HomeMy WebLinkAbout2012-10-16 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
OCTOBER 16, 2012
Goldv, Tafova, Schubert, Arena, Bonazoli Hechenbleikner
la) Move to go into Executive Session to consider the purchase,
exchange, lease or value of real property, and that the chair
declares that an open meeting may have a detrimental effect on
the negotiating position of the body and to reconvene in Open
Session at approximately 7:00 p.m.
4a) Move that the Board of Selectmen close the hearing on the
possible modification, suspension or revocation of the Retail
Package Goods Store License to Expose, Keep for Sale and to Sell
All Kinds of Alcoholic Beverages Not to be Drunk on the Premises
for Reading Fine Wines, LLC d/b/a The Wine Shop of Reading,
676 Main Street, for violating GL Chapter 138, Section 34 for the
sale or delivery of alcoholic beverages to a person under 21 years
of age.
Move that the Board of Selectmen find Reading Fine Wines, LLC
d/b/a The Wine Shop of Reading, 676 Main Street, in violation of
MGL Chapter 138, Section 34 for the sale or delivery of alcoholic
beverages to a person under 21 years of age on September 26,
2012.
Move that Reading Fine Wines, LLC d/b/a The Wine Shop of
Reading, 676 Main Street be penalized with a day
suspension for violation of MGL Chapter 138, Section 34 for the
sale or delivery of alcoholic beverages to a person under 21 years
of age on September 26, 2012.
Move that the day suspension for Reading Fine Wines,
LLC d/b/a The Wine Shop of Reading, 676 Main Street take place
on , 2012; that the license be surrendered to the office
of the Town Manager not later than 9 am the first day of the
suspension, to be returned to the licensee by 9 am the day
following the suspension; and that a placard be placed on the
premises during the period of suspension indicating the business
U11
is "unable to sell liquor due to a suspension of the liquor license
for sale of liquor to an underage person", and that Reading Fine
Wines LLC reimburse the Town of Reading for Constable and
advertising fees.
4b) Move that the Board of Selectmen close the hearing on the
possible modification, suspension or revocation of the Retail
Package Goods Store License to Expose, Keep for Sale and to Sell
All Kinds of Alcoholic Beverages Not to be Drunk on the Premises
for Peter I Donovan d/b/a The Wine Bunker, 1 General Way, for
violating GL Chapter 138, Section 34 for the sale or delivery of
alcoholic beverages to a person under 21 years of age.
Move that the Board of Selectmen find Peter I Donovan d/b/a
The Wine Bunker, 1 General Way, in violation of MGL Chapter
138, Section 34 for the sale or delivery of alcoholic beverages to a
person under 21 years of age on September 26, 2012.
Move that Peter I Donovan d/b/a The Wine Bunker, 1 General
Way be penalized with a day suspension for violation of
MGL Chapter 138, Section 34 for the sale or delivery of alcoholic
beverages to a person under 21 years of age on September 26,
2012.
Move that the day suspension for Peter I Donovan d/b/a
The Wine Bunker, 1 General Way take place on ,
2012; that the license be surrendered to the office of the Town
Manager not later than 9 am the first day of the suspension, to be
returned to the licensee by 9 am the day following the suspension;
and that a placard be placed on the premises during the period of
suspension indicating the business is "unable to sell liquor due to
a suspension of the liquor license for sale of liquor to an underage
person", and that Peter I Donovan reimburse the Town of
Reading for Constable and advertising fees.
4c) Move that the Board of Selectmen close the hearing on the
possible modification, suspension or revocation of the Restaurant
License to Expose, Keep for Sale and to Sell All Kinds of
Alcoholic Beverages to be Drunk on the Premises for Bistro
Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street, for violating
i P
GL Chapter 138, Section 34 for the sale or delivery of alcoholic
beverages to a person under 21 years of age.
Move that the Board of Selectmen find Bistro Concepts, Inc. d/b/a
Sam's Bistro, 107 Main Street, in violation of MGL Chapter 138,
Section 34 for the sale or delivery of alcoholic beverages to a
person under 21 years of age on September 26, 2012.
Move that Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main
Street be penalized with a day suspension for violation of
MGL Chapter 138, Section 34 for the sale or delivery of alcoholic
beverages to a person under 21 years of age on September 26,
2012.
Move that the day suspension for Bistro Concepts, Inc.
d/b/a Sam's Bistro, 107 Main Street take place on ,
2012; that the license be surrendered to the office of the Town
Manager not later than 9 am the first day of the suspension, to be
returned to the licensee by 9 am the day following the suspension;
and that a placard be placed on the premises during the period of
suspension indicating the business is "unable to sell liquor due to
a suspension of the liquor license for sale of liquor to an underage
person", and that Bistro Concepts, Inc. reimburse the Town of
Reading for Constable and advertising fees.
Liquor License Violations from 2000 - 2012
Licensee
Year
Penaltv
Fuddruckers
2011
3 days
Oye's
2011
3 days
Bangkok Spice
2011
3 days
Knights of Columbus
2011
3 days
Wine Shop
2011
3 days
Wine Shop
2008
2 days
Twin Seafood
2008
2 days
Busa Liquors
2008
2 days
Square Liquors
2004
3 days
3.2.7 - Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules
or regulations of the Alcoholic Beverage Control Commission, and/or of the Town of
Reading Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
1st Offense
Warning to three days suspension
2" Offense
Three days to six days suspension
3r' Offense
Six days to 12 days suspension
4"' Offense
Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law,
Chapter 138, and/or one violation of the Massachusetts Alcoholic Beverage Control
Commission Rules and Regulations 204CMR, and/or Town of Reading local licensing
regulations and any other law or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more
lenient or severe than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative
penalties (e.g. rolling back of the licensees operating hours, suspension of the licensee's
Common Victualler license, and/or suspending the licensee's entertainment license.)
R~
f
Sun
7
14
21
28
Mon
1
8
15
22
29
Tue
2
9
16
23
30
3
10
17
24
31
Thu
4
I I
18
25
Fri
5
12
19
26
Sat
6
13
20
27
Sun
4
11
Veterans Day
18
25
l;9
Mon
Tue
Wed
Thu
Fri
Sat
1
2
3
5
6
7
8
9
10
12
13
14
15
16
17
19
20
21
22
23
24
Thanksgiving
26
27
28
29
30
Sun
Mon
Tue
Wed
Thu
Fri
Sat
1
2
3
4
5
6
7
8
9
10
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Christmas
30
31
(:~~)j
READING POLICE, DEPARrrMr{,rrr
OFFICE OF THE CHIEF
Nd~~d
`~•S~lHC~71~Q~p~.
- 1Pi Union Street, Reading, iVtaxsaciiuscat 01867
,Tainrd W. CiAnnier Emcrgency OnLV 911 All othcr Calls: 781-944-1212 Fax: 781-944-2893
Cl,ieft,'Police F-Mail: JCvrmier@ci.reading.ma.us
PRESS RELEASE: ALCOHOL COMPLIANCE UPDATE
FROM THE OFFICE OF THE CHIEF OF POLICE
Released on 9/27/12
Reading, MA- The Reading Police Department Detective Unit conducted alcohol
compliance checks on Wednesday September 26, 2012. Officers monitored licensed
package stores, restaurants and clubs in Reading. This operation involved underage
operatives attempting to purchase alcohol. During this operation, 19 local establishments
passed the compliance check. There were 3 violations (sale to a minor) referred to the
Local Liquor Licensing Board. The establishments that were found to be 100%
compliant during the operation were:
American Legion Post 62
Bangkok Spice. Thai Restaurant
Bertucci's Italian Restaurant
Busa's Reading Liquors
Cafe Capri
Chili's Grill & Bar
Fuddruckers
Grumpy Doyle 's
Knights of Columbus
Longhorn Steak House
Mandarin Reading Restaurant
Meadow Brook Golf Club
Northside Liquors
Oye 's Restaurant
Reading Overseas Veterans
Ristorante Pavarotti
Romano's Macaroni Grill
Square Liquors
Venetian Moon Restaurant
Over the past 5 years, there has been a multi-faceted effort spearheaded by Police, Town,
School Leaders working with Reading Coalition Against Substance Abuse to improve local
liquor policy, responsible beverage service education, training, and alcohol enforcement.
These efforts led to improvements in our local compliance rate. The average compliance rate
from 2008-2012 is 90%. The Reading Police Department will continue to monitor local
liquor establishments. Communities like Reading that have reduced the availability of
alcohol to underage drinkers have experienced fewer crashes and fewer crimes.
Preventing underage drinking is everyone's responsibility!
Funding provided by: 2012 Underage Alcohol Enforcement Grant Program Executive Office
of Public Safety and Security (EOPSS)
q-i
OF 1?1;4
z mG LICE EP TIE
OFFICE OF TBE CHIEF
A
'~9. ~HCOR?~R
16 Union Street, Reading, Massachusetts 01867
JWn4W W- COPM er Emergency Only: 911 All Other Ca11s: 781-944-1212 Fax: 781-944-2893
Chief of Police F-Mail: JCormier@ci.reading.ma.us
Honorable Board of Selectmen September 27, 2012
16 Lowell Street
Reading, MA 01867
Dear Members of the Honorable Board of Selectmen,
I am requesting hearings before you for violations of MGL C138, 534, Sale or Delivery
of an alcoholic beverage to a person less than twenty-one years of age to the following
establishments on September 26, 2012:
The Wine Shop
676 Main Street
Reading, MA 01867
The Wine Bunker
1 General Way
Reading, MA 01867
Chief of Police
L
Sam's Bistro
107 Main Street
Reading, MA 01867
Page 1 of 5
o_k j Reading Police Department
Chief James Cormier
X 15 Union Street
Reading, MA 01867
(ph) 781944-1212 (fax) 781944-2893
READING POLICE DEPARTMENT 09/27/12 11:47
v5.5n PAGE:
INVESTIGATIVE ACTION REPORT
CASE#: D087676
org.case#:
rpt date: 09/27/12 09:54 reported: WEDNESDAY 09/26/12 17:00
from date: to
ucr: 106 INVESTIGATION
location: COMPLIANCE CHECKS
follow up by: NONE NEEDED case status: CLEARED NORMAL
officer: rpt status: COMPLETE
Change Status: review officer: 53 SGT DET SEGALLA
comp/vict notify: N sup review officer:
cir/involve type:
Solvability Factors CIR:
complaint:
INVEST.
