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HomeMy WebLinkAbout2012-10-16 Board of Selectmen PacketDRAFT 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 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 J. 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 J. 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 J. 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 J. 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 J. 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 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 3.4 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. hwri nrux;r>r RF.Af)LN-G oI, CL I PPt.wr .I,,1 f F FICF, OF THE CHIEF 6vq lNi. C~RYEiYw )5 1!nmr 5treec, Kea<lin;. 'la:, aciiua<;°cs Jafyms W Coriniet ?mar~7rnc•V On1V:'ili All Othc, i.all.>::'8.)-9-14-12?N Fax: 78?,9+1-2693 Clru!'.fAn"" Mad: ,.I(arrrrii,rtw<i.rraa3'rn~.rn;;.ix 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_1 yip ~r~~9 _ A ' E DEPARTMENT 0 TIC- TIM,' CHIEF d T `1, n;3 feet, Reaf'unb, lassachusetis 01867 / rPe~Ee mer encf: rl~: 9i' :11 Other v' a1':s: 751-944-1212 Fax: 781-944-2893 efezm dJ Gb.1 b E7 oliep 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, S34, 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 lard VO)56ins Chief of Police Sam's Bistro 107 Main Street Reading, MA 01867 Page 1 of 5 off Reading Police Department , ~ Chief James Cormier 15 Union Street N o Readin MA 01867 f g, fwcOA (ph) 781-944-1212 (fax) 781-944-2893 READING POLICE DEPARTMENT v5.5n 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: A0641 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 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 file://C:\Documents and Settings\dholmes\Local Settings\Temp\tmp_rpt1368_4.html T 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, 400now 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, A10110ft 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. NNW 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. 4101100 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 4NMINPOWto all 22 establishments in town as listed below: Meadow Brook CC at 292 Grove St Mandarin Restaurant at 296 Salem St y-q file://C:\Documents and Settings\dholmesTocal Settings\Temp\tmp_rpt1368_4.htm1 9/27/2012 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 4NOWsift 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. 4JOINOW 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 folillIp 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. file://CADocuments and Settings\dholmesTocal Settings\Temp\tmp_rptl368_4.htm1 9/27/2012 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, 40800JW 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 40000" 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 40001IMi, included with this file. At or around 7:01pm MOW 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 AUNIOWwhich 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 doh 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 would 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. loom 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: NSW file://C:\Documents and Settings\dholmes\Local Settings\Temp\tmp_rptl358_4.htm1 9/27/2012 Page 5 of 5 Developed by Investigation: Remaining for Investigation: Additional Evidence/Tech Work - Photographs [ ] Composite [ Performed by: gen status: 5-Y Instigating Officer's Signature 7A) ] Fingerprints [ ] Other [ ] Revi f Da e qr-7 file://C:\Documents and Settings\dholmes\Local Settings\Temp\tmp_rpt1368_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 2"d Offense Three days to six days suspension 3id Offense Six days to 12 days suspension 4tt' 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.) q,g 3 - 13 Board of Selectmen Policies 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, 201.2 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 1. Hechenbleikner Town Manager 10/9 Lj 0 t 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 ,ter . ~ J AlanW. Ulrich _ Constable & Disinterested Person 76R Woburn St. Reading, MA 01867 Tel: (781) 944-0885 Cell: (781) 775-1824 ~°7i OFREq~fy Town of Reading 16 Lowell Street Reading, MA 01867-2685 0,63g. IN ORV" 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 NOTICE OF HEARING Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor Dear Mr. Carp: 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 7:00 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. S` c rely, T u peter I. Hechenbleikner, Encl. cc: Town Counsel Chief James- Cormier Alcoholic Beverages Control Commission Town Manager Page 1 of 5 Reading Police Department a arc Chief James Cormier 15 Union Street Reading, MA 01867 ¢~~'`hcu~s (ph) 7$1944-1212 (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 ser#/vin# - EVIDENCE rpt'd: 09/26/12 class: 02 Lj .a n,,aa QPftinac\Temn\tmn mt1368 4.html 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, 411NOWwas 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, 40000ft 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 4111111PWo all 22 establishments in town as listed below: Meadow