HomeMy Public PortalAboutMinutes 2-15-18_201805180935352603Licensing Board
TOWN OF WATERTOWN
ADMINISTRATION BUILDING
149 Main Street
Watertown, Massachusetts 02472
TEL. (617) 972-6486
FAX (617) 972-6595
Minutes February 15, 2018
ACCEPTANCE OF MINUTES
SPECIAL LICENSES:
1. Special Licenses:
BOARD MEMBERS
DONNA B. DOUCETTE
GEORGE B. NEWMAN
STEVEN W. AYLWARD
ALTERNATE MEMBER
SANDRA KASABIAN HOFFMAN
• Project Bread/Walk for Hunger Approved 2-0
May 6, 2018/ Arsenal Park
Aaron Nemzer of logistics management company DMSE Sports appeared in support
of the application. He explained that this is the annual walk for hunger event. Mr.
Nemzer stated that once the food vendor list is finalized, permit processing would be
conducted with the Health Department. Sgt. Grady reported that the Police
Department had no objection to the granting of a license, subject to the conditions in
the department's written report. The Board acknowledged receipt of reports from the
Health Department and Department of Public Works, and voted to grant the license
subject to the conditions requested by the Police, Health, and Public Works
Departments.
• Taxiarche/Hellenic Center Withdrawn/Canceled
One Day All Alcohol License/February 24, 2018/Dance
At the time the application was called for hearing, it was reported to the Board that
the event had been canceled.
3. Flaming Pit, LLC
222 Arsenal Street
New All Alcohol Common Victualler License
4. Uncommon Grounds, Inc. d/b/a Uncommon Grounds
575 Mt. Auburn Street
Alteration of Premises
Approved 2-0
Continued to May 15, 2018
5. Super Target Liquor of Massachusetts, Inc. d/b/a Target 1 Day Suspension
550 Arsenal Street
Show Cause Hearing
6. Yogi Resources, Inc. d/b/a General Market 2 Day Suspension
218 Waverley Ave.
Show Cause Hearing
7. Talk of the Town, Inc. d/b/a The Talk 1 Day Suspension
116 Main Street
Show Cause Hearing
8. Halfway Cafe, Inc. d/b/a Halfway Cafe 1 Day Suspension
392-394 Main Street
Show Cause Hearing
7:40 PM-11:OOPM
Donna B. Doucette, Chairman
Present: Sandra Kasabian Hoffman (Alternate Member)
Flaming Pit, LLC
222 Arsenal Street
Watertown, MA 02472
The Watertown Licensing Board met to consider the application of Flaming Pit, LLC for
an All Alcohol Common Victualer License to be exercised at 222 Arsenal Street. [The alcohol
license requested is one of the additional licenses authorized by special act of the Legislature,
Chapter 73 of the Acts of 2016.]
Tigran Yesayan, Manager, appeared in support of the application Mr. Yesayan stated that
the restaurant opened in 2017 and has been well received by customers. He would like to offer
alcohol service now that the business is established. He stated that he has five years of
experience, on and off, in the restaurant industry, and that he plans to hire a bartender and train
the staff accordingly. Mr. Yesayan added that he does have another business venture, but that he
spends about 70 — 80 hours per week at the restaurant. Though the restaurant is licensed to
remain open up to midnight, it closes at 11:00 p.m.
Sgt. Grady stated that the Police Department had no objection to the granting of the
license, provided that the conditions stated below in items 1 - 6 were imposed.
The Health Department reported that alcohol service operations will be contingent upon
inspection and approval of the premises for code compliance.
The Licensing Board voted unanimously to grant an All Alcohol Common Victualer
License, subject to the following conditions:
1. The description of the licensed premises is as follows: approximately 2,400
square foot restaurant, kitchen, bar, two restrooms, basement for storage, with two
entrances/exits.
2. Hours of operation shall be Sunday through Wednesday 10:00 a.m. to 11:00 p.m.,
Thursday through Saturday 10:00 a.m. until 12 midnight. No alcohol shall be
sold on Sunday
3. Total seating shall be 50 persons, as shown on the plan submitted (plan entitled
"Architectural 1st Floor Plan Owner 218 Arsenal St Watertown, MA" sheet A-
100, by Berdi Consulting, received in the office of the Town Clerk on December
29, 2017).
4. The owner/manager, Tigran Yesayan, and all servers employed by the licensed
establishment shall attend and successfully complete an alcohol awareness
training program (e.g., TIPS) immediately upon hire or expiration of certification.
