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Wednesday, September 11, 2013
live reporting - hearings - liquor licenses
F. HEARINGS
• Zoning Bylaw Amendment 13-718: Changes to §185-7. Compliance Required
hearing opened, no comments from audience, no comments/question from Councilors
This would remove the restriction on putting a parking facility in the downtown area, it already is zoned that way for the residential area - which is backwards.
Hearing closed
awaiting time for start of next hearing
• Violation of M.G.L. 138 §34: Sale, Delivery of Furnishing of an Alcoholic beverage to a person under the age of 21 – Postponed to September 11, 2013- 7:10 PM
Village Mall Liquors
Chief Semerjian provides an update of the operations on June 25th that failed the compliance check
Village Mall Liquors is a first offence
Acknowledge offence, have instituted new procedures since
good cashier/clerk didn't check admittedly
3 days, one day immediate, 2 days held in abeyance
when a package store is penalized, the store closes
agreed to be Fri Sep 13th
Ichigo Ichie
Jeff Roy recused himself from the hearing
potential dispute at least from the representing attorney, that additional details made present a different picture
as this is the second offense, and potentially disputed Mark Cerel advised to proceed with more formality than the prior hearing
Chief Semerjian restates the report, basically a simple operation, if the drink is given and the operative is able to control
for purposes for the record, he was asked for the ID, he presented it and was still served
Attorney wanted to clarify on the expiration of the minor license, it does not expire on the date of the birth date
brief video to be shown on an iPad, apologizes for not bringing it on a more viewable format
owner had watched individual enter, fallowed the individual to the bar and talked to the bar tenders to alert them to the under age individuals
no dispute on the service, the owner did have a conversation immediately after the individual left; the bartender was fired, all the employees were re-certified on the license check
there was a violation last year, there was a red-alert for the individual, the only thing the manager didn't do was to check the id himself.
The restaurant took the first violation seriously, and are taking this one seriously
Under the circumstance, asking for consideration, asking for one day
Q - on how many checks have there been since the first one?
A - likely this is the fourth, we have done shoulder taps
Pfeffer - advises going with the 5 days
situation is different in that the second offense within the 2 years so the 2 days held in abeyance need to be considered; would be 5 days now, with two days held in abeyance
If the client challenges, or appeals to the ABC Board it could come back to the Council for a new hearing
Jones, Mercer, Kelly similar comments on incident, good intentions don't always make for good results. Have a problem with changing precedent
Powderly - steps taken are necessary and thank you for them
motion to move penalty as 5 days served, 2 additional held in abeyance, to commence Sep 20th
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