License Commission

BOARD OF LICENSE COMMISSIONERS City Hall, 718 Main Street FITCHBURG CITY CLERK Fitchburg MA 01420 May 06 2025 11:36 am (978) 829-1820 Daniel Sarefield, Chairman Richard Boscardin Glenn Fossa MINUTES OF MEETING A regular meeting of the Board of License Commissioners was held on Tuesday, April 22, 2025 in person and called to order by Commissioner Sarefield at 6:00 PM. Commissioner Boscardin and Fossa were present. FPD Liaison Lieutenant Ryan Keenan, City Clerk Joanna Bilotta, and Assistant City Clerk Elizabeth McNiff were present. I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) 1. Regular Minutes of April 7, 2025 2. Special Minutes of April 14, 2025 The Regular Meeting Minutes of April 7,2025 and the special meeting minutes of April 14, 2025 were approved by roll call vote 3/0. II. NEW APPLICATIONS Please note that the Commission may enter into Executive Session pursuant to G.L. c. 30A, sec. 21(a) (5) (Discussion of CORI results), if required during this portion of the agenda, and will return to regular session upon completion. Taxi Driver Permit Lewis Hackett Jr. Mr. Hackett was present at the meeting. Commissioner Fossa disclosed that while he has a relationship with the corporation, he has no financial impact at stake. Commissioner Sarefield discussed the Taxi & Livery Service Regulations, as well as his driving history. Application approved by unanimous roll call vote 3/0. Monday-Saturday Entertainment Permit Joanne Pagnotta, Church Fair, 2 Beekman Street, Saturday, June 21, 2025, for DJ, from 11:00 AM to 6:30 PM, for approximately 200 people. Ms. Pagnotta was not present at the meeting. Commissioner Boscardin spoke on her behalf. He confirmed with the board that it was the same set up as years past and that Ms. Pagnotta is aware that the entertainment must end thirty minutes prior to the event end time. Lt. Keenan had no concerns. Application approved by unanimous roll call vote 3/0. Page 1 Amy Leblanc, Nashua River Brewer’s Festival, Saturday, June 28, 2025 for live amplified music, from 1:00 PM to 6:00 PM, for approximately 600 people. Ms. Leblanc and Mr. Souza were present at the meeting. Commissioner Sarefield reviewed the application and verified that Ms. Leblanc is aware that all entertainment must be shut down thirty minutes prior to closing. Application approved by unanimous roll call vote 3/0. Danette Day, Juneteenth Event, 42-44 Snow Street, Thursday, June 19, 2025, for live acoustic music and dancing, from 3:00 PM to 5:00 PM for approximately 100 people. Ms. Day was present at the meeting. Commissioner Sarefield reviewed the application and verified that Ms. Day is aware that all entertainment must be shut down thirty minutes prior to closing. Ms. Day asked to amend the closing time to 5:30 PM. Amended application approved by unanimous roll call vote 3/0. Emily Beauvais Doss, Ronny’s Voice Memorial Classic, Saturday, June 28, 2025, for DJ, from 10:00 AM to 6:00 PM, for approximately 100 people. Ms. Beauvais was not present at the meeting, Ms. Ortiz a representative of the event was present. Commissioner Sarefield reviewed the application and verified that Ms. Ortiz is aware that all entertainment must be shut down thirty minutes prior to closing. Application approved by unanimous roll call vote 3/0. Limari Rivera, Relay for Life “Light the Town Purple,” Wednesday, May 7, 2025, for live acoustic music, from 5:00 PM to 7:00 PM for approximately 30 people. Ms. Rivera was not present at the meeting. Officer Sevigny spoke on her behalf. Commissioner Sarefield reviewed the application and verified that all entertainment must be shut down thirty minutes prior to closing. Officer Sevigny confirmed that she was aware and that the set up would be the same as last year. Application approved by unanimous roll call vote 3/0. Sunday Entertainment Permit Tyann Ramos, Reezy Day, River Front Park, 0 Front Street, Sunday, May 11, 2024, for DJ, from 12:00 PM to 6:30 PM, for approximately 100 people. Ms. Ramos was not present at the meeting. Application moved to the Monday, May 5, 2025 meeting. Special One Day Wine & Malt Beverages Joanne Pagnotta, Church Fair, 2 Beekman Street, Saturday, June 21, 2025, from 11:00 AM to 6:30 PM, for approximately 200 people. Ms. Pagnotta was not present at the meeting. Commissioner Boscardin spoke on her behalf. He confirmed with the board that there will TIP certified servers at the event and a licensed distributor that they are using. Lt. Keenan had no concerns. Application approved by unanimous roll call vote 3/0. Page 2  Robert Ziedeis, Food Truck Festival, 166 Boulder Drive, Saturday May 17, 2025, from 12:00 PM to 4:30 PM, for approximately 1000 people. Mr. Ziedeis was present at the meeting. Commissioner Sarefield reviewed the applications and verified all servers have TIP certifications. Mr. Ziedeis confirmed it will be the same layout as last year. Anyone drinking will be given wrist bands. Lt. Keenan had no concerns. Application approved by unanimous roll call vote 3/0. Special One Day All Alcoholic Beverages