5. Copies of all alcohol awareness training certifications shall be maintained by the
licensee and reviewable upon request.
6. Issuance of the license shall be subject to the applicant's certification that a
bartender has been hired and the servers have been TIPS certified.
Super Target Liquor of Massachusetts, Inc.
d/b/a Target
33 S 6th Street, CC -1028
Minneapolis, MN 55402
Attn: Dot Vannavong
The Watertown Licensing Board held a show cause hearing on a complaint of the
Watertown Police Department alleging violations of G.L. c.138 (the Liquor Control Act) on
December 13, 2017 at your premises located at 550 Arsenal Street licensed for all alcohol
package goods store sales, to wit: sale/delivery of an alcoholic beverage to a person under 21
years of age in violation of G.L. c.138, §34; and improper management, in violation of G.L.
c.138, §23, in allowing the sale/delivery of alcohol to a minor.
Attorney Joseph Devlin appeared on behalf of the licensee, together with Ted Marsh —
regional director and vice president, Jonathan Livingston — regional asset protection manager,
and Molly Freeman — store manager.
Sergeant Grady testified that the Watertown Police Department had conducted a
compliance check on December 13, 2017 for the package stores in the Town. In this exercise,
the Department was assisted by a male operative under the age of 21, who was instructed to enter
the respective stores and attempt to purchase a 6- pack of Bud Light beer. The operative was
instructed to simply leave the store if he were asked for identification. Officers involved in the
exercise -maintained surveillance of the operative during the compliance check of each
establishment, when permitted.
At approximately 5:46 p.m. the operative entered the Super Target store, selected a 6 -
pack of Bud Light and presented it for purchase at a check-out register. The clerk asked the
operative how old he was and the operative stated 19 and stated his date of birth. The clerk
responded that he was not supposed to sell the beer to the operative, but that 'this will be
between us.' After the sale was completed, Sgt. Grady spoke to the manager, who informed him
that the clerk in question was a juvenile because two clerks had switched registers prior to the
operative presenting the beer for purchase.
Ms. Freeman testified that the register switch had occurred because the minor clerk had
called another clerk to handle a sale of alcohol, but the other clerk did not log out of his register
and the minor clerk then serviced customers at the register to which he had moved. She stated
that the minor clerk was a seasonal cashier and has been terminated. Ms. Freeman noted that all
workers hired do a new employee orientation, on the store floor, and complete an on-line training
exercise; the training does include alcohol law requirements.
In response to questions from the Board, Ms. Freeman stated that a manager is always
present on the floor of the store. Mr. Livingston stated that the licensee had taken various steps
in response to the incident: retraining and certifying all employees; decreasing the number of
registers at which alcohol may be purchased; requesting a police detail on busy nights, and
utilizing private security officers; training employees regarding licenses and review of
identification; and requiring clerks to ask confirming questions when a customer presents alcohol
for purchase, such as: what is your middle name, and please sign your name.
On further questioning by Attorney Devlin, Ms. Freeman stated that five aisles have now
been designated for alcohol sales, and that no minors are allowed to work the registers for those
aisles. She added that there is a daily "huddle" before a clerk takes over operation of a register at
one of those aisles.
Board chairman Doucette commented that ordinarily such a violation would warrant a
two-day suspension, and that she was concerned regarding laxity in oversight within 10 months
of the start of alcohol sales at the store. However, given the steps taken by the store to correct its
problem, she stated that she believed a one -day suspension was warranted.
The Licensing Board unanimously found that the violations, as alleged, had occurred.
The Licensing Board voted unanimously to impose a one -day license suspension.
The Licensing Board offered the licensee the opportunity to choose the date the
suspension would be served if the licensee chose to waive its right of appeal. Attorney Devlin
stated that the licensee would consent to the one -day suspension and would waive the right to
appeal to the Alcoholic Beverages Control Commission, and that the licensee would designate
the date the suspension would be served by subsequent notice to the Board. The Board
explained that the license would need to be deposited with the Police Department on the
suspension date. By letter dated February 28, 2018, Attorney Devlin reported to the Licensing
Board that the suspension would be served on March 7, 2018.
Yogi Resources, Inc.
218 Waverley Avenue
Watertown, MA 02472
The Watertown Licensing Board held a show cause hearing on a complaint of the
Watertown Police Department alleging violations of G.L. c.138 (the Liquor Control Act) on
December 13, 2017 at your premises located at 218 Waverley Avenue licensed for wine and malt
package goods store sales, to wit: sale/delivery of an alcoholic beverage to a person under 21
years of age in violation of G.L. c.138, §34; and improper management, in violation of G.L.
c.138, §23, in allowing the sale/delivery of alcohol to a minor.
