License Commission

FITCHBURG CITY CLERK BOARD OF LICENSE COMMISSIONERS Dec 07 2022 10:58 am Fitchburg City Hall, City Clerk’s Office 718 Main Street, Fitchburg MA 01420 Daniel Sarefield, Chairman Richard Boscardin John Zarrella MINUTES OF MEETING A meeting of the Board of License Commissioners was held on November 9, 2022 in the Fitchburg City Hall, 3rd floor Conference Room, Fitchburg, and called to order by Commissioner Sarefield at 6:00 PM. Commissioner Boscardin and Commissioner Zarrella were present, and FPD Liaison Lieutenant Howe was present. I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) The minutes of October 17, 2022, were approved by unanimous consent 2/0. Commission Zarrella abstained. II. NEW APPLICATIONS Special One Day License Wine and Malt Henry Parkinson, Fitchburg State University, for Special One Day Wine and Malt license for the President’s Holiday Party from 3:00 PM to 7:00 PM on December 8, 2022 for approximately 300 people at 160 Pearl Street, Hammond Hall. Commissioner Sarefield disclosed that he is an employee of Fitchburg State University, this application has no financial impact to Commissioner Sarefield. Mr. Parkinson, was present at the meeting, he shared this holiday event has been running for approximately eight years, they had not had the event for the last two years and are excited to host the event again. Lt. Howe had no concerns, Commissioner Sarefield asked if the severs are tip certified. Mr. Parkinson advised that they are. Commission Boscardin and Commission Zarrella had no concerns. Motion to approve the application was approved by unanimous roll call vote 3/0. Taxi / Livery Service Applications – NEW Jessica Ortiz – Ortiz Transportation LLC. Livery Service (Amendment for Operating Hours) Ms. Jessica Ortiz, the applicant, was present at the meeting, she explained she provide her office hours and not the hours the delivery service would be providing transportation. Ms. Ortiz is requesting the hours of delivery service be change to Monday through Sunday 4:00 AM – 12:00 AM. Page 1  Motion to approve the application was approved by unanimous roll call vote 3/0. Application for amendment – Change of Manager Oak Hill Country Club, 840 Oak Hill Road, Amendment – Change of Manager Motion to approve the application was approved by unanimous roll call vote 3/0. Application for amendment – Change of Manager and adding DBA Dario’s Diner, Inc. DBA El Toro, 187 River Street Motion to approve the application was approved by unanimous roll call vote 3/0. III. PUBLIC HEARING New Restaurant, All Alcohol Beverage License Dario’s On Main Inc. 655 Main Street Mr. Boscardin recused himself from the Public Hearing. Motion to approve the application was approved by unanimous roll call vote 2/0. IV. RECONSIDERATION New Restaurant, All Alcohol Beverage License Munchies to Go, LLC., 27 Airport Road Motion to approve the application was approved by unanimous roll call vote 3/0. V. SUMMONS HEARING Kingston Island Cuisine, 480 Main Street Regarding Fitchburg Police Incident Report #22-33832-OF Present at the meeting: Mr. Christopher Graham, Mrs. Deborah Graham, Mr. James O’Connor, Attorney, Mr. Antonio Ledesma, Security, Ms. Adiann Gonzalez, Bartender, Mr. Alexander McDermott, Head of Security, Mr. Theodore Lappas, Landlord, and Officer Daniel Minichiello, FPD. Commissioner Sarefield opened the continuation of the summons hearing at 6:28 PM. Commissioner Sarefield recapped that the Board had received video surveillance that had been provided to the Fitchburg Police Department showing what appears to be Corona beer boxes being removed from the establishment, footage from the time period of March 6, 2022 through August 16, 2022, after business hours. Mr. Graham stated that the boxes were being re-used to sell off excess dishes, glassware and other supplies to customers via social media. Lt. Howe stated that based on what he could see in the videos it appears that the boxes being removed from the business location after hours were still sealed, but he cannot be 100% certain they were not opened. Page 2  Mr. Antonio Ledesma, Ms. Adiann Gonzalez, and Mr. Alexander McDermott all stated that at no point in time was alcohol removed from the business. Mr. Ledesma indicated to the Board that Mr. Graham has very strict rules and he has never seen alcohol leave the establishment. Commissioner Boscardin asked if they had any receipts or records showing any of these after hour sales. Mr. Graham stated he does not. He explained that the sales were basically the same as going to a yard sale. As new supplies have been purchased, the old dishes, glasses, shot glass, silverware, etc., have been boxed up, sealed with tape, and sold, mostly to business customers after the bar closes. Commissioner Sarefield reviewed some of the videos for the Board in the meeting. The landlord, Mr. Ted Lappas was asked about the videos. Mr. Lappas informed the Board that an unexplained power surge caused one video to have a 4:00 AM timestamp. Mr. Lappas spoke to the videos, indicating that he believes that beer is being removed from the business establishment after hours. Commissioner Zarrella asked if the other five timestamps are correct. Mr. Lappas stated they are. Attorney O’Connor asked how the videos are even reliable. Lt. Howe again stated that the videos appear to show sealed boxes being removed from the premises, after hours. Lt. Howe asked how can they verify that the people purchasing these sealed boxes are over 21? Mr. Graham showed the Board video from his personal cell phone of the sealed boxes currently filled with items in his business location and offered to go to the location with the Board to examine the boxes packed with business supplies. Commissioner Boscardin stated that he believes the sealed boxes contain beer. Commission Zarrella stated that he believes we cannot be sure what was in the boxes. Commissioner Sarefield stated that he was not entirely convinced that the videos showed evidence of a violation. With the testimony that has been provided, it is hard to be confident about what is happening in the videos. Commission Boscardin made a motion, seconded by Commissioner Zarrella, to find no violation and take no action. The motion was approved by unanimous roll call vote 3/0. VI. CORRESPONDENCE 1. Fitchburg Police Department Incident Report # 22-3854-IN regarding an incident at Tryst, 320 Main Street on September 17, 2022, Alarm System Activate, no Fire - Unintentional Commissioner Sarefield read a statement from Fire Chief Suarez, “Whenever an audible and/or visible fire alarm is activated, all occupants should quickly and orderly evacuate the building and move to a safe location outside. A predetermined area should be selected by management and made part of their Fire Page 3  Evacuation Plan. Staff should take attendance of employees and note if any customers report a family member or friend missing. If someone is deemed missing, no one should re-enter the building and this critical information should be given to the first responding Fire and/or Police unit to arrive. Again, this should be part of their Fire Evacuation Plan. No one is to reenter the building until Fitchburg Fire has completed their investigation, the alarm has been reset, and the building has been deemed safe to reenter. If you or the License Commission have any further questions please let me know. I have CCd Capt. Ryan Cringan and Capt. Patrick Haverty. 2. Upper Common LLC. Commission Sarefield informed the commission he had spoken to the City Solicitor pertaining this application, the City Solicitor is unable to speak to this application. Commissioner Sarefield is going to contact the Assistant City Solicitor, Donna Pawlak. VII. NEW BUSINESS There was no new business to discuss. The meeting adjourned at 8:10 PM Respectfully submitted, Joanna Bilotta, City Clerk Approved: __________________ ___________________ _________________ Daniel Sarefield Richard Boscardin John Zarrella Page 4