for you then to make sure your employees don't have access to it okay here's the challenge there um in order to remove trash from you know our day-to-day operations or to fine litter in fact I'll submit also I just now that we're bringing this up well someone well someone has access to it because there is an umbrella there was a hookah out there you are a hookah bar somebody has access to it without permission so employees oh yeah employees only so through the back door employees you will will go there to break down trash coming from the back with inventory I mean okay it looks more it looks more like in the pictures that were shared more more than in slurry space to break down trash there's a fully functioning table and patio umbrella a hookah and it looks like remnants of somebody having alcohol out there um that being said the fact that that is happening and it looks like it's being used more as um more than just breaking down trash and recycling it might be something you want to take a look at if the place next door has access there you need to talk to them because at the end of the day um you're responsible to make sure that those things aren't happening in that space no absolutely and I totally get that I mean it's it's just um like I said there was you know I I mean I welcome the board to come and inspect uh you know and see the space I think that particular picture I mean you know like I said I could submit the pictures that that I've got to that you know I but I agree with you I mean I'll I'll perhaps have have a lock installed on that access you don't necessarily want to lock because people need to have an oh no like a oneway exit egress yeah one of those we're just we're trying to learn from you what happened we're trying to explain to you the rules and regulations um so there is an issue the fact that somebody has access to it and somebody was had alcohol out there there was a hookah out there you're a hookah bar so people other than people are going and coming from that area um may may I just interject something regarding the alcohol I mean you know that that essentially was trash I mean if you find alcoholic bottles in in this is a trash deposited air so I G to ask DET herandez to respond to that because he was there that night and you weren't so I'm just curious what the um Team bur Mr Burke you weren't there that week and were you at all were you there at all that whole weekend not in the well I was there in the day yeah correct sir not in the evening were you there in the evenings when you close early morning early morning I go in and this is what I find sir outside of outside of the business there's trash there's there's empty wasn't trash Mr bur bottles wasn't that wasn't trash Mr Burke but how can you establish that as fact I'm I'm just saying it did not appear to be trash it appeared to be like a bottle with with ice that had just been melted out of the bag let's assume you're right I mean I've got a sign letter let's just look at the can't say it was it wasn't your employees having a party sir what I'm saying is I'm I've got a signed statement that the cooler isn't ours that's number one that's great Co is not yours but it's on your patio sir that's not a patio that is a transitional space that is a transitional space I do not have a patio that isn't a patio okay that's that's that's a place where we break down trash and that's it okay I find a bunch of trash in front of the business empty bottles bottles of wine in you have to cut through the business deposit it in the back and then take it through Lulu to put in a dumpster that's the lay we're here to try to help you improve the way you operate in the business I'm not not passing judgment here on what's been going on but oftentimes managers may not know what employee what is going on with their employees so I'm just suggesting the fact that maybe you want to talk to your staff again and reinforce them that they're not allowed to bring coolers with drinks should it have been them or they maybe they allowed someone else there I'm just saying we're trying to work with you when this is not supposed to be um you know you defend I get you you know every every um thing that we're telling you that the license perise unit um stated happen so you weren't there that night so detective Hernandez was I would suggest you talk to people that were there that night but wait he was he wasn't he wasn't there the night of the of the alleged incident no other police off sir other police officers saw what was going on there and that's why they came to us in regards to that so yes other police officers did see people coming out of your establishment at those hours I just wish that's coming out of your out of your business I don't know what he want me to tell you that's what police officers saw and reported to us oh I mean were they employees were you there sir were you there at 3 in the morning no but what were you there at 5: in the morning 5 in the morning sometimes I go there 5 you weren't there that weekend right but I mean I I don't recall I do not recall that weekend but my question is was there any there wasn't engagement so I I wish that there was somehow we could have uh do you know built a sorry I wish they were I wish they had engaged your right so I mean coming out of your staff which which well if it was an employee coming out it'd be good to address that right and if an employee coming out at that time and what it was patr that too yeah agree sir no we no we we don't no we Clos It 2 am sir I mean you know you know and I I want to learn from this and also be able to you know get feedback from you I I think um you know um was was my employee Yoni was he um you know what was he helpful when you were on site very well okay that's a good point thank you that we had cooperation from the staff that's great with that I'm going to move on to commissioner Saxon and commissioner K do you have any questions uh yeah th this area um outside who who has legal control over is it part of your lease SP are you you lease right yeah I've got a lease with with the landlord that's right that that area included in your lease basically that's a good question and that's something that I was it's it's really really a once Lulu's and we you can you can pull up the site plan when they put the patio in basically built everything and my space EXA was basically absorbed into it and there's access into my into the rear the immediate rear of my business from the lul side so it like like the letter I have from Lulu's about the cooler you know they