Attorney Sam Vitali, appeared on behalf of the licensee, together with Jenny Guerrier,
manager.
Sergeant Grady testified that the Watertown Police Department had conducted a
compliance check on December 13, 2017 for the package stores in the Town. In this exercise,
the Department was assisted by a male operative under the age of 21, who was instructed to enter
the respective stores and attempt to purchase a 6- pack of Bud Light beer. The operative was
instructed to simply leave the store if he were asked for identification. Officers involved in the
exercise -maintained surveillance of the operative during the compliance check of each
establishment, when permitted.
At approximately 7:08 p.m. the operative entered the General Market store, selected a 6 -
pack of Bud Light and presented it for purchase at the check-out register. Mr. Guerrier was at
the register and accepted a $20 bill for the purchase, without questioning the operative regarding
identification. Sgt. Grady subsequently entered the store. Mr. Guerrier apologized and stated he
had been on the phone with an employee regarding a serious family matter.
Attorney Vitali questioned Sgt. Grady, who testified as follows: The Watertown Police
Department uses the ABCC model for its compliance check ("sting") guidelines; the 2017
ABCC version includes 17 items and the Watertown guidelines include 13 of those. He had a
clear view of the store and sales counter from the parking lot, and watched the transaction
involving the operative. He spoke with the owner the next day. No receipt was given for the
purchase. One operative was used for all the compliance checks on December 13, and he was
given the same instructions for all establishments. A $20 bill was used for each attempted
purchase, and the price at General Market was $7.50.
Mr. Guerrier testified as follows: The employee with whom he was on the phone was
upset and he was distracted by that. After he made the sale, he went outside the store to call the
operative back but did not see him; he then re -arranged the entry mat and Sgt. Grady approached
the store. Mr. Guerrier said he is TIPS certified, and the store has an i.d. scanner and surveillance
cameras. He acknowledged there had been a violation when he spoke to Sgt. Grady. In response
to a question from Board member Kasabian-Hoffman, Mr. Guerrier stated that he did not ask the
operative for identification, and he realized that after the sale had been made and so went outside
to look for the operative.
Attorney Vitali stated that this is a family run business, and that since the violation the
licensee has posted ABCC-approved signs regarding sales to minors. He commented that the
mistake here was not asking for identification, noting that the ABCC guidelines state that if an
operative is asked for identification he/she is supposed to leave the premises.
Sgt. Grady confirmed that the Police Department posted advance notice of the
compliance check in the Watertown Tab newspaper and on social media.
Board chairman Doucette commented that during the hearing on the licensee's
application for the license, past troubles involving violations at the site had been discussed.
The Licensing Board unanimously found that the violations, as alleged, had occurred.
The Licensing Board voted unanimously to impose a two-day license suspension.
The Licensing Board offered the licensee the opportunity to choose the dates the
suspension would be served if the licensee chose to waive its right of appeal. Attorney Vitali
stated that the licensee would serve the suspension on Tuesday, February 20 and Wednesday,
February 21, and would waive the right to appeal to the Alcoholic Beverages Control
Commission. The Board explained that the license would need to be deposited with the Police
Department on February 19 and retrieved on February 21. Sergeant Grady stated that the beer
freezers must be locked and the wine removed from the shelves on the suspension days.
Talk of the Town Diner I, Inc.
d/b/a The Talk
617 Main Street
Watertown, MA 02472
The Watertown Licensing Board held a show cause hearing, on the application of the
Watertown Police Department, concerning alleged violations of G.L. c.138 (the Liquor Control
Act) on November 27, 2017 at your premises at 617 Arsenal Street licensed for all alcohol
common victualer service, to wit:
1.Sale or Delivery to an Intoxicated Person, in violation of M.G.L. c. 138, § 69.
2.Improper management, in violation of M.G.L. c.138, § 23 for:
a.) Allowing the over service of an alcoholic beverage.
b.) Failure to notify the Police, in violation of Section IV.A.1.b.3) of the Licensing
Board's Rules and Regulations for managers: "Notify the police of any disturbance or
illegal activity on the licensed premises of which he becomes aware."
