Good morning. Thank you all for joining. We'll get started in just a moment. Hello. Hello. Good morning. Thank you all for being with us. Thank you uh for joining. We'll get started in a moment. As a reminder, when you are entering from the waiting room, please do remain on mute
unless or until you are testifying before the board. Good morning. This is a hearing before the licensing board for the city of Boston. Today is Tuesday, August 26th, 2025. Today's hearing is being held pursuant to temporary amendments to the open meeting law. That is what allows us
to meet virtually. Today's hearing is being recorded and will be posted to the city of Boston's website. Before I review procedural matters, I will introduce chairwoman of the board, Kathleen Joyce. Thank you, Danny. Good morning. My name is Kathleen Joyce, chair of the Boston Licensing Board. Today, I'm pleased to be joined by Commissioner Liam Karin and
Commissioner Ki Saxon. Thank you. Please ensure that your audio and visuals are working properly if you will be testifying before the board. I will call each item in the order that it appears on this morning's agenda. I will then ask who is present on behalf of the Lency, who is present on behalf of the
Boston Police Department, and whether there are any other individuals with firsthand knowledge of the alleged incident who wish to testify. I will then swear in all parties. After that, the police report will be read into the record, and the lency or the representative will have the opportunity to make a brief statement followed by questions by the chair and
commissioners. All testimony will be limited only to those individuals with firsthand knowledge of the alleged incident. Begin with the first item on this morning's agenda. Calling item number one, Unity Sports and Cultural Club, Inc. doing business as Unity Sports, located at 10 Dunar A in Dorchester.
Date of the incident, March 22nd, 2025, assault and battery patron on patron in violation of Mass General Laws chapter 138 section 64 and chapter 265 section 13A. Who's present on behalf of the Lency? The Lency, uh, Michael Ford, Unity Sports Cultural Club. And with me is
Sean Cooper, president of the board of directors and assistant manager. Thank you very much. Who is president on behalf of the Boston Police Department? Detective Turkot. Thank you, Detective Turk. Is it possible to turn your camera on so we
can swear you in? I'm having difficulty doing that right now. I'm doing it from a an iPhone, which is not normally my uh way of doing it. Great. Chairman Joyce, can we have the detective um affirm that he's raising his hand when asked to do so?
Yes, that's fine. There any other individuals with firsthand knowledge of the alleged incident who wish to testify? Can you all please raise your right hand? Oh, sorry. I see. Um, sorry, Jeff Nepiro with Capo Restaurant.
Oh, sorry. Thank you. We are not at that item yet. We're on item number one, which is unity. Oh, I apologize. No worries. Thank you. All right, Mr. Cooper and Detective Turkot, if you could please raise your right hand. And Detective Turkot, if you could please uh affirm to us that you're doing so. We see you on camera now. Even better.
Do you Great. If you could please raise your hand, Detective. I have my my hand raised. Yes. Okay, great. Do you sort of tell the truth, the whole truth, and nothing but the truth? I do. Mr. Cooper, we do. Thank you. Turkot, if you could please
read the report into the record for the board. All righty. So, about 12:18 a.m. on Saturday 53 2003, officers White and Tahada in the Fox 112 Alpha responded to a radio call for an assault and battery
in progress at 443 West Broadway South Boston. It should be noted that prior to officer's arrival officer, excuse me, Unity Sports Club first. Yeah, we're looking at um
that's Kappo. Yep. We are we are on item number one right now. Unity Sports Club. I see Officer O'Brien raising his hand. Officer Brian, are you here for this item? Yes, I am. Great. Thank you, Durkot. I believe that item is number two. So, Officer Brian,
if you could please identify yourself. Uh, yes. Police Officer Sean O'Brien, uh, Boston Police District 3. Thank you. And do you please raise your right hand? Uh, right hand. Oh, I'm sorry. No worries. Excuse me. Tell the truth, the whole truth, and nothing but the truth.
Yes, I do. Thank you. Uh, you may please proceed with the report for the board. All right. Uh, so good morning everybody. On the morning of s uh Saturday, March 22nd, 2025, myself and officer Gan were assigned to the Charlie 111 along with Sergeant Omea, the
Charlie 909, we responded um or we were in the area, I should say, of 10 Dunbar Avenue in the city of Boston. Uh we where we onsighted a large fight outside of the establishment, the Unity nightclub at 10 Dunbar. Like I said, um, as we were helping clear patrons from
this licensed premise, a large fight u broke out as there was about approximately 100 people in the the street. Um, due to the large unruly crowd and the tumultuous fighting going on, the uh, sergeant requested that emergency deployment teams as well as
every available unit um, from district 3 respond. Um, in our observations, there was three individuals that were placed under arrest for assault and battery in a Frey, uh, as well as assault and battery on a police officer. Um, as well as another individual that was, uh,
observed attempting to strike somebody in the head with a baton. Um, during this, uh, again during this larger array, um, there was also a priority call. So, many of the responding officers uh left from the area. However, uh we remained on scene
clearing up uh any of the individuals that were still in the area following the larger fry side of the establishment. That concludes from the four corners of the report. I may proceed. Thank you. Uh attorney forward, you may.
Officer, uh only a few few questions. The police were uh called, correct? So, we were actually in the area uh as we were there. We normally uh are outside the establishment at for the let out. So between 2 and 2:30.