Amy Leblanc, Nashua River Brewer’s Festival, Saturday, June 28, 2025 from 1:00 PM to 6:00 PM, for approximately 600 people. Ms. Leblanc and Mr. Souza were present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications. She explained the area will be the same set up as last year. Ms. Leblanc and Mr. Souza confirmed they will be using wrist bands for anyone drinking and they also are offering a designated driver option for people that may be interested. Lt. Keenan had no concerns. Application approved by unanimous roll call vote 3/0. III. SUMMONS HEARING 1. Major’s Café, 149 Lunenburg Street Ellen Griffin, representing Major’s Café, and Officer Monaghan were present at the summons hearing. Commissioner Sarefield opened the hearing by outlining the procedure: Officer Monaghan would read or summarize his report to the commission, after which Ms. Griffin would have an opportunity to present her account of the incident. Officer Monaghan proceeded to read his report regarding an incident that occurred on Friday, March 21st, at approximately 12:46 AM. According to the report, a female caller contacted police alleging that her friend had been stabbed in his car, providing Major’s Café as the location. Upon arrival, Officer Monaghan spoke with the alleged victim and determined that the injury was likely self-inflicted, caused by the victim falling on his own pocketknife. Officer Monaghan then interviewed the bouncer at Major’s Café, who reported no signs of any altercation inside the establishment. The female party had been asked to leave the premises. The incident in question occurred across the street from Major’s Café, where the altercation between the female party's friend and the injured individual took place. It was confirmed that the injured party was never a patron of the establishment. When asked about surveillance footage, Ms. Griffin provided the available camera footage from the café. However, the cameras did not cover the area across the street where the incident occurred. Ms. Griffin suggested that Mike’s Pizza, located nearby, might have footage of the relevant area. Officer Monaghan followed up with Mike’s Pizza but had not yet received a response. The footage from Major’s Café confirmed that no altercation took place on their property, and that the alleged victim was not seen entering the establishment. Commissioner Sarefield asked if Ms. Griffin had been present during the incident. She stated that she was not on-site that evening, but upon being contacted by her manager, she responded to the location. Page 3 Commissioner Fossa inquired whether there was any indication of overserving alcohol. Officer Monaghan reported that while the male individual admitted to drinking, he did not exhibit signs of intoxication such as slurred speech or unsteady walking. Ms. Griffin added that the manager on duty is known to be a responsible bartender who would not serve anyone showing signs of intoxication. The commission asked Officer Monaghan whether the licensee could have handled the situation differently. He responded that there was no indication of mishandling on the part of the establishment. The incident stemmed from a conflict between individuals that occurred off the premises. A motion to take no disciplinary action was approved by roll call vote 3/0. 2. Mill City Pub & Pizza LLC, 488 John Fitch Highway Present at the meeting were Ms. Byington, Mr. Champagne, and Mr. Lagoy. Officer Nieves was also in attendance. Officer Nieves presented his report regarding an incident that occurred on March 23, 2025, at approximately 1:32 AM. The call was in response to an unresponsive patron at Mill City Pub & Pizza. Officer Monaghan was the first to arrive at the scene and observed that the patron appeared to be intoxicated, noting slurred speech. According to the report, the patron had fallen from a high-top chair and struck his head upon impact with the ground. Emergency medical services were called, and the individual was transported to the hospital. Mr. Champagne reported that the patron had consumed a single premixed beverage, and he provided the commission with a receipt verifying the purchase. Following the beverage, the patron reportedly went to use the restroom and did not return for approximately 20–25 minutes. Due to the group’s rude behavior toward the staff, the patron and his companions were subsequently cut off from further service. Upon the patron’s return from the restroom, Mr. Champagne observed that something seemed “off” about his demeanor and suggested the possible use of narcotics while in the bathroom. Shortly thereafter, the patron fell from his chair. Mr. Champagne rushed to assist and noted that the patron appeared unresponsive and was not breathing for approximately thirty seconds. While Mr. Champagne went to call the police, he observed the patron’s friends patting him down and removing items from his pockets, though they left behind his phone and wallet. Commissioner Fossa inquired whether the patron was a regular customer, to which Mr. Champagne responded that he was not. Mill City Pub & Pizza offered to provide surveillance footage of the incident to the responding officers. However, at the time, officers were unsure if the footage would be necessary. By the time a formal request for the video was made, the footage had already been overwritten and was no longer retrievable. A motion to take no disciplinary action was approved by roll call vote 3/0. Page 4 3. Mill City Pub & Pizza LLC, 488 John Fitch Highway Officer Tota was present at the meeting and read her report regarding an incident that occurred at Mill City Pub & Pizza LLC on March 24, 2025, at approximately 5:25 PM. She was dispatched to the location in response to a report of a patron making racial slurs toward other customers and possibly being in possession of a loaded firearm. Officer Tota located the patron attempting to leave the plaza and detained him. She noted that he appeared extremely intoxicated, displaying slurred speech, unsteadiness on his feet, and bloodshot eyes. When asked if he had been drinking, the patron admitted to having consumed three alcoholic beverages. He refused to perform a field sobriety test. In accordance with Melanie’s Law, Officer Tota conducted a search of the vehicle while awaiting a tow truck and discovered a loaded firearm inside. Officer Tota received video footage and a receipt from Mr. Lagoy. The receipt indicated that the patron had been served four alcoholic beverages: three whiskeys and one vodka, with the first drink entered at approximately 1:28 PM and the last at 3:30 PM. The call to the police was made at 5:25 PM. Mr. Champagne, stated that the vodka beverage was not for the patron but for another customer. He also claimed the second drink was served at 3:01 PM but not consumed until 3:30 PM, and that the third drink was ordered but not consumed at all. The tab was closed out at 4:02 PM. Throughout his time at the establishment, the patron was reportedly disruptive and made racial slurs directed at juveniles who were present. One of the juveniles was the child of a staff member, who ultimately confronted the patron and asked him to leave. When the patron became increasingly disruptive, the staff member physically removed him from the premises. This prompted the call to the police. Mr. Lagoy submitted four separate videos to the police department documenting over four hours of the patron’s time at the establishment. Commissioner Fossa stated that he did not question the officer’s judgment and believed overservice had occurred. Although the footage was not present at the meeting, Mr. Champagne suggested the commission review the videos, asserting that they would demonstrate that no overservice took place. Commissioner Fossa stated that the licensee should not examine the officer with regards to potential future testimony in the court. Commissioner Sarefield responded that it was unclear what the footage could contribute, considering the patron was arrested in the parking lot for operating under the influence and had clearly consumed alcohol at the establishment while behaving disruptively. He emphasized that the focus was on whether the licensee had overserved a patron and allowed the situation to escalate. Officer Tota also confirmed that Officer Lambert responded to the scene and similarly reported that the patron was blatantly intoxicated. Mr. Champagne questioned whether, without the call and description provided by the staff, the officers would have been able to identify the patron as intoxicated on the road. Commissioner Fossa clarified that the commission’s role is not to act as a trial court, but to determine whether the licensee failed in their responsibility to prevent overservice. Commissioner Sarefield concluded by stating that the facts supported the conclusion that the patron was overserved, was disruptive, caused discomfort to others, and ultimately had to be removed from the premises. Page 5  Mr. Lagoy expressed concern that the commission often requests to review video footage in other cases, and questioned why this incident was being handled differently. Commissioner Sarefield replied that this case was distinct due to the fact that an arrest had been made. Motion to three-day suspension, one to serve Monday, May 12, 2025 and two held in abeyance for twelve months. Approved by unanimous roll call vote 3/0. I. CORRESPONDCE II. NEW BUSINESS City Clerk Joanna Bilotta informed the commission about confusion regarding a special one-day permit granted to the Eastwood Club. She clarified to the licensee that alcohol obtained under the permit must be separate from their regular bar stock and must be returned to the distributor if unused. She also recommended the licensee consider applying for an extension of premises to include that area under their regular license in the future. NEXT REGULAR MEETING Monday, May 5, 2025 The meeting adjourned at 8:18 PM Respectfully submitted, Joanna Bilotta, City Clerk Approved: __________________ ___________________ Daniel Sarefield Richard Boscardin Glenn Fossa Page 6