Loading...
HomeMy Public PortalAboutMinutes 7-18-19Licensing Board TOWN OF WATERTOWN ADMINISTRATION BUILDING 149 Main Street Watertown, Massachusetts 02472 TEL. (617) 972-6486 FAX (617) 972-6595 Minutes July 18, 2019 ACCEPTANCE OF MINUTES SPECIAL LICENSES: 1. ACCEPTANCE OF MINUTES: June 20, 2019 2. Special Licenses: • Watertown Free Library 123 Main Street Approved 3-0 Road Race /September 21, 2019 BOARD MEMBERS DONNA B. DOUCETTE SANDRA KASABIAN HOFFMAN STEVEN W. AYLWARD ALTERNATE MEMBER Jamie Kallestad of the Watertown Free Library appeared on behalf of the applicant. Mr. Kallestad stated that the race is a 5K fundraiser and will follow the same route that the race has taken for the previous five (5) years. A map of the race has been provided to the Town. The race will be staffed by Library volunteers and will not include water stations on the route. The race will commence at 9:00 a.m. and should be completed by 10:30 a.m. The Building, Fire, Health and Zoning Departments had no comment. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of a report from the Public Works Department, and voted to grant the license, subject to the conditions requested by the Police and Public Works Departments. • Tsering Dolkar Sampho ACEC 47 Nichols Ave Approved 3-0 One Day All Alcohol/Wedding July 20, 2019 Ms. Sampho appeared on behalf of the applicant. She stated that approximately 400 people, between the ages of 9 and 90, will attend the wedding. The applicant will distribute drink tickets, at which time identification will be checked to ensure that individuals under the age of 21 are not served alcohol. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire and Health Departments. • Meaza Yohaness ACEC 47 Nichols Ave Approved 3-0 One Day All Alcohol/Wedding July 27 and 28, 2019 Amanuel Estifanos appeared on behalf of the applicant. The applicant is hosting a two-day wedding on July 27 and 28, 2019. On the first day, approximately 300 people will attend, primarily from the Boston area and New England. On the second day, a cultural wedding will be held, which will be attended primarily by family and out of state guests. Approximately 150 people are anticipated to attend on the second day. The applicant will distribute bracelets, after checking identification, to prevent underage patrons from obtaining and consuming alcohol on July 28, 2019 when guests in the age range of 14 through 80 are expected to attend. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire and Health Depai liiients. • Yangchen Tenzin Nangpa ACEC 47 Nichols Ave Approved 3-0 One Day All AlcohoUWedding September 14, 2019 Ms. Nangpa appeared on behalf of the applicant. The wedding will be held on September 14, 2019, and she expects approximately 250-350 guests, ages 1 to 70. The wedding will be a traditional Tibetan wedding. The applicant will distribute tickets for drinks after checking identification. There will not be a caterer for the event. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire and Health Departments. 3. Arsenal Yards Holding, LLC 1 Arsenal Street Storage of Flammables 4. BRE-BMR Grove, LLC 65 Grove Street Storage of Flammables 5. Mt. Auburn AGM, LLC 660 Mt. Auburn Street Approved 3-0 Continued to August 15, 2019 Continued to August 15, 2019 New Auto Repair License & Storage of Flammables 6. Barcor LLC, d/b/a Chulo Restaurant & Bar Approved 3-0 1 Waverly Ave Transfer of All Alcohol License/Entertainment License 7. Condesa Watertown, LLC d/b/a Condesa Restaurant and Tequila Bar Approved 3-0 485 Arsenal Street Continued from June 20, 2019 All Alcohol Common Victualer License 8. Maslow Restaurant Concepts, Inc. d/b/a Strip T's Restaurant Approved to close 3-0 93-95 School Street Continued from June 20, 2019 Status Hearing 9. McCue's Taxi, Watertown Yellow Cab, Inc. 9 Main Street, Watertown Status Hearing 10. Shanaya Corporation d/b/a Coolidge Liquors 608 Mt. Auburn Street Status Hearing 11. Dyer Quik Pik, Inc. d/b/a Dyer Liquors 40-42 Mt. Auburn Street Show Cause Hearing 12. Yogi Resources, Inc. d/b/a General Market 218 Waverley Avenue Show Cause Hearing Start: 7:15PM End: 10:50PM Approved to close w/ no action 3-0 Continued from June 20, 2019 Continued to August 15, 2019 2- Day Suspension 1- Day Suspension Donna B. Doucette, Chairman Present: Donna B. Doucette, Sandra Kasabian Hoffman, Steve W. Aylward Arsenal Yards Holding, LLC 800 Boylston Street, Suite 1390 Boston, MA 02199 The Watertown Licensing Board met to consider the application of Arsenal Yards Holding, LLC for a flammables storage