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Home My WebLink About2011-12-08 Board of Selectmen Packetor 4O`ti� Town of Reading b 16 Lowell Street sg.,y o9o�n� Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Longhorn Steak House Attn: Leigh Anne Bull 39 Walkers Brook Drive Reading, MA 018678 Dear Ms. Bull: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781 - 942 -9043 and confirm your attendance at this meeting. Sincerely, Peter I. Hechenbleikner Town Manager o� oPtt��'y Town of Reading b 16 Lowell Street Reading, MA 01867 -2685 C�9. IN[DiiQD¢ FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Romano's Macaroni Grill Attn: Elizabeth Murray 48 Walkers Brook Drive Reading, MA 01867 Dear Ms. Murray: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781- 942 -9043 and confirm your attendance at this meeting. Sincerely, Peter I. Hechenbleikner Town Manager °F��' ° -y� Town of Reading .. y r b 16 Lowell Street Reading, MA 01867 -2685 11 ir Js.&COR4O� FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Sam's Bistro Attn: Michael Palmer 107 Main Street Reading, MA 01867 Dear Mr. Palmer: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781- 942 -9043 and confirm your attendance at this meeting. Sincerely, • i WN, Peter I. Hechenbleikner Town Manager (O�OV- F 11,F,c Town of Reading 16 Lowell Street FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Venetian Moon Attn: Anthony Cavallo 680 Main Street Reading, MA 01867 Dear Mr. Cavallo: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781 - 942 -9043 and confirm your attendance at this meeting. Sincerely, Peter I. Hechenbleikner Town Manager Town of Reading ar a IS I nwrall StraPt FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Meadow Brook Golf Club Attn: Dario Morelli 292 Grove Street Reading, MA 01867 Dear Mr. Morelli: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781 - 942 -9043 and confirm your attendance at this meeting. Sincerely, Peter I. Hechenbleikner Town Manager QFI? -� Town of Reading h ' b 16 Lowell Street '9'lNCORQ�p Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Reading Overseas Vets Attn: Thomas Fennelly 575 Main Street Reading, MA 01867 Dear Mr. Fennelly: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all Iicensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781- 942 -9043 and confirm your attendance at this meeting. Sincerely, Peter I. Hechenbleikner Town Manager o� 0Fjj Town of Reading c, s b 16 Lowell Street Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 1, 2011 Northside Liquors Attn: Anju Patel 150Main Street Reading, MA 01867 Dear Mr. Patel: The Board of Selectmen requested all liquor licensees attend their meeting on November 8, 2011 to have a discussion regarding the responsibilities of the liquor licensees. This was in response to a dramatic increase in liquor license violations as a result of routine compliance checks by the Reading Police Department in 2011. Although the meeting was well attended, not all licensees were present, so a second meeting has been scheduled. The Chairman of the Board of Selectmen and Town Manager will hold a meeting on December 8, 2011 at 7:30 p.m. in the Conference Room at Town Hall. Your presence is required at this meeting prior to renewal of your liquor license. Please call Paula Schena at 781 - 942 -9043 and confirm your attendance at this meeting. Sincerely, Ki Peter I. Hechenbleikner Town Manager Draft Outline for Selectman's 11 -8 -11 Meeting with Liquor Licensee's Introduction: Chairman Camille Anthony ♦ Concern about substance abuse in general in the community ♦ High profile situations involving substance abuse this summer and fall in the community ♦ 3 part community dialogue on substance abuse and violence in the community ♦ Grave concern about the increase in sale of alcohol to minors this year ♦ The Board of Selectmen wanted the liquor license holders in before the Board of Selectmen so we can express to you what our expectations are for your continued operation as a licensee in this community. Reminders: Selectman ♦ Reading has mandatory training for licensees, managers, servers, and "principal representatives" - meaning someone acting on the licensee's behalf, of licensed establishments. ♦ All servers must be trained within 90 days of starting employment. ♦ Staff must be trained not to serve alcohol to minors and to follow appropriate procedures. ♦ Licensees must monitor service to all patrons to avoid over serving to reduce the risk for impaired driving. ♦ If servers are TIPs trained, employees must renew their TIPs certification every 3 years. RCASA Director Erica McNamara is a TIP's trainer and will schedule a TIPs training upon request, please contact Julianne DeAngelis, RCASA Outreach Coordinator at 781.942.6756 or jdean elis _ci.reading.ma.us Local Enforcement Information: Selectman ♦ Reading Police officers have been trained on alcohol compliance regulations. ♦ Reading Police regularly conduct alcohol compliance checks to ensure all guidelines are being followed. ♦ Police Supervisors are "agents of the Local Licensing Board" ♦ All businesses with liquor licenses are required to report any illegality that occurs on the premises to Police. ♦ A notice is published annually in the local papers regarding alcohol compliance operations. Status of Local Compliance Rates: Rates of Alcohol Compliance: Reading, MA Percentage of Number of Licensed Number of Number of underage Establishments that Compliance Licensed sales to failed Compliance Calendar Year Checks Establishments operative Checks 2008 20 20 3 15% 2009 21 21 0 0% 2010 23 23 0 0% 2011 1 44 1 22 1 5 1 23% State Enforcement Information: ♦ Representatives from the MA ABCC may also conduct random alcohol compliance checks. They also follow -up on complaints. ♦ In 2009, the MA ABCC investigated 475 complaints from 150 cities /towns. Investigators observed approximately 1,800 violations of the Liquor Control Act and documented 2,400 OUI reports. ♦ In Mass, statistics indicate that 50% of people arrested for OUI had their last drink at a licensed establishment. — MGL Chapter 90 §24J requires that: "In every case of a conviction to a violation of operating a motor vehicle under the influence of intoxicating liquor, the court shall inquire of the defendant, before sentencing, regarding whether he was served alcohol prior to his violation. " Conclusion — Selectman Steve Goldy, also a Board member and Vice Chairman of the Reading Coalition Against Substance Abuse (RCASA) ♦ Licensees need to provide responsible beverage service at all levels from management to server ♦ Licensees need to provide workplace support and education around substance abuse issues (RCASA can help!) ♦ Licensees should keep up to date on RCASA activities through subscribing to the RCASA newsletter ♦ If the rate of service to minors in Reading does not abate, the Board of Selectmen is going to have to look at more severe penalties, which could include less leniency on when license suspensions are done, and perhaps more prominent notice to the public when a licensee has been found to have violated policies or laws. Number of Liquor Licenses by Category Catep-ory 2008 2009 2010 2011 Retail Package Goods Store License 5 4 5 5 Restaurant License - All Alcoholic 9 9 12 12 Restaurant - Wine and Malt 2 4 2 1 Club License 4 4 4 4 Total 20 21 23 22 Excerpts from Reading Liquor Rules and Regulations 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: 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.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. Offense Penalty I" 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.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to ensure that procedures are in place, by posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority immediate entrance into the premises at any time employees are on the premises. Any delay in providing such access shall be cause for action against the license. 3.2.7.3 - Posting of Notice Whenever the Licensing Authority warns a licensee or suspends the license or licenses of any licensee, the Licensing Authority shall provide the licensee with a sign containing the words "Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by the Licensing Authority of the Town of Reading" and stating the reason for the warning or suspension. This sign shall be attached by the licensee on the inside of a window in a location designated by the Licensing Authority which location shall be visible from the outside of the licensed premises in a conspicuous place during the entire period of such warning or suspension. e �l'Q10 �O loll � 6�e�e..l�•�rkgo�c�,�.er� T- /r1��gE�A�i9C/�IEit�'AoG . coyc ��CLlLI L �Llc /j?F/� SAM '1 r3 /fT�o flea ►j S', vvvav LH S5Z5 SAO c� c ,,, cows ��41�0v Sk Zak k6u rR V S.ra►T`t.a� IM, oe Vq. A rCC"�e N,c� ® t`}Q.`t�laFL� �0•� Y1t`�s p nl t! e .. List of Liquor Licensees who did not attend Selectmen's November 8`h meeting: ♦ Longhorn Steak House ♦ /Macaroni Grill ♦ V/Sam's Bistro ♦ i/ Venetian Moon ♦ v/Meadow Brook Golf Club ♦ ✓VFW ♦ VNorthside Liquors