HomeMy WebLinkAbout2011-07-05 Board of Selectmen PacketDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
JULY 5, 2011
Anthony, Golly, r , ' y a, Ro}m--el-i, Schubert Hechenbleikner
3a) 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 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.
Move 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.
Move that Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant,
76 Haven 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 June 22, 2011.
Move that the day suspension for Palatat Pattenesuan d/b/a
Bangkok. Spice Thai Restaurant, 76 Haven Street, take place on
through , 2011; that the license be surrendered
tot 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".
3b) Move that the Board of Selectmen close the hearing on the possible
modification, suspension or revocation of the Club License to Expose,
Keep 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
0
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 Home Building Corp. of. Reading
Council K. OF C Inc d/b/a Knights of Columbus, 11 Sanborn 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.
Move that Home Building Corp. of Reading Council K. OF C Inc d/b/a
Knights of Columbus, 11 Sanborn 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
June 23, 2011.
Move that the day suspension for Home Building Corp. of Reading
Council K. OF C Inc d/b/a Knights of Columbus, 11 Sanborn Street,
take place on through , 2011; that the license be
surrendered tot 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".
3e) 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 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.
Move that the Board of Selectmen find KOK, Inc d/b/a Oye'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.
Move that KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive 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 June 22, 2011.
(5)
Move that the day suspension for KOK, Inc d/b/a Oye's, 26
Walkers Brook Drive take place on through , 2011;
that the license be surrendered tot 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".
3d) 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 June 23, 2011.
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 June 23, 2011.
Move that the day suspension for Reading Fine Wines, LLC d/b/a
The Wine Shop of Reading, 676 Main Street take place on
through , 2011; that the license be surrendered tot
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 "closed due to a
suspension of the liquor license for sale of liquor to an underage
person".
Move that the Board of Selectmen adjourn the meeting at p.m.
(9
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.
3-14 Board of Selectmen Policies
®IJICE EP
OFFICE OF T CHIEF
James W Cormier
Chief of Police
15 Union Street, Reading, Massachusetts 01867
Emergency Only: 911 All Other Calls: 781-944-1212 Pax: 781-944-2893
E-Mail: JCormier@ci.reading.ma.us
Honorable Board of Selectmen
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 June 22, 2011:
Bangkok Spice Thai Restaurant
76 Haven Street
Reading, MA 01867
On June 23, 2011:
The Wine Shop
676 Main Street
Reading, MA 01867
Sincer ly,
James W. ormier
0
Chief of Police
Oye's Restaurant and Bar
26 Walker's Brook Drive
Reading, MA 01867
Knights of Columbus
11 Sanborn Street
Reading, MA 01867
cm
r.'
~o
o~
co
S
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
Penal
1st
Offense
Warning to three days suspension
2°
Offense
Three days to six days suspension
3r
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 Board of Selectmen Policies
LEGAL NOTICE
TOWN OF READING
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, July 5; '
2011 at 7:00 p.m. in 'the
Selectmen's Meeting Room, 16
Lowell Street, Reading, .
Massachusetts to show cause
why Palatat Pattenesuan d/b/a
Bangkok Spice Thai Restaurant,
76 Haven Street,. Reading,
Restaurant License to Expose,
Keep for Sale and to Sell Wine
and Malt Beverages to be Drunk
on the Premises should not :be
modified, suspended or revoked
for violating G.L. Chapter. 138,
§34 on June 22, 2011 to wit: the
sale or delivery of alcoholic bev-
erages 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 I. Hectienbleikner
Town Manager
6/28 9
Town of Reading
16 Lowell Street
Reading, IAA 01867-2685
ASSISTANT TOWN MANAGERXINANCE DIRECTOR
(781) 942-6636
FAX: (781) 942-9037 Email: finance@ci.reading.ma.us
Delivered in Hand
June 27, 2011
Palatat Pattenesuan
Bangkok Spice Thai Restaurant
76 Haven Street
Reading, MA 01867
NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Pattenesuan:
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, July 5, 2011
at 7:00 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 Wine
and Malt Beverages to be Drunk on the Premises should not be modified, suspended or
revoked for violating G.L. Chapter'l38, §34 on June 22, 2011 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.
Sincerely,
Bob LeLacheur, Assistant T
Encl.