license to be exercised at 1 Arsenal Street. A representative of the applicant appeared in support of the application. The representative explained that Arsenal Yards Holding, LLC has a garage at the subject property which serves office and retail tenants at the property, and that few vehicles remain overnight on site. The Board did not receive any comments from other Town departments. The Licensing Board voted unanimously to grant a license for the storage of 6,920 gallons of gasoline, being the number of parking spaces in the garage on the premises (346) multiplied by an estimated quantity of 20 gallons per motor vehicle. BRE-BMR Grove, LLC 17190 Bernardo Center Drive San Diego, CA 92128 The Watertown Licensing Board has continued its hearing on the application for storage of flammables license for exercise at 65 Grove Street. A representative of the applicant appeared on the date originally scheduled for the hearing, July 18, 2019, and stated that the applicant had failed to timely send notification of the hearing to abutters. The applicant was advised that the Board will require the applicant to advertise the hearing again and re -send notification to abutters of the new hearing date. The continued hearing on this matter will be held on August 15, 2019 at 7:15 p.m. in the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA. Mount Auburn Mobil, LLC c/o 9 Bigelow Avenue Watertown MA 02472 The Watertown Licensing Board has continued its hearing on the application for a new auto repair license and storage of flammables license by Mt. Auburn AGM, LLC for exercise at 660 Mt. Auburn Street. John Avakian, manager of the LLC, appeared on the date originally scheduled for the hearing, July 18, 2019, and acknowledged that the applicant had failed to timely send notification of the hearing to abutters. The applicant was advised that the Board will require the applicant to advertise the hearing again and re -send notification to abutters of the new hearing date. The continued hearing on this matter will be held on August 15, 2019 at 7:15 p.m. in the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA. Barcor, LLC d/b/a Chulo Restaurant & Bar c/o Ranjan Budhathoki 34 Copeland Street Watertown MA 02472 The Watertown Licensing Board met to consider the application of Barcor, LLC d/b/a Chulo Restaurant & Bar for a transfer to it of the all alcohol common victualer license held by Red Waverley, Inc. d/b/a Asiana Fusion for exercise at 1 Waverley Avenue. Mr. Ranjan Budhathoki appeared in support of the application. Mr. Ranjan Budhathoki stated that he is a Town resident who worked as a full-time floor manager in the food industry for several years in the early 2000s before becoming a police officer. He intends to retain the current staff of Asiana Fusion but will hire a family member to serve as cook. He is currently engaged in the Health Department plan review process. The Health Department reported that the applicant must engage in the Health Department plan review process for operation of a food service establishment, and that no food service operations permit will be issued until the applicant has completed the plan review process. The Building and Fire Departments and Zoning Officer had no comment. Sgt. Grady stated that the Police Department had no objection to approval of the proposed transfer and entertainment license, provided that the conditions stated below (no. 1 through no. 6 for the transfer and all conditions for entertainment) were imposed. The Licensing Board voted unanimously to approve the transfer of the license and to grant a new entertainment license, subject to the following conditions: Transfer: 1. The description of the premises is as follows: 3500 square feet, one story brick building with front glass window, front and rear exits, kitchen, bathrooms and basement for storage. 2. The hours of operation shall be 11:00 a.m. to 1:00 a.m. Monday through Saturday, and 11:00 a.m. to 12:00 a.m. on Sunday. No alcohol shall be served on Sunday before 12:00 p.m. (noon). 3. Seating shall be 89 as shown on the plan submitted (floor plan received in the office of the Town Clerk on May 23, 2019). Seating shall decrease by 12 seats when entertainment/dancing is offered. 4. The manager, Ranjan Budhathoki, and any employees engaged in the sale of alcohol shall obtain an alcohol awareness training program certification (e.g., TIPS) immediately upon hire or expiration of certification. 5. Copies of employee certifications shall be maintained by the licensee and available for review upon request. 