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HomeMy WebLinkAbout2010-11-08 Board of Selectmen Minutes LICENSING COMMISSIONERS MINUTES NOVEMBER 8, 2010 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Licensing Chairman Tracy Watson, Daniel Lanen, Richard Nardella, William F. Gordon, Rosemary Connelly Smedile, Town Manager Mark Rees, Town Clerk Joyce Bradshaw and Town Counsel Thomas Urbelis. LICENSING COMMISSIONERS: The Police Department notified all beverage license holders that minimum age purchase law compliance checks would be conducted throughout 2010. As a result of this sting the following violations occurred. Main Street Liquors, 64 Main Street Tracy Watson read the violation notice of October 25, 2010, to the Licensee that a liquor violation occurred on September 2, 2010 at approximately 8:53 p.m. and a public hearing would be conducted on November 8, 2010. Officer Katherine Knab was sworn in by Town Clerk Joyce Bradshaw. Officer Knab explained the undercover liquor law enforcement used for a sting operation procedure and how it worked. Officer Knab read the incident report and the violation where the employee of Main Street Liquors did not request identification from an under aged person purchasing a bottle of wine on September 2, 2010. Manager Joanne Melillo was sworn in and attested to the allegations of the violation by her employee and said she terminated the employee that did not card an underage person who purchased liquor at her establishment. Richard Nardella made a MOTION, seconded by Daniel Lanen, close the hearing. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, finding that there was a violation on September 2, 2010 at 8:53 p.m. and that violation was the sale of alcoholic beverages to a minor. Vote approved 5-0. Selectmen questioned Ms. Melillo if a surveillance tape was available and whether an ID scanner was used for all transactions and why all customers are not carded. Ms. Melillo stated that the store is operated mostly by her son and herself and they use an ID scanner to verify transactions and there is a large sign to inform patrons that ID is required. Ms. Melillo says some customers are upset when carded but takes full responsibility for her employee's error Richard Nardella asked the Board to determine whether this was a first or second offense. He suggested a severe written warning. The minutes of 2007 stated that there was a cited violation, to clarify the policy and the Licensee had the right to appeal the 2007 decision and chose not to. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to send a written warning as a second offense to serve a one-day suspension held in abeyance for one year to be suspended and that if the Licensee comes before the Board with a third offense this would be subject to a 15 or 30 day suspension. Vote approved 5-0. Board of Selectmen Minutes November 8, 2010 2 North Andover Restaurant D.B.A. Rolfs, 39 Main Street Tracy Watson read the violation notice of October 25, 2010, to the Licensee that a liquor violation occurred on September 10, 2010 at approximately 10:04 p.m. and a public hearing would be conducted on November 8, 2010. Officer Katherine Knab was sworn in by Town Clerk Joyce Bradshaw. Officer Knab explained the undercover liquor law enforcement used for a sting operation procedure and how it worked with her undercover under aged informant. Officer Knab read the incident report and the violation where the employee of Rolf's Restaurant did not request identification from an under aged person purchasing a bottle Bud Light on September 10, 2010. Owner Lesley Carlson was sworn in and attested to the allegations of the violation by her employee and suspended her employee for one week and requested that she retake her TIP Certification. They do not have a scanner ID machine and is very costly. This was the first time since she was in business that she had a violation. Donald Stewart, 52 Prospect Street was allowed to testify by the owner. He was sworn in by the Clerk and stated that he was the Licensing Chairman for many years and did his own stings and Rolf's Restaurant never was in violation. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to close the public hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, finding that a violation occurred on September 10, 2010 10:00 p.m. at Rolf's Restaurant, 39 Main Street and that violation was sale of alcoholic beverages to a minor. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to cite Rolf's Restaurant with a First Offense and to send a very stern warning that the next violation would be considered a second offense with a suspension. Vote approved 5-0. Camelot Building Association, Inc., 505 Sutton Street Tracy Watson read the violation notice of October 25, 2010, to the Licensee that a liquor violation occurred on September 10, 2010 at approximately 10:48 p.m. and a public hearing would be conducted on November 8, 2010. Officer Katherine Knab was sworn in by Town Clerk Joyce Bradshaw. Officer Knab explained the undercover liquor law enforcement used for a sting operation procedure and how it worked with her undercover under aged informant. Officer Knab read the incident report and the violation where the bartender employee of Camelot also known as Knights of Columbus served an underage undercover agent a bottle of Miller Light Beer took his money and gave him change and never asked him for a proper ID. Selectman Gordon asked Officer Knab how many of these stings were done. Officer Knab said that nineteen (19) establishments were checked on September 10, 2010 with only three violations and on September 2, 2010, thirteen (13) establishments were checked with only one violation. John Thompson, Chairman Camelot and Susan Zeytonian proposed manager was sworn in by Town Clerk Joyce Bradshaw. Board of Selectmen Minutes November 8, 2010 3 John Thompson said that the bartender on duty that evening was suspended for one week because she made an assumption that the patron was carded by another and served him the beer. It was a busy night with a band with a lot of patrons. People also come to the bar and buy for those sitting at tables. Mr. Thompson said that when they have a band they will ID patrons at the door and stamp their hand and no one under 21 years of age will be let in the premises. They have purchase an ID scanner machine and video cameras. The Cl named Matthew was sworn in by Town Clerk Joyce Bradshaw and testified that he was 17 years of age and was working with Officer Knab and walked into the Camelot alone and sat down at the bar, the bartender came up to him asking him what she could get for him never asked for an ID, he requested a Bud Light Beer, she brought him a Miller Light, he said that was OK she asked him for$3.25 and gave him change from his $20 bill. Soon after the purchase he left the bar. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to close the public hearing. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Daniel Lanen, finding that a violation occurred on September 10, 2010, at 9:45 p.m. at Camelot, 505 Sutton Street and that violation was the sale of alcoholic beverages to a minor. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to cite Camelot with a First Offense and to send a very stern warning that the next violation would be considered a second offense with a suspension. Vote approved 5-0. Yente, LLC d.b.a. Solo Convenience Store, 1503 Osgood Street Tracy Watson read the violation notice of October 25, 2010, to the Licensee that a liquor violation occurred on September 10, 2010 at approximately 7:27 p.m. and a public hearing would be conducted on November 8, 2010. Officer Katherine Knab was sworn in by Town Clerk Joyce Bradshaw. Officer Knab explained the undercover liquor law enforcement used for a sting operation procedure and how it worked with her undercover under aged informant. Officer Knab read the incident report and the violation where the employee of Solo Convenience Store at 1503 Osgood Street and did not request identification from an under aged person who purchased a 12 pack of Bud Light beer on September 10, 2010, at approximately at 7:25 p.m. The Cl paid for the beer with a $20 bill and received changed returned to the Officer with the change and the 12 pack of Bud Light beer. Tracy Adley manager of Yente, LLC was sworn in by Town Clerk Joyce Bradshaw. An attorney was present and spoke for Ms Adley. Attorney said that Ms. Adley has been the manager at that location for four years and has never been in violation. Ms. Adley said that all of her employees are TIP Certified and are provided with training. The attorney asked to speak to the Cl about what happened that evening and to describe the clerk at Solo Convenience Store. Matt was sworn in by Town Clerk Joyce Bradshaw. Cl Matt described the clerk and said that he picked up the beer the clerk asked him Debit or Credit and did not ask for an ID. He paid cash from a $20 bill and received his changed. Ms. Adley said after the incident she reviewed the tapes and then spoke to the employee David Erazo and wrote him a severe warning letter. Board of Selectmen Minutes November 8, 2010 4 A statement by David Erazo was read into the record. He assumes responsibility for the lack of judgment and behavior and does not reflect the management. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to close the public hearing. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, finding that a violation occurred on September 10, 2010, at approximately at 7:27 p.m. at Yente, LLC, Solo Convenience Store at 1503 Osgood Street and that violation was the sale of alcoholic beverages to a minor. Vote approved 5-0. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to cite Yente LLC, Solo Convenience Store with a first offense and to send a very stern warning that the next violation would be considered a second offense with a suspension. Vote approved 5-0. Chairman Tracy Watson commended the North Andover Police Department for the work being done. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 8:38 p.m. Vote approved 5-0. Adele J. Johnson Administrative Secretary William Gordon, Clerk of the Board