And did a uh a Sherwin uh Cooper I don't know if it was your cruiser that came up to uh or the other. Did a Sherwin Cooper come up to your cruiser. Uh I'm not aware of a Sherwin Cooper coming up to the cruiser on that particular night. I would represent that he's in he's also
uh works at Unity, but if you don't have a memory of it um that's fine. the lency cooperated. Uh so the license premise or the it was actually conducted I believe the next day by the detectives from district 3,
not myself or maybe it maybe was a week later actually. I'm looking at I'm sorry I'm looking at the report in front of me. So looks like they responded on the morning of Saturday, March 29th. Okay. And but on the actual uh when the
when the unfortunate event um happened uh were there security that came out from unity? Yes. So there was security out there trying to disperse the crowd as well. Okay. So they were working uh working with the police to u get the job done. Correct.
And it was three individuals that were uh arrested. Correct. Three individuals placed under arrest and another summoned. All right. And is it is it fair to say the fight actually originated outside to the best of your knowledge?
Yes, I I would say that's correct. Okay. Thank you very much, officer. I appreciate your time. Um I just have some uh questions for Mr. Cooper. Would you please introduce yourself to the board? Yes, Michael. My name is Sean Cooper. Um
I currently serve on the board. Um, I'm one of the chairs on the board of directors and also currently serving as president of Unity Sports and Cultural Association. Um, I also assistant manager uh during the nightly events. All right. And it's Unity, it's a nonprofit for Caribbean Americans. Is
that fair to say? Yes. We're one of the longest standing uh nonprofit uh social organizations run by Caribbean Americans here in Boston. And I just want to draw your attention to March 22nd, 2025, the date of the incident. Uh, were there any incidents
uh or or anything out of the usual inside the premises? No, nothing nothing out of any norm. No, nothing nothing took place during the day or even in the middle of the night. And what time is your closing hour? Uh 200 a.m.
And could you just briefly describe uh what transpires from as the clo as it leads up to the close? Okay. So, uh, one of the managers, um, assistant managers like myself will come outside probably around 1:20 a.m. to go ahead and check the street for, you
know, uh, things out of ordinary. We have cones set up to make sure folks are not parked in illegal areas in around the neighbors. Um, we watch to see, uh, if any cars are double parked, you know, uh, waiting to pick up patrons as they leave. Um, so that we can show them
where they can actually pick them up, right? and just watch for things out of the ordinary. And then um we usually come back in right around 1:30. Around 1:40 the lights turn on at Unity starting the exiting process. Right. And then at 1:40
um the manager or another manager assigned on that night will go back outside um to assist the security already outside um for the let out. All right. the uh the other manager will remain inside the club to kind of assist the security uh with that process. Um
and part of their responsibilities is checking the bathrooms to see who's still around. Um checking uh you know the different areas of the actual building um so that we can direct folks to the exit. And the club is actually located on Dunar A.
Yes, that's correct. And how do you direct what's what's the manner and direction that you direct uh patrons out? Right. So uh our our entrance both our entrance and our exits are on Dunbar A. Um but we usually m use our main door for the entrance right during check-in
throughout the night. But at the end of the night um we have them exit not back onto the street immediately. They exit out on our side uh exit uh which leads to our parking lot onto the uh sidewalk right across the street from Moody Street, right, which is also Dunvar
Avenue. And and during the uh you know preparing for the let out uh drier to attention to about 140. Uh well, can you tell me who Sherwin Cooper is? Right. Sheron Cooper is my younger brother who also um serves as assistant manager and head of floor staff on that
night. Um, so around 1:40 I I remained inside with some of the security and one and he went outside uh with the remainder of the security, probably four other security guards at that point in time. And um uh uh he accounts that at
this point in time um there was some individuals in a vehicle who um apparently did not come to the event, but they were double parked on Dunar Avenue. All right. Um, one of them came out the vehicle, a lady, a woman, she came out the vehicle, said something
kind of obscene. All right. Um, and he noticed that there was police already parked on Washington Street, you know, facing us, right, for their usual, they usually wait there for the let out. Um so as when she uh made some sort of a scene of gesture at some sort of a of one of our patrons who had just left
waiting for their ride um he decided to go ahead and flag down police because it looked like she was looking to engage um with the the patron who had left who was who were waiting on their ride. So upon that happening um uh when he was able to
get the attention of the officers um they headed back to the area where our patrons was waiting and by then you know they began to engage at that point and at some point when you say engaged are you referring to a fight breaks out?
Yeah they started the fight. Yeah. Okay. And about how many people were directly involved in the fight? Right. Um there were two persons working I mean excuse me waiting for their ride um who actually came to the event and there was a person who we identified um
a young woman and another that came out of that that vehicle. I don't know if there's any others that came out of that vehicle at that point in time but there was uh so basically four right two from that vehicle as far as we saw and two that was waiting. And where did it where did it continue?