6. The subject property, 1 Waverley Avenue, shall be maintained by the licensee in accordance with all Town ordinances. 7. The applicant must engage in the Health Department Plan Review process for operation of a food service establishment. No food service operations permit will be issued until the applicant has completed the plan review process. Entertainment: 1. Musicians shall be limited to four (4), one of whom may be a singer. 2. Instruments shall be limited to piano, string, reed, percussion and/or recorded music. 3. Hours for entertainment shall be limited to 6:00 p.m. to 11:30 p.m. Monday through Sunday. 4. Entertainment is limited to the space shown on the plan submitted (labeled "entertainment"). 5. Dancing is allowed and shall be limited to the area shown on the plan submitted (labeled "entertainment"). 6. When entertainment/dancing is offered, 12 seats shall be removed to provide space as indicated on the plan submitted. 7. During entertainment/dancing, the manager shall ensure that all exists remain accessible. 8. A full -service menu and kitchen shall be maintained when entertainment is offered. Condesa Watertown, LLC d/b/a Condesa Restaurant and Tequila Bar 35 Braintree Hill Office Park, Suite 401 Braintree, MA 02184 The Watertown Licensing Board met to consider the application of Condesa Watertown, LLC d/b/a Condesa Restaurant and Tequila Bar for an all alcohol common victualer license to be exercised at 485 Arsenal Street. Roberto and Ernesto Leon, owners, appeared in support of the application. Messrs. Leon stated that they have been involved in the restaurant business for most of their lives and currently operate four (4) restaurants —two in Massachusetts and two in Rhode Island. They intend to operate a family style Mexican restaurant that offers traditional dishes and a children's menu. A family member, who has 12 years' experience in the industry, will ultimately manage this restaurant. The family member, as well as Messrs. Leon, are all TIPS certified. They intend to hire approximately 20-25 employees, mostly local. Sgt. Grady stated that the Police Department had no objection to the granting of the requested license, provided that the conditions stated below were imposed. The Health Depai tnient reported that the applicant had not submitted its plan review documents for approval. The Health Department further reported that the applicant must obtain all required Health Department permits, including a food establishment permit, prior to opening, and that the applicant must submit a plan review application to the Health Department with all supporting documentation, including but not limited to plans with elevations, specification sheets, etc., and fees at least 30 days prior to the start of construction/renovation The Building Department, Fire Department, and Zoning Enforcement Officer had no comment. 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: one floor, approximately 2,396 square feet, full -service restaurant and dining area, kitchen, bar service, walk-in cooler and two (2) restrooms. 2. The hours of operation shall be Monday through Saturday 11:00 a.m. to 1:00 a.m. and Sunday 11:00 a.m. to 12:00 a.m. (midnight). No alcohol shall be served on Sunday before 12:00 p.m. (noon). 3. Seating capacity shall be 104 persons, with 78 seats indoors and 26 outdoor seats, as shown on the plan submitted. 4. The outdoor seating area/patio shall be monitored by an employee at all times while in operation. A divider and/or barricade to define the licensed premises shall be in place to delineate the outdoor seating area/patio. 5. The manager, Roberto Leon, and all servers employed by the licensee shall attend and successfully complete an alcohol awareness training program (e.g., TIPS) immediately upon hire or expiration of current certification. 6. Copies of all alcohol awareness training certifications shall be maintained by the licensee and reviewable by the Town upon request. 