Brook CC at 292 Grove St Mandarin Restaurant at 296 Salem St 0, - - a o dal ,i.Y.aR1T ,.mot Qatt;nrrelTvmn\tmn mtl IAR 4 html 9/97/9 AI 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 s At or around 6:12pm 40ftmfto 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 Mmiggon 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. "b ~Lw rn41IAR d }\tn,l 9/770017 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, wINNiW 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 4MON"m 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 mow, included with this file. At or around 7:01pm &NEW 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. OWNWOW 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 4§510Wwhich 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 woul, 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. I§MlW 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: el_ q,r,;7 ~a•//(`•\Tlnriimantc and CPftinffc\d1in1meq\T,oca1 SettingsUemDVmn mt1368 4.htm1 9/27/2012 Page 5 of 5 Developed by Investigation: Remaining for Investigation: Additional Evidence/Tech Work - Photographs [ 1 Composite Performed by: gen status: 1 Fingerprints [ 1 Other [ 1 Instigating officer's Signature Revi Officer' Signature Da e file //C..-Mneuments and Settings\dholmes\Local Settings\Temp\tmp rpt1368 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 1" Offense ~ Warning to three days suspension 2' Offense Three days to six days suspension 3' 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 t 4zR Board of Selectmen Policies OFRTown of Reading y 1 16 Lowell Street Reading, MA 01867-2685 s~9lNCORPO~P~ FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 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: 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 'rhe Wine Shop of Reading, 676 Main Street take place on July l8 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. 46'(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. Si erely, i • r r Pe er I. I leclhenbleikner Town Manager P I H/ps cc: Chief Cormier RCASA ABCC J~ mil 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 d/b/a the Wine Bunker, 1 General Way, 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... Ghapter 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 1. Hechenbleikner Town Manager 10/9 t' b 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 AI2rich Constable & Disinterested Person 76R Woburn St. Reading, MA 01867 Tel: (781) 944-0885 Cell: (781) 775-1824 ~2 ~o~NOFRFgOlyc Town of Reading (~.3a 16 Lowell Street :1 coRe~~ Reading, MA 01867-2685 rroJ6~wa FAX: (781) 942-9071 Email: townmanager@ci.reading,ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 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: 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 I i 4A ; Peter I. Hechenbieikner, Town Manager Encl. cc: Town Counsel Chief James. Cormier Alcoholic Beverages Control Commission 63 Page 1 of 5 c J Z ~ ~ ti r ra. f~~'rvcoP v5. 5n Reading Police Department Chief James Cormier 15 Union Street Reading, NIA 01867 (ph) 781-944-1212 (fax) 781.944-2893 READING POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT t 09/27/12 11:47 PAGE: 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 FURL•n*T^ TTTTT t,r, - 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 l i / .-rl Qatt;nrTe\rlhnlmPe\T.nnal Cettinos\Temn\tmn rntl368 4.html 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, W who is 4& years old. Copy of her MA driver's license is included with this file. Before conducting the operation, 400NOW 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, A"Noft was given a breathalyzer test by officer Amendola which resulted in a 0.0% reading. Further, as recommended in the guidelines,491110knkw 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 40110ffMWo all 22 establishments in town as listed below: Meadow Brook CC at 292 Grove St Mandarin Restaurant at 296 Salem St qo, mtl1r%R A lItm] 9/27/2012 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 CafA° Capri at 355 Main St Busa Liquors at 345 Main St Northside Liquors at4150 Main St Sam's Bistro at 107 Main St Knights of Columbus.Lodge at 11 Sanborn St At or around 6:12pm 40ftm~W 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 dg''=evidence. dIONFIft 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 Manigop 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. ~b(0 --_1 cti_u:~ 1 7L 1 \T ,....,I Cof+:n~ro~Tamr>>tmn rnfl IA52 A hlml Qn7/7nl') 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, 4000111W 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 40MMN*w 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 GONNOW, included with this file. At or around 7:01pm AMM 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. dMiln 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 MAIM* 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 owned woui.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. qJNNW 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: rl- J-. l...ur.