Where did it uh travel? Did it stay in front of the uh the club? It stayed Yeah, it stayed um approximately um diagonal to the club, right in front of Moody uh Moody Street. Moody Street runs off of the club, off of Dunar. So, it was right around that
corner between Moody Street and Dunar on right across from the club's gates where we have the let out. Is this something that uh commonly occurs or occurs at all at Unity? No, not necessarily. No. All right. And I just wanted just to describe to see what you're doing differently and
whatnot on that day. How many security were working? Uh we had uh 10 security, right? Um including our our floor staff. We had four floor staff, two managers, myself and Sherwin, and then we had two others
um from the organization also there. All right. And since the event, did you have you had meetings and discussions with the security team following this event? Yeah, we typically meet weekly, but after this particular incident, we we met to kind of review our exiting process uh and also uh to begin an
initiative to put more resources out on the street um to assist right on top of the four security that typically will go outside initially during the let out and anything that you're doing with respect to double parkers. Yeah, what what we typically do is uh
well, we catch them as it's about to happen. one. So that you know it takes resources for someone to actually be there as it's taking place, right? And we just ask them uh to make the loop. Don't stay there for too long to to to prevent them from blocking traffic down the street, right? Because that causes
other things as well, right? You know, folks to hang out and things of that nature. So like if we get them moving uh and even take the loop, Uber drivers, you know, folks who are just lift drivers, things who are trying to come pick up patrons, we just have them do a loop. All right? so that they can wait a little bit further down the street on
Whip Birth. Okay, Mr. Cooper, I don't have any other uh questions for you. I don't have any other witnesses other than just to say this really wasn't foreseeable. Immediately alerted the police of any suspicious activity, responded and have
made adjustments to the 130 uh closing procedure. Thank you for that. We'll see if the board has any questions at this time. Uh Chairwoman Joyce, uh thank you. Was this a special event or what was going on this night? Uh, it it wasn't a special event. We had
we it was a special event. Excuse me. It was a special event, right? I believe we had a a concert or a singer that night. Do you know who that was? Someone that performs there often or No, probably one one time. I don't know off the top of my head, but I definitely
can with you. So, I was just reviewing the security plan in which was submitted to the board in 2023. Can you walk me through um you know when you when last call is, when you turn the lights on, and when um the
music stops? Absolutely. Um so um 140 is when the lights turn on. 145 is when all service stops in the building. Um and then 150 um is the
start of when we would typically shut the music down. music and all performances, mics off and get the uh staff prepared to break down their their equipment, you know, um right around 1:50, they might make an announcement, you know, to start filing or whatever it is on the over the mic. And that's
usually the last message before the mic turns off. Um and uh we are to get everyone out of there right around uh 2:00. Uh we got about 10 15 minutes to get them out of there and then our staff typically leaves uh probably no later than 2:30.
So, in your estimation, that's enough time. What's the capacity here to get these people out in 10 minutes? Uh, out the building, the capacity is uh on on that side of the building is about 490. Okay.
I just I question whether or not 10 minutes to get people to close out their bills to get to the door and to disperse in an orderly manner is enough time with the number of staff you have given this location. Yes. Um I mean a lot of the folks I mean
and I and I don't I don't disagree. a lot a lot of the folks um um start moving out of the building and in fact I guess the folks who actually got involved in this particular incident actually left uh before the light turned on right they were already outside by that time um and and that's pretty much
the norm too. We make that available that exit available uh probably around the 1:30 hour. So folks are usually starting to leave initially on their own accordance around that time. So, it's it's not definitely at capacity. Uh by the time the lights turn on, typically
folks will leave a little bit earlier. Okay. Um I think it might be worth taking another look at that to see if it's appropriate or perhaps backing up that time. Okay. Have a crowd leaving at the same time
with 10 minutes. Um, again, I don't know how many people left before that, especially if it's a special event with a a singer, people aren't necessarily going to be leaving early. Um, it might be something you should consider. Okay.
Um, so the police report says the at 2:10 a.m. there was a fight of 100 people outside there. There could have been 100 people
but the initial fight fighting right I don't believe it was all 100 people we believe we saw the how it got instigated how it started and that started with like I said about four four concentrated people and I think they're probably already in the report those folks.
Okay. Do you do you have video cameras or any footage of this um dispersal? Um uh I I don't know if we have footage of that at this point because it goes across the street diagonal to the street. Our ours only covers up until
the point in time uh right on the right right our gates our gated areas where it usually is where it usually starts. So if it's on Moody Street at points at someone's home. So like we don't really have the camera right at the home. So when you after this event and you guys had a staff meeting, did you review
footage about dispersal? Uh, yes we did. Okay. Tell me about that. Was there camera footage of the dispersal and of the fight? There was there was footage of the dispersal. We couldn't necessarily see
the fight. Like we're off this we off the screen. It was off the screen, but we couldn't see the fight. We could see dispersal, right? like the gate area. Like I said before, we can't see the actual fight or when the police fell down with with the uh um the uh the instigator and and the patron at the
time. We couldn't see any of that. My next question is did you preserve that video for us to review even though it's your testifying that it wasn't visible? At the at the time I I I do not have it. Okay. Because it it lasts about two and a half to three weeks. So, we, you know,
unfortunately, we did not record, which is not typical, but we did not. We're going to note this in the file, um, that you have video cameras if cops are showing up for a fight outside with a 100 people, um, and that all, um, available units from the district had to
respond. Um, I'm directing you to to um save that video until you come before the board for a hearing, whether or not it captures the incident or not. knowing that you were going to have a hearing that I think has been um
postponed at least once, I'm asking you to preserve the video for us to review. Yep. And let us determine Yeah, let us determine whether or not it captures the incident. But the fact that you have video, you reviewed it. Um that being said, it
would be helpful to the board to be able to review that as well. Right. I I'll definitely put that on myself. Typically when we get handed the uh um the summons or from the from the police report typically they usually will request it. So that's it's usually on the mind to do it at that point in
time but we didn't. Okay. It wasn't requested at that point. Okay. Um I will see if Commissioner Car and Commissioner Sax have any questions. I think the chair addressed most of what I wanted to go over except for um the Uber
lifts. Have you made any attempt to work with Uber and Lift to um send Uber and Lift patrons like down the street so they have they immediately have to move down the street to be picked up? So I think like for f like for festivals or stuff like that um Uber and Lift knowing
that it's going to be so crowded they they basically don't let people set the pickup point as the front door and they send it down the street. Have you done anything like that? I have I have not but I'm definitely open to that without a doubt. anything to kind of alleviate that for sure. Yeah, because if all those people who
are intending to take Uber and Lift immediately having to get down the street to get their Uber and Lift, it might help. Um, I No, I agree. I agree. I don't know exactly how that works, but I I don't think it's that difficult if you look into it.