7. The applicant must obtain all required Health Department permits, including a Food Establishment permit, prior to opening. The applicant must submit a plan review application to the Health Department with all supporting documentation, including but not limited to plans with elevations, specification sheets, etc., and fees at least 30 days prior to the start of construction/renovation. Maslow Restaurant Concepts, Inc. d/b/a Strip T's Restaurant 93-95 School Street Watertown, MA 02472 The Watertown Licensing Board convened the continued hearing on the status of the All Alcohol Common Victualer License previously exercised by Maslow Restaurant Concepts, Inc. d/b/a Strip T's Restaurant at 93-95 School Street. Previous hearing sessions were held on February 21, March 21, May 16, and June 20, 2019. On July 18, the Board acknowledged receipt of an application to transfer the license to Pepe's Pizza, which had been anticipated based upon Mr. Maslow's statement at the June 20 hearing session. In light of receipt of the transfer application, the Board voted to close the hearing and declare the matter concluded. McCue's Taxi, Watertown Yellow Cab, Inc. 9 Main Street Watertown MA 02472 The Watertown Licensing Board convened the continued hearing on the status of the hackney carriage license held by McCue's Taxi, Watertown Yellow Cab, Inc. for exercise from 7 (9) Main Street, and the cessation of business by McCue's Taxi, Watertown Yellow Cab. A previous hearing session was held on March 21, 2019. On July 18, the Board reviewed the history of the license and noted the fact that at its meeting of April 20, 2017, on the inactive status request of the licensee, the Board voted to approve the request as follows: any of the 21 taxi medallions authorized for issuance to McCue's Taxi may remain in inactive status for a period of five (5) years from the date of approval: April 20, 2017. Therefore, the Board voted to conclude the status hearing with no further action at this time. Shanaya Corp. d/b/a Coolidge Liquors 44 Lantern Way Shirley, MA 01464 The Watertown Licensing Board conducted a status hearing regarding the All Alcohol Package Goods Store License exercised by Shanaya Corp. d/b/a Coolidge Liquors at 608 Mt. Auburn Street. Jigar Patel appeared on behalf of the licensee. The Board and Sgt. Grady expressed concern that the licensee failed to comply with Watertown Licensing Board Rules and Regulations, Section IV(B)(4), Notices to Licensing Board, by failing to notify the Board of the closure of its licensed premises until after the business had been closed for approximately two (2) weeks. Sgt. Grady reported that he had conducted an inspection of the licensed establishment and found that the business was closed and had a limited inventory. A sign at the establishment indicated that the business would re -open on July 2, 2019, but it currently remains closed. Jigar Patel, owner, stated that he is having financial issues and that his only employee requested time off to care for his elderly mother. He acknowledged his responsibility to comply with the Board's Rules and Regulations but stated he was not aware of the notice requirement. He explained that he is in the process of selling other businesses, and that once those transactions close, he will have sufficient capital to operate the licensed establishment. At the present time, electricity service to the property has been discontinued due to non-payment. The Licensing Board voted unanimously to schedule a show cause hearing on August 15, 2019 based on the licensee's failure to exercise the license. The Board also voted unanimously to require the licensee to submit written status reports to the Licensing Board's clerk every fifteen (15) days. Dyer Quik Pik, Inc. 40-42 Mt. Auburn Street Watertown, MA 02172 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 May 9, 2019 at your premises at 40-42 Mt. Auburn Street, Watertown licensed for all alcohol package store service, to wit: 1. Unlawful sale/delivery of alcohol to a minor, in violation of M.G.L. c.138, §34. 2. Improper management, in violation of M.G.L. c.138, §23 for: a.)Allowing the sale/delivery of an alcohol to a minor. Girish Patel, owner, appeared on behalf of the licensee. Sgt. Grady testified that on May 9, 2019, the Watertown Police Department utilized an underage operative to conduct an alcohol compliance check on several establishments licensed for the sale of alcoholic beverages not to be drunk on the premises, in accordance with Department regulations. He instructed the operative to purchase a six-pack of Bud Light with funds provided by the Police Department, and if the operative was requested to produce identification, the operative was to leave the premises without making the purchase. At 6:14 p.m., the operative purchased a six-pack of Bud Light for $10.59 without being asked to produce identification. Following the purchase, the operative handed the six-pack to Lt. O'Connor, who was outside the premises in an unmarked car. Mr. Patel admitted that the violation occurred. He informed the Board that the individual