cc: Town Counsel
Chief James Cormier
Alcoholic Beverages Control Commission
0
READING POLICE DEPARTMENT 06/22/11 23:13
DD.RINC6 PAGE: 1
v5.5n
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#:
rpt date: 06/22/11 22:37 reported: WEDNESDAY 06/22/11 18:30
from date: to
ucr: 957 DET SPECIAL ASSIGNMENT
location: ABCC COMPLIANCE
follow up by: NONE NEEDED
officer:
Change Status:
comp/vict notify: N
cir/involve type:
Solvability Factors CIR:
case status: CLEARED NORMAL
rpt status: COMPLETE
review officer: 53 SGT DET SEGAS,LA
sup review officer:
complaint: ABCC GRANT (COMPLIANCE CHECKS)
reporting officer: 72 S.R.O. SANTASKY assignment: C53 SGT car: 7GALLA
second officer: •64 DET. HALLORAN sup/back-up:
NAMES
hone dob ss#
type mast# name/add. p INVOLVED 058126 PATTANESUAN,PALARAT
- -
Y J
INVOLVED 11OB59 KELLY t~7~~2C~b1lG~
INVOLVED 12076B ZHENG, JIl,'~ x SIG
t
INVOLVED 122781 PENGMA,PAPHADA
t
INVOLVED 122782 TUNG,WAI
INVOLVED 122785 OYES,
26 WALKERS BROOK'READING MA 01867
INVOLVED 122786 SPICE,B6 HAVEN READING MA 01867
NARRATIVE
The following is a summary of facts of an incident that occurred on
06/22/2011. I was working with Sgt Det. Segalla and Detective
Halloran conducting alcohol compliance checks of all the restaurants
6
LNC 6
s5. 5h
' CASE#: D084218
/rg.case#:
READING POLICE DEPARTMENT 06/22/11. 23:13
PAGE: 2
INVESTIGATIVE ACTION REPORT
NARRATIVE
and lounges in Reading. .
At approximately 7:00 pm Sgt Det. Segalla, the Criminal Division
Commander conducted a training for our under age operative, Kelly
SAMINEM During the training she was photographed and
given a portable breath test that registered 0.0. She was given
$20.00 for the purpose of the compliance checks and left all other
property secured in the police station. The training was completed at
approximately 7:x.5 pm. Ms. UMEM was assigned to both Sgt. Segalla
and myself.
We conducted our first check at the Venetian Moon located at 680 Main
Street. At 7:26 pm Ms. INNEMM entered the establishment empty
handed. At 7:27.pm she exited the establishment empty handed. She
stated that an identification was requested by the clerk and she left
the establishment.
At 7:28 pm Ms. entered Restorante Pavarotti located at 6D1
Main Street. At 7:30 pm she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 7:33 pm Ms. TMUZEMP entered Bangkok Spice located at 76. Haven
Street. At 7:33pm Sgt. Segalla and I observed Ms. sit down
at a table and a waitress walk up to her and speak to her. The
waitress then walked away and several moments later returned to Ms.
table with a 12oz Bud Light bottle. At this time, we
observed two waitresses speaking to Ms. At this time, we
entered the restaurant. Ms. stated that she was served one
12oz Bud Light Bottle. She stated that the waitress served her the
drink without requesting identification. She made a positive
identification of the waitress by pointing and stating "that's her,
the waitress standing at the entrance to the kitchen." Ms.
returned to our vehicle while Sgt. Segalla and I approached the
waitress. We.identified ourselves as Reading 'Police Officers and
asked to talk to her in private. The waitress was identified as Ms.
Paphada Pengma (WRINM of Massachusetts. Ms.
Pengma was made aware of the operation and that she had sold alcohol
to a minor without requesting identification. Ms. Pengma stated she
did serve her and was sorry. Sgt. Segalla asked Ms. Pengma to speak
with the restaurant manager. The manager was identified as Mr.
Palarat Pattanesuan ( ) of Massachusetts.
Mr. Pattanesuan was made aware of the operation and that the
waitress had sold alcohol to a minor without requesting
identification. Mr. Pattanesuan was advised by Sgt Segalla that a
report of the incident will be forwarded to the local liquor
licensing board for a hearing due to the violation.
(D
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE: 3
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#: s
NARRATIVE
At 43 pm Ms. dommINNIUM entered. Columbo's Restaurant located at 2
Brande Court. At 7:44 pm she exited the establishment. She stated
that the clerk informed her that they no longer sell alcohol
beverages. \
At 7:48 pm Ms. entered Cafe' Capri located at 355 Main
Street. At 7:48 pm she exited the establishment. She stated that an
identification was requested by the bartender and she left the
establishment.
At 7:58 pm Ms. entered Grumpy Doyle's Bar located at 530
Main Street. At 7:59 p)m she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 8:01 pm Ms entered Sam's Bistro located at 107 Main
Street. At 8:02 pm she exited the establishment. She stated that
identification was requested by the bartender and she left the
establishment.
At 8:08 pm Ms. entei~e`6 Uddruckers Restaurant located at
Walkers Brook Drive. At 8:12 pm she exited the establishment. She
stated that an identification was requested by the clerk and she
the establishment.
an
50
left
At 8:14 pm Ms. entered Chilli's Restaurant located at 70
Walkers Brook Drive. At 8:15 pm she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
At 8:17 pm Ms. *6ntered Macaroni Bar and Grill located at 48
Walkers Brook Drive. At 8:18 pm'she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
At 8:18 pm Ms. entered Oye's Restaurant located at 26
Walkers Brook Drive. At 8:21 pm'she exited the establishment. She
stated that she was served one 12oz Bud Light Bottl.e. After being
served she stated the bartender took the $20.00 bill she produced and
gave her $16.25 back. She stated that the bartender served her the
drink without requesting identification. Ms. was brought to
the entrance of the establishment by myself. She made a positive
identification of the bartender by pointing and stating "that's him,
the bartender with the bald head, glasses and black shirt standing
inside the bar." Ms. returned to our vehicle while I
approached the hostess. I identified myself as a Reading Police
officer and asked to talk to his manager. The manager was identified
as Ms. Jian Qing Zheng q0IMM) of Massachusetts'.