#115-12
- ABCC COMPLIANCE
CHECKS
reporting
officer:
54 DET.
HOLMES
assignment: C car: 54
second
officer:
53 SGT
DET SEGALLA
sup/back-up:
NAMES
type mast# name/add phone dob ss#
INVL 080439 WINE SHOP OF READING, (781) 944-4521
676 MAIN READING MA 01867
INVL 129818 FURLONG,DENISE M
INVL 129819 BRODEUR,DENNIS
INVL 129820 DANAHY,JAMES F
INVL 129822 THE WINE BUNKER,
1 GENERAL READING MA 01867
INVL 129823 SAM'S BISTRO,
107 MAIN READING MA 01867
PROPERTY
prop.type make mod/style color
EVIDENCE rpt'd: 09/26/12 class: 02
ser#/vin#
3
file://CADocuments and Settings\dholmes\Local Settings\Temp\tmp_rptl368_4.htm1 9/27/2012
Page 2 of 5
ALCOHOL
BUD LIGHT
BOTTLES
id/desc:
6 PACK BUD LIGHT
BOTTLES value:
$0 ncic:
reg
080439 - WINE
SHOP OF READING
control
bin
analy
EVIDENCE
rpt'd: 09/26/12
class: 02
ALCOHOL
MOSCATO
WHITE WINE
id/desc:
1 750ML BOTTLE OF
WHITE WINE value:
$0 ncic:
reg
129822 - THE
WINE BUNKER
control
bin
analy
NARRATIVE
On Wednesday 9/26/12 I, along with Sgt. Segalla were working in the detective
unit in plain clothes and conducted liquor compliance checks of all the towns'
package stores, veterans clubs, and restaurants that are authorized to sell
liquor to their patrons between the hours of 5pm and 9pm.
For tonight's enforcement operation we used an underage operative that we have
used for other compliance checks before, who is . years old.
Copy of her MA driver's license is included with this file. Before conducting
the operation, 41101MM was advised of all the guidelines that must be followed
and she signed all relevant paperwork that outlined tonight's enforcement.
Signed copies are included with this file.
Before we left the station, &IMM00ft was given a breathalyzer test by Officer
Amendola which resulted in a 0.0% reading. Further, as recommended in the
guidelines,.. picture was taken by me both before beginning and upon
completion of the operation.
was given $80 (4 $20 bills) in department funds to use in attempts to
purchase alcoholic beverages during the operation. Copies of the funds are
included with this file as well.
was instructed to attempt to purchase a 6 pack of Bud Light bottles
when entering a package store or a 750ml bottle of wine if going into one of
the wine stores if she did not see Bud Light easily displayed. When conducting
the operation at the restaurants or bar she was instructed to attempt to
purchase a single Bud Light bottle. Her pocketbook remained inside our under
cover cruiser as she entered each establishment.
In some instances, such as with Meadow Brook Country Club, the VFW hall, and
the American Legion she was not allowed entrance or asked for any
identification because she was not a member. Therefore she was unable to
attempt to purchase any alcoholic beverages from these establishments.
During the operation we drove 4ffANjjjP0to all 22 establishments in town as
listed below:
Meadow Brook CC at 292 Grove St
Mandarin Restaurant at 296 Salem St
1 y'q
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Page 3 of 5
Fuddruckers at 40 Walkers Brook Dr
Chili's at 70 Walkers Brook Dr
Romano's Macaroni Grill at 48 Walkers Brook Dr
Oye's at 26 Walkers Brook Dr
Bertucci's at 45 Walkers Brook Dr
Long Horn Steakhouse at 39 Walkers Brook Dr
The Wine Bunker at 1 General Way
Venetian Moon at 680 Main St
The Wine Shop at 676 Main St
Grumpy Doyle's at 530Main St
The American Legion Post at 37 Ash St
Veterans of Foreign Wars (VFW) at 575 Main St
Ristorante Pavarotti at 601 Main St
Bangkok Spice at 76 Haven St
Square Liquors at 13 High St
CafA° Capri at 355 Main St
Busa Liquors at 345 Main St
Northside Liquors at^150 Main St
Sam's Bistro at 107 Main St
Knights of Columbus Lodge at 11 Sanborn St
At or around 6:12pm 40100J~ entered The Wine Bunker located at 1 General Way.
She was instructed to attempt to purchase a bottle of wine as we were unsure if
the establishment even carried any beer or more specifically, Bud Light. She
came out at or around 6:13pm with a single bottle of Moscato Italian white
wine. She paid $7.50 for the wine, receipt included with this file. The wine is
being held as'=evidence.
stayed in the cruiser and Sgt. Segalla and I entered the
establishment. We identified ourselves as Reading Police officers with our
police badges to the clerk working behind the only cashier's desk. He
identified himself with is mass driver's license as James Danahy dob 3/28/88.
We informed him that he had just sold alcohol to a minor, person under 21 years
old. He admitted to us that he did not ask her for any identification. I asked
Danahy if the owner is working and he said "no I'm the only one". We informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
At or around 6:28pm Quilmn entered The Wine Shop located at 676 Main St. She
was instructed to attempt to purchase a 6 pack of Bud Light bottles. She exited
the establishment at or around 6:30pm and was carrying a brown bag which
contained a 6 pack of Bud Light bottles. She stated that she paid $6.49 for the
beer, receipt included with this file. The beer was taken as evidence.
I entered the establishment and identified myself as a Reading Police Officer
with my badge to the clerk who was working behind the cash register. He
identified himself with his Mass driver's license as Dennis Brodeur dob 3/8/55.
r-~
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Page 4 of 5
I informed Brodeur that he had just sold alcohol to a minor, person under 21. I
asked him if he asked for the female's identification and he said "no". I asked
him if the owner of the establishment was there and he stated "no". I informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
Back in the cruiser, SONNO stated that the male clerk at the Wine
Shop engaged her in some conversation prior to and after the sale. We asked her
what was said and she stated that he asked 40001Mw if she had ever been at the
Bud factory? She started to reply that "they aren't even an American company"
and knowing that she was not to engage any of the clerks in any unnecessary
conversation stopped at this point. On her way out the door the male clerk
stated to her "hey I learned something new tonight, thanks". We asked her what
that meant and she stated that they had a hard time printing a cash register
receipt. See attached written statement by mss, included with this file.
At or around 7:01pm ANEW entered Sam's Bistro located at 107 Main
St. She was instructed to attempt to purchase a single Bud Light bottle at the
bar. If served, she was to pay for it and immediately leave the establishment
and report directly to our cruiser which was parked directly in front of the
restaurant. @066bW exited the restaurant at or around 7:03pm. She stated she
was served a single Bud Light Bottle with an accompanying cold glass and she
handed the bartender a $5 bill to pay for it. We asked ARAJOW which bartender
served her and he said the older of the two females working the bar.
Sgt. Segalla and I entered the restaurant and proceeded to the bar on
the left side of the establishment. I asked both bartenders, two females, if
they could meet us at the far end of the bar. They both came over and we
identified ourselves as Reading Police Officers with our badges. We asked which
of the two just sold a Bud Light to a female and one of the two said she did.
She was identified with her Mass driver's license as Denise Furlong dob
9/22/67. At this time another female walked over and stated she was the current
manager on duty. She identified herself as Linda Cunningham. We asked Denise if
she asked the female for identification and she stated "no". I informed Denise
that the girl was a minor, person under 21. She stated she was very sorry. We
informed them that they should notify the owner as soon as possible and that
the owner< woulyd receive notice for a hearing at a future date in front of the
Town licensing authority.
Upon completion of the above operation we returned to the police
station. 11~ was given another breathalyzer test by me which resulted in a
reading of 0.0%. I also took her picture again as previously mentioned above.
She turned the rest cf the money, $61.01 over to us that she did not use that
we gave her at the beginning of the operation.
The other 20 above listed establishments asked ~ for
identification and she was not able to purchase alcoholic beverages.
Solvability Factors -
Eliminated by Investigation:
01 q.11L9
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Page 5 of 5
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech work -
Photographs [ ] Composite [
Performed by:
gen status:
Instigating Officer's Signature
7/d 7/i4
] Fingerprints [ ] Other [ ]
S
Revi ZOff
,MV..- ....rye
2 # 0
Dale
file://C:\Documents and Settings\dholmesTocal Settings\Temp\tmp_rptl368_4.htm1 9/27/2012
3.2.7 - Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
1St Offense ~ Warning to three days suspension
2nd Offense Three days to six days suspension
3rd Offense Six days to 12 days suspension
4" Offense ~ Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and/or suspending the licensee's entertainment license.)
3 - 13 Board of Policies
Vectmen
LEGAL NOTICE
Alleged Violation - M.G.L.
Chapter 138, §34 - Sale to
Minor
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen as the,
Licensing Authority for the. Town.
of Reading will hold a public
hearing on Tuesday, October
16, 2012-at 7:00 p..m. in the
Selectmen's Meeting Room, 16
Lowell Street, Reading;
Massachusetts. to show cause
why Reading Fine Wines d/b/a
The Wine of Shop Reading,
676 Main Street, Retail
Package Goods Store License
to Expose, Keep for Sale and to
Sell All Kinds of Alcoholic
Beverages not to be Drunk on
the Premises should not be
modified, suspended or
revoked for violating G.L.
Chapter 138, §34' on
September 26, 2012 to wit: the
sale or delivery of alcoholic
beverages to a person under 21
years of age. - .
All interested parties may
appear in person, may submit
their comments in writing, or
may email comments to town-
manager@ ci. reading. ma. us.
By order of
Peter I. Hechenbleikner
Town Manager
10/9.
Li 0.,
CONSTABLE'S RETURN OF SERVICE
Middlesex County, s.s.
Reading, MA
27 September 2012
I, this day served the below named documents in hand to Dennis Brodeur, Manager for
The Wine Shop of Reading at 676 Main Street, Reading, Massachusetts 01867.
Notice of Hearing - Original
Alleged Violation MGL Chapter 138, s34 - Sale to Minor
Reading Police Department Investigative Action Report dated 09/27/2012
Date of Service: 27 September 2012 at 3:12 pm
FEES:
Service: $20.00
Travel: incl.
Total: $20.00
( Z"i' zzc-"'14
Alai `W. Ulrich
Constable & Disinterested Person
76R Woburn St.