who made the sale was a part-time employee who had been employed at the establishment for approximately three (3) weeks. He had completed TIPS training, but his certificate had not been issued as of that time. Mr. Patel stated that typically he is present at the establishment but was not there when the incident occurred as he was attending his son's graduation. He added that he has only had three (3) violations in 19 years in the industry and that the individual in question is no longer employed by him, as he is attending medical school in Michigan. He further stated that he works with his staff to ensure that they are properly trained, but no longer employs anyone outside of family in order to eliminate the likelihood of future violations. The Licensing Board unanimously found that the violation of sale or delivery to a minor and that the violation of improper management, as alleged, had occurred, and voted to impose a two-day 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. Patel stated that the licensee would serve the suspension and would waive the right to appeal to the Alcoholic Beverages Control Commission. He stated that the licensee would designate the date the suspension would be served by subsequent notice to the Board. The licensee subsequently notified the Board that the suspension would be served on Monday August 22, 2019 & Thursday August 29, 2019. Yogi Resources, Inc. d/b/a General Market 218 Waverley Avenue 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 May 9, 2019 at your premises at 218 Waverley Avenue, Watertown licensed for beer and wine package store service, to wit: 1. Unlawful sale/delivery of alcohol to a minor, in violation of M.G.L. c.138, §34. 2. Improper management, in violation of M.G.L. c.138, §23 for: a.) Allowing the sale/delivery of alcohol to a minor. Yogendrakumar Vyas, president, and Colleen Kelly, employee, appeared on behalf of the licensee. Sgt. Grady testified that on May 9, 2019, the Watertown Police Department utilized an underage operative to conduct an alcohol compliance check on several establishments licensed for the sale of alcoholic beverages not to be drunk on the premises in accordance with Department regulations. He instructed the operative to purchase a six-pack of Bud Light with funds provided by the Police Department, and if the operative was requested to produce identification, the operative was to leave the premises without making the purchase. On the evening in question, the operative purchased a six-pack of Bud Light for $9.00 without being asked to produce identification. Following the purchase, the operative handed the six-pack to Lt. O'Connor, who was outside the premises in an unmarked car. Ms. Kelly admitted that the violation occurred. She informed the Board that her friend had died of an overdose the previous day and that she was feeling particularly stressed. She stated that she has been involved in the industry for 20 years and had no prior violations. She is TIPS certified and was at the time of the incident, but the certificate had been misplaced. She expressed remorse for the incident and stated it would not happen again. Mr. Vyas also admitted that the violation occurred and informed the Board that the licensee now checks identification for every patron that purchases alcohol. In addition to a device at the counter to verify licenses and identification, he installed point of sale software following this incident that includes a warning or notice to check identification any time that an alcohol sale is registered. Sgt. Grady reported that the licensee had a prior violation in December 2017, which resulted in a two-day suspension, which was served. Following that incident, the licensee installed the device to verify licenses and identification. Sgt. Grady also informed the Board that the manager of record for the licensee moved out of state in March and that the licensee has not had a manager of record since that time. The Licensing Board unanimously found that the violation of sale or delivery to a minor and that the violation of improper management, as alleged, had occurred, and voted to impose a one -day 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. Vyas stated that the licensee would serve the suspension and would waive the right to appeal to the Alcoholic Beverages Control Commission. Mr. Vyas stated that the licensee would serve one day of the suspension on Thursday, July 25, 2019, and that the licensee would designate the second date by subsequent notice to the Board.