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE: 4
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#:
NARRATIVE
Ms. Zheng was made aware of the operation and that the bartender had
sold alcohol to a minor without requesting identification. Ms. Zheng
then brought the bartender over to speak with me.,He was identified
as Mr. Wai Tung ) of Massachusetts.
Mr. Tung. was made aware of the operation and that he had sold
alcohol to a minor without requesting identification. Mr. Tung stated
that the minor walked up to him, asked for a drink and that he
thought she was sitting at a table and served her a Bud Light. Ms.
Zheng was advised by me that a report of the incident will. be
forwarded to the local liquor licensing board for a hearing due to
the violation.
At 8:30 pm Ms.. entered Bertucci's Restaurant located at 45
Walkers Brook Drive. At 8:31 pm she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
At 8:31 pm Ms. 4. entered Longhorns Grill located at 39 Walkers
,Brook Drive. At 8:32 pm she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 8:37 pm Ms. entered Mandarin Restaurant located at 296
Salem St. At 8:37 pm she exited the establishment. She stated that an
identification was requested by the bartender. Ms. a photo
and PBT results (0.0) were again taken at the station.
Violations: M.G.L. Ch138, &34 - Sale or Delivery of an alcoholic
beverage to a person less than twenty-one years of age (2 Counts).
A copy of this report will be forwarded to the Liquor Licensing Board
to conduct a-hearing into the matter.
Solvability Factors -
Eliminated by Investigation:
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs Composite [ ] Fingerprints [ ] Other [ ]
[ ] ~
Performed by:
gen status:
9
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE: 5
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#:
nv gating Officer's Signature
,3
SALLY M. HOYT & ASSOCIATES
P.O. BOX 531, READING, MA 01867
TELEPHONE: 781-944-1191 -FAX: 781-944-1 191
E-MAIL: sallyhoyt@hotmail.com
OFFICER'S PROOF OF SERVICE
I, Sally M. Hoyt, Constable of Reading, hereby swear under the
penalties of Perjury that on Monday, June 27, 2011, at 5:40 P.M., I served
the following documents in hand to the within named Palatat Pattenesuan,
Bangkok Spice Thai Restaurant, 76 Haven Street, Reading, MA 01867:
1. Letter of Notice of Hearing at the Selectmen's Hearing Room,
Reading Town Hall, Reading, MA 01867 on June 5, 2011,
addressed to Palatat Pattenesuan, Bangkok Spice Thai
Restaurant, 76 Haven Street, Reading, MA 01867;
Page 1, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218;
Page 2, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011. No. D084218;
Page 3, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218;
Page 4, a copy of Reading Police. Department Investigative Action
Report dated June 22, 2011, No. D84218, and
Page S. a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D~84218:
Constable and
Disinterested Person
14 ~ Rd 6z Nnr 1102
LEGAL NOTICE
TOWN OF READING
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, July 5,
2011 at 7:20 p.m in the
Selectmen's Meeting Room, 16
Lowell Street, Reading,
Massachusetts to show cause
why Home Building Corp. of
Reading Council K. OF C Inc
d/b/a Knights of Columbus, 11
Sanborn Street, Reading, Club
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 June 23,
2011 to wit: the sale or delivery
of alcoholic beverages to a per-
son 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
6/28
ASSISTANT TOWN MANAGERXINANCE DIRECTOR
(781) 942-6636
FAX: (781) 942-9037 Email: finance&i.reading.ma.us
Delivered in Hand
June 27, 2011
Steve Kintigos
Knights of Columbus
11 Sanborn Street
Reading, MA 01867
NOTICE OF HEARING
Alleged Violation -M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Kintigos
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, July 5, 2011
at 7:20 p.m. in the Selectmen's Meeting Room, Town Hall, 16 Lowell Street, Reading, MA,
to show cause why your Club 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 June 23, 2011 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.
Sincerely,
Alf~ Akr Bob LeLacheur, Assistant Tow Ma ager
Encl.