~~l,.,.,,,,, ca„}~. ,,,rl .CPftintrc\rIhnlmPC\T .Heal Rettin ~S~TemD~tmD rDt1368 4.html 9/27/2012 Page 5 of 5 Developed by Investigation: Remaining for Investigation: Additional Evidence/Tech Work - Photographs [ l Composite [ Performed by: gen status: Instigating Officer's Signature 71d '71/o I Fingerprints [ l Other [ l Revi OfficVrI atu re Dade el,..4._-t , q f+la•~~f'•\Tln~,manrc aniiCPttinQC\rlholmes\T,ocal SettinLs\TemD\tmD rUt1368 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 I" Offense ~ Warning to three days suspension 2"a Offense Three days to six days suspension 3`d 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 q bg Board of Selectmen Policies °FRe Town of Reading 16 Lowell Street ~.a Y~~~n 61: - ^b r ~ 0639 rN~ 4Y~~P~° 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. Si erely, Peter I. Hecheribleikner, Town Manager Encl. cc: Town Counsel Chief James Cormier Alcoholic Beverages Control Commission Yb 16) Page 1 of 5 Beading Notice Department ~c Chief James Cormier 15 Union Street ffi Reading, MA 01867 ¢J~; `NG°~ (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 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 FURLONr;-nRNTSR 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 q6ti r1--1i/~.%T_%_..•.., --A C'a+t;nrre\rl}n1mPC~T.nr.al CP.ffinuClTemn\tmD mt1368 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, 4100MON 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, 40000ft was given a breathalyzer test by officer Amendola which resulted in a 0.0% reading. Further, as recommended in the guidelines, -111RONow 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 4ammopoto all 22 establishments in town as listed below: Meadow Brook CC at 292 Grove St Mandarin Restaurant at 296 Salem St L t 1`L CPtf1Y1cY0TPmn\tmn mt7~(1R 4-html 9/27/2012 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 CafA° Capri at 355 Main St Busa Liquors at 345 Main St Northside Liquors at X150 Main St S Sam's Bistro at 107 Main St K-Aights of Columbus Lodge at 11 Sanborn St At or around 6:12pm 401&MJW 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. 4dEftft 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 101idlWo 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. ` %T'- -_a --1 CPttlrirYc\TPmn\tmn mtl, 1(R 4 html 9/27/2012 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, 4N6N1iW 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 OWN&" 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 4NOWAftm, included with this file. At or around 7:01pm ANN* 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. OWOOb n 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 sSENOW 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 owngx would 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. 4VIMW 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: qL(q F~ •~~.•~r,...,,,,o„+~ O„a CPtt,nac%AbnlmP.c\1.nca1 Settings\TemD\tmD rt)t1368 4.htm1 9/27/2012 Page 5 of 5 Developed by Investigation: Remaining for Investigation: Additional Evidence/Tech Work - Photographs [ ] Composite [ Performed by: gen status: - Inve-stigating officer's Signature 71d 7 OL . 7 Fingerprints [ ] Other [ ] Revi Of Signature Dade CV.- -.._rlj~ q6 IS fiio•iir•~n.,~,,,,,P„r~ and ~Prrins~G\dh~lmes~L Deal Settings\Temp\tmp rpt1368 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 I" Offense ~ Warning to three days suspension 2nd Offense Three days to six days suspension 3rd Offense Six days to 12 days suspension 4`n 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.) qbl( 3-13 Board of Selectmen Policies 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 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts to show cause why-Bistro Concepts, Inc. d/bla 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- managerC ci.reading.ma.us. By order of Peter 1. Hechenblelkner Town Manager 10/9 qc. I 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 o yf 9 Alan W. Ulrich Constable & Disinterested Person 76R Woburn St. Reading, MA 01867 Tel: (781) 944-0885 Cell: (781) 775-1824 UG-` o~,N°FI? Town of Reading 16 Lowell Street \~`~OV~d 4Q~ ~AA~NN Rfi A ■ 4 XN7_ /NXr1 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 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: 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. in 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 Sell 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, P ' Peter I. Hechenbleikner, Town Manager Encl. cc: Town Counsel Chief James Cormier Alcoholic Beverages Control Commission 3 ~ Cl Page 1 of 5 o o v5. 5n Reading Police Department Chief James Cormier 15 union Street Reading, MA 01867 (ph) 781-944-1212 (fax) 781-944-2893 READING POLICE DEPARTMENT INVESTIGATIVE ACTION REPORT 09/27/12 11:47 PAGE: 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 ser#/vin# EVIDENCE rpt'd: 09/26/12 class: 02 C~ 1 an(i cPffino7V\rl1in1mec\1.nca1 SettingsUemDVmD rot1368 4.html 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 MOSCA'TO 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, 410MIN"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, &UNNNft 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 4811111Pto all 22 establishments in town as listed below: Meadow Brook CC at 292 Grove St Mandarin Restauran t at 296 Salem St 4 C- r_1_. irn.