Okay. But your suggestion is to reach directly out to the the companies. I don't know if they have something in their app or something like that. Um, you know, I'm I'm trying to look right now. I I know like on a uh on a intermittent basis, like for a festival,
you can ask them to do it, but I don't know about um you know, continuing. So, right, you'll have to talk to over there with that, but it might be something to look into. Um Sean, could you just uh confirm how did you guys figure out that the um
instigators were not patrons? You you said apparently they weren't patrons, but how how did you confirm that? How did we confirm it? Um because I believe we had um uh we had the person
who came out the vehicle um had an argument probably months earlier and she also wasn't there on that particular night. So we're aware of the the face, right? And we're we're aware of the name of the face as well. Um so she probably she wouldn't have been let into the club that night either way, right? Because we
already kind of knew. So when when she showed up and then you know she said whatever she had said at that point in time we kind of knew to just flag the police down. So it's a recognizable face I guess is the best way I can explain that.
There any further questions from the board at this time? Seeing none the board will take this matter under adisement. Thank you. Calling item number two, 443 Broadway LLC, doing business as CapPo, located at
439 to 441 West Broadway in South Boston. Date of the incident May 3rd, 2025, assault and battery with a dangerous weapon patron on patron in violation of mass general laws chapter 138 section 64 and chapter 265 section 15A. Who's present on behalf of the Lency? Good morning, Madam Chair,
members of the board, Attorney Green, Kristen Scanland for the Lency, and with us this morning is Jeff Dapiro, uh, one of the lency managers who was, uh, on premises that evening. Thank you. I do see Mr. Dapiro, who is present on behalf of the Boston Police Department.
Detective Turkot. Thank you. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify? Uh, Officer White, Boston Police. Great. Thank you very much. Can you all please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth?
I do. I do. Thank you. Who will be reading the police report into the record for the board? That'd be Detective Turkot. Great. You may please proceed. All right. I apologize for earlier for trying to skip the line. No worries. Here we go. About 12:18 a.m. on Saturday
53 2005, officers White and Tahada and the Fox 112 Alpha responded to a radio call for an assault and battery in progress at 443 West Broadway, South Boston. It should be noted that prior to the
officer's arrival, officers were informed over the radio by another officer that an assault and battery had taken place at Kappo restaurant approximately 10 minutes ago. Officers were then informed that a male had smashed a bottle on someone's head.
Officers were then provided a description of the suspects via Boston police operations where the suspects were described as two white males approximately 6' tall. One suspect was described to be wearing a white t-shirt and the second suspect was described to
have a sweatshirt around their neck. The suspects were then said to have fled on foot in the direction of Dorchester Street towards East First Street. Officers then made contact with two males who were matching the description in the area of East Third Street and
Emerson Street. Officers then spoke with Mr. Aiden Hoey, date of birth 916 1997, who stated to officers that while inside Capo, there was a commotion inside and that his friend, Mr. from Matthew Novitzka's date of birth 101593
who was struck in the head by a bottle. Mr. Hoy then stated that the altercation became physical between or became physical before leaving Kappo. Officers then spoke with Mr. Nabitzka who confirmed that what Mr. Howe had told
officers. However, he did not provide any further information. After obtaining statements and identification from both Mr. Hoey and Mr. Niskas, but both parties declining EMS. Officers informed both parties that they were free to leave.
Officers then made contact with Mr. Philip Chimera, date of birth 81698, who was currently being attended to by the ambulance A6 in front of Capo. Mr. Chimera stated that while he was in
Capo, there was an altercation that had transpired and that he was struck in the head with a bottle. Mr. Chimera then stated that as a result of being struck by the bottle, he was lying on the floor but could not recall anything further. Mr. Chimera described the male who
struck him with the bottle as a white male who was around 6' tall. However, could not provide any further description. It should be noted that Mr. Chimera had blood on his face and clothes. However, Mr. Chimera had his forehead bandaged at the time. It should
also be noted that Mr. Chimera was transported to Tus Medical Center by ambulance 186 for further evaluation. Officers then spoke with Mr. Declan O Sullivan who works security at Kappo who
stated to officers that while he observed the altercation who stated that to officers that he observed an altercation and when he went to go see what was going on, he observed one white male pulling on another white male. Mr. Sullivan then stated that he
then observed Mr. Chimera who was lying on the ground with a bloodied face. Officers then requested the patrol supervisor, Sergeant Mahoney, to the scene and Detective Morardi then arrived on scene and issued the license premise violation.