Kazar Keuchkarian appeared on behalf of the licensee. Sgt. Grady testified and reported
the events of an incident call to the Police Department on November 27, 2017, a disturbance
reported by an Uber driver. An investigation and inquiry at the premises revealed the following:
a patron was served one alcoholic beverage; the bartender stated the patron showed no signs of
intoxication at the time of service, but then began to shown such signs; the Uber driver witnessed
another person assist the patron across Main Street to the Uber vehicle; the driver became
nervous about taking the fare and called 911; the driver reported the bartender had left the
premises with the patron, but the bartender denied assisting the patron; the bartender asked for a
person to drive the patron home; the patron was escorted out of the premises to a car to be taken
to her home in Newton; after the patron had left the premises Watertown police officers arrived
on the scene. The officers acquired the following information: the patron arrived at 6:00 p.m.
and stayed about one hour; the Newton Police Department was notified of the situation and it
performed a health and welfare check at the patron's home, accompanied by a Watertown police
officer; the Newton Fire Department was called and, after an effort of approximately 30 minutes,
gained access to the house; the patron told the police officers she had three drinks at The Talk,
for which she paid cash, and she said she had not eaten before drinking at the restaurant; while
she was speaking to the officers they noticed a call notification on her mobile phone with the
name "Tommy Talk," who was later identified as the bartender; and the bartender subsequently
acknowledged to Watertown police that he knew the patron, though he had previously stated to
the Watertown officers at the restaurant premises that he did not.
Mr. Keuchkarian submitted a copy of a restaurant gift card he reported was used by the
patron to purchase her drink, a record of the sale, and an affidavit from the patron stating she had
been served one drink. He added that the gift card is treated as cash. Mr. Keuchkarian stated that
a licensee is not responsible to understand a patron's alcohol level, noting that the woman had
not presented any of the six signs of intoxication listed in the ABCC guidelines and that she had
not caused a disturbance. He reported that a restaurant customer, Carol Saul, called for an Uber
vehicle, and stated that the comments of the driver presented by the Police Department were not
accurate. Mr. Keuchkarian explained that since the incident the restaurant has decided to close
earlier in the evening, which has decreased revenues. Sgt. Grady responded that he had
telephoned Ms. Saul regarding a witness interview but had received no response.
Bartender Tommy Cole testified that he talked to the patron in question for about eight
minutes when she arrived at the restaurant, took her to her seat, and saw no signs of a problem.
After she had been at the restaurant for an hour, the patron said she was going to leave, but Mr.
Cole thought she should not drive home. He disputed the Uber driver's report that he had
crossed the street and taken the patron out of the Uber vehicle. He explained that he met her on
the sidewalk in front of the restaurant and took her to the car of another customer, who drove her
home. Mr. Cole stated that after the patron had left he telephoned her to say that the police were
on their way but his call was not answered. In response to a question from Board chairman
Doucette, Sgt. Grady responded that the Uber driver reported seeing a tall male, dressed in black,
cross the street and take the patron from the Uber vehicle back across Main Street.
Carol Saul testified that she knows the patron as a visitor to The Talk, and that she saw
her have one drink. Ms. Saul reported that she called for an Uber vehicle when she became
concerned that the patron looked like she should not drive home. She explained that she walked
with the patron across the street, that the patron got into the car, that the driver yelled to her as
she was walking away that the patron was intoxicated, and that she responded by saying 'take
her home.'
Steve Costa testified that the patron sat between him and Ms. Saul on the night in
question and that he saw one drink served to her. He stated that Mr. Cole asked him to drive the
patron home, that he drove her in his car and she gave directions as they went, and that she
walked into her house by herself.
Sgt. Grady responded to the patron's affidavit, stating he had spoken to her in November
of 2017, that she stated she had one drink at The Talk, and that when he pointed out to her that
she reported to the police officers at her home that she had consumed three drinks she became
argumentative, saying she did not want to cause problems.
Board chairman Doucette asked Ms. Saul what the patron was saying that made Ms. Saul
think she should not drive a car, and Ms. Saul responded that the patron spoke of her parents and
caregiving, that she had driven to Watertown from Cape Cod and that she had needed to stop on
the way to go to the bathroom. Sgt. Grady stated that the Uber driver reported getting the
transport request shortly after 7:30 p.m.
Board chairman Doucette stated she found the patron's statement, at her home, regarding
the number of drinks she consumed, to be telling. She commented that neither the patron nor the
Uber drive were available to be questioned, but that the evidence showed the patron exhibited
behavior demonstrating she was not fit to drive. The chair added that she believed the bartender
and patrons had acted responsibly, but that she found there was improper management based on
over service of alcohol. \
Sgt. Grady reported that the last show cause hearing incident at the restaurant was in
November of 2014, with the hearing held in March of 2015.