~1-%- --+,..,..a co++;,~.ro\ al,nlmac\T nral CPttlnaC\TPmn\tmn mt1'36R 4_html 9/27/2012 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 CafA° Capri at 355 Main St Busa Liquors at 345 Main St Northside Liquors at-k150 Main St Sam's Bistro at 107 Main St Knights of Columbus Lodge at 11 Sanborn St At or around 6:12pm 400kolga 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. MINIM 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 NomidlWa 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. 'i C(p -1 - l CPttinac\Tamn\tmn m MAR 4.htm1 9/27/2012. 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, 902061W 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 9810101@w 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 MftdW, included with this file. At or around 7:01pm AEMW 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 4111OW 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 wouiil 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. qVNIEW 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 41~ for identification and she was not able to purchase alcoholic beverages. Solvability Factors - Eliminated by Investigation: q C', ~~o•//('•1Tlnniimantc a„rl cPrr;,,a~\r1hr,lrr,P~\T,ecal Settings\Temb\tmp mt1368 4.html 9/27/2012 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 Revofficer' signature Dane C.,- . -4* qc3 fi1P //r \1~nc»ments and Settings\dholmesEocal Settings\Temp\tmp_rpt1368_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 I" Offense ~ Warning to three days suspension 2°a Offense Three days to six days suspension 3' 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.) qc 3-13 Board of Selectmen Policies Town of Reading 16 Lowell Street Reading, MA 01867 Fax: (781) 942-9037 Website: www.readinuma.eov Finance Department Human Resources Division (781) 942-9033 DATE: October 11, 2012 TO: Board of Selectmen 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. Kul V, QA F 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 L) 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 L' ~ z Board of Selectmen Meeting September 25, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 PM in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Bill Brown, John Halsey, Jack Downing, Grace Fitzpatrick, Mary Ellen O'Neill, Robert J. Kiley III, Robert Kiley, Carl McFadden, Mark Cardono, Sharlene Reynolds Santo, Roberta Sullivan, Robyn Parker, Ralph Blunt, Manuel German, Everett Blodgett, Virginia Blodgett, Karen German and Mark Hall. Reports and Comments Selectmen's Liaison Reports and Comments - Ben Tafoya noted he received an email from a resident regarding a crosswalk at Walnut Street. He also spoke with a resident who had spoken with the gas company regarding getting gas on Richards Road. The Town Manager noted that residents have to pay the cost of having gas lines installed on a road. Richard Schubert noted that Yom Kippur is tonight. Reverend Wagner spoke with him regarding better communication. The Town Manager suggested two Selectmen and staff go to one of the Clergy Association meetings to address their concerns and the Selectmen might want to make a liaison assignment to the clergy. John Arena noted that he has spoken with Economic Development Committees in other towns to see how they function. In Southborough they are focused on making the business community aware of their roles in the town. Stephen Goldy noted that the RCASA Annual Meeting is September 27 at 7:00 PM at the Performing Arts Center. Public Comment - Bill Brown noted there are two port-a-potties at the compost center and one of them should be a handicap potty. Town Manager's Report - The Town Manager gave the following report: Administrative matters ♦ Volunteers still needed - for the Bylaw Committee; Conservation Commission, Finance Committee (2), Trails Committee, Historical Commission, West Street Historic District Commission, and Zoning Board of Appeals. 6Gt Board of Selectmen Minutes - September 25. 2012 - pate 2 ♦ Last Day to register to vote is October 17 (Wednesday) and the Town Clerk's office will be open until 8:00 PM. Residents can apply now for an absentee ballot. Absentee ballots will be available about 3 weeks before the election, and the Town web site will have an announcement when the ballots are available. Community Services ♦ The Reading Health Division will be providing seasonal flu vaccinations at the Killam School cafeteria on Wednesday, October 3, from 2:30 PM until 4:30 PM for adults 18 years and older. We ask that you bring your insurance cards so that we may be reimbursed for the vaccinations. The accepted insurances are: The fee for the vaccination without one of the accepted insurances is $10. Please do not get a flu vaccination if you are allergic to eggs or any other component of the flu vaccine. Please wear short-sleeved shirts. If you wish to complete the paperwork in advance, consent forms are available on the Reading Health Department website. Clinics open to Reading residents are also available in Wakefield and Melrose. • The Town of Reading will be