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HomeMy WebLinkAbout2004-09-28 Board of Selectmen Minutes Board of Selectmen Meeting September 28,2004 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 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectman George Hines, Town Counsel Ellen Doucette, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Attorney Brad Latham, Arnold Rubin, Paul Duffy, Kalpesh Patel, Arvind Patel, Naomi Kaufinan, Attorney Marls Favalaro, Arthur Sordillo. Personnel and Appointments Memorial Park Committee — The applicant was unable to be present. This will be put.on the October 5, 2004 agenda. Discussion/Action Items Hearin; —Package Store Liquor License, Atlantic Food Mart, 30 Haven Street — The Secretary read the hearing notice. The Town Manager noted that the only package store license that is available is an all alcoholic license. There is only one license that is available. He suggests opening the hearing, hear the information, close the hearing, then deliberate. He also noted that Selectman Joseph Duffy was not present tonight because his son Paul Duffy is the Manager of the Atlantic Food Mart who is applying for the license so he recused himself from the meeting. Town Counsel Ellen Doucette noted that the deliberations on the Atlantic can continue after closing the hearing. The Town Manager noted that the Petroleum Group license application was referred back to the Town by the ABCC because the original license they applied for didn't exist, and the Selectmen need to specify why they are denying the license. The hearing tonight is on a newly filed application and not the remanded application. Attorney Brad Latham, Atlantic Owner Arnold Rubin and Atlantic Manager Paul Duffy were present. Attorney Latham gave the Town Manager the affidavit with the return receipts for the file. Attorney Latham noted that the Atlantic Food Mart was founded over 75 years ago. The Rubin family has an excellent reputation. Arnold Rubin is at the store at least 40 hours.per week. He gave the gymnasium to the YMCA. The Manager Paul Duffy is a longtime resident of Reading. Attorney Latham reviewed a list of other towns that sell liquor in their grocery stores. He noted that the purpose of the license is to serve the citizens. The storage will be in the basement in an area that is locked and alarmed. The Manager has experience with inventory control and Board of Selectmen Meeting—September 28, 2004—Page 2 security. The biggest concerns will be theft and selling to underage. He feels the fact that the area is wide open at the counter is a good deterrent to minors. They will be installing an electronic surveillance. Attorney Latham read a letter from Gene Nigro who is in favor of Atlantic having a package store liquor license. The Town Manager noted that Page 21 of tonight's handout had a memo from Health Administrator Jane Fiore. She notes that she asked Paul Duffy some questions and he answered all of them satisfactorily. There have been seven tobacco compliance checks in three years at the Atlantic and they did sell to a minor once. There is a letter from Detective Kevin Patterson who indicates that the Police Department has no objection to a package store liquor license being issued. Selectman George Hines asked what aisle the liquor would be displayed in. Attorney Latham indicated that it would be the last aisle. Selectman Hines indicated that he had concerns about the location, and asked Town Counsel if the whole store would be shut down for a violation. Ms. Doucette noted that it would only be for the alcohol. Arnold Rubin noted that it is his reputation on the line. The computerized program will require the birthday to be entered. He also noted that if a cashier is under 18, the customer will be asked to hold the liquor until* last and the Manager will ring it up. Employees will be trained by professional trainers and the employees will have to sign paperwork. Selectman Hines had concerns about cashiers under age 18, and Mr. Rubin noted that someone of age will check the ID, ring the alcohol in the register, and put the product in the carriage. Paul Duffy noted that they have a store shopper who* comes in two times per week and does a compliance check. He also noted that there are always two Managers on duty — the Store Manager and the Front End Manager. Selectman George Hines asked what is currently sold in that aisle, and Mr. Duffy indicated that this is the bargain aisle. Mr. Duffy also indicated that when employees are in the store and it is closed,there will be surveillance. Chairman Richard Schubert asked how controlled the access and egresses are and if the cameras are not being watched all the time, how do they check their stock. Mr. Duffy indicated that they have three alarm systems. The stock is "pay at the door" -- they scan the product at the door and then scan it going out. Chairman Richard Schubert asked about the storage area. Mr. Duffy noted that the conveyor belt goes right into the storage area and it will be locked and monitored by an alarm company. Selectman Gail Wood had concerns about the location in the store. She thought that it would be separate like the cleaners. Attorney Latham noted that the Butcher Boy sells liquor and it is not segregated. If there is good management, it will work. Arnold Rubin