That was at about z uh 12:30 a.m. Uh Detective Morotti responded to Capital Restaurant 443 West Broadway for the fight. And I think that was just uh restated just now. Mr. Depiro signed and accepted the notice and uh Mr. Depiro
was uh cooperative is how the original report ended. Um if if I may proceed, I also have my investigative supplemental. Thank you. I do see that. You like like to proceed with that? Yes, please. Okay. During the course of the
investigation into the reported assault and battery, which was stated to have occurred at Capo Restaurant Supper Club at about 12:18 a.m. on Saturday, March 3rd, 2025. It is believed by this detective that both parties identified
as Matthew Nitzka and Philip Chimera engaged in mutual assault and battery upon each other, resulting in Philip Chimera sustaining a laceration upon his forehead, requiring hospital transport and multiple stitches to his wound. Video footage provided by CAPO staff,
Mr. Deiro and and Mike Doyle, uh depicts the imminent aftermath of the incident, but fails to capture the actual physical altercation between the two parties due to the the camera angles, but additional video footage shows the wound sustained to Mr. Chimera
and two white males being escorted out of the restaurant. Officer's bodywn camera footage depicts responding officers stopping and identifying two white males, Aiden Hoey and Matthew Nitzka, a few blocks away from Kappo, matching the description of
the same individuals being escorted out of Kappo. Matthew Nitzka and his friend Aiden Hoey both gave similar descriptions of the physical altercation with an earshot of each other. Mr. Nisca can also be overheard stating he started
something he couldn't finish after reporting that he was hit in the back of the head and neck by Philip Chimera. This detective also spoke with caller Capital manager Mike Doyle who was the original caller to to 911
who reported the assault and battery. According to Mr. Doyle, he assumed a bottle was used after observing that Chimera was bleeding from a laceration to his forehead. At no time did Mr. Doyle or responding venue security
Declan O Sullivan observe a bottle or any broken glass in the immediate vicinity of the assault and battery. So my investigations concluded that there was really no bottle involved, just that there was an assumptive um statement
made due to uh Mr. Doyle observing a cut to Mr. Chimera's forehead. And that's um that's the end of my report. Thank you, detective. We will uh see if attorney Scanland would like to address the alleged incident.
Yes, thank you. And thank you, detective. Um this question might a couple questions might be better for officer White based on his initial responding to the scene. Um but Officer White, you responded based on a call from the premises, correct? A 911 call?
Yes, ma'am. And that was placed by um licensed premises manager Mike Doyle. Correct. I I can't confirm who the call was, but there was a radio call for it. Yes, ma'am. And following the call to the licensed premises with the assistance of staff,
you located the uh suspects or Mr. Hoey and Mr. Nitzkus in a different area of the South Boston neighborhood. Correct. Yes. You had the opportunity to speak with them. Yes. And the suspects alleged to you that a
bottle was thrown at them or one of them. Yes. So when we make contact with both of those individuals, I don't know which I don't remember which individual said it, but they um said that they they were actually assaulted and hit in the head by a bottle. They didn't did they didn't mention by
whom. Correct. No, ma'am. And for the record, you did not observe any injuries on Mr. Hoey. No, ma'am. And both both of those parties at that time declined EMS as well. Thank you. And just for the record, you
did not observe any injuries on Mr. Nitzkus either. Correct. No, ma'am. And following your um discussion with them, they were free to leave. Correct. Yes, ma'am. To your knowledge or um Detective Turkot, um this might be a better
question for you. Were any charges subsequently filed against either Mr. Hoey or Mr. Nitzkus. Yes. Uh the charges of assault and battery, mutual assault and battery on both um Mr. Nitzka and Mr. Chimera were filed um
and and heard in South Boston District Court. Okay. Mr. White or sorry, Officer White, um and Detective Turkot, did either one of you speak with any witnesses that evening that observed what started the altercation?
Um, in in terms of what started the altercation, uh, we didn't speak to anyone about that, but um, I believe it was Mr. O. Sullivan after we spoke to the victim in the ambulance. He he did kind of tell us what he observed. Other than that, we didn't I didn't speak to anyone that knew exactly why the assault
had transpired. Okay. Thank you. And Detective Turkot, as part of your investigation, you went to the licensed premises and viewed camera footage with Mr. Depro. Correct. Correct. And you watched um several different
angles um specifically that showed Mr. Hoey and Mr. Nitzkus on their way out. Yes, that's correct. And just to confirm, and I think to to your testimony previously, um there's no evidence that you discovered that any um
weapon, glass, bottle, or otherwise was used against Mr. Chimera. That is correct. Okay. And when you viewed the camera footage, um, you didn't see anything to support the claim of Mr. Niscus that Mr.
Chimera was the initial aggreg aggressor and struck him in the back of the head or neck. No, the uh physical altercation um took place just immediately out of camera
angle. like the camera angle that I observed, the altercation would have taken place to the lower right hand corner of it. Um, but you can see the immediate aftermath. You can see people pushing and shoving. Um, but Mr. Nitzka and Mr. Chimera are are out of camera
angle for that interaction. Um, so when when the fight was done, you can see Mr. Hoey and Mr. Nabisca leaving the prem the area and Mr. Chimera
standing up and he has a laceration to his forehead. Okay. Thank you. Um but just to confirm, there's nothing no evidence to support Mr. Nitzka's claim that Mr. Chimera was the initial aggressor in the matter. No.
Thank you. And were staff cooperative with you at all times that evening and throughout the course of your investigation into this matter? Yes. Thank you very much, detective. Um, no further questions at this time for Detective Turkot or Officer White. I
appreciate that. Um, if I may, uh, Madam Chair, members of the board, this incident happens just before midnight and to Detective Turk's point, just off camera. Whatever initiated, um, this altercation unfortunately wasn't caught by cameras.