The Licensing Board unanimously found that the violations, as alleged, had occurred.
The Licensing Board also unanimously found that the violation of improper management had not
occurred. The Board unanimously voted to impose a one -day license suspension.
The Licensing Board offered the licensee the opportunity to choose the date the
suspension would be served if the licensee chose to waive its right of appeal. Mr. Keuchkarian
stated that the licensee would serve the suspension on Monday, February 19, and would waive
the right to appeal to the Alcoholic Beverages Control Commission.
Halfway Cafe, Inc.
d/b/a Halfway Cafe
193 East Street
Dedham, MA 02026
Attention: John Grasso
The Watertown Licensing Board held a show cause hearing, on the application of the
Watertown Police Department, concerning alleged violations of G.L. c.138 (the Liquor Control
Act) on October 4, 2017 at your premises at 392-394 Main Street, Watertown licensed for all
alcohol common victualer service, to wit:
1.Sale or Delivery to an Intoxicated Person, in violation of M.G.L. c. 138, § 69.
2.Improper management, in violation of M.G.L. c.138, § 23 for:
a.) Allowing the over service of an alcoholic beverage.
b.) Failure to notify the Police, in violation of Section IV.A.1.b.3) of the Licensing
Board's Rules and Regulations for managers: "Notify the police of any disturbance or
illegal activity on the licensed premises of which he becomes aware."
John Grasso, president, appeared on behalf of the licensee. Sgt. Grady testified and
reported the events of an incident call to the Police Department on October 4, 2017. A male was
observed rolling on the ground outside the premises. Watertown police officers arrived at the
premises and were directed to a bus stop, two blocks away, and they encountered a man sitting
on the curb and a Halfway Cafe bartender, Philip Joyce. The assistant manager reported to the
officers that he was alerted about the man by a patron — who called 911, and that Mr. Joyce went
outside the building with a glass of water. The officers described the man as appearing highly
intoxicated, with cuts and scrapes on his legs. The Watertown Fire Department was called and
the man was transported to Mt. Auburn Hospital. No field sobriety test was given because of the
level of intoxication. In response to questions the officers were told the following: that the man
had entered the premises between 2:45 and 3:00 p.m.; that he was served three or four 20 ounce
glasses of beer; that the bartender on duty in the afternoon had seen the patron drinking vodka
and cranberry juice but did not tell the bartenders who took the next shift what she had served the
man; at least two vodka and cranberry were served to the man by the next shift bartenders; the
man was observed by another customer falling asleep at the bar, and was then found outside.
Mr. Grasso stated he had discussed the incident with Sgt. Grady. He reported that the
day shift employee had left the building with the patron and that they had then come back inside
together; the next bartender was unaware of that. Mr. Grasso explained that it is hard to know if
a patron is intoxicated or is experiencing some other kind of issue. The day shift employee was
dismissed within a week of the incident. Mr. Grasso noted he had been in the restaurant on the
night in question but had gotten a call from his daughter in the middle of the events and did not
realize all that was happening. He commented that it is difficult to employ quality personnel but
acknowledged that a mistake had been made.
Sgt. Grady reported that there had been no violations cited at the premises within the past
five years.
The Licensing Board unanimously found that the violations, as alleged, had occurred.
The Licensing Board also unanimously found that the violation of improper management had not
occurred. The Board unanimously voted to impose a one -day license suspension.
The Licensing Board offered the licensee the opportunity to choose the date the
suspension would be served if the licensee chose to waive its right of appeal. Mr. Grasso stated
that the licensee would serve the suspension would waive the right to appeal to the Alcoholic
Beverages Control Commission, and that the licensee would designate the date the suspension
would be served by subsequent notice to the Board. Mr. Grasso subsequently telephoned the
Police Department to report that the suspension would be served on Wednesday, February 28.
Uncommon Grounds, Inc.
d/b/a Uncommon Grounds
575 Mt. Auburn Street
Watertown, MA 02472
Notice is hereby given that the Watertown Licensing Board has continued its hearing on
the application of Uncommon Grounds, Inc. d/b/a Uncommon Grounds for approval of
Alteration of its premises at 575 Mt. Auburn Street licensed for common victualer service.
The continued hearing on this application will be held on May 17, 2018 at 7:15 p.m. in
the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA.