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HomeMy WebLinkAbout2011-07-05 Board of Selectmen Minutes ' Board of Selectmen Meeting July 5, 2011 For ease ofurchiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda fpr that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:05 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Camille Anthony, Selectmen Stephen Coldy and Richard Schubert, lawn Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLachcur, Town Counsel Ellen Doucette. Police Chief James Cormier. Police !Sergeant Mark Segalla, Police Detectives Michelle Halloran and Michael Saunders, Office Manager Paula Schena and the following list of interested persons: Robert Carp, Bob Kiley, Palatat Pattenesuan, Kevin Tao. Reports and Comments Public Comment - Bob Kiley and his father were present. Mr. Kiley indicated he lives on Tennyson Circle and the 8 - 12 hours of band music is very loud and unbearable. He requested that the Selectmen revisit the noise and amplified sound issues. Discussion/Action Items Hearing - Liquor license Infraction Bangkok Spice Thai Restaurant - The Secretary read the ' hearing notice. Police Chief James Cormier, Police Sergeant Mark Segalla, Police Detectives Michelle Halloran and Michael Saunders were present. Chief Cormier noted this is a result of a series of compliance checks, There were four violations for sale of alcohol to minors. Richard Schubert asked how often compliance checks are done, Chicf Cormier noted there are different types of compliance checks - underage: party checks and "Cop in the Shop:' They perform as many as they can during the year. Richard Schubert asked if all licensees were included and Chief Cormier indicated they are. Sgt. Segalla noted that the compliance checks took place on June 22, 23 and 24, 2011. A notice was posted in the Chronicle and Reading Patch and they visited establishments and spoke with Managers. Sgt. Segalla read the ABCC guidelines for compliance checks. Each operative was sent into the establishments without any identification and were given a breathalyzer test before and after the investigations. Sgt. Segalla noted that on June 22, the underage operative went into Bangkok Spice and was served alcohol. The owner was informed. Palatal Pattenesuan, owner of the Bangkok Spice was present. He noted that will never happen ' again. He noted Ihal night he was in the kitchen and his wife was the one who served. Board of Selectmen Meeting—July 5, 2011 - page 2 Richard Schubert asked how long Mr. Pattenesuan has had a liquor license and he indicated two years. Selectman Schubert asked if the patron was sitting to have a meal and Sgt. Segalla ' indicated yes. Selectmen Schubert asked Mr. Pattenesuan if he was TIP trained and Mr. Pattenesuan indicated he is the only employee TIP trained. The Board of Selectmen informed Mr. Pattenesuan that it is a requirement that everyone serving be trained in TIPS. Chief Cormier noted that Mr. Pattenesuan passed two previous compliance checks. Camille Anthony asked if he is closed on any days and it was noted he is closed on Sundays. A motion by Goldv seconded by Schubert to close the hearing on the possible modification, suspension or revocation of the Restaurant License to Expose, Keep for Sale and to Sell Wine and Malt Beverages to be Drunk on the Premises for Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age, was approved by a vote of 3-0-0. A motion by Goldv seconded by Schubert that the Board of Selectmen find Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant 76 Haven 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 22, 2011,was approved by a vote of 3-0-0. A motion by Goldy seconded by Schubert that Palatat Pattenesuan d/b/a Bangkok Spice , Thai Restaurant, 76 Haven 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 .lune 22, 2011, was approved by a vote of 3-0-0. A motion by Goldv seconded by Schubert that the three day suspension for Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street, take place on July 18, 19 and 20, 2011; 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",was approved by a vote of'3-0-0. The Town Manager noted that the restaurant is allowed to stay open, but will not be allowed to sell alcohol for those dates. Hearing - Liquor License Infraction — Knights of Columbus — The Secretary read the hearing notice. Brian Snell, John Cafazo, Steve Kintigos and John Ferguson from the Knights of Columbus were present. Sgt. Segalla noted that on June 23, 2011 the underage operative rang the buzzer at the Knights of Columbus, was buzzed in, sat at the bar and was served a beer. The underage operative was given a breathalyzer before and after the operation and did not have any identification on him. ' Board of Scicetmcn Meeting,—July 5, 2011 - page 3 ' Brian Snell indicated this was a case of mistaken identity. This is their first violation in 40 years. They assumed he was a guest or the member who he was speaking to. Mr. Snell offered to make checking of ID's a stipulation from now on. Steve Kintigos submitted a"Licensees Stipulation of Facts" to the Board for the record. John Cafazo, resident, noted that he has been TIPS certified for 30 years. He feels it is unfair to have the same punishment as Bangkok Spice who violated the policy. John Ferguson noted this was just a mistake. Richard Schubert asked if they are closed on any days and it was noted they are closed on Sundays. A motion by Schubert seconded by Guldy that the Board of Selectmen close the hearing on the possible modification suspension or revocation of the Club License to Expose Keen for Sale and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises for Home Building Corp. of Reading Council K. OF C. Inc d/b/a Knights of Columbus, 11 Sanborn Street for violating GL Chanter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age,was approved by a vote of 3-0-0. A motion by Schubert seconded by Goldy that the Board of Selectmen rind Hume Building ' Corp of Reading Council K. OF C Inc d/b/a Knights of Columbus, 11 Sanborn Street, in violation of MGI. Chanter 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 Gully that Home Building Corp. of Reading Council K. OF C Inc d/b/a Knights of Columbus, 11 Sanborn 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 Goldv that the three day suspension for Home Building Corn of Beading Council K OF C Inc d/b/a Knights of Columbus, 11 Sanborn Street, take place on Iuly IS 19 and 20 2011• 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", was approved by a vote of 3-0-0. Hearing Liquor License Infraction - Ove's - The Secretary read the hearing notice. Sgt. Scgalla noted that on .lune 22, 2011 the underage operative entered Oye's and was served one ' beer. "fire bartender did not ask for an ID. 'rhe officer notified the Manager. Board of Selectmen Meeting— July 5 2011 - page 4 Kevin 'fao was present and apologized. He noted that he's been in the restaurant business for 10 years and this is the first time this has happened. He noted that the bartender is old and failed the ' 'PIPS test I Ie indicated that they check ID's for 40 and under and there is a Manager there at all times. Camille Anthony noted that when the Constable tried to serve him papers for this hearing, there was no Manager on-site. She noted that it is required that a Manager be on-site at all times and we will have this discussion at another meeting. A motion by GoldV seconded by Schubert 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 KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive, for violating GL Chapter 138, Section 34 for the sale or delivery of alcoholic beverages to a person under 21 years of age, was approved by a vote of 3-0-0. A motion by Goldy seconded bV Schubert that the Board of Selectmen find KOK, Inc d/b/a Ove's,26 Walkers Brook Drive, 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 22, 2011, was approved by a vote of 3-0-0. A motion by Goldv seconded by Schubert that KOK, Inc d/b/a Ove's, 26 Walkers Brook Drive 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 Junc 22, 2011, was approved by a vote of 3-0-0. A motion by Guldy seconded by Schubert that the three day suspension for KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive take place on July 18, 19 and 20, 2011; 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", was approved by a vote of 3-0-0. Hearing _Liquor License Infraction — The Wine Shop of Reading — The Secretary read the hearing notice. Sgt Segalla noted that on .lune 23, 2011 the underage operative entered the Wine Shop and purchased a six pack of beer. 'the clerk asked if he was a cop and he indicated he was not, so she put the beer in a paper bag so the Police wouldn't see it. Robert Carp, owner and attorney, was present and indicated he had a video tape from his surveillance camera. Ile noted that the guidelines say that the underage operative should reasonably look their age. Mr. Carp asked what he was wearing and Detective Saunders indicated kakis and an overcoat. Mr. Carp indicated that he feels the overcoat made him look ' older. Mr. Carp noted that the report docs not indicate an alcohol test before entering the store— Board of Selectmen Meeting—July 5, 2011 - page 5 ' there was a four hour lapse and he feels the test should have been given immediately before he went into the store. lie also noted that the operative engaged the clerk in conservation about the location of the beer. Detective Saunders indicated the guidelines do not say the operative can't speak -- he just can't misrepresent his age, and further more, the breathalyzer was given 1 '/- hours prior, not four hours. Sgt. Segalla noted that it was supposed to be a four hour operation, but it only took 1 Y hours. Richard Schubert asked Mr. Carp how long he had owned the Wine Shop and Mr. Carp indicated since March of this year. Chief Cormier noted that the police visited all liquor establishments including the Wine Shop on May 27, 2011 and spoke with the Manager regarding compliance. Stephen Guldy noted that whether or not the operative spoke has no bearing on whether or not the liquor gas sold to him. A motion by Goldv seconded by Schubert 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, was approved by a vote of 3-0-0. A motion by Schubert seconded by Gold that the Board of Selectmen find Reading Fine Wines LLC d/b/a The Wine Shop of Reading, 676 Main Street, in violation of MCL 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 bl, 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 Chanter 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 Gold that the three day suspension for Reading Fine Wines LLC d/b/a The Wine Shop of Reading, 676 Main Street take place on July 18, 19 and 20 2011• 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" was approved by a vote of 3-0-0. Mr. Carp requested that he be allowed to remain open to sell cheese and food and the Board indicated he could. Board ol'Sclectmen Mectine— July 5 2011 - nage 6 A motion by Schubert seconded by Goldy to adjourn the meeting at 8:40 p.m. was approved by a vote ol'3-0-0. ' Respect"' submitted, Scc tary 1