cc: Town Counsel
Chief James Cormier
Alcoholic Beverages Control Commission
DD.RINC6 READING POLICE DEPARTMENT 06/27/11 10:28
PAGE: 1
v5.5n
INVESTIGATIVE ACTION REPORT
CASE#: D084229
org.case#:
rpt date: 06/23/11 21:31 reported: THURSDAY '06/23/11 19:00
from date: to
ucr: 957 DET SPECIAL ASSIGNMENT
location: ABCC COMPLIANCE CHKS case status: OPEN
fallow up by: NONE NEEDED rpt status: PRELIMINARY
officer: ~
Change Status: review officer:
comp/vict notify: N sup review officer:
cir/involve type:
Solvability Factors CIR:
complaint: DETECTIVES WORKING ABCC COMPLIANCE CHECK
assignment: C car: 54
orting officer: 54 DET. HOLMES
second officer: 31 DET. IAPICCA sup/back-up: 36 DET. SAUNDERS
NAMES
phone dob ss#
type mast# name/add
INVOLVED 025145 KELLEY,JUDITH M - - _En 77
INVOLVED 067746 FERGUSON,JOHN
ur~7i. c~7 C~'[~1911
z
INVOLVED 091116 MICHAEL
PROPERTY
prop.type make mod/style color ser#/vin#
EVIDENCE rpt'd: 06/23/11 class: 02
ALCOHOL BUD LIGHT BLUE
0 ncic:
id/desc: SIX PACK OF BUD LIGHT CANS 120 value: $
reg 080439 - WINE SHOP OF READING
control bin analy
gen note: SEIZED AS EVIDENCE FROM UNDERAGE ALCOHOL PURCHASE STING
NARRATIVE
On Thursday 6/23/11, I along with Detectives Mike Saunders and Pat
Iapicca conducted alcohol compliance checks of Reading's liquor
T
,,RINC6 READING POLICE DEPARTMENT
v5.5n
INVESTIGATIVE ACTION REPORT
'CASE#: D084229.
org.case#:
06/27/11 10:28
PAGE: 2
NARRATIVE
stores, Veteran's clubs, and the Knights of Columbus Hall during the
hours of 7pm and llpm. Our main objective that evening was to check
to make sure that retail liquor stores, veteran's clubs,. and
fraternal organizations were not selling alcohol to minors under 21
years of age and checking for valid forms of identification.
At or around 7:00pm we started our operation. We used Michael
MEMERM dob as our underage operative to conduct the
compliance checks. WINNINIMM did so voluntarily. Before beginning, we
conducted a brief training for COONNEft in which he was photographed
and administered a portable breath test to check his sobriety in
which he registered a BAC of 0.0. We explained to FaILINIM what we
expected of him and he was given $20 cash from the department to use.
doffisow was checked before going into the establishments to make
sure he did not have any identification or money. His wallet was left
in our cruiser.during the operation.
Over -the course of the next four hours we sent mOMEMM into Busa's
Liquors at 345 Main St, Square Liquors at 11 High St, Northside
Liquors 150 Main St, and The Wine Shop.at 676 Main St. He was
instructed to attempt to purchase a six pack of bud light beer.
The Wine Bunker at 1 General Way closed at 8pm and we were unable to
perform the check.
At or around 7:54pm OREM entered the Wine Shop at 676 Main St
and took a six pack of bud light cans to the check out counter. He
stated that the female clerk engaged him.in conversation asking him
if he was a "Reading cop". She then stated that'she.would "put the
beers in a bag so the Reading Police wouldn't see him with the beers
in the open". He paid $6.49 for the beers in cash and left the store
and reported immediately back to us~ ~ stated that she never
asked him for any identification.
Detectives Iapicca and Saunders along with z ' went back into
the store and el Pointed out the clerk who served him to them.
She was identified by the Detectives as Judith Kelly dob
MA. 'They informed Kelly of the compliance checks
and she stated that she sold to him because = engaged her in
conversation about beers and wine and it confused her,
stated to us that he never had any conversation with Kelly. Kelly
admitted to the detectives that she never asked CZZIYE~. for any
identification.
We also sentinto the Reading Overseas Veterans club at 575
Main St, Knights of Columbus 11 Sanborn St, and the American Legion
Post at 37 Ash St. He was instructed to attempt to purchase a single
bud light beer. We were unable to perform a check at the Meadow Brook
Country Club at 292 Grove St as it was closed for the evening.
DD. RINCG READING POLICE DEPARTMENT 06/27/11 10:28
v5.5n PAGE: 3
INVESTIGATIVE ACTION REPORT
CASE#: D084229
org.case#:
NARRATIVE
At or around 8:30pm t, went into the Knights of Columbus
located at 11 Sanborn St. He rang the outside buzzer and was let in.
Once inside he proceeded to the bar and ordered a Budweiser beer. He
was served by the male bartender and stated that he paid $2.50 and
then walked out and reported to us that he was served. .
Detectives Saunders, Iapicca and I along with SONSOM went inside
the Knight of Columbus. 99FE319-7`1-2i pointed out the male bartender to us
who served him and left. We proceeded over to the bartender and
identified ourselves as Reading Police Officers and why we were
there. The bartender identified himself as John Ferguson dob Lr'
Wa-~. MA. Ferguson stated to us that he did not
ask `-.,.x 'or any identification and he should have. Further he
stated that never paid for the beer. Once outside we asked
JIMES4h again if he paid for the beer and he stated that he did..
At the end of the operation 's picture was taken again and
he was administered another breath test which showed his BAC to be
0.0. He also gave us the remaining money back from the initial $20
which was $11.01; $G:49 for the six pack at the Wine Shop and $2.50
for the single beer at the K of C. Pictures of along with
his RMV and BOP are included with this report.
Violations: MGL (c)138 - (s)34 Sale or Delivery of an alcoholic
beverage to a person under the age of 21years of age (2 counts).