hosting the MA Downtown Initiative 2012 Workshop - "The Economics of Downtown: Identifying and retaining the right retail mix for a healthy local economy." This will be held on October 18 at the Police Station Community Room. ♦ Open House - Northeast Ballet School on September 29. ♦ October 11 at 2:00 PM - Ribbon Cutting - Oaktree. Special guest will be Greg Bialecki. Finance ♦ Financial Forum October 10. ♦ Assessment update. Public Safety ♦ RCASA Annual Meeting Thursday, September 27 at 7:00 PM in the Performing Arts Center. ♦ Verizon will be visiting several streets - they have notified the Police Chief. Public Works • This is the final season for plowing of church parking lots, per the transition plan. There are 5 churches that we are plowing and getting reimbursement from. • We have modified the sidewalk plowing route from the east side of Bancroft between Lowell and Auburn Streets, to the west side of the street per the Board of Selectmen direction when we discussed sidewalk construction. We are unable to plow Green from Ash to High Streets as requested recently by the Board of Selectmen. • Transportation Conversations • Recycling event: o 504 cars drove through (up from approximately 400 last spring). o 1/4 container of Styrofoam, o Goodwill had 84 cars drive through with 1.96 tons donated. o Paper Shredding - 2.12 tons. S~`7~ Board of Selectmen Minutes - September 25, 2012 - page 3 o Rigid Plastics - 2.96 tons o Electronics - .95 tons Street Paving - next projects: • Main Street (Washington Street to the Railroad Tracks), Garrett Road, Boswell Road, Irving Street, West Street (thin overlay over water trench; Arcadia to Woburn Streets). Curbing/Sidewalk ♦ Mineral Street - RMLD getting access rights addressed. Highland Street sidewalk - may have to wait for next year. Utilities ♦ Howard Street water main - Summer to West Streets is completed, and West Street to County Road is in progress. Assistant Town Manager's Report - Bob LeLacheur noted that there is a Financial Forum on October 10 and the topics of discussion will be the Library project, the Killam School project and school needs. He also noted that the Town collected over $84,000 in meals tax. Proclamations/Certificates of Appreciation Resolution re: Transportation Funding - A motion by Bonazoli seconded by Schubert to approve the resolution regarding transportation funding was approved by a vote of 5-0-0. Discussion/Action Items Hearing - Use of Amplified Sound at Hollingsworth Field - Richard Schubert asked if he is considered an abutter and the Town Manager noted that notices were sent out to abutters within 300 feet and Mr. Schubert is not an abutter. Carl McFadden and Jimmy Murphy were present. Carl McFadden noted that this is the first year for flag football and they are looking to create a fun environment for the kids. They are not looking to be disrespectful and there were no complaints as far as he knows from the first night. The time of the event is 4:30 to 7:30 PM. Ben Tafoya asked if the music could be heard 100 feet away and Mr. Murphy indicated it could not. Richard Schubert noted there were a lot of folks there and flag football was being played in the softball area. Mr. McFadden noted that is the warm up area and Mr. Murphy noted that the sound does not have to be amplified to them. Jack Downing of 91 Whittier Road noted that his neighborhood had its block party on Saturday and a resident asked them to turn down the music but it wasn't them - it was coming from the field. He noted there is continuous noise on Fridays with football and the band. Sunday is Pop Warner football and that starts at 6:50 AM. The activity and the lights make it difficult to get the children into bed. Mr. Downing also noted that the S~*3 Board of Selectmen Minutes - Sebtember 25, 2012 - pate 4 lights are on for two hours after the football games on Fridays and that creates a lot of pick up games after the police are gone. He asks that the sound be denied. Robert Kiley of 18 Tennyson Circle noted that the sound is amplified even more with the leaves falling. He has no problem with the kids using the field, just the sound. Mary Ellen O'Neill noted that the Board of Selectmen created a policy to protect neighbors and users and she encourages them to support their new policy. Bob Kiley of 18 Tennyson Circle, noted that the residents shouldn't have to keep their windows closed. The area has changed. John Halsey of 75 Beaver Road noted that it sounds like 7:30 PM is a good time to shut off the sound. The audience enjoys the festive nature of the game. Richard Schubert noted that one group is making application but they are not the only one using the fields. He noted that the kids last Saturday were having fun without sound. James Bonazoli noted that he was in the area on the first night and he didn't hear the music at the YMCA. He doesn't find this as negative as a rock concert. He has no problem granting this. A motion by Bonazoli seconded by Tafova to close the hearing on the application to use amplified sound at Hollingsworth Field was approved by a vote of 5-0-0. Bonazoli moved and Arena seconded that the Board of Selectmen. pursuant to Rule 4 of section 4.14.3 of the Board of Selectmen policies. approves for announcements and for music the use of amplified sound for the remaining 6 "Flag Football" games scheduled for 4:30 to 7:30 PM on Saturdav evenings. 