Reading, MA 01867
Tel: (781) 944-0885
Cell: (781) 775-1824
~o~NoFRo~y Town of Reading
m .E a
16 Lowell Street
°°rss9:(N 0 Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
September 27, 2012
Robert Carp
The Wine Shop of Reading
676 Main Street
Reading, MA 01867
Delivered in Hand
TOWN MANAGER
(781) 942-9043
-NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Carp:
You are hereby notified that a public hearing will be held by the Board of
Selectmen as the Licensing Authority for the Town of Reading, on Tuesday, October 16,
2012 at 7:00 p.m. in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street,
Reading, MA, to show cause why your Retail Package Goods Store License to Expose,
Keep for Sale -and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the
Premises should not be modified, suspended or revoked for violating.G.L. Chapter 138,
§34 on September 26, 2012 to wit: the sale or delivery of alcoholic beverages.to a
person under 21 years of age.
This public hearing will be held pursuant to the provisions of G.L. c.138, §64.
After the hearing, the Board of Selectmen may vote to suspend'or revoke your license if
it finds that there is satisfactory proof that'a violation has occurred. You may appear on
your own behalf and/or with your legal counsel and present witnesses.
For your information and review, copies of police report(s) concerning the. alleged
incident are enclosed herewith.
c rely,
t
Fjeter I. Hechenbleikner,
Encl.
cc: Town Counsel
Chief James- Cormier
Alcoholic Beverages Control Commission
Town Manager
Page 1 of 5
Beading Police Department
Chief James Cormier ,
15 Union Street .
Reading, MA 01867
(ph) 781-944-1212 (fax) 781-944-2893
READING POLICE DEPARTMENT 09/27/12 11:47
PAGE:
INVESTIGATIVE ACTION REPORT
CASE#: D087676
org.case#:
rpt date: 09/27/12 09:54
from date: to
ucr: 106 INVESTIGATION
location: COMPLIANCE CHECKS
follow up by: NONE NEEDED
officer:
Change Status :
comp/vict notify: N
cir/involve type:
Solvability Factors CIR:
reported: WEDNESDAY 09/26/12 17:00
case status: CLEARED NORMAL
rpt status: COMPLETE -
review officer: 53 SGT DET SEGALLA
sup review officer:
complaint: INVEST. #115-12 - ABCC COMPLIANCE CHECKS
reporting officer: 54 DET. HOLMES assignment: C car:-54
second officer: 53 SGT DET SEGALLA sup/back-up:
NAMES
type mast# name/add phone dob ss#
INVL 080439 WINE SHOP OF READING, (781) 944-4521
676 MAIN READING MA 01867
INVL 129818 FURLONG,DENISE M
INVL 129819 BRODEUR,DENNIS
INVL 129820 DANAHY,JAMES F
INVL 129822 THE WINE BUNKER,
1 GENERAL READING MA 01867
INVL 129823 SAM'S BISTRO,
107 MAIN READING MA 01867
PROPERTY
prop.type make mod/style color ser#/vin#
EVIDENCE rpt'd: 09/26/12 class: 02
tI:-" 911
- . . - , ^-u-----krr_..,_-l4--- ,...,+1244 A htm1 9/7712012
Page 2 of 5
ALCOHOL BUD LIGHT BOTTLES
id/desc: 'G PACK BUD LIGHT BOTTLES value: $0 ncic:
reg 080439 - WINE SHOP OF READING
control bin analy
EVIDENCE rpt'd: 09/26/12 class: 02
ALCOHOL MOSCATO WHITE WINE
id/desc: 1 750ML BOTTLE OF WHITE WINE value: $0 ncic:
reg 129822 - THE WINE BUNKER
control bin analy
NARRATIVE
On Wednesday 9/26/12 I, along with Sgt. Segalla were working in the detective
unit in plain clothes and conducted liquor compliance checks of all the towns'
package stores, veterans clubs, and restaurants that are authorized to sell
liquor to their patrons between the hours of 5pm and 9pm.
For tonight's enforcement operation we used an underage operative that we have
used for other compliance checks before, who is & years old.
Copy of her MA driver's license is included with this file. Before conducting
the operation, 4MONIMM was advised of all the guidelines that must be followed
and she signed all relevant paperwork that outlined tonight's enforcement.
Signed copies are included with this file.
Before we left the station, dNN0Nft was given a breathalyzer test by Officer
Amendola which resulted in a 0.0% reading. Further, as recommended in the
guidelines,- picture was taken by me both before beginning and upon
completion of the operation.
was given.$80 (4 $20 bills) in department funds to use in.attempts to
purchase alcoholic beverages during the operation. Copies of the funds are
included with this file as well.
'was instructed to attempt to purchase a 6 pack of Bud Light bottles
when entering a package.store or a 750ml bottle of wine if going into one of
the wine stores if she did not, see Bud Light easily displayed. When conducting
the operation at the restaurants or bar she was instructed to attempt to
purchase a single Bud Light bottle. Her pocketbook remained inside our under
cover cruiser as she entered each establishment. .
In some instances, such as with Meadow Brook Country Club, the VFW hall, and
the American Legion she was not allowed entrance or asked for any
identification because she was not a member. Therefore she was unable to
attempt to purchase any alcoholic beverages from these establishments.
During the operation we drove 4011111phito all 22 establishments in town as
listed below:
Meadow Brook CC at 292 Grove St
Mandarin Restaurant at 296 Salem St
Q/
- min A 1_ ~ l (1!7^7/ )(11
Page 3 of 5
Fuddruckers at 40 Walkers Brook Dr
Chili's at 70 Walkers Brook Dr
Romano's Macaroni Grill at 48 Walkers Brook Dr
Oye's at 26 Walkers Brook Dr
Bertucci's at 45 Walkers Brook Dr
Long Horn Steakhouse at 39 Walkers Brook Dr
The Wine Bunker at 1 General Way
Venetian Moon at 680 Main St
The Wine Shop at 676 Main St
Grumpy Doyle's at,530Main St
The American Legion Post at 37 Ash St
Veterans of Foreign Wars (VFW) at 575 Main St
Ristorante Pavarotti at 601 Main St
Bangkok Spice at 76 Haven St
Square Liquors at 13 High St
CafA® Capri at 355 Main St
Busa Liquors at 345 Main St
Northside Liquor's at *150 Main St
Sam's Bistro at 107 Main St
Y,4ights of Columbus Lodge at 11 Sanborn St
1; t
At or around 6:12pm 401NOb" entered The Wine Bunker located at 1 General Way.
She was instructed to attempt -to purchase a bottle of wine as we were unsure if
the establishment even carried any beer or more specifically, Bud Light. She
came out at or around 6:13pm with a single bottle of Moscato Italian white
"wine. She paid $7.50 for the wine, receipt included with this file. The wine is
being held as'~3evidence.
stayed in the cruiser and Sgt. Segalla and I entered the
establishment. We identified ourselves as Reading Police Officers with our
police badges-to the clerk working behind the only cashier's desk. He
identified himself with is Mass driver'.s license as James Danahy dob 3/28/88.
We informed him that he had just sold alcohol to a minor, person under 21 years
old: He admitted to us that he did not ask her for any identification. I asked
Danahy if the owner is working and he said "no I'm the only one". We informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
At or around 6:28pm ffiblielWr entered The Wine Shop located at 676 Main St. She
was instructed to attempt to purchase a 6 pack of Bud Light bottles. She exited
the establishment at or around 6:30pm and was carrying a brown bag which
contained a 6 pack of Bud Light bottles. She stated that she paid $6.49 for the
beer, receipt included with this file. The beer was taken as evidence. .
I entered the establishment and identified myself as a Reading Police officer
with my badge to the clerk who was working behind the cash register. He
identified himself with his mass driver's license as Dennis Brodeur dob 3/8/55.
Y
. n-in A 1-1 0 /7'7/IA11
Page 4 of S
I informed Brodeur that he had just sold alcohol to a minor, person under 21. I
asked him if he asked for the female's identification and he said "no". I asked
him if the owner of the establishment was there and he stated "no". I informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
Back in the cruiser, 000001 stated that the male clerk at the wine
Shop engaged her in some conversation prior to and after the sale. We asked her
what was said and she stated that he asked 400ndipw if she had ever been at the
Bud factory? She started to reply that "they aren't even an American company"
and knowing that she was not to engage any of the clerks in any unnecessary
conversation stopped at this point. on her way out the door the male clerk
stated to her "hey I learned something new tonight, thanks". We asked her what
that meant and she stated that they had a hard time printing a cash register
receipt. See attached written statement by mss, included with this file.
At or around 7:01pm AUNW entered Sam's Bistro located at 107 Main
St. She.was.instructed to.attempt to purchase a single Bud Light bottle at the
bar. If served, she was to pay for it and immediately leave the establishment
and report directly to our cruiser which was parked directly in front of the
restaurant. NOW ~a exited the restaurant at or around 7:03pm. She stated she
was served a single Bud Light Bottle with an accompanying cold glass and she
handed the bartender a $5 bill to pay for it:-we asked 4Ml0NWwhich bartender
served her and he said the older of the two females working the bar.
Sgt. Segalla and I entered the restaurant and proceeded to the bar on
the left side of the establishment. I asked both bartenders, two females, if
they could meet us at the far end of the bar. They both came over and we
identified ourselves as Reading Police Officers with our badges. We asked which
of the two just sold a Bud Light to a female and one of the two said she did.
She was identified with her Mass driver's license as Denise Furlong dob
9/22/67. At this time another female walked over and stated she was the current
manager on duty. She identified herself as Linda Cunningham. We asked Denise if
she asked the female for identification and she stated "no". I informed Denise
that the girl was a minor, person under 21. She stated she was very sorry. We
informed them that they.should notify the owner as soon as possible and that
the owneu wou]..d receive notice for a hearing at a.future date in front of the
Town licensing authority.
Upon completion of the above operation we returned to the police
station. 4010W was given another breathalyzer test by me which resulted in a
reading of 0.0%. I also took her picture again as previously mentioned above.
She turned the rest of the money, $61.01 over to us that she did not use that
we gave her at the beginning of the operation.
The other 20 above listed establishments asked ~ for
identification and she was not able to purchase alcoholic beverages.