Solvability Factors -
Eliminated by Investigation:
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite [
Fingerprints [
Other [
Performed by:
gen status:
gffickr'
Investigating =PSi/~q-nature
Date
0
SALLY M. HOYT & ASSOCIATES
P.O. BOX 531, READING, MA 01867
TELEPHONE: 781-944-1191 -FAX: 781-944-1 191
E-MAIL: sallyhoyt@hotmail.com
OFFICER'S PROOF OF SERVICE
I, Sally M. Hoyt, Constable of Reading, hereby swear under the penalties
of perjury that on Monday, June 27, 2011, at 5:35 P.M. I served the
following documents In Hand to the within named Steve Kintigos, at the
Knights of Columbus Building, 11 Sanborn Street, Reading, MA 01867:
1. Letter of Notice of Hearing at the Selectmen's Hearing Room,
Reading Town Hall, Reading, MA 01867 on July 5, 2011;
Page One of Reading Police Department Investigative Action Report,
Case No. D084229, Dated June 27, 2011;
Page Two of Reading Police Department Investigative Action Report,
. Case No. D084229, Dated June 27, 2011; and
Page Three of Reading Police Department Investigative Action Report,
Case No. D084229, Dated June 27, 2011.
Sally . Hoyt, Const ble
and Disinterested Person
Z ft .E add 6 Z Mr 1101
0
LEGAL NOTICE
TOWN OF READING
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, July 5,
2011 at 7:40 p.m. in the
Selectmen's Meeting Room, 16
Lowell Street, Reading,
Massachusetts to show cause
why KOK, Inc d/b/a Oye's, 26
Walkers Brook Drive, Reading,
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 June
22, 2011 to wit: the'sale or deliv-
ery 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@ciseading.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
6/28
o n o Reading
16 Lowell Street
Reading, MA 01867-2685
ASSISTANT TOWN MANAGERXINANCE DIRECTOR
.(781) 942-6636
FAX: (781) 942-9037 Email: financegci.reading.ma.us
Delivered in Hand
June 27, 2011
Yao Tang
Oye's
26 Walkers Brook Drive
Reading, MA 01867
NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr. Tang:
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, July 5, 2011
at 7:40. 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 should not be modified, suspended or revoked for violating
G.L. Chapter 138, §34 on June 22, 2011 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.
Sincerely,
Encl.
cc: Town Counsel
Chief James Cormier
Alcoholic Beverages Control Commission
Bob L Lacheur, Assistant To anager
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE; 1
INVESTIGATIVE ACTION,REPORT
CASE#: D084218
org.case#:
rpt date: 06/22/11 22:37 reported: WEDNESDAY 06/22/11 18:'30
from date: to
ucr: 957 DET SPECIAL ASSIGNMENT
location: ABCC COMPLIANCE
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: ABCC GRANT (COMPLIANCE CHECKS)
reporting officer: 72 S.R.O. SANTASKY assignment: C car: 72
second officer: •64 DET. HALLORAN sup/back-up: 53 SGT DET SEGALLA
NAMES
type mast# name/add phone dob ss#
_INVOLVED 058126 PATTANESUAN, PALARAT` =T M
k `
VOLVED
110859 LLY yr v~C~~G
r'"~"
IN
INVOLVED
120768
ZHENG, JIF 1 AG
INVOLVED
122'781
PENGMA, PAPRADA
{F
c
INVOLVED
122782
TUNG,WAT
INVOLVED
122785
OYES,
26 WALKERS BROOK'READING MA
01867
INVOLVED
122786
SPICE,BANGKOK
76 HAVEN READING MA 01867
NARRATIVE
The following is a summary of facts of an incident that occurred on
06/22/2011. I was working with.Sgt Det..Segalla and Detective
Halloran conducting alcohol compliance checks of all the restaurants
(i;P
I'
4 NC6 READING POLICE DEPARTMENT 06/22/11. 23:13
v5.5n PAGE: 2
INVESTIGATIVE ACTION REPORT
CASE#: D084218
/sg.case#:
NARRATIVE
and lounges in Reading.
At approximately 7:00 pm Sgt Det. Segalla, the Criminal Division
Commander conducted a training for our under age operative, Kelly
YANIMEM During the training she was photographed and
given a portable breath test that registered 0.0. She was given
$20.00 for the purpose of the compliance checks and left all other
property secured in the police station. The training was completed at
approximately 7:3.5 pm. Ms. ; was assigned to both Sgt. Segalla
and myself.
We conducted our first check at the Venetian Moon located at 680 Main
Street. At 7:26 pm Ms. entered the establishment empty
handed. At 7:27 pm she exited the establishment empty handed. She
stated that an identification was requested by the clerk and she left
the establishment.