But by way of background and as an initial matter at that time the capacity downstairs in what's known as a supper club was approximately 300 people. The um overall capacity downstairs is 360 as well as 360 people upstairs. There was
only about 85 people upstairs. That particular evening the lency had 10 security staff working plus three managers two of whom were mentioned um in the police report. Mike Doyle and Jeff Dapiro who's here with us this morning as well as Emily Turnbull and of
course several servers, hosts, bartenders and other staff. In particular, security member Declan O Sullivan whose statement the board has on record who was unable to attend today uh was working his second shift um that evening at Capo, second shift ever with
his his initial employment at Capo. and he was the first employee to see and respond to the altercation described in the police report. Soon to be followed by four other security staff plus the two managers, Mr. Diro and Mr. Doyle. As the board
will see from Mr. O'Sullivan's statement, he was positioned on the stage overlooking the dance floor when he suddenly saw a commotion of two men pushing and pulling at one another. He immediately responded to deescalate the situation while simultaneously calling
on the radio that all security have for backup. Mr. Sullivan, when he responded and got down from the stage, suddenly realized there was a third person involved who was Mr. Chimera, the person with the injury to his head. Um, as you'll see from the camera footage, um,
which I believe the board has from police, but we'll also submit, um, the additional angle that we referenced in yesterday's correspondence to the board describing, um, the events. Um, and also in line with Mr. O Sullivan's recollection, four other security staff
again respond with two other managers um, to break up um, this incident. uh manager Jeff Dapiro who has been employed with the Lency for approximately 2 and a half years is here and can answer any questions regarding the incident and his response to it but
he was part of um separating in particular the injured party Mr. Chimera who was an offduty employee of the Lency which they found out obviously when they were responding to this incident uh Jeff will tell you that when he responded to the dance floor and saw that it was um
Mr. Chimera that was injured. Uh there was also no other injury to the other two males involved in this incident, consistent with officer White's testimony as well. Uh meanwhile, while all this is going on, in the matter of um 90 seconds to two minutes, um Mike
Doyle, who's a longtime manager at the licensed premises, called 911 um in accordance with rules and regulations because of the ongoing um or not the ongoing, but the fight that had just ensued with injury on the premises. While waiting for the police to to
respond, staff proceeded per protocol in separating the parties with the two aggressors, Mr. Hoey and Mr. Nitzkus leaving the premises. Um, as Detective Turkot stated, there's no evidence to suggest that any sort of weapon or glass b glass glass or bottle was used to
cause the injury to the victim's head. This was based on um an assumption made made um from the appearance of the wound itself. Um, regarding the camera footage, you can see Mr. Chimera and the two um
aggressors in the aftermath, but can't again see the incident itself. So, we still don't know why exactly it happened. We did um or Mr. Dapiro did question Mr. Chimera what happened and he wasn't he wasn't sure what happened.
Um again, the detective came in and viewed the footage with Mr. Dapiro, watched a couple of angles that showed the aggressors on their way out. And just for the record again, nothing was in his hands on the way off the dance to suggest any use of a deadly weapon as described in the licensed premises
violation. Um, in summary, um, and and for the record, there was no issue with these patrons previously that evening. Um, we have no information. Um, neither did the police looking into their investigation as to what started it. Um you'll see again from the camera footage
that the incident happens and it's over and responded to in under two minutes with several staff responding and separating the parties per um all protocol. They called 911 and cooperated with the investigation and continued to keep police apprised of the direction Mr. Hoey and Mr. Dvitzkus left in so
that they could find them after they left and questioned them regarding the incident. All in all it well it's an unfortunate incident. It wasn't foreseeable that this would occur and under the circumstances the lency and their staff uh handled it according to all rules and regulations and their
internal policies and procedure as well. Um at this time I think it if the board has any questions that I can answer or um Mr. Depiro can certainly answer, we're happy to. Thank you. And just for the record, we did receive the missing video angle this
morning. Thank you, Mr. Depro, for sending that over. Um we'll see if there are any questions at this time. and chairman Joyce. Uh, thank you for all that information. I don't have any questions at this time. Commissioner Car, Commissioner Sax, any questions?
Yeah. Um, so either Attorney Scan or Mr. Deir, do do either you know how far away Mr. O'Sullivan was from the initial point of aggression? Uh, yes. It would have been
approximately approximately 10 to 10 to 12 or so feet. Uh cuz he's he's pretty much he's standing on our stage and it was it was just over to his left about
about 10 10 to 12 feet or so. All right. And uh I might have to Are you famili Mr. Dpierro? Um, you familiar with that uh camera 8 angle that we've been given? Yes.
Uh, in that screen, where would he be? The the top left. Uh, yes. So, you'll see you'll see right at the very beginning of the video because he does about um about two three seconds into it. Um, you see him start
moving, but at the very beginning, he'll be top right. Top right there. Um, you can see the curtains that are kind of lit up a little bit and he's standing there. You'll see him again like two, three seconds into it. He turns, sees the commotion, starts heading that direction.
Okay. And so his post in that screen depiction would have been top right, kind of looking out at the dance floor across the screen from right to left, right?
