Wednesday, July 8, 2015

Live reporting: Dacey's Market

– Violation of M.G.L. 138 §34: Sale, Delivery or furnishing of an Alcoholic beverage to a person under the age of 21 – 7:10 PM
• Dacey’s Market
Chief Semerjian reads the report as found in the agenda document

Cerel questions Sargent Jason Riley
who was sworn to tell the truth

Riley recaps the story in his own words

Owner disputes the license check as the machine passed the license
they are dependent upon the license

Chief - an out of state license is not valid for those under 30

Cerel puts into the record, the incident of May 23, 2011 where an underage was confirmed

had been the owner at the time in 2011

purchased the scanner after the incident in 2011

what is the use of the false ID? it is a violation

ABCC says you can sell if the machine passes

In 2011, they brought the individual right away
this time we did not hear until 3 days later

Officer Hamilton - sworn in
actually a CT license not a RI, attached to the incident
a fake ID, was not used to purchase

Pfeffer - you get many RI purchases, you don't you think it is odd to get so many, as you are out of the way

Williams - MA licenses, liquor ID or military IDs are the only defense

Cerel - it is only those IDs that are in the statues, there is no defense provided for other licenses

Pfeffer - what was the penalty days held for?
Cerel - not marked, usually 2 years

Bissanti - they put us in a difficult position, the shopkeeper has a stack of fake IDs. I am not advocating underage drinking. The Council has a no tolerance policy

Kelly - this was not a sting
Riley - this was 'the wrong place at the wrong time'

sting operation has very specific bylaw regulations
the second operation is more open for the case by case basis

7 days, 3 to be served with 4 held for 2 years
amend, 4 days, 3 to be held for 2 years

Kelly - he could have brought the employee in, he could have brought additional evidence in, this is not passing the smell test for me

motion to amend to enforce beginning July 16 for 4 days
opportunity to appeal via the ABCC

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