HomeMy WebLinkAbout2014-10-20 Board of Selectmen Minutes Ofq
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2014-10-20 Time: 7:00 PM
Building: School - Memorial High Location: Superintendent Conference Room
Address: 49 Pleasant Street
Purpose: Litigation & Real Estate
Attendees: Members - Present:
Vice Chairman Marsie West (acting Chair), Secretary Daniel Ensminger,
Selectmen John Halsey and Kevin Sexton.
Members - Not Present:
Chairman John Arena
Others Present:
Town Manager Bob LeLacheur, Police Chief Jim Cormier, Town Counsel Ray
Miyares
Minutes Respectfully Submitted By: Secretary Daniel Ensminger
Topics of Discussion:
Ricky's Liquors license suspension
Town Counsel Mlyares explained the decision by the ABCC, received late on Friday
afternoon, to uphold the 90-day license suspension but to request that it be split Into 50
days immediate and 40 days held In abeyance for two years, to be rescinded If no other
license violations occur during that time frame. He was quite pleased that the ABCC had
taken the offense very seriously by upholding the suspension, which as far as he knew was
unprecedented In the state.
Mr. Ensminger asked that If another violation happened whether the new penalty would be
40 days, and Mr. Miyares replied that a new Hearing would need to be held, and the Board
was free to make a decision at that time on the merits of the circumstances, but 40 days
would be additional to a new penalty.
Mr. Mlyares stated that when Ricky's went to court to seek a stay of the license suspension,
that request was denied by a Judge. He believes that fact had some Influence over the ABCC
decision. The ABCC worked quickly to render a decision. He stated that If the Board had not
been able to meet tonight, or if they do not agree with the ABCC suggestion, then Ricky's
liquors would have a much greater chance of success at getting a stay from a court this
week.
Mr. Ensminger spoke about the Board revisiting their guidelines to ensure that flexibility for
' different circumstances is made very clear, and Mr. Miyares said that the ABCC did
recognize their current guidelines did have such a disclaimer that allowed Flexibility, but that
it was a reasonable Idea for the Board to examine those guidelines in light of these recent
events. Mr. Cormier asked that both the Police department and RCASA be Involved in any
such discussion about liquor policy guidelines, and Mr. Halsey agreed.
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Board of Selectmen Ming*es - October 0 2014 page 2
Mr. Halsey said that it was clear that the Board's message had been delivered with the
length of the suspension. To speak for himself, It was never his Intent to ruin a business, ,
but it seemed as if the Board did not get their full attention the first time around as another
violation happened so quickly. Other Board members agreed with that assessment. Mr.
Mlyares said he pointed out to the judge deciding the original request to stay the suspension
that the business had no other employees, and aside from rent paid suffered no real
economic loss.
Mr. Ensminger asked If the ABCC decision was binding, and Mr. Miyares said that it was not
- merely a suggestion, but one the Board should take seriously. Mr. Cormier said that the
50 + 40 day suspension was historic, and the Board should be very pleased with the
strength of the message delivered to the entire community. Mr. Miyares noted that the
ABCC cited three violations, and under current Selectman's policy the fourth violation
Includes the possibility of license revocation. Ms. West thanked Town Counsel and the Police
department for a job well done.
Mr. Ensminger moved that the Board of Selectmen accept the recommendation of
the ABCC dated October 17, 2014 and vote to amend Its Prior vote so as
to suspend the liquor license for lav & Ricky Inc DBA Ricky's Liquor for a period
of ninety (90) days. with fifty (50) days to be served/closed and forty (40) days
to be held in abeyance for a period of two (2) years Provided no further violations
of Chapter 138, Local Board. or Commission Rgqulations occur, The fifty (50) day
Period shall begin on September 3. 2014 and expire on October 23 2014 The
licensee did not appeal a four (4) day suspension imposed earlier this year, so the
four (4) day suspension will be served as voted on Seotember 2 2014 to begin at
the end of the current suspension Period, beginning October 23. 2014, and ending
on October27. 2014, seconded by Mr. Sexton, and approved by a 4-0-0 vote.
The liquor license shall be available at Town Hall In the Town Manager's Office between
8:00am and Spm on Monday, October 27"'.
Mr. Sexton moved to adfourn at 7*25pm. seconded by Mr. Halsey. and passed b
y a
4-0-0 voteX. �,
�pectfull
!/LtMM (tet bmi
Secretary V
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