At 7:28 pm Ms. entered Restorante Pavarotti located at 601
Main Street. At 7:30 pm she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 7:33 pm Ms. entered Bangkok Spice located at 76 Haven
Street. At 7:33pm Sgt. Segalla and I observed Ms.sit down
at a table and a waitress walk up to her and speak to her. The
waitress then walked away and several moments later returned to Ms.
table with a 12oz Bud Light bottle. At this time, we
observed two waitresses speaking to Ms. At this time, we
entered the restaurant. Ms. stated that she was served one
12oz Bud Light Battle. She stated that the waitress served her the
drink without requesting identification. She made a positive
identification of the waitress by pointing and stating "that's her,
the waitress standing at the entrance to the kitchen." Ms. C
returned to our vehicle while Sgt. Segalla and I approached the
waitress. We identified ourselves as Reading Police Officers and
asked to talk to her in private. The waitress was identified as Ms.
Paphada Pengma ( of ¥i.- _ Massachusetts. Ms.
Pengma was made aware of the operation and that she had sold alcohol
to a minor without requesting identification. Ms. Pengma stated she
did serve her and was sorry. Sgt. Segalla asked Ms. Pengma to speak
with the restaurant manager. The manager was identified as Mr.
Palarat Pattanesuan.( ) of Massachusetts.
Mr. Pattanesuan was made aware of the operation and that the
waitress had sold alcohol to a minor without requesting
identification. Mr. Pattanesuan was advised by Sgt Segalla that a
report of the incident will be forwarded to the local liquor_
licensing board for a hearing due to the violation.
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE: 3
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#: t
NARRATIVE
At -7':43 pm Ms. entered Columbo's Restaurant located at 2
Brande Court. At 7:44 pm she exited the establishment. She stated
that the clerk informed her that they no longer sell alcohol
beverages.
At 7:48 pm Ms. entered Cafe' Capri located at 355 Main
Street. At 7:48 pm she exited the establishment. She stated that an
identification was requested by the bartender and she left the
establishment.
At 7:58 pm Ms.6MUMMUMM entered Grumpy Doyle's Bar located at 530
Main Street. At 7:59 pzn she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 8:01 pm_Ms. o entered Sam's Bistro located at 107 Main
Street. At 8:02 pm she exited the establishment. She stated that an
identification was requested by the bartender and she left the'
establishment.
At 8:08 pm Ms. enter"e '``'Iiddr.uckers Restaurant located at 50
Walkers Brook Drive. At 8:1.2 pm she exited the establishment. She
stated that an identification was requested by the clerk and she left
the establishment.
At 8:14 pm Ms. Entered Chilli's Restaurant located at 70
Walkers Brook Drive. At 8:15 pm she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
At 8:17 pm Ms. °'F 16ntered macaroni Bar and Grill located at 48
Walkers Brook Drive. At 8:18 pm she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
y.... 4 p
At 8:18 pm Ms. entered Oye's Restaurant Dcated at 26
Walkers Brook Drive. At 8:21 pm`she exited the establishment. She
stated that she was served one 12oz Bud Light Bottle. After being
served she stated the bartender took the $20.00 bill she produced and
gave her $16.25 back. She stated that the bartender served her the
drink without requesting identification. Ms. was brought to
the entrance of the establishment by myself. She made a positive
identification of the bartender by pointing and stating "that's him,
the bartender with the bald head, glasses and black shirt standing
inside the bar." Ms.jW, returned to our vehicle while I
approached the hostess. I identified myself as a Reading Police
officer and asked to talk to his manager. The manager was identified
as Ms . Jian Qing Zheng? ) of Massachusetts
9
DD.RINC6 READING POLICE DEPARTMENT 06/22/11 23:13
v5.5n PAGE: 4
INVESTIGATIVE ACTION REPORT
CASE#: D084218
org.case#:
NARRATIVE
Ms. Zheng was made aware of the operation and that the bartender had
sold alcohol to a minor without requesting identification. Ms. Zheng
then brought the bartender over to speak with me..He was identified
as Mr. Wai Tung M ) ofMassachusetts.
Mr. Tung. was made aware of the operation and that he had sold
alcohol to a minor without requesting identification. Mr. Tung stated
that the minor walked up to him, asked for a drink and that he
thought she was sitting at a table and served he.r a Bud Light. Ms.
Zheng was advised by me that a report of the incident will be
forwarded to the local liquor licensing board for a hearing due to
the violation.
At 8:30 pm Ms. entered Bertucci's Restaurant located at 45
Walkers(-Brook Drive. At 8:31 pm she exited the establishment. She
stated that an identification was requested by the bartender and she
left the establishment.
At 8:31 pm Ms: entered Longhorns Grill located at 39 Walkers
.Brook Drive. At 8:32 pm she exited the establishment. She stated that
an identification was requested by the bartender and she left the
establishment.
At 8:37 pm Ms. entered Mandarin Restaurant located at 296
Salem St. At 8:37 ^pm she exited the establishment. She stated that an
photo
identification was requested by the bartender. Ms.
and PBT results (0.0) were again taken at the station.
Violations: M.G.L. Ch138, &34 - Sale or Delivery of an alcoholic
beverage to a person less than twenty-one years of age (2 Counts).
A copy of this report will be forwarded to the Liquor Licensing Board
to conduct a hearing into the matter.