Yes. Yes. Exactly. Yeah. So he's uh in the top right corner left and then came down the right side of the screen. Yes. Okay. Can you describe that area of the restaurant or club um that is not covered by that camera 8? Is that a
corner of the room? Yes. So um essentially where the curtains are is of course our stage u where we usually have live music earlier on in the night. um it had since ended at this point, but uh to the right of that stage is is really the corner of
the room. There's there's uh another smaller bar. It's about um about four or five fivet long, like a smaller satellite bar we have set up over there with bartender. Um and then it's it's really the the corner of the
room there downstairs. Oh, so there's there's a service bar back there. Yes, there's a smaller bar. Yes. Okay. And the these curtains you're referring to, um, am I seeing them kind of on the right upper corner?
It would be, uh, directly behind where Declan is at the beginning of the video there. Okay. Do you know how how much square footage is represented by that blind spot? Um, off off the top of my head, uh, I do
not know exact square footage. I don't want to guess on it. Um, it's it's um I I could All right, here's another uh maybe way to estimate it. How many people were in
that corner that I can't we can't see? Um, again, this is going to be an estimate. Um just kind of or how many people could we fit or how many people were there at the time? Uh both. Okay.
um remembering back to it. uh you know uh it there was you know probably another you know 15 maybe maybe 20 people over there which um really next
next directly to the sta next to the stage to the right of it um you know is is is a little bit more space but we had the the curtains closed off on that space. Um, it's kind of like a a side uh suite where sometimes we
have, you know, like some friends of ownership or VIPs come in that, you know, we we let them um just kind of hang out in that space or when there's live music going and there's friends of the band, they'll they'll hang out there, but we had that space closed off. Um, so it it's really about yeah,
probably about 15 people or 20 people that would have been over there max. All right, that's all I have. Thank you. Nothing additional. Thank you. Thank you. Are there any additional questions from the board at this time? Seeing that the board will take this
under adisement as well. Thank you very much. Calling item number three, Paige Hospitality, Inc. doing business as Hava Lounge located at 246 Tremont Street. Date of the incident, May 4th, 2025. Indecent assault and battery. patron on patron in violation of mass general laws
chapter 138 section 64 chapter 265 section 22 who's present on behalf of the lency good morning madam chair members of the board attorney green mark of leiadis for page hospitality incorporated with me I have Kevin Montgomery who is the director of security for the
establishment thank you very much who is president on behalf of the Boston police department s detective galler you can read it if uh detective walls is not here. Thank you. I do not see a detective walls with us. Are there any other individuals with firsthand knowledge of
the alleged incident who wish to testify this morning? Can you please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. I do. I do. Thank you. Sergeant Dr. Gallagher, if you could please proceed uh with the report for the board.
Yes. Good morning. At about 2:23 a.m. on Sunday, May 4th, 2025, officers Petraula in Ortiz in the Alpha 113 on site at a fight outside of 246 Trmont Street, which is Harava. Officers were on
routine patrol when they observed an altercation taking place outside the Club Hava at 246 Trumont Street. Officers activated their emergency lights and sirens and responded to separate the parties. Officers observed two individuals in a car stating that
they were trying to leave. Officers allowed them to leave. Officers then proceeded to speak to the other parties involved when they were approached by the victim. The victim was being consumed by multiple friends and crying.
The victim told officers that while they were inside the club, she was sexually assaulted. The victim reported an unknown male that approached her, was grabbing her all over. She stated the suspect was attempting to dance and kiss her throughout the night. She stated
that she grabbed that that she grabbed that he grabbed her breast and was attempting to stuff his hands down her pants, but never made any penetration. The victim stated that it was not consensual and not wanted. The victim
stated that she was able to grab her friends who were able to separate her from the male. Upon getting to the exit of the club, they observed the suspect and her male friends began to approach and fight him. Officers spoke to the victim's friend. Friend stated that he
observed the victim being grabbed by the suspect in the club. The friend stated that he could not see that his friend was distraught and brought her to the exit in order to figure out what was going on. The friend stated that multiple people had also pointed out the suspect and that he was being
inappropriate in the nightclub. The friend stated that when he brought this up with the club security, they were not helpful. The friend was also able to get a picture of the license plate of the vehicle that the suspect was in. The vehicle was a black Toyota 4Runner with
mass reg x-ray tango 89. Officers Ortiz spoke to security uh Robinson Cadet who stated that the victim was inside with the male suspect. Security stated the victim did not appear to be in distress until she saw
her friends. Security stated the victim suspect was kissing and at no point pushed the suspect away. Security stated they observed the victim leading the male through the club. Security stated that they overheard the victim say that she was pushing the suspect away, which
security stated were all lies. Security stated that it appeared that consensual and the victim was initiating contact. The victim declined to be seen by EMS. Sergeant Detective Jefferson responded, is a license premise violation number 017681.
Body warn cameras were activated. Sergeant Detective Barrett and sexual assault unit was also notified. Uh that is all we have. Thank you, S Gallagher. Attorney of the Would you like to address the alleged incident? Yes. For Sergeant Detective Gallagher,
uh just for the record, you were not there that evening, correct? No, sir. Uh I have with me Kevin Montgomery who was there on this particular evening. Kevin, if you don't mind uh introducing yourself and telling us how long you've been with the security team there.