just put the cooler there now when you're in work mode you don't iously notice these things and like I said I've found litter in the front of the the business and I've transported to the back and left it there some of it being you know you know what Contraband or what have you like just items just R just empty bottles and whatnot just trash and um yeah so it's sort of a transitional strange sort of space so basically we're not to answer your question we don't really Gober the space it's it's sort of are boxed in little area because we we need to move through their space to remove trash and whatnot now I I you know I I definitely I'm going to look at my internal controls regarding what the detectives say so I'm not you know uh but I I guess what I I'd like to keep an open mind on this topic you know inste considering that you know there is a circumstantial element and there was no engagement but again regarding that space in the back if you saw it we all came on site today it it wouldn't be something where you'd say yeah this is this is a patio this is this is suitable for for people to and I mean like I said if you go on their website all right just give me a second okay I I can I can take your your testimony today that it's not a patio but you have to admit it's right for confusion it looks like a patio it the photo and it's it's barely separated from another area that is most definitely a patio right if if you look at that photo you could you could draw a conclusion that okay all right so you have to admit that that that it's right for confusion you you could look at that photo but but that's why I'm here to clarify I'm not saying it is patio okay fair enough and I can accept that let me ask you this sir let's let's assume that okay you could sit at that chair there's an umbrella let's just assume all of that's correct even though the umbrella may not be operational even though I could toss all that stuff right now you know the point is isn't it feasible that an employee could sit there and make a phone call or it's the point is it's a dedicated non-customer space right that's sorry that's you're making my case for me which is that is an area under your control so you're responsible for it well well I definitely have an influence on it but it's not a you know that's for sure yeah I I agree with that statement area is not if it's not your area you like like the chair said your employee shouldn't be out there because it's not your area well I mean that when I signed the lease 15 years ago what 15 years AG well yes we we have an influence over it's essentially just a place where then would be responsible for alcohol being there whe whoever put it there or not yeah but so let me ask you this so any type of trash taken in any type of trash taken in empt or whatnot that have nothing to do with trash it's alcohol very specific type of trash if if it that's what I'm saying well okay so if trash is taking from the street like that isn't our B that has you it's not trash it's alcohol yeah I I'm confused who's who's Sir you need to let the commissioner speak can I who table is it that's something that I it could have been just just trash that has been placed there we this this door to this area okay like like it says in the letter a cooler was just placed there from next door it could have been temporal could have been could have been theirs we don't you know we don't know it wasn't something Shisha Lounge purchased or set up it's not for customer use I think if something was say thrown Street side and an employee placed it there I mean and thinking that they could you know sit there in the space I mean it is boxed in but it it when I originally signed the lease like we didn't invest in in the fencing and the pad any of that it's just a boxed area where we've just used it for bringing in supplies breaking down things I'll do whatever it is that yall tell me you want me to do just so we could you know if you because it's not a patio all that furniture furniture can be thrown out those benches that you know have wire mesh to prevent the rats from you know eating into the trash bags I mean if you're saying we need to walk around the building to dispose of the trash instead of holding it there and then moving it I'll comply with what you'd like to do but I'm just trying to communicate to you without you know coming off as um um you know just belligerant belligerant well I'm frustrated but yeah okay belligerent because I'm frustrated because the streets have a lot of trash in the front of the business and I I've honestly just picked these things up a number of times these empties and then I just put them in the back and but I understand now that I can't be doing that so I understand yes I think your focus on trash is misplaced okay right we're here for alcohol on premise all right alcohol is a highly regulated industry the fact that it was alcohol is really the only thing we're concerned with not whether it was trash or not whether it was placed there by someone else or not the relevant inquiries are whether there was alcohol there and whether it was in a space under your control fair enough I mean I I personally think that what I control is inside the business there was nothing inside the business there's so much sort of collateral things going around outside of the business now in the rear of the business if if that door Tulu was secured I would agree and I would I would explain myself accordingly to it um that's that's you know if you're telling me that we never want to see any type so I mean I mean I mean this meeting's enlightened me then because like I said I've literally picked stuff out of the front of the business walked it back there set it down and going on here this was cooler with melted ice but but that being said that being said we're actually this is actually a hearing to try to get the facts out here and it we're trying to to actually help you commissioner Saxon asked a very simple question about whose umbrella that was and we can't get a simple answer from you so I'm going to suggest that we if anything else you want to submit to us you do so in writing um but commissioner car made a very good point this is a highly regulated industry the fact that there is alcohol on your premise and it wasn't under your control you weren't aware of it that's a fact that's a something we're taking into consideration you could very well say as manager I was not aware I mean that could be your defense but you're not even doing that you're you're challenging photographs you're challenging