Solvability Factors -
Eliminated by Investigation:
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ ] Composite [y. ] Fingerprints [ ] Other [ ]
Performed by:
gen status:
G
DD.RINC6
v5. 5n
CASE#: D084218
org.case#:
READING POLICE DEPARTMENT
INVESTIGATIVE ACTION REPORT
nv 'gating Officer's Signature
06/22/11 23:13.
PAGE: 5
2~
SALLY M. HOYT, CONSTABLE OF READING
P.O. BOX 531, READING, MA 01867
TELEPHONE: 781-944-1 191 -FAX: 781-944-1191
E-MAIL: sallyhoyt@hotmail.com
OFFICER'S PROOF OF SERVICE
I, Sally M. Hoyt, Constable of Reading, hereby swear under the
uaf .
penalties of Perjury that on , June 12011, at 5:40 P.M., I served
the following documents in hand to Kevin Oye, owner of Oye's Restaurant
and Bar, at 26 Walkers Brook Drive, Reading, MA 01867:
1. Letter of Notice of Hearing at the Selectmen's Hearing Room,
Reading Town Hall, 16 Lowell Street, Reading, MA 01867 on
July 5, 2011, Reading, MA 01867;
Page 1, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218;
Page 2, a copy of Reading Police Department Investigative Action
Report dated June 22, Z01 1. No. D084218;
Page 3, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218;
Page 4, a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218, and
Page 5. a copy of Reading Police Department Investigative Action
Report dated June 22, 2011, No. D084218: and
J
Sally M. oyt, Constable and
Disinterested Person
Zt.~Wd 6ZNfrI10Z
1~t
LEGAL NOTICE
TOWN OF READING
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, July 5,
2011 at 8:00 p.m. in the
Selectmen's Meeting Room, 16
Lowell Street, Reading,
Massachusetts to show cause
why Reading Fine Wines, LLC
d/b/a The Wine Shop of
Reading, 676 Main Street,
Reading, 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 modi-
fied, suspended or revoked for
violating G.L. Chapter 138, §34
on June 23, 2011 to wit: the sale
or delivery of alcoholic bever-
ages 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 I. Hechenbleikner
Town Manager
6/28
ASSISTANT TOWN MANAGER/FINANCE DIRECTOR
(781) 942-6636
FAX: (781) 942-9037 Email: fmance@ei.reading.ma.us
Delivered in Hand
June 27, 2011
Robert Carp
The Wine Shop of Reading
676 Main Street
Reading, MA 01867
NOTICE OF HEARING
Alleged Violation - M.G.L. Chapter 138, §34 - Sale to Minor
Dear Mr: Carp:
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, July 5, 2011
at 8:00 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 June 23, 2011
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.
Sincerely,
Rk4 mn,
Bob LeLacheur, Assistant T n nager
Encl.
cc: Town Counsel
Chief.James Cormier
Alcoholic Beverages Control Commission
~b
DD.RINC6 READING POLICE DEPARTMENT 06/27/11 10:28
v5.5n PAGE: 1
INVESTIGATIVE ACTION REPORT
CASE#: D084229
org.case#:
rpt date: 06/23/11 21:31 reported: THURSDAY 06/23/11 19:00
from date: to
ucr: 957 DET SPECIAL ASSIGNMENT
location: ABCC COMPLIANCE CHKS
follow up by: NONE NEEDED case status: OPEN
officer: rpt status: PRELIMINARY
Change Status: review officer:
comp/vict notify: N sup review officer:
cir/involve type:
Solvability Factors CIR:
complaint: DETECTIVES WORKING ABCC COMPLIANCE CHECK
reporting officer: 54 DET. HOLMES - -assignment: C DET. car: 54,
S
second officer: 31 DET. IAPICCA sup/ p: 36
NAMES
type mast# name/add phone dob ss#
INVOLVED 025145 KELLEY,JTJDITH M~
INVOLVED, 067746 FERGUSON,JOHN
t~n3t7c~2 -J o9
INVOLVED 091116 MICHAEL
PROPERTY
prop.type make mod/style color- -ser#/vin#---
EVIDENCE rpt'd:
ALCOHOL
id/desc: SIX PAI
reg
control
gen note: SEIZED
06/23/11 class: 02
BUD LIGHT , BLUE
-K OF BUD LIGHT CANS 120 value: $0 ncic:
080439 - WINE SHOP OF READING
bin analy
AS EVIDENCE FROM UNDERAGE ALCOHOL PURCHASE STING
NARRATIVE-***
On Thursday 6/23/11, I along with Detectives Mike Saunders and Pat
Iapicca conducted alcohol compliance checks of Reading's liquor
,,RING 6
v5. 5n
i
CASE#: D084229
org.case#:
--READING POLICE DEPARTMENT
INVESTIGATIVE ACTION REPORT
06/27/11 10:28
PAGE: 2
NARRATIVE
stores, Veteran's clubs, and the Knights of Columbus Hall during the
hours of 7pm and llpm. Our main objective that evening was to check
to make sure that retail liquor stores, veteran's clubs, and
fraternal organizations were not selling alcohol to minors under 21
years of age and checking for valid forms of identification.
At or around 7:00pm we started 'our operation. We used Michael
INNEIMM dob as our underage operative to conduct the
compliance checks. did so voluntarily. Before beginning, we
conducted a brief training for effillffiffift in which he was photographed
and administered a portable breath test to check his sobriety in
which he registered a BAC of 0.0. We explained to NMEMISM what we
expected of him and he was given $20'cash from the department to use,
was checked before going into the establishments to make
sure he did not have any identification or money. His wallet was left
in our cruiser,during the operation.
Over the course of the next four hours we sent into Busa.'s
Liquors at 345 Main St, Square Liquors at 11 High St, Northside
Liquors 150 Main St, and The Wine Shop at 676 Main St. He was
instructed to attempt to purchase a six pack of bud light beer.
The Wine Bunker at 1 General Way closed at 8pm and we were unable to
perform the check.
At or around 7:54pm Sao= entered the Wine Shop at 676 Main St
and took a six pack of bud light cans to the check out counter. He
stated that the female clerk engaged him in conversation asking him
if he was a "Reading cop". She.then stated that she would "put the
beers in a bag.so the Reading Police wouldn't see him with the beers
in the open". He paid $6.49 for the beers in cash and left the store
and reported immediately back to us'` stated that she never
asked him for any identification.
Detectives •Iapicca and Saunders along. with G went back into
the store and pointed out the clerk who served him to them.
She was identified by the Detectives as Judith Kelly dob=
MA. They informed Kelly of the compliance checks
and she stated that she sold to him because '-engaged her in
conversation about beers and wine and it confused her. Q'
stated t.o us that he never had any conversation with Kelly. Kelly
admitted to the detectives that she never asked _ for any
identification.
We also sent into the Reading Overseas Veterans club at 575
Main St, Knights of Columbus 11 Sanborn St, and the American Legion
Post at 37 Ash St. He was instructed to attempt to purchase a single
bud light beer. We were unable to perform a check at the Meadow Brook
Country Club at 292 Grove St as it was closed for the evening.
DD.RINC6 READING POLICE DEPARTMENT 06/27/11 10:28
v5.5n PAGE: 3
INVESTIGATIVE ACTION REPORT
CASE#: D084229
org.case#:
NARRATIVE
At or around 8:30pm %MZffljMM went into the Knights of Columbus
located at 11 Sanborn St. He rang the outside buzzer.and was let in.
Once inside he proceeded to the bar and ordered a Budweiser beer. He
was served by the male bartender and stated that he paid $2.50 and
then walked out and reported to us that he was served.
Detectives Saunders, Iapicca and I along with - went inside
the Knight of Columbus. 19229MM% pointed out the male bartender to us
who served him and left. We proceeded over to the bartender and
identified ourselves as Reading Police officers and why we were
there. The bartender identified himself as John Ferguson dob T2=5
MA. Ferguson stated to us that he did not
ask INSESM* for any identification and he should have. Further he
stated that never paid for the beer. Once outside we asked
1ANZWOM again if he paid for the beer and he stated that he did.
At the -end_of the operation 's picture was taken again and
he was administered another breath test which showed his BAC to be
0.0. He also gave us the remaining money back from the initial $20
.which was $11.01; $6:49 for the six pack at the Wine Shop and $2.50
for the single beer at the K of C. Pictures of_ along with
his RMV and BOP are included with this report.
Violations: MGL (c)138 - (s)34 Sale or Delivery of an alcoholic
beverage to a person under the age of 21 years of age (2 counts).
Solvability Factors -
Eliminated by Investigation:
Developed by Investigation:
Remaining for Investigation:
Additional Evidence/Tech Work -
Photographs [ I Composite [
Performed by:
Investigating
~~//S i gnature
f
Fingerprints [ ] Other [
3~
SALLY M. HOYT, CONSTABLE OF READING
P.O. BOX 531, READING, MA 01867
TELEPHONE: 781-944-1 191 -FAX: 781-944-1191
E-MAIL: sallyhoyt@hotmail.com
OFFICER'S PROOF OF SERVICE
I, Sally M. Hoyt, Constable of Reading, hereby swear under the penalties
of perjury that on Monday, June 27, 2011, at 3:05 P.M., I served the
following documents to the within named Robert Carp, at the Wine Shop of
Reading at 676 Main Street, Reading, MA 01867, by leaving said documents
with Virginia Sidman in the absence of Robert Carp at said address, and by
mailing copies to Robert Carp at said address where the following documents
were left:
Letter of Notice of Hearing at the Selectmen's Hearing Room,
Reading Town Hall on July 5, 2011, addressed to Robert Carp,
The Wine Shop of Reading, 676 Main Street, Reading, MA 01867;
Page 1. A copy of the Reading Police Department Investigative
Action Report dated June 27, 2011,
Case: D0642779;
Page 2. A copy of the Reading Police Department Investigative
Action Report dated June 27, 2011,
Case: D0642779; and
Page 3. A copy of the Reading Police Department Investigative
Action Report dated June 27, 2011.
Sally M. oyt, Consta le
and Disinterested Person
Zf Rd 6Z Wr I&
6