indicated that he will not be selling kegs of beer. Board of Selectmen Meeting—September 28, 2004—Page 3 Vice Chairman Camille Anthony asked if this will delay check out, and Attorney Latham noted that is where good management come into place. The Town Manager asked if someone will always be watching the video surveillance, and Mr. Rubin noted that it will be record and view. The Town Manager asked if the license will be pledged, and Attorney Latham indicated that it will not. The Town Manager noted that the deliveries can be only during business hours. Naomi Kaufman of 64 Woburn Street noted that she supports the grocery store but noted that there are other liquor stores in the area, and asked if there is a need for it. Mr. Rubin noted that he has not done a market research but he has a suggestion box, and there has been a request to sell wine. Town Counsel Ellen Doucette noted that it is appropriate to look at where the other package stores are located in relation to the proposed license location in the interest of assessing the public convenience. Selectman George Hines asked if there was a beer and wine package store license, would that be his preference. Mr. Rubin indicated that it would be his preference, if he had a choice. The majority of what he will sell is cold beer and wine. Selectman Hines asked if he was installing a chiller, and Mr. Rubin indicated that there is already one at the end of the aisle. A motion by Hines seconded by Wood to continue the hearing to later this evening was approved by a vote of 4-0-0. Hearing—Package Store Liquor License, Petroleum Group LLC, 4 West Street— The Secretary read the hearing notice. Attorney Mark Favalaro and Store Manager Arthur Sordillo were present. The Town Manager noted that this is considered as a new hearing. This application is for a full package store license --the last one was for beer and wine which we don't have. Attorney Favalaro noted that this is a first class gas station/convenience store. He showed a map with the locations of all the package stores in Reading. He indicated that the Downtown area has three already, and the fourth is being proposed. He submitted a petition that 212 Reading residents signed. He is requesting an all alcoholic package store license but they will sell only beer and wine. The display will be directly in sight of the cashier. The cash registers will be designed for age calculation. He noted that there is a memo from Health Administrator Jane Fiore indicating that there was one incident of selling cigarettes to a minor. Attorney Favalaro referred to Chapter 138, Section 23 that states the public need, desire of citizens and location should be considered when approving a liquor license application. He is requesting the Board of Selectmen to consider the geographic location. He is requesting an all alcoholic package store license but will sell only beer and wine. Board of Selectmen Meeting—September 28 2004—Page4 Arthur Sordillo noted that training is very important. The incident of selling cigarettes to a minor was while a new person was being trained. He will have a new system that will require a date of birth. The Town Manager noted that the memo from Jane Fiore indicates that the facility is fairly new and there was one sale to a person underage. There are also minor food inspection issues. Chairman Richard Schubert noted that the memo also states that it is unusual for a sale to a minor to occur within the first 10 months of being in operation. The Town Manager noted that there is also a memo from Detective Kevin Patterson indicating that the Police Department is not opposed to a package store liquor license being issued to them. Selectman George Hines asked how many people who signed the petition were of legal age and did he check ID's. Mr. Sordillo noted that he asked if they were of age but did not check ID's. Selectman Hines noted that he went in that store and it was very small and crowded. Mr. Sordillo noted that the Hookset store is half the size. He will cut back on the Coke and Pepsi to make room. Selectman Hines asked how frequently two cashiers work, and Mr. Sordillo indicated that there would be two cashiers, with one behind the counter. Selectman Hines asked if he would hire someone under 18 years old, and Mr. Sordillo indicated that he would. Vice Chairman Camille Anthony asked what the hours of operation were. Mr. Sordillo noted that the hours of operation were 5:00 a.m. to midnight and 6:00 a.m. to midnight on Sundays. The Town Manager noted that the Town Bylaws do not allow businesses to open before 6:00 a.m. Vice Chairman Camille.Anthony noted that the store is open longer hours than the liquor license would allow, and asked what provision would he put in place. Mr. Sordillo noted that the coolers are lockable and they can be covered. He will also consider closing earlier if he gets the license. The Town Manager asked where else the liquor would be displayed aside from the four bays and the display near the entrance. Mr. Sordillo noted on a gondola. The Town Manager noted that it would be easy for someone to walk out with nips or test tubes of alcohol. Town Counsel noted that the Selectmen cannot prohibit the sale of these items but can restrict to behind the counter. Selectman,George Hines asked if there was a video system, and