you know access to this place and who's responsible at the end of the day you're responsible so um I suggest you think about that submit anything else you want to submit to us and W we're actually here trying to help you um and um I have nothing else to say I don't know if the other Commissioners do I feel like spent too much time on this already I appreciate it anything sorry the board will take this matter under advisement Mr Burke please submit anything that you would like the board to consider to licensing board boston.gov uh the record will stay open until five o'clock tomorrow the board will vote Thursday morning okay thank you thank you y calling item number nine Chipotle Mexican Grill of Colorado LLC doing business as Chipotle Mexican Grill located at 1924 Beacon Street in Brighton date of the incident September 21st 2024 no common vular license postate in violation of Mass general laws chapter 140 section 9 expired inspectional Services permit posted in violation of M chapter 140 section 9 and patrons drinking alcohol on premise in violation of Mass General Law chapter 140 section 9 who is present on behalf of the leny um Julie Gibson the field leader who oversees the restaurant and Ryan George Who over is our licensing department great and sorry did you say your last name is Gibson yeah right yeah thank you Miss Gibson Mr George uh who is present on behalf of the Boston Police Department s detective William Gallagher thank you are there any other individuals with firstand knowledge of the alleged incident who wish to testify can you all please raise your right hand detective Hernandez thank you detective uh Mr George I know you're on the phone but if you're planning on providing testimony can you for your right hand please um Ju Just for the uh I'm sorry just for the two violations of the licenses not the alcohol but I'll go thank you uh sorry your right hand please sir thank you do you s to tell the truth the whole truth and nothing but the truth I do I do thank you very much uh Sergeant detective Gallagher if you could please please report to the record for the board yes uh morning S Check William Gall Boston Police Department I'll be reading May Boston police report that I wrote a little backdrop at this this inspection was before the Boston College Michigan State game on 9:21 2024 at 6:44 PM s detective William Gallagher detective Eddie Hernandez assigned license premise unit conducted a licensed premise inspection of chipot Mexican restaurant at 1924 Beacon Street inside the restaurant detectives made observations of two males sitting at the table drinking beer from red Solo cups detect observed a third meal with a brown bag containing beer with them that left quickly as detectives approached the two meals were identified as Brian Saxton 9591 of Beverly and Zachary Gardner 9892 of Charlestown both meals were shown to the manager and escorted off the property detectives also failed to observe a common victual license or apparent ISD permit one up there to buy it back on January 23rd 24 these permiting issues were also brought to the detention as well we observe stive Gall issue license premise inspection Noti number 020 64 chipot Mexican for no common Vic posted expired ISD patrons drinking alcohol and premise the manager Miss Andrea Cardona signed for and accept the notice those are the facts thank you very much Miss Gibson Mr George would you like to address the alleged incident yes Ryan you can go first for the license ing in okay so with the um licensing we were actually unaware because we made the payments and R new applications sent that in and everything was um good on our part that we thought we just didn't realize that we didn't have not scheduled the exection for that um and that why is why the license were not um posted so you I've been in contact with um someone from the inspection department to of getting everything in order to get those LIC inspection out and completed and I'm in contact with our facility manager and assistant facility manager to get the needed documents they need to come out and do that inection um and it was all our fault that we didn't have that inspection scheduled we just were unaware we didn't have to schedule that after we made the payments and everything and I did confirm that and the insor did as well that all the payments were received so we're current with the payments we just have to get that inspection out and once that's completed we can get those license and then once again we'll have to renew the license for this upcoming year again thank you for that Miss Gibson yeah and so uh in regards to the alcohol and premise um the I spoke to the general manager who did come as immediately as uh afterwards to find follow up on the licensing um but I spoke to her and Andrea who is the manager on duty they were drinking it in an area where you can't necessarily see it from the line um that we make the food from there's a little area that um doesn't quite get like eyesight um however we talked talked about doing what walking through the dining room every 30 minutes um I also did purchase some signs um in the meantime until we find Chipotle approved signage um that says no alcohol consumption on property um we haven't had this issue before but again we are right next to the college as well as the liquor store is right next door to us so we will do what we can to ensure that no one is well we're going to do what we can to ensure no one is drinking on the premises thank you very much I will if there are any questions following that testimony chairman Joyce any questions thank you for your testimony um I have no questions commissioner Cent commissioner Saxon any questions uh maybe just more in the way of comment um just as the sergeant said it was during you know big game so maybe you need to take note of when um you know big events are happening it might be a time to be more Vigilant that's all thanks 100% agreed um we discussed that oh sorry commissioner Saxon go ahead let jie answer thank you very much uh if there are no further questions from the board then the board will take this matter under advisement as well thank you thank you thank you thank you thank you and item number 10 has been continued to the next available hearing date uh as a scheduling request for licenses councel those are all of the items before the board this morning that will adjourn this hearing the board is scheduled to vote on these items on Thursday morning at 10 a.m. notice has been posted to the city's website thank you all and enjoy the rest of your day