Solvability Factors -
Eliminated by Investigation:
4
t n _u._._-\ -11- -.1.--.....\T ,....,1 Qo+F;+. rrn\Tam n~trnn t',,t1 qrR d html 9/97/2012
Page 5 of 5
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite [
Performed by:
gen status:
instigating Officer's Signature
/M 711d-
Fingerprints [ l Other [ ]
Revi `Officer' Signature Da1/e
RPttina.q\Temn\tmn mt1368 4.html
9/27/2012
3.2.7 - Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
Is` Offense Warning to three days suspension
2' Offense Three days to six days suspension
3rd Offense Six days to 12 days suspension
4" Offense + Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and/or one, violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and/or suspending the licensee's entertainment license.)
(7>
3-13 Board of Selectmen Policies
Town of Reading
- , 16 Lowell Street
9e1XC0 Re 0 Reading, MA 01867-2685
s'f~P
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
CERTIFIED MAIL #7010 0780 0001 6911 8634
July 6, 2011
Robert Carp
The Wine Shop of Reading
676 Main Street
Reading, MA 01867
Re: Violation - MGL Chapter 138, Section 34 - Sale to Minor
Dear Mr. Carp:
TOWN MANAGER
(781) 942-9043
Following a hearing held on July 5, 2011 by the Reading Board of Selectmen as licensing
authority, the Board made the following motions:
A motion by Schubert seconded by Goldy that the Board of Selectmen find Reading Fine
Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street, in violation of MGL
Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under
21 years of age on June 23, 2011 was approved by a vote of 3-0-0.
A motion by Goldy seconded by Schubert that Reading Fine Wines, LLC d/b/a The Wine
Shop of Reading, 676 Main Street be penalized with a three day suspension for violation
of MGL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a
person under 21 years of age on June 23, 2011 was approved by a vote of 3-0-0.
A motion by Schubert seconded by Goldy that the three day suspension for Reading Fine
Wines, LLC d/b/a The Wine Shop of Reading, 676 Main Street take place on July 18
through July-20, 2011; that. the license be surrendered to the.office of the Town Manager
not later than 9:00 a.m. the first day of the suspension, to be returned to the licensee by
9:00 a.m. the day following the suspension; and that a placard be placed on the premises
during the period of suspension indicating the business is "unable to sell liquor due to a
suspension of the liquor license for sale of liquor to an underage person" was approved
by a vote of 3--0-0.
Therefore, please surrender to this office no later than 9:00 a.m. on Monday, July 18, 2011, the
original of your liquor license. You may pick this license up at 9:00 a.m. on Thursday, July 21,
2011.
Please also be reminded of the requirement to place a placard in the window during the time
when the license has been revoked - i.e. starting at 9:00 a.m. on Monday, July 18 through 9:00
a.m. on Thursday, July 21, 2011. The placard must be placed in the entry window of the store
and readable to any pedestrian.
Thanks for your consideration of this matter.
SiRyrely, 1
r '
Pe er I. liechenbleikner
Town Manager
P I H/ps
cc: Chief Cormier
RCASA
ABCC
LEGAL NOTICE
Alleged Violation - M.G.L.
Chapter 138, §34 - Sale to
Minor
To the Inhabitants of the
Town of Reading:
. Please take notice that the
Board of Selectmen as the
Licensing Authority for the Town
of Reading will hold 'a public
-hearing on Tuesday, October
.16, 2012 at 7:30 p.m. in the
Selectmen's Meeting Room, 16
.Lowell Street, Reading,
Massachusetts to show cause
why Peter..J.. Donovan d1b/a
The Wine Bunker, 1 General
Way,.Retail Package Goods
Store. Licbnse to Expose, Keep
for Sale and to Sell All Finds of
-Alcoholic Beverages~.not to. be
Drunk on the Premises- should
not be modified, suspended or
revoked for violating .G.L...
Chapter 138, §34 on
September 26, 2012 to wit: the
sale or delivery of alcoholic
beverages to•a person under 21
years of age.
All interested parties may
appear in person, may submit
their comments in writing, or
may email comments to town-
managerC ci.reading.ma.us.
By order of
Peter 1. Hechenbleikner
Town Manager
1019
CONSTABLE'S RETURN OF SERVICE
Middlesex County, s.s.
Reading, MA
27 September 2012
I, this day served the below named documents in hand to Brett Barclift, Manager for The
Wine Bunker at 1 General Way, Reading, Massachusetts 01867.
Notice of Hearing - Original
Alleged Violation MGL Chapter 138, s34 - Sale to Minor
Reading Police Department Investigative Action Report dated 09/27/2012
Date of Service: 27 September 2012- at 3:21 pm
FEES:
Service: $20.00
Travel: incl.
Total: $20.00
,Z')Ala W. Ulrich
Constable & Disinterested Person
76R Woburn St.
Reading, MA 01867
Tel: (781) 944-0885
Cell: (781) 775-1824
°FRF9 Town of Reading
y t 16 Lowell Street
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
September 27, 2012
Brett Barclift
The Wine Bunker
1 General Way
Reading, MA 01867
Delivered in Hand
.NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Barclift:
TOWN MANAGER
(781) 942-9043
You are hereby notified that a public hearing will be held by the Board of
Selectmen as the Licensing Authority for the Town of Reading, on Tuesday, October 16,
2012 at 7:30 p.m. in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street,
Reading, MA, to show cause why your Retail Package Goods Store License to Expose,
Keep for Sale and to Sell All. Kinds of Alcoholic Beverages Not to be Drunk on the
Premises should not be modified, suspended or revoked for violating G.L. Chapter 138,
§34 on September 26, 2012 to wit: the ~ sale or delivery of alcoholic beverages to a
person under 21 years of age.
This public hearing will be held pursuant to the provisions of G.L. c.138, §64.
After the hearing, the Board of Selectmen may vote to suspend -or revoke your license if
it finds that there is satisfactory. proof that a violation has occurred.. You may appear on
your own behalf and/or with your legal counsel and present witnesses.
For your information and review, copies of police report(s) concerning the alleged
incident are enclosed herewith.
Si i rely, f
Peter 1. Hechenbleikner, Town Manager
Encl.
cc: Town Counsel
Chief James.Cormier
Alcoholic Beverages Control Commission
r
Page 1 of 5
o►
1
Cot%
v5. 5n
CASE#: D087676
org.case#:
Reading Police Department
Chief James Cormier
15 Union Street
Reading, MA 01867
(ph-) 781944-1212 (fax) 781944-2893
READING POLICE DEPARTMENT
INVESTIGATIVE ACTION REPORT
rpt date: 09/27/12 09:54
from date: to
ucr: 106 INVESTIGATION
.location: COMPLIANCE CHECKS
follow up by: NONE NEEDED
officer:
Change Status :
comp/vict notify: N
cir/involve type:
Solvability Factors CIR:
09/27/12 11:47
PAGE: .
reported: WEDNESDAY 09/26/12 17:00
case status: CLEARED NORMAL
rpt status: COMPLETE
review officer: 53 SGT DET SEGALLA
sup review officer:
complaint: INVEST. #115-12 - ABCC COMPLIANCE CHECKS
reporting officer: 54 DET. HOLMES assignment: C car:•54
second officer: 53 SGT DET SEGALLA sup/back-up:
NAMES
type mast# name/add phone dob ss#
INVL 080439 WINK SHOP OF READING, (781) 944-4521
676 MAIN READING MA 01867
INVL 129818 FURL^'`T-- nr+, t
INVL 129819 BRODEUR,DENNIS
INVL 129820 DANAHY,JAMES F
INVL 129822 THE WINE BUNKER,
1 GENERAL READING MA 01867
INVL 129823 SAM'S BISTRO,
107 MAIN READING MA 01867
PROPERTY
prop.type make mod/style color ser#/vin#
EVIDENCE^ rpt'd: 09/26/12 class: 02
t
. 1 \T _7 C1-L1:~.....1T.~.+.....~{•m.1 te1~'~ Z~" d 1,`-- 1
qL N
9/27/2012
Page 2 of 5
ALCOHOL BUD LIGHT BOTTLES
id/desc: '6 PACK BUD LIGHT BOTTLES value: $0 ncic:
reg 080439 - WINE SHOP OF READING
control bin analy
EVIDENCE rpt'd: 09/26/12 class: 02 -
ALCOHOL MOSCATO WHITE WINE
id/desc: 1 750ML BOTTLE OF WHITE WINE value: $0 ncic:
reg 129822 - THE WINE BUNKER
control bin analy
NARRATIVE
On Wednesday 9/26/12 I, along with Sgt. Segalla were working in the detective
unit in plain clothes and conducted liquor compliance checks of all the towns'
package stores, veterans clubs, and restaurants that are authorized to sell
liquor to their patrons.between the hours.of 5pm and 9pm.
For tonight's enforcement operation we used an underage operative that we have
used for other compliance checks before, who is & years old.
Copy of her MA driver's license is included with this file. Before conducting
the operation, 40MOIMwas advised of all the guidelines that must be followed
and she signed all relevant paperwork that outlined tonight's enforcement.
Signed copies are included-with this file.
Before we left the station, &VMNNMft was given a breathalyzer test by Officer
Amendola which resulted in a 0.0c reading. Further, as recommended in the
guidelines,=fir picture was taken by me both before beginning and upon
completion of the operation. .
was given $80 (4 $20 bills) in department funds to use in.attempts to
purchase alcoholic beverages during the operation. Copies of the funds are
included with this file as well.,
'was instructed to attempt to purchase a 6 pack of Bud Light bottles
when entering a package store or a 750ml bottle of wine if going into one of
the wine stores if she did not see Bud Light easily displayed. When conducting
the operation at the restaurants or bar she was instructed to attempt to
purchase a single Bud Light bottle. Her pocketbook remained inside our under
cover cruiser as she entered each establishment.
In some instances, such as with Meadow Brook Country Chub, the VFW hall, and
the American Legion she was not allowed entrance or asked for any
identification because she was not a member. Therefore she was unable to
attempt to purchase any alcoholic beverages from these establishments.