9-29, 10-6, 10-13, 10-27, 11-3, and 11-10 during the remainder of the 2012 season at the Hollingsworth Football Field, subiect to the following conditions: ♦ Speakers will be located as directed by the Recreation Administrator and will to the extent possible be oriented awav from the nearest residential area on Whittier Road or anv other residential area. A motion by Schubert seconded by Bonazoli to amend the main motion by adding "sound not to be audible bevond 100 feet" failed by a vote of 2-2-1. The main motion was approved by a vote of 3-2-0 with Tafova and Schubert voting in the negative. Close the Subsequent Town Meeting Warrant - The Town Manager noted that Article 3 is to establish a school building committee. Ben Tafoya noted that the School Committee has come to no conclusions yet and he's uncomfortable doing something that the School Committee hasn't approved yet. The consensus of the Board was to remove Article 3 from the Warrant. sa-q Board of Selectmen Minutes - September 25, 2012 - pate 5 The Town Manager noted that Article 9 is a drainage easement on Walnut and Curtis Streets. The issue is both of the abutters are not in agreement. The Town Manager indicated he will schedule a hearing to find out how everyone feels. A notice will be sent to the abutters. The Town Manager noted that Article 11 is the issue of the Library project. He suggests doing a report at the Subsequent Town Meeting and then do a special Town Meeting and put on the April ballot. Bob LeLacheur noted that the Finance Committee directed him to notify Town Meeting Members of the financial forum to discuss these issues. The Town Manager noted that he didn't incorporate all of Elaine Webb's comments in Article 14. Richard Schubert noted that the Article needs tweaking before going to Town Meeting and John Arena noted that this is not meant to be a debate on the floor. It is up to the Board of Selectmen to present. Stephen Goldy noted that he is in favor of both appeals. The Town Manager noted that the Conservation Commission requested that Article 15 be put on the Warrant and Article 18 is a Petition Article from Bill Brown regarding the code of the flag law. A motion by Tafova seconded by Bonazoli to close the Warrant for the 2012 Subsequent Town Meetine consistine of 17 Articles to take place on Tuesdav, November 13, 2012 at Reading Memorial Hiah School Auditorium, 62 Oakland Road at 7:30 PM was approved by a vote of 5-0-0. Hearing - Request for Tree Removal - 63 Forest Street - The Secretary read the hearing notice. Homeowners Mr. and Mrs. Boyd were present. Mr. Boyd noted that they purchased the home in August 2011. They have difficulty getting in and out of the driveway and the tree also creates a blind spot. He called the tree department and they wouldn't approve removal but they did trim it. On July 2 a massive limb crashed on his wife's car and the Tree Warden still won't remove the tree. He noted there are still many branches the same size still on the tree. Since that event many small branches have fallen and there is one dangling. He removed one tree that was similar and it was rotted inside. He noted that the decisions made so far are more concern for the oak tree than for him and his family's safety. Richard Schubert noted that trees are an asset and the Tree Warden is protecting the tree. Mr. Boyd noted that it costs $1,500 to remove the tree and that is a fraction of the cost to repair his house and wife's car. A motion by Tafova seconded by Bonazoli to close the hearing for a tree removal at 63 Forest Street was approved by a vote of 5-0-0. Board of Selectmen Minutes - September 25, 2012 - pale 6 Move that the Board of Selectmen approve the removal of a 38" diameter oak tree on public property between 63 and 67 Forest Street. at the request of the property owner at 63 Forest Street, subiect to the following conditions: that two trees be planted with the location and tvpe to be determined by the Tree Warden was approved by a vote of 5-0-0. Hearin4 - Restoring Brande Court Parkin4 Lot to Two Hour Parking - The Secretary read the hearing notice. The Town Manager noted that the intent is to restore two hour parking. In 2009 the Board of Selectmen agreed on a temporary basis to change to blue zone all day with a sticker. The intent was to go back to two hour once the building was complete. Stephen Goldy asked how the lot is utilized now and the Town Manager indicated approximately 6 - 12 vehicles per day. Ben Tafoya asked if there was overnight parking and the Town Manager indicated there is in certain spaces with a sticker and he is proposing not to change that. John Gannon owns two office condos at 2 Haven Street and noted that the make up of two hour parking has changed. The types of businesses have changed. He asked where his employees will park. He is requesting that a portion of the 82 spaces in the parking lot be employee parking. Ben