Mr. Sordillo noted that there was record and view. The Town Manager asked about the storage, and Mr. Sordillo indicated that there is no room in the back so it would be in the cooler and on display. The Town Manager asked if the beer and wine cooler is separate from Dunkin' Donuts. Mr. Sordillo noted that Dunkin' Donuts has free access to it. Board of Selectmen Meeting—September 28, 2004—Page 5 Chairman Richard Schubert asked if he had any control of the Dunkin' Donuts employees, and Mr. Sordillo indicated that he did not, Chairman Schubert asked if Dunkin' Donuts employees had access to the cooler, if they would have access to the beer and wine, and Mr. Sordillo indicated that they would. Selectman George Hines asked if all of the Clerks would be trained, and Mr. Sordillo indicated that they would. The Town Manager asked how he would restock. Mr. Sordillo indicated that he would have two deliveries per week. The Town Manager asked what he would do on Superbowl Sunday, and Mx. Sordillo indicated that he would make the display bigger. The Town Manager noted that he is restricted to the area that is on the plan submitted. He asked if the license will be pledged, and the response was no. The Town Manager noted that deliveries have to be made during business hours. Also, the Fire Department requires that there always be one employee with their attention only on the pump. Attorney Latham noted that a package store on the Woburn line is not convenient. It is more convenient to buy liquor while you are shopping, and he noted that the type of operation and reputation should also be considered. Attorney Favalaro noted that it is more convenient to buy beer and wine while purchasing gas. He also noted that a lot of people travel to and from work through Woburn. He noted that this is a small convenient store and this would be a way for the owner to increase income. Vice Chairman Camille Anthony asked Mr. Sordillo how many people would be working at his store', and he stated that it depends on the day—sometimes it might be one person. A motion by Hines seconded by Wood to close the hearing for the Package Store Liquor License at 30 Haven Street was approved by a vote of 4-0-0. A motion by Hines seconded by Wood to close the hearing for the Package Store Liquor License at 4 West Street was approved by a vote of 4-0-0. Selectman George Hines noted that he felt the application for the Atlantic Food Mart was the most appropriate of the two applications tonight. Selectman Gail Wood asked if the applicants can sell just beer and wine. The Town Manager noted that they can but the Selectmen cannot condition it. Vice Chairman Camille Anthony noted that she concurred with Selectman George Hines. She feels that control is an issue and doesn't think it would be achieved at West Street. Chairman Richard Schubert noted that location is a consideration, and he feels that it is more convenient to purchase everything at one stop. He also feels that one trip will encourage downtown shopping. Board of Selectmen Meeting—SgRtember'28, 2004—Page 6 Selectman Gail Wood noted that the addresses on the West Street petition are from that side of Town. It would minimize the trips for them but she has concerns about one person working. The Town Manager noted that the Fire Department requires that one person be there just to watch the gas. Selectman George Hines proposed that the Selectmen pursue beer and wine licenses in the near future. Chairman Richard Schubert asked if conditions can be put on the license I regarding surveillance. Town Counsel noted that it is appropriate to control surveillance, location by size of bottle, scanning and inventory of product. The Town Manager noted that he didn't feel that either plans presented are detailed enough, and he suggest that they improve on it and come back to the Selectmen as a condition. A motion by Anthony seconded by Wood to approve the application for an All Alcoholic Package Store License for Atlantic Food Mart, Inc. at 30 Haven Street for a term expiring December 31,2004, subject to the following conditions• 1. All Bylaws,Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed. 2. 'Any alcohol in containers less than 115 quart including pints and so called "nips" be sold in a controlled, secure and enclosed location. 3. Within 45 days of approval of license, the applicant will submit new plans detailing all aspects of the location for sale and display including security and checkout locations. 4. Applicant will consider moving the displgy to apart of the store that is closer and more visible to the front of the store. 5. All proposed security features, including the cash register system that prohibits -sale to a person under 21 years of age will be installed prior to operating under this license. 6. System of check out controls for cashiers under 18 years of age shall be in place prior to operation of this license. The motion was approved by a vote of 4-0-0. Attorney Favalaro,moved to withdraw the application for 4 West Street without prejudice. A motion by Hines seconded by Wood to accept Attorney Favalaro's motion to withdraw without Prejudice was approved by a vote of 4-0-0. A motion by Hines seconded by Wood to adjourn the meeting of September 28 2004 at 11:00 p.m. was approved by a vote of 4-0-0. Resnectfully submitted, Secretary