During the operation we drove 4101111Prto all 22 establishments in town as
listed below:
Meadow Brook CC at 292 Grove St
Mandarin Restaurant at 296 Salem St
Y9 46s
- -,')LO n L4--_.,, 011'710011
Page 3 of 5
Fuddruckers at 40 Walkers Brook Dr
Chili's at 70 Walkers Brook Dr
Romano's Macaroni Grill at 48 Walkers Brook Dr
Oye's at 26 Walkers Brook Dr
Bertucci's at 45 Walkers Brook Dr
Long Horn Steakhouse at 39 Walkers Brook Dr
The Wine Bunker at 1 General Way
Venetian Moon at 680 Main St
The Wine Shop at 676 Main St
Grumpy Doyle's at 530Main St
The American Legion Post at 37 Ash St
Veterans of Foreign Wars (VFW) at 575 Main St
•Ristorante Pavarotti at 601 Main St
Bangkok Spice at 76 Haven St
Square Liquors at 13 High St
CafA° Capri at 355 Main St
Busa Liquors at 345 Main St
Northside Liquors at-4150 Main St
R f
Sam's Bistro at 107 Main St
Knights of Columbus.Lodge at 11 Sanborn St
At or around 6:12pm ~ entered The Wine Bunker located at 1 General Way.
She was instructed to attempt-'to purchase a bottle of wine as we were unsure if
the establishment even carried any beer or more specifically, Bud Light. She
came out at or around 6:13pm with a single bottle of Moscato Italian white
wine. She paid $7.50 for the wine, receipt included with this file. The wine is
being held ad"3evidence.
GONNAM stayed in the cruiser a-ad Sgt. Segalla and I entered the
establishment. We identified ourselves'as. Reading Police Officers with our
police badges to the clerk working behind the only cashier's desk. He
identified himself with is Mass driver's license as James Danahy dob 3/28/88.
We informed him that he had just sold. alcohol to a minor, person under 21 years
old. He admitted to us that he did not ask her for any identification. I asked
Danahy if the owner is working and he said "no I'm the only one". We informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
At or around 6:28pm lblioop entered The Wine Shop located at 676 Main St. She
was instructed to attempt to purchase a 6 pack of Bud Light bottles. She exited
the establishment at or around 6:30pm and was carrying a brown bag which
contained a 6 pack of Bud Light bottles. She stated that she paid $6.49 for the
beer, receipt included with this file. The beer was taken as evidence.
I entered the establishment and identified myself as a Reading Police officer
with my badge to the clerk who was working behind the cash register. He
identified himself with his Mass driver's license as Dennis Brodeur dob 3/8/55.
/gbc0
- d ,_a__, N7'7P7n11
Page 4 of 5
I informed Brodeur that he had just sold alcohol to a minor, person under 21. I
asked him if he asked for the female's identification and he-said "no". I asked
him if the owner of the establishment was there and he stated "no". I informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
. Back in the cruiser, SNOWW stated that the male clerk at the wine
Shop engaged her in some conversation prior to and after the sale. We asked her
what was said and she stated that he asked ftftdipw if she had ever been at the
Bud factory? She started to reply that "they aren't even an American company"
and knowing that she was not to engage any of the clerks in any unnecessary
conversation stopped at this point. on her way but the door the male clerk
stated to her "hey I learned something new tonight, thanks". We asked her what
that meant and she stated that they had'a hard time printing a cash register
receipt. See attached written statement by mss, included with this file.
c.
At or around 7:01pm MOMW entered Sam's Bistro located at 107 Main
St. Shewas. instructed to-attempt to purchase a single Bud Light bottle at the
bar. If served, she Was to pay for it and immediately leave the establishment
and report directly to our cruiser which was parked directly in front of the
restaurant. 001 exited the restaurant at or around 7:03pm. She stated she
was served a single Bud Light Bottle with an accompanying cold glass and she
handed the bartender a $5 bill to pay for it. -We asked dONOW which bartender
served her and he said the older of the two females working the bar.
Sgt. Segalla and I entered the restaurant and proceeded to the bar on
the left side of the establishment. I asked both bartenders, two females, if
they could meet us at the far end of the bar. They both came over and we
identified ourselves as Reading Police Officers with our badges. We asked which
of the two just sold a Bud Light to a female and one of the two said she. did.
She was identified with her Mass driver's license as Denise Furlong dob
9/22/67. At this time another female walked over and stated she was the current
manager on duty. She identified herself as Linda Cunningham. We asked Denise if
she asked the female for identification and she stated "no". I informed Denise
that the girl was a minor, person under 21. She stated she was very sorry. We
informed them that they.should notify the owner as soon as possible and that
the ownep wou~.d receive notice for a hearing at a future date in front of the
Town licensing-authority.
Upon completion of the above operation we returned to the police
station. ONOW was given another breathalyzer test by me which resulted in a
reading of 0.0%. I also took her picture again as previously mentioned above.
She turned the rest of the money, $61:01 over to us that she did not use that
we gave her at the beginning of the'operation.
The other 20 above listed establishments asked ,for
identification and she was not able to purchase alcoholic beverages.
Solvability Factors -
Eliminated by Investigation:
`,T q b1
. - 1 11 1 - -1T A }itml 9/27/2012
Page 5 of 5
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite [ l
Performed by:
gen status:
Instigating officer's signature
Fingerprints [ 1 other [ l
Revi officer' Signature Dane
V
_,,,_-'____,r ---I dhrn,t 9/27/2012
3.2.7 - Enforcement
3.2.7.1 ,
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
I" Offense ~ Warning to three days suspension
2' Offense ~ Three days to six days suspension
3`d Offense Six days to 12 days suspension
4t° Offense Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CNM and/or Town of Reading local licensing regulations and any other law
or regulation .of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and/or suspending the licensee's entertainment license.)
q bg
3- 13 Board of Se men Policies
OFI? ,yc Town of Reading
- w 16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
Certified Mail #7011 0110 0000 7072 3329
September 27, 2012
Peter J. Donovan
35 Longmeadow Road
Arlington, MA 02474
NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Donovan:
TOWN MANAGER
(781) 942-9043
You are hereby notified that -a public hearing will be held by the Board of
Selectmen as the Licensing Authority for the Town of Reading, on Tuesday, October 16,
2012 at 7:30 p.m. in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street,
Reading, MA, to show cause why your Retail Package Goods Store License to Expose,
Keep: for Sale and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the
Premises should not be modified, suspended or revoked for violating G.L. Chapter 138,
§34 on September 26, 2012 to wit: the sale or delivery of alcoholic beverages"to a
person under 21 years of age.
This public hearing will be held pursuant to the provisions of G.L. c.138, §64.
After the hearing, the Board of Selectmen may vote to suspend or revoke your license if
it finds that there is satisfactory proof that a violation has occurred. You may appear on
your own behalf and/or with your legal counsel and present witnesses.
For your information and review, copies of police report(s) concerning the alleged
incident are enclosed herewith.
SiKerely,
Peter I. Heche&leikner, Town Manager
Encl.
cc: Town Counsel
Chief James Cormier
Alcoholic Beverages Control Commission
~F
qb 10
Page 1 of 5
Reading Police Department
' Chief James Cormier y
Y 15 Union Street
f~< Reading, MA 01867
}
¢J~'rArua (ph) 781944-1212 (fax) 781-944-2893
READING POLICE DEPARTMENT 09/27/12 11:47
v5.5n PAGE:
INVESTIGATIVE ACTION REPORT
CASE#: D087676
org.case#:.
rpt date: 09/27/12 09:54 reported: WEDNESDAY 09/26/12 17:00
from date: to
ucr: 106 INVESTIGATION
-location: COMPLIANCE CHECKS
follow up by: NONE NEEDED
officer:
Change Status:
comp/vict notify: N
cir/involve type:
Solvability Factors CIR:
case status: CLEARED NORMAL
rpt status: COMPLETE
review officer: 53 SGT DET SEGALLA
sup review officer:
complaint: INVEST. #115-12 - ABCC COMPLIANCE CHECKS
reporting officer: 54 DET. HOLMES assignment: C car:*54
second officer: 53 SGT DET SEGALLA sup/back-up:
NAMES
type mast# name/add phone dob ss#
INVL 080439 WINE. SHOP OF READING, (781) 944-4521
676 MAIN READING MA 01867
INVL 129818 FURLONG.nN.NTEF M
INVL 129819 BRODEUR,DENNIS
INVL 129820 DANAHY,JAMES F
INVL 129822 THE WINE BUNKER,
1 GENERAL READING MA 01867
INVL 129823 SAM'S BISTRO,
107 MAIN READING MA 01867
PROPERTY
prop.type make mod/style color ser#/vin#
EVIDENCE- rpt'd: 09/26/12 class: 02
0/77/9.012
Page 2 of 5
ALCOHOL BUD LIGHT BOTTLES'
id/desc: -6 PACK BUD LIGHT BOTTLES value: $0 ncic:
reg 080439 - WINE SHOP OF READING
control bin analy
EVIDENCE rpt'd: 09/26/12 class: 02
ALCOHOL MOSCATO WHITE WINE
id/desc: 1 750ML BOTTLE OF WHITE WINE value: $0 ncic:
reg 129822 - THE WINE BUNKER
control bin analy
NARRATIVE
On Wednesday 9/26/12 I, along with Sgt. Segalla were working in the detective
unit in plain clothes and conducted liquor compliance checks of all the towns'
package stores, veterans clubs, and restaurants that are authorized to sell
liquor to their patrons between the hours of 5pm and 9pm.
For tonight's enforcement operation we used an underage operative that we have
used for other compliance checks before, who is & years old.
Copy of her MA driver's license is included with this file. Before conducting
the operation, 400MOR was advised of all the guidelines that must be followed
and she signed all relevant paperwork that outlined tonight's enforcement.
Signed copies are included with this file.
Before we left the station, AUNNft was given a breathalyzer test by Officer
Amendola which resulted in a 0.0°s reading. Further, as recommended in the
guidelines, -19110MM=s picture was taken by me both before beginning and upon
completion of the operation.
was given.$80 (4 $20 bills) in department funds to use in.attempts to
purchase alcoholic beverages during the operation. Copies of the funds are
included with this file as well.
AMNMNM•was instructed to attempt to purchase a 6 pack of Bud Light bottles
when entering a package store or a 750ml bottle of wine if going into one of
the wine stores if she did not see Bud Light -easily displayed. When conducting
the operation at the restaurants or bar she was instructed to attempt to
purchase a single Bud Light bottle. Her pocketbook remained inside our under
cover cruiser as she entered each establishment. .
In some instances, such as with Meadow Brook country club, the VFW hall, and
the American Legion she was not allowed entrance or asked for any
identification because she was not a member. Therefore she was unable to
attempt to purchase any alcoholic beverages from these establishments.