Tafoya asked how many blue stickers are available and the Town Manager noted we sold 110% of 110 stickers. James Bonazoli noted that we need to maintain a consistent over sale and we will need to add more at some point. The Town Manager noted that the Town represented to the developer that it would revert back to two hour parking when the building was done. Mark Hall, developer of 2 Haven Street, noted that they need their space too. They've struggled with it and paid for development and got two spaces. Stephen Goldy suggested adding in 7 blue spaces and John Arena suggested adding 12 with the eye to relocate to Vine Street when the property is available. A motion by Tafova seconded by Schubert to close the hearing on restoring Brande Court Parking Lot to two hour parking was approved by a vote of 5-0-0. Schubert moved and Tafova seconded that the Board of Selectmen amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to: J ev(o Board of Selectmen Minutes - September 25, 2012 - pate 7 Appendix A-2 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Two Hour ParkinE All Day in the Business District 8:30 AM to 5:00 PM (Monday through Friday) Location Brande Court Municipal Parkins Lot Bonazoli moved and Tafova seconded to amend the motion to add "except for seven spaces as deemed by the Town Manager." A motion by Arena seconded by Bonazoli to amend that motion to read, "except for 12 spaces as deemed by the Town Manager to be effective January 1, 2013," was approved by a vote of 3-0-0. The main motion as amended was approved by a vote of 3-2-0. Approval of Purchase and Sales Agreement - Pearl Street and Audubon Road - The Town Manager noted that both properties are 3,700 feet assemblage parcel for $7,400 each as is. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approves the negotiated sale of a 3700 square foot "assemblaue" parcel of land at the intersection of Pearl Street and Audubon Road shown as parcel 2 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated September 25, 2012, to Peter and Patricia Genovese of 10 Duck Road and that the Board approves the si2ninu of the Purchase and Sales Agreement as negotiated, was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approves the negotiated sale of a 3700 square foot "assemblage" parcel of land at the intersection of Pearl Street and Audubon Road shown as parcel 3 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated September 25, 2012, to Patricia Crowley of 12 Audubon Road and that the Board approves the signing of the Purchase and Sales Agreement as negotiated was approved by a vote of 5-0-0. Review Street Design Issues - Oakland Road, Haverhill Street, Downtown Streetscabe Phase 2, Pedestrian Traffic Signal on Main Street - The Town Manager noted that Reading is the poster child for Smart Growth and that counts for points with the State. The Town Manager and Town Engineer reviewed the downtown streetscape. The Town Manager noted that Minot and Main Streets is the most suitable intersection for a pedestrian actuated signal. George Zambouras noted that we need state approval because it's a state road. Stephen Goldy asked where we are with the light at Salem Street and Baystate Road. The Town Manager indicated we are waiting for funding. Board of Selectmen Minutes - September 25, 2012 - pale 8 Ginny Blodgett noted that if crosswalks are painted with "zebra" marks they are much more visible. The Town Manager noted that Haverhill Street is being repaved in spring 2013 and they are looking at adding bike lanes. George Zambouras reviewed the map of Haverhill Street and reviewed the details of having bike lanes. The Town Manager noted that Oakland Road is scheduled for reconstruction in FY14. It has wide travel lanes. George Zambouras reviewed two plans for Oakland Road - one with a 6 feet center island with plantings and one with a stamped concrete island. Approval of Land Sales - Pearl Street and Lothrop Road - The Town Manager noted that the Lothrop Road variance was approved. An abutter suggested that the property be tree lined in the front perimeter. Two abutters to the lot on Pearl Street and Audubon Road have agreed to buy a portion of the lot and the Selectmen have agreed to that. A motion by Arena seconded by Bonazoli that the Board of Selectmen reconsider the original vote on the sale of the property on Pearl Street at Audubon Road and the Lothrop Road property was approved by a vote of 4-1-0 with Tafova opposed. A motion by Bonazoli seconded by Arena that the Board of Selectmen authorizes the Town Manager to arrange for the bid for sale pursuant to Chapter 30b regulations, one 17,800 +/-square foot parcel at the intersection of Pearl Street and Audubon Road shown as parcel 1 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated November 1, 2011, subject to the following minimum bid price and conditions: ♦ Minimum Bid price - $200,000; ♦ Closing - 90 days, subject to extension by the Town for good cause: ♦ Offered in "as is" condition; ♦ Use restricted to one single family home and appurtenant structures. with no further subdivision of the parcel; ♦ Use will exclude application of