Kevin Montgomery, director of security. I've been with the company possibly over uh 20 years and on the particular evening in question you were there and did you witness the incident yourself? I did not witness it. Well, there was no
initial incident inside. Um I did see the altercation outside which was very brief and the police happened just to roll up on the scene just then and then um they did the initial investigation and chose to let the other gentleman leave and completed the investigation
with the patron who made the accusation. As far as Robert Cadet, did you have a chance to speak to Mr. Robson Cadet regarding the incident? Yes. Uh unfortunately Robertson is no longer with us but after speaking with him that evening he concurred what the police report said
and that was that the uh victim did not appear to be in distress at any time. No she did not and that further the victim was seen kissing this particular individual throughout the night. Uh yes as a matter of fact um when the investigating detective came by we
issued the vide tape for him. Um, I'm not sure if the the board has it, but the detective has the disc drive and we uh also observed the whole incident on camera with him being consensual. Okay. So, after the incident, you went back and reviewed the camera footage and
saw that the statements that the security team had given you were correct. Correct. Uh, and you provided that particular video and surveillance to the Boston Police Department. Correct. Correct.
I have no further questions for the witness. I believe that in this particular instance uh at the time where the victim met her friends, she then became upset and went outside.
For whatever reason, they started an altercation with this particular individual. Do you have any reason why or do you have any knowledge why that may have happened, Mr. uh Montgomery? Uh only I have no idea why she would have made the accusations that she did other than the fact that she might have been
really embarrassed and wanted to double down on it. I mean I really can't go to her state of mind at all. Okay. I have no further questions for this witness. Does the board have any questions for him? We will see if they do. Chairman Joyce, I don't have any questions.
Uh Mr. Montgomery, the in the police report, it states the friend of the alleged victim uh stated that multiple people had pointed out the suspect and also that uh the friend stated that when he brought this up with security, they
were not helpful. Was that you? Uh no, that was not me. Um as far as um multiple people, the multiple people that he says that was pointing him out were all his friends. They all they all got the same information and they all made the same accusation.
Okay. So, you're aware of this? Uh, yeah. Well, that's that's when we had to I mean, everything happened very quickly at Boston right there and everybody did the initial investigation right there and they I think what the uh the member of the
board is requesting from you is do you know if anybody approached security during the course of the evening? Oh, no. No, not at all. No, not at all. Making a complaint. Absolutely not. No. Okay. So, that that is what I was getting at. Uh, I'm sorry. Um, that this
paragraph makes it seem like complaints were made prior to and inside. No, that that's not exactly what happened. Once they got to the top of the stairs and everything happened, that's when she made the complaint. And I don't know if they felt like they wasn't being assisted correctly, but I
mean, we absolutely showed the care and concern that we would in any anything such as serious as that. Okay. Um, that's all I have. Thank you. Okay. um from the video that you guys observed, I mean certainly there could
be actions that were were consensual and then actions that were not. So from everything that we've heard, there was kissing and then there was like I think I heard a hand being shoved down her. So did you see that? And did it did
it look like that particular act was actually consensual? Um, no, we did not see any of that take take place. You didn't see any? Well, what was the kissing? Well, the kissing the kissing in the corner is what brought her to attention. So, yes, the actually security flashed a
flashlight on him and that's when you can actually see her leading them away to to another area of the club. It was definitely concentr I'm sorry. Um, do you we don't have the video yet. It may be in the possession of the um detective, but do you guys still have it?
I have to do some research on it. I'm sure we do have another copy. If you could do that, I appreciate it. I guess we'll ask Boston police to uh provide if they have it too, but um if you could look for it as well, just so we're sure both angles. Thank you. Okay.
Thank you. Yeah, no video of this incentive to the board at this time. Are there any other questions from the board? Great. Then I will request from the lency and also from the Boston police to forward any video that may be in their possession. Um with that the board will take this matter under advisement at the
for the time being. Thank you. Thank you. Thank you. Calling item number four. K&G Entertainment LLC doing business as Sidebar located at 14 to 16 Bramfield Street. Date of the incident May 9th 2025. Assult battery employee on patron in violation of mass general laws
chapter 138 section 64 and chapter 265 section 13A. Who is present on behalf of the Lency? Hello, this is officer 2 for uh the incident that happened for sidebar. Thank you officer for being with us. Um first I just want to see if there's anybody actually with us on behalf of
the lency. Is there anybody here from sidebar? Great. We do know that they were hands served and signed notice. So we will take a second call and attempt to uh locate the lency. Um thank you officer J for being with us. Please stand by in case they do show up. Thank you.
Thank you. Moving on. Calling item number five. Stark Hospitality LLC doing business as Hugh located at 90 Extor Street. Date of the incident May 18th, 2025. Salt and battery patron on patron on the sidewalk in violation of Mass General laws. Chapter 138 section 64
chapters 265 section 13A. Who is present on behalf of the lency? Do we have anybody with us on behalf of Hugh? Hermea Bellichu. Great. Thank you, Miss Belichu, for being with us. Could we please uh turn your camera on so that we can swear you
in? I've just asked you to start your camera. Okay. Give me one second. Sure. And in the meantime, who is present on behalf of the Boston Police Department? Thank you, Miss Bel. We see you now. Sergeant Jefferson should be here. I was
uh just emailing her. She might be on another issue. I'm probably working. I can read it into the record if uh officer Milikin's not here. Is he Do you see him here, sir? Sorry about that. I am here. No worries. Thank you very much for
joining us. And that's Sergeant Detective Jefferson. Sergeant Detective Jefferson. Yes. Thank you very much for being with us this morning. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify? Can you please raise your right hand? Do you sort of tell the truth, the whole
truth, and nothing but the truth? I do. Thank you. Sergeant Detective Jeffson, if you could please read the report to the record for the board. Uh about 2:03 a.m. on Sunday, May 18th, 2025, officer Milikin and Martinez in the Delta 103 Alpha responded to a radio