During the operation we drove 4EMNINIPrto all 22 establishments in town as
listed below:
Meadow Brook CC at 292 Grove St
Mandarin Restaurant at 296 Salem St lot?
- _..1'14'0 A 1,+,..1 Q/')71')017
Page 3 of 5
Fuddruckers at 40 Walkers Brook Dr
Chili's at 70 Walkers Brook Dr
Romano's Macaroni Grill at 48 Walkers Brook Dr
oye's at 26 Walkers Brook Dr
Bertucci's at 45 Walkers Brook Dr
Long Horn Steakhouse at 39 Walkers Brook Dr
The Wine Bunker at 1 General Way
Venetian Moon at 680 Main St
The Wine Shop at 676 Main St
Grumpy Doyle's at 530Main St
The American Legion Post at 37 Ash St
Veterans of Foreign Wars (VFW) at 575 Main St
Ristorante Pavarotti at 601 Main St
Bangkok Spice at 76 Haven St
Square Liquors at 13 High St
CafA® Capri at 355 Main St
Busa Liquors at 345 Main St
Northside Liquor's at *150 Main St
R t
Sam's Bistro at 107 Main St
Ki}ights of Columbus Lodge at 11 Sanborn St
At or around 6:12pm 4NIMmIga entered The Wine Bunker located at 1 General Way.
She was instructed to attempt -to purchase a bottle of wine as we were unsure if
the establishment even carried any beer or more specifically, Bud Light. She
came out at or around 6:13pm with a single bottle of Moscato Italian white
"wine. She paid $7.50 for the wine, receipt included with this file. The wine is
being held ad"`evidence.
stayed in the cruiser and Sgt. Segalla and I entered the
establishment.. We identified ourselves as. Reading Police Officers with our
police badges to the clerk working behind the only cashier's desk. He
identified himself with is Mass driver's license as James Danahy dob 3/28/88.
We informed him that he had just sold alcohol to a minor, person under 21 years
old. He admitted to us that he did not ask her for any identification. I Asked
Danahy if the owner is working and he said "no,I'm the only one". We informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
At or around 6:28pm lamiloWn entered The Wine Shop located at 676 Main St. She
was instructed to attempt to purchase a 6 pack of Bud Light bottles. She exited
the establishment at or around 6:30pm and was carrying a brown bag which
contained a 6 pack of Bud Light bottles. She stated that she paid $6.49 for the
beer, receipt included with this file. The beer was taken as evidence.
I entered the establishment and identified myself as a Reading Police Officer
with my badge to the clerk who was working behind the cash register. He
,identified himself with his Mass driver's license as Dennis Brodeur dob 3/8/55. n
q1,13
Page 4 of 5
I informed Brodeur that he had just sold alcohol to a minor, person under 21. I
asked him if he asked for the females identification and he said "no". I asked
him if the owner of the establishment was there and he stated "no". I informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
Back in the cruiser, #WWANIW stated that the male clerk at the Wine
Shop engaged her in some conversation prior to and after the sale. We asked her
what was said and she stated that he asked 4100olipw if she had ever been at the
Bud factory? She started to reply that "they aren't even an American company"
and knowing that she was not to engage any of the clerks in any unnecessary
conversation stopped at this point. On her way out the door the male clerk
stated to her "hey I learned something new tonight, thanks". We asked her what
that meant and she stated that they had a hard time printing a cash register
receipt. See attached written statement by 4■INW*s, included with this file.
At or around 7:01pm ANMW entered Sam's Bistro located at 107 Main
St. She.was.instructed to.attempt to purchase a single Bud Light bottle at the
bar. If served; she was to pay for it and immediately leave the establishment
and report directly to our cruiser which was parked directly in front of the
restaurant. M6 exited the restaurant at or around 7:03pm. She stated she
was served a single Bud Light Bottle with an accompanying cold glass and she
handed the bartender a $5 bill to pay for it. We asked ANNNIM which bartender
served her and he said the older of the two females working the bar.
Sgt. Segalla and I entered the restaurant and proceeded to the bar on
the left side of the establishment. I asked both bartenders, two females, if
they could meet us at the far end of the bar. They both came over and we
identified ourselves as Reading Police Officers with our badges. We asked which
of the two just sold a Bud Light to a female and one of the two said she did.
She was identified with her Mass driver's license as Denise Furlong dob
9/22/67. At this time another female walked over and stated she was the current
manager on duty. She identified herself as Linda Cunningham. We asked Denise if
she asked the female for identification and she stated "no". I informed Denise
that the girl was a minor, person under 21. She stated she was very sorry. We
informed them that they should notify the owner as soon as possible and that
the ownex wou3,d receive notice for a hearing at a future date in front of the
Town licensing-authority.
Upon completion of the above operation we returned to the police
station. 4100M was given another breathalyzer test by me which resulted in a
reading of 0.0%. 2 also took her picture again as previously mentioned above.
She turned the rest of the money, $61.01 over to us that she did not use that
we gave her at the beginning of the operation.
The other 20 above listed establishments asked ~ for
identification and she was not able to purchase alcoholic beverages.
Solvability Factors -
Eliminated by Investigation:
I - 1 - _1T ___1 C __:.._..X'T'orv. r.~tmr ,-n+1•1r,5z A btml 9/27/2012
Page 5 of 5
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite ( ]
Performed by:
gen status:
Investigating Officer's Signature
71d
Fingerprints ( J other (
Revi ZOfficer' Signature Da e
% -11- _1-__ __\T - --I ,-f WIAR d html
qb 1s
9/27/2012
3.2.7 - Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
I" Offense 1 Warning to three days suspension
2' Offense Three days to six days suspension
3id Offense Six days to 12 days suspension
4`h Offense ( Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
Plumber of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's Common
Victualers license, and/or suspending the licensee's entertainment license.)
3-13
Board 0 lectnaen Policies
LEGAL NOTICE
Alleged Violation - M.G.L.
Chapter 13.8, §34 - Sale to
Minor
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of- Selectmen as the
Licensing Authority for the Town
of.Reading will hold a public
hearing on Tuesday, October
16, 2012 at 8:00 p.m. in the
Selectmen's Meeting Room, =16
Lowell Street, Reading,
Massachusetts to show cause
why-Bistro Concepts, Inc. d/b/a
Sam's Bistro, 107 Main Street,
Restaurant License to Expose,
Keep for Sale and to Sell All
Kinds of Alcoholic Beverages to
be Drunk on the Premises
should not be modified, sus-
pended or revoked for violating
G.L. -Chapter. 138; §34 on
September 26, 2012 to. wit: the
sale or delivery of• alcoholic
beverages to. a person under 21
years of age.
All interested parties may
appear in person, may submit
their comments in writing, or
may email comments to town-
manager@ ci.reading.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
1019
4 j
CONSTABLE'S RETURN OF SERVICE
Middlesex County, s.s.
Reading, MA
27 September 2012
I, this day served the below named documents in hand to Linda Cunningham, Manager
for Sam's Bistro at 107 Main Street, Reading, Massachusetts 01867.
Notice of Hearing - Original
Alleged Violation MGL Chapter 138, s34 - Sale to Minor
Reading Police Department Investigative Action Report dated 09/27/2012
Date of Service: 27 September 2012 at 3:26 pm
FEES:
Service: $20.00
Travel: incl.
Total: $20.00
Alafi W. Ulrich r
Constable & Disinterested Person
76R Woburn St.
Reading, MA 01867
Tel: (781) 944-0885
Cell: (781) 775-1824
G2
~~°FRF9o Town of Reading
y 16 Lowell Street
NCORQO~P° Reading, MA 01867-2685
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
September 27, 2012
Michael Palmer.
Sam's Bistro
107 Main Street
Reading, MA 01867
Delivered in Hand
NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Palmer:
TOWN MANAGER
(781) 942-9043
You are hereby notified that ' a public hearing will be held by the Board of
Selectmen as the Licensing Authority for the Town of Reading, on Tuesday, October 16;
2012 at 8:00 P.M. inv the Selectmen's Meeting Room, Town Hall, 16 Lowell.-Street,
Reading, MA, to show cause why your Restaurant License to Expose, Keep for-Sale and
to 'Seai All Kinds of Alcoholic Beverages to be Drunk on the Premises should not be
modified, suspended or revoked for violating G:L. Chapter 138, §34 on September 26,
2012 to wit: the sale or delivery of alcoholic beverages to a person under 21 years of
age.
This public hearing will be held pursuant to the provisions of G.L. c.138, '§64.
After the- hearing, the Board of Selectmen may vote to suspend or revoke your license if
it finds that there is satisfactory proof that a violation has occurred. You may appear on
your own behalf and/or with your legal counsel and present witnesses.
For your information and review, copies of police report(s) concerning the alleged
incident are enclosed herewith.
Si erely, '
Peter I. Hechenbleikner, Town Manager
Encl.
cc: Town Counsel
Chief James Cormier
Alcoholic Beverages Control Commission
y c,3
Page 1 of 5
a Reading Police Department
Chief James Cormier s
~ y
15 Union Street
J R` y ~ ` Fa fi' Reading, MA 01867
(ph) 781-944-1212 (fax) 781-944-2893
READING POLICE DEPARTMENT 09/27/12 11:47
v5.5n PAGE:
INVESTIGATIVE ACTION REPORT
CASE#: D087676
org. case## :
rpt date: 09/27/12 09:54
from date: to
ucr: 106 INVESTIGATION
.location: COMPLIANCE CHECKS
follow up by: NONE NEEDED
officer:
Change Status:
comp/vict notify: N
cir/involve type:
Solvability Factors CIR:
reported: WEDNESDAY 09/26/12 17:00
case status: CLEARED NORMAL
rpt status: COMPLETE -
review officer: 53 SGT DET SEGALLA
sup review officer:
complaint: INVEST. #115-12 - ABCC COMPLIANCE CHECKS
reporting officer: 54 DET. HOLMES assignment: C car:*54
second officer: 53 SGT DET SEGALLA. sup/back-up:
NAMES
type mast# name/add phone dob ss#
INVL 080439 WINE SHOP OF READING, (781) 944-4521
676 MAIN READING MA 01867
INVL 129818 FURLONG,DENISE M
INVL 129819 BRODEUR,DENNIS
INVL 129820 DANAHY,JAMES F
INVL 129822 THE WINE BUNKER,
1 GENERAL READING MA 01867
INVL 129823 SAM'S BISTRO,
107 MAIN READING MA 01867
PROPERTY
prop.type make mod/style color ser#/vin#
EVIDENCE rpt'd: 09/26/12 class: 02
,-*,+i 149 a t,,,,,t (!~9/9_7/2012
Page 2 of 5
ALCOHOL BUD LIGHT BOTTLES
id/desc: •6 PACK BUD LIGHT BOTTLES value: $0 ncic:
reg 080439 - WINE SHOP OF READING
control bin analy
EVIDENCE rpt'd: 09/26/12 class: 02
ALCOHOL MOSCATO WHITE WINE
id/desc: 1 750ML BOTTLE OF WHITE WINE value: $0 ncic:
reg 129822 - THE WINE BUNKER
control bin 4: analy
NARRATIVE
On Wednesday 9/26/12 I, along with Sgt. Segalla were working in the detective
unit in plain clothes and conducted liquor compliance checks of all the towns'
package stores, veterans clubs, and restaurants that are authorized to sell
liquor to their patrons between the hours of Spm and 9pm.
For tonight's enforcement operation we used an underage operative that we have
used for other compliance checks before, who is + years old.
Copy of her MA drivers license is included with this file. Before conducting
the operation, 400MIM" was advised of all the guidelines that must be followed
and she signed all relevant paperwork that outlined tonight's enforcement.
Signed copies are included with this file.
Before we left the station, AINNOft was given a breathalyzer test by officer
Amendola which resulted in a 0.0°s•reading. Further, as recommended in the
guidelinesicture was taken by me both before beginning and upon
completion of the operation...
was given $80 (4 $20 bills) in department funds to use in attempts to
purchase alcoholic beverages during the operation. Copies of the funds are
included with this file as well.
•was instructed to attempt to purchase a 6 pack of Bud Light bottles
when entering a package store or a 750ml bottle of wine if going into one of
the wine stores if she did not see Bud Light-easily displayed. When conducting
the operation at the restaurants or bar she was instructed to attempt to
purchase a single Bud Light bottle. Her pocketbook remained inside our under
cover cruiser as she entered each establishment. .
In some instances, such as with Meadow Brook. Country Club, the VFW hall, and
the American Legion she was not allowed entrance or asked for any
identification because she was not a member. Therefore she was unable to
attempt to purchase any alcoholic beverages from these establishments.
During the operation we drove 4§11111PWo all 22 establishments in town as
listed below:
Meadow Brook CC at 292 Grove St
Mandarin Restaurant at 296 Salem St
C"s,
( . LY -1')LO A 1,,._ 1 oi)'711010
Page 3 of 5
Fuddruckers at 40 Walkers Brook Dr
Chili's at 70 Walkers Brook Dr
Romano's Macaroni Grill at 48 Walkers Brook Dr
s
oye's at 26 Walkers Brook Dr
Bertucci's at 45 Walkers Brook Dr
Long Horn Steakhouse at 39 Walkers Brook Dr
The Wine Bunker at 1 General Way
Venetian Moon at 680 Main St
The Wine Shop at 676 Main St
Grumpy Doyle's at 530Main St
The American Legion Post at 37 Ash St
Veterans of Foreign Wars (VFW) at 575 Main St
Ristorante Pavarotti at 601 Main St
Bangkok Spice at 76 Haven St
Square Liquors at 13 High St
CafAa Capri at 355 Main St
Busa Liquors at 345 Main St
Northside Liquors at-4-150 Main St
Sam's Bistro at 107 Main St
Knights of Columbus Lodge at 11 Sanborn St
At or around 6:12pm 40601ge entered The Wine Bunker located at 1 General Way.
She was instructed to attempt-'to purchase a bottle of wine as we were unsure if
the establishment even carried any beer or more specifically, Bud Light. She
came out at or around 6:13pm with a single bottle of Moscato Italian white
-wine. She paid $7.50 for the wine, receipt included with this file. The wine is
being held as'ievidence.
dNNNW stayed in the cruiser and Sgt. Segalla and I entered the
establishment. We identified ourselves as Reading Police officers with our
police badges to the clerk working behind the only,cashier's desk. He
identified himself with is Mass driver'-s license as James Danahy dob 3/28/88.
We informed him that he had just sold alcohol to a minor, person under 21 years
old. He admitted to us that he did not ask her for any identification. I:asked
Danahy if the owner is working and he said "no I'm the only one". We informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
At or around 6:28pm Noniglon entered The Wine Shop located at 676 Main St. She
was instructed to attempt to purchase a 6 pack of Bud Light bottles. She exited
the establishment at or around 6:30pm and was carrying a brown bag which
contained a 6 pack of Bud Light bottles. She stated that she paid $6.49 for the
beer, receipt included with this file. The beer was taken as evidence.
I entered the establishment and identified myself as a Reading Police Officer
with my badge to the clerk who was working behind the cash register. He
identified himself with his Mass driver's license as Dennis Brodeur dob 3/8/55.
LJ C,
- 1140 .t t +Y t 0/77/7(117
Page 4 of 5
I informed Brodeur that he had just sold alcohol to a minor, person under 21. I
asked him if he asked for the female's identification and he said "no". I asked
him if the owner of the establishment was there and he stated "no". I informed
him that he should notify the owner as soon as possible and that the owner
would receive notice for a hearing at a future date in front of the Town
licensing authority.
Back in the cruiser, 406011W stated that the male clerk at the Wine
Shop engaged her in some conversation prior to and after the sale. We asked her
what was said and she stated that he asked 4000" if she had ever been at the
Bud factory? She started to reply that "they aren't even an American company"
and knowing that she was not to engage any of the clerks in any unnecessary
conversation stopped at this point. On her way out the door the male clerk
stated to her "hey I learned something new tonight, thanks". We asked her what
that meant and she stated that they had a hard time printing a cash register
receipt. See attached written statement by 401*mb", included with this file.
At or around 7:01pm ANOW entered Sam's Bistro located at 107 Main
St. She.was.instructed to.attempt to purchase a single Bud Light bottle at the
bar. If served, she was to pay for it and immediately leave the establishment
and report directly to our cruiser which was parked directly in front of the
restaurant. MON exited the restaurant at or around 7:03pm. She stated she
was served a single Bud Light Bottle with an accompanying cold glass and she
handed the bartender a $5 bill to pay for it. -We asked ilr which bartender
served her and he said the older of the two females working the bar.
Sgt. Segalla and I entered the restaurant and proceeded to the bar on
the left side of the establishment. I asked both bartenders, two females, if
they could meet us at the far end of the bar. They both came over and we
identified ourselves as Reading Police Officers with our badges. We asked which
of the two just sold a Bud Light to a female and one of the two said she did.
She was identified with her Mass driver's license as Denise Furlong dob
9/22/67. At this time another female walked over and stated she was the current
manager on duty. She identified herself as Linda Cunningham. We asked Denise if
she asked the female for identification and she stated "no". I informed Denise
that the girl was a minor, person under 21. She stated she was very sorry. We
informed them that they.should notify the owner as soon as possible and that
the owner. wouJ.d receive notice for a hearing at a future date in front of the
Town licensing-authority-
Upon completion of the above operation we returned to the police
station. qJNJNW was given another breathalyzer test by me which resulted in a
reading of 0.-Oo. I also took her picture again as previously mentioned above.
She turned the rest of the money, $61.01 over to us that she did not use that
we gave her at the beginning of the operation.
The other 20 above listed establishments asked ~ for
identification and she was not able to purchase alcoholic beverages.
Solvability Factors -
Eliminated by Investigation:
• . • » t . _\T ---I O..a+: ~,~n\Tomr,\tmr rnt~ ~FiQ d }ltml 9/9-7/2012
Page 5 of 5
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite [ ] Fingerprints [ ] other [ ]
Performed by:
gen status:
Instigating Officer's Signature Revi Officer, Signature Date
AL
r ~
- - --,1 Cnttincsc\Tmmn\tmn mt1'16R 4.htm] 9/27/2012
3.2.7 - Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and/or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense Penaltv
I" Offense ~ Warning to three days suspension
+ 2' Offense Three days to six days suspension
3rd Offense + Six days to 12 days suspension
4`' Offense Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law,* Chapter
138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's -Common
Victualers license, and/or suspending the licensee's entertainment license.)
3-13
yc
Board of Selectmen Policies
Town of Reading
16 Lowell Street
Reading, MA 01867
Fax: (781) 942-9037
Website: www.readinuma.Lov
DATE: October 11, 2012
TO: Board of Selectmen
Finance Department
Human Resources Division
(781) 942-9033
FROM: Carol Roberts, Human Resources Administrator
RE: Meeting on October 16, 2012
Richard Kobayashi, Senior Associate at the Edward J. Collins Center for Public
Management, will be attending the Board of Selectmen meeting on October 16, 2012. 1
did tell him that two of the topics the Board wants to discuss are the Profile and the
make-up of the Screening Committee.
The funding of the contract with the Edward J. Collins Center for Public
Management also needs to be discussed. At this time there is an amendment to the
current'year's budget to add $15,000 to the Human Resources expense line for Town
Meeting approval in November. That includes $14,000 for the contract with the Collins
Center and $1,000 for candidates' expenses, advertising and background checks.
plc .
V, QA P-\
7-
Policv establishinq an ad hoc Town Manaqer Screeninq Committee
There is hereby created an ad hoc Town Manager Screening Committee. The Screening Committee
shall consist of U members appointed by the Board of Selectmen for terms expiring June 1.
2013 or such earlier date that the committee may have completed its work. The Board of Selectmen
shall select the chairman of the Committee.
In selecting the membership, the Board of Selectmen shall attempt to fill the membership as follows:
♦
member(s) of the Board of Selectmen
♦
member(s) appointed by the
♦
member(s) appointed by the
♦
member(s) appointed by the
♦
member(s) of the appointed by the
♦
member(s) of the appointed by the
♦
member(s) of the appointed by the
The mission of the Screening Committee is to work with the Human Resources Administrator to
generate high quality applications for the position of Town Manager and to provide a
recommendation to the Board of Selectmen on the most qualified person(s) for the position. In
doing its work, the Screening Committee shall:
♦ Review the Reading Home Rule Charter relative to the position of the Town Manager
♦ Review and be familiar with the Candidate Profile for the position of the Town Manager as
approved by the Board of Selectmen
♦ Review the advertising and recruitment plan for the position
♦ Approve a schedule so that a new Town Manager can begin work on or about May 15, 2013
♦ Develop screening criteria for applicants
♦ Screen initial applicants;
♦ Narrow the field to a number that the Screening Committee can reasonably interview
♦ Develop an interviewing process for candidates
♦ Interview candidates,
♦ Select finalists to be recommended to the Board of Selectmen for their interview and
selection
In conducting its work, the Screening Committee will be bound by all of the rules and regulations of
the Town of Reading and the Commonwealth of Massachusetts, including but not limited to the
Open Meeting Law. The Human Resources Administrator will provide staff support to the Screening
Committee. The Screening Committee will work with and rely on the services of any consultant hired
by the Board of Selectmen to assist in the process.
Adopted 10-23-12
kti h~ NIA 0.
EDWARD J. OLLINS, JR. CENTER FOR PUBLIC MANAGEMENT E'' i =
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BOSTON ER--..-,ITY ~,C}~I1..Sc1i f,t;S"(~ON I ~b.ilr_;Y -,!a' N
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PROFESSIONAL SERVICE AGREEMENT
Town of Reading
This Professional Service Agreement ("Agreement") is made as of this day of 2012 ("Effective Date")
between the Town of Reading, 16 Lowell Street, Reading, MA 01867, ("Town"), and the University of Massachusetts
("UMass Boston"), represented by its Edward J. Collins, Jr. Center for Public Management ("Center"), having an
address of 100 Morrissey Blvd, Boston, MA 02125-3393 ("the Parties").
The Center has technical expertise, resources, and capacity available to it, and the Town wishes to engage the Center
to provide the Town with technical services. UMass Boston has determined that the proposed services to be provided
are consistent with its research, economic development, educational, and public service missions.
Therefore, the Parties hereto mutually agree as follows:
1. Professional Services. The Center agrees to provide the professional services described in Exhibit A, which is
attached hereto and incorporated herein by reference ("Services"). Trained personnel or sub-consultants of the Center
shall render the Professional Services.
2. Term. The Center will use reasonable efforts to provide the Professional Services during the period from the date
of this Agreement until June 30, 2013. Unless the parties agree to extend the term in writing, this Agreement shall
expire at the end of the term or upon the completion of the Professional Services, whichever shall first occur.
3. Confidentiality. To the extent allowed by law (MGL Chapter 66A), the Center agrees that any data provided to it
by the Town in order to complete the Services ("Data") are the confidential information of Town. The Center agrees
to hold these in confidence and to use them solely for the purpose of rendering the Services and not for any research,
academic, educational, or other purpose.
4. Payments. The Town agrees to pay to UMass Boston a sum of $7,000 for the performance of Tasks 1 and 2 in the
scope. If the Town directs the Center to perform Tasks 3 and 4, the Town agrees to pay the Center an additional
$7,000. This cost shall include all Center staff time and overhead. In addition, the Town agrees to reimburse UINIass
Boston for reasonable out of pocket and administrative expenses incurred in carrying out the scope. The Town
agrees to make payments upon receipt of invoices. The Center reserves the right to discontinue work if the Town fails
to pay invoices within forty-five days of receipt. Payments shall be made to "University of Massachusetts Boston" and
shall be sent to:
University of Massachusetts Boston
Edward J. Collins Jr. Center for Public Management
100 Morrissey Blvd.
Boston, MA 02125-3393
Attn: Stephen McGoldrick
5. Warranty Disclaimer. The Center shall perform the Services in a professional and workmanlike manner. The Center
shall endeavor to perform the Sera=ices within the schedule set forth herein, but is not liable for failure to meet the
schedule. The foregoing warranties are in lieu of all other warranties, express, implied or statutory, including without
limitation any implied or express warranties of merchantability, fitness for a particular purpose, or non-infringement
of a patent or other intellectual property right.
6. Limitation of Liability. In no event shall UMass Boston be`liable for any loss of profits, loss of use, loss of data,
cost of cover, indirect, special, exemplary, punitive, incidental or consequential damages of any kind in connection
with or arising out of this Agreement or the Services, even if UMass Boston has been advised of the possibility of
those damages. Notwithstanding the foregoing, in no event shall its liability arising out of this Agreement or relating
to the Services exceed the amounts actually paid.
7. Use of Names. The Town agrees that it will not utilize the name or seal of the University in any advertising
promotional material or publicity, without the express written consent of UMass Boston. Reciprocally, UMass Boston
will not utilize the name or corporate seal of the Town in any advertising promotional material or publicity, without
the express written consent of the Town.
8. Termination. This Agreement may be terminated by either of the Parties upon thirty (30) days written notice of
termination to the other. If either of the Parties defaults in the performance of any of its material obligations under
this Agreement, then the non-defaulting party may give written notice of the default to the defaulting party. Unless the
default is corrected within thirty (30) days after the notice, the notifying party- may terminate this Agreement
immediately upon written notice. Upon termination of this Agreement by either party, UMass Boston will be
reimbursed for all costs and non-cancelable commitments incurred in performance of the Professional Services prior
to the date of termination in any amount not to exceed the total commitment set forth in Section 4 of this Agreement.
Provided, however, that if professional services are not complete, then UMass Boston will return any pro rata share of
payment to the Town not otherwise expended, to the extent permissible.
9. Survival. The obligations of the parties under Sections 3, 4, 5, 6, 7, 8, and 9 survive termination of this Agreement
10. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute the Center or
UMass Boston as a partner, joint venture, employee, or agent of the Town, nor shall either party have the authority- to
bind the other in any respect, it being intended that each shall remain responsible for its own actions.
11. Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard
to any choice of law rules. The Parties agree to exclusive jurisdiction and venue in the Massachusetts Superior Court
in Suffolk County.
12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the
Services, supersedes all prior oral and written agreements with respect to the subject matter, and can be modified only
by a written instrument signed by both of the Parties which references this Agreement.
UMass Boston and the Town have caused this Agreement to be executed by their duly authorized representatives as
of the Effective Date.
Town
UMass Bost
cari
BY:
NAME: BY:
Stephen McGoldrick , Deputy Director
TITLE:
BY:
Ellen O'Connor, Vice Chancellor for A & F
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READING POLICE DEPARTMENT
OFFICE OF THE CHEEF
°IN�R?O�C� - - - -- -
15 Union Street, Reading, Massachusetts 01867
Jam& TIC Cormier Emergency Only: 911 All Other Calls: 781 - 944 -1212 Fax: 781- 944 -2893
Chief of Police E -Mail: JCormier @ci.reading.ma.us
LIQUOR COMPLIANCE CHECK GUIDELINES
These guidelines are intended to provide the basic framework, which will be used
when conducting underage liquor compliance checks on licensed premises.
1) Notification through the local media that the Town of Reading will continue
to monitor licensed establishments by conducting periodic compliance
checks.
2) The underage person taking part in the sting should reasonably look their
age. Efforts to make them appear older should be avoided.
3) A photo of underage person should be taken and attached to the
information requested in #6.
4) The underage person should not be carrying any identification when taking
part in the sting.
5) The underage person should not carry any money with them other than that
given by the Town of Reading Detective or Police Officer supervising them.
6) The underage person shall sign a release form prior the starting
participation in this program. The underage person and the Town of
Reading Detective or Police Officer or any other law enforcement officer
should also sign and date a copy of these guidelines.
7) Unless circumstances warrant, the underage person shall be given a B.A.0
test at the beginning and at the conclusion of the investigation. They should
be informed of this prior to beginning the investigation.
8) The underage person shall enter the licensed premises under observation
by a Town of Reading Detective or Police Officer and/or a law enforcement
officer.
9) The underage person shall attempt to purchase an alcoholic beverage.
They should attempt to purchase the same alcoholic berverage at each
location.
10) At no time shall the underage person attempt to misrepresent their age or
provide any identification.
11) If asked for identification, the underage person should leave the
establishment.
12) If served at any on- premise establishment, the underage person shall
remain on the licensed premises for a period of time instructed by the Town
of Reading Detective or Police Officer. They should then exit the licenses
premises leaving the alcoholic beverage. If served at an off - premises
establishment, the underage person shall carry the alcoholic beverage out
to the Town of Reading Detective or Police Officer and /or law enforcement
officer.
13) At no time, under any circumstances, shall the underage person consume
any alcoholic beverage.
14) The safety and welfare of all underage participants will be of the utmost
importance to the Town of Reading Detective or Police Officer and law
enforcement personnel. Underage persons shall not be exposed to any
unusual, unnecessary or unreasonable risk.
15) The underage person will not wear, exhibit or carry any Town of Reading or
law enforcement identification or falsely represent themselves as an
employee of the Reading Police Department or any other law enforcement
unit while participating in this program. They shall not under any
circumstances carry a weapon.
16) Town of Reading Detective or Police Officers and law enforcement
personnel should only enter the premises to observe on an as needed basis
when circumstances warrant.
17) A Reading Police Officer will enter the licensed premises after the sting, and
notify the manager on du id com lianc
UNDERAGE OPERATIVE:
Date:��
J
LAW ENFORCEMENT OFFICER
Date:
NOVEMBER 2007
\� V° READDVG POLICE DEPARTViENT
OFFICE OF THE CHIEF
15 Union. Street, Reading, Massachusetts 01867
Jamee W. Cornuer Emergency Only: 911 All Other Calls: 781 -944 -1212 Fax: 781 -944 -2893
Chef of Pout 1<Mad: JCormierCci. reading. ma. us
UNDERAGE OPERATIVE ALCOHOL
ENFORCEMENT RELEASE FORM
Town of: Reading, Massachusetts
Name:
Address:
Date of Birth:
Age:
do hereby release and discharge the Town of Reading, Massachusetts, its agents
and insurers, from all claims, demands, damages, actions, causer of actions, or
suits, at law or in equity, or whatsoever kind or nature, on account of any injury of
damage to my person or property resulting from or arising out of my participation in
any activity involving the Town of Reading: I understand that this release includes,
but Is not limited to, property damage, bodily injury, medical costs and expenses
and lost wages.
In Witness whereof, I have Hereunto set my signature this:
D OAI� Day of '�r< P --,Ln b 2008 D-01
Signature:
Underage Operative Name and Date of Birth verified by: d'
Witness to Underage Operative Signature:
Date: Time: ��