the parcel as a 40B development; ♦ Drivewav access onlv from Audubon Road; ♦ Buver pavs all closing costs and real estate transfer tax. except Town's legal costs. The motion was approved by a vote of 3-2-0 with Schubert and Tafova opposed. A motion by Bonazoli seconded by Schubert that the Board of Selectmen authorize the Town Manager to arrange for the bid for sale pursuant to Chapter 30b regulations, one +/-31,614 square foot parcel of land on Lothrop Road known as plat 9 lot 3 on the Town of Reading Assessor's map, subiect to the following minimum bid price and conditions: ♦ Minimum Bid price - $250,000; ♦ Closing - 90 davs, subject to extension by the Town for good cause; ♦ Offered in "as is" condition; a. Board of Selectmen Minutes - September 25, 2012 - pace 9 ♦ Use restricted to one single familv home and appurtenant structures, with no further subdivision of the parcel; ♦ Prior to construction on the site a plan will be submitted to the Town Enzineer showing that a minimum number of trees within 15 feet of the abutting residential properties are to be removed; ♦ Use will exclude application of the parcel as a 40B development; ♦ Buver pavs all closing costs and real estate transfer tax, except Town's legal costs The motion was approved by a vote of 4-1-0 with Tafova opposed. Approval of Minutes A motion by Bonazoli seconded by Tafova to approve the minutes of September 10, 2012 was approved by a vote of 5-0-0. A motion by Tafova seconded by Arena that the Board adiourn the meeting at 11:00 PM was approved by a vote of 5-0-0. Respectfully submitted, Secretary ~C q Board of Selectmen Meeting October 2, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:04 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Human Resource Administrator Carol Roberts and Office Manager Paula Schena. Town Manager Search Process Stephen Goldy noted that the Collins Center came in and they will be sending a proposal in two days. Mark Morris did not come in and MRI submitted information. The Collins Center can develop the profile and help with the search committee. Stephen Goldy noted that the Town Manager suggests involving the public - one resident; the Superintendent of Schools, two Selectmen, Town Moderator and the Human Resource Administrator. Richard Schubert noted that he served on the Superintendent of School Search Committee and that committee had around nine members. James Bonazoli suggested including two Selectmen, Superintendent of Schools, Finance Committee, School Committee, Department Heads, Human Resource Administrator and the public. Stephen Goldy noted that the following people should give input to the candidate profile: ♦ All Selectmen - one on one ♦ All Department Heads ♦ Superintendent of Schools ♦ Chairman of the Finance Committee He also noted that Human Resource Administrator should sit in on all interviews. Richard Schubert felt strongly that a School Committee member should give input on the candidate profile. Ben Tafoya asked about public input and Stephen Goldy noted that community input will be more important for the Screening Committee. Carol Roberts will send the Collins Center proposal to each Selectman when she receives it. The Board will add a 15 minute agenda item on the October 9th agenda to make a decision on the hiring process. They will set the membership for the candidate profile and the screening committee at the meeting on October 16th '5 1) 1 Board of Selectmen Minutes - October 2. 2012 - nacre 2 Other Business Stephen Goldy noted that the Conservation Commission hearing is October 16th and he asked if any of the Selectmen want to attend because the Selectmen also have a meeting that evening. Ben Tafoya noted that if it is televised then they can watch the rerun. The Board then directed Paula Schena to draft a letter to the Conservation Commission indicating that even though some of the Selectmen would like to attend the public hearing, none of the Selectmen are able to attend because they have an important meeting that evening. Ben Tafoya noted that there is a Financial Forum on October 10th to begin discussion on substantial capital projects including: the Library project; Killam School renovations and full day kindergarten. There will be a Special Town Meeting in February to consider the Library project. James Bonazoli noted that the School Department has done nothing regarding full day kindergarten and Ben Tafoya noted that they are working on creating a School Building Committee. Ben Tafoya noted that the state has released monies and we are the first on the list for the Library project so we should get the money. This will have to go to Town Meeting to be put on the ballot in April. Ben Tafoya asked if any Selectmen wanted to speak at the Oaktree Ribbon Cutting on October 11th and James Bonazoli noted he will speak. He also noted that Zinga's official opening is October 16, 2012. Approval of Minutes A motion by Schubert seconded by Tafova to approve the minutes of September 19, 2012 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Schubert to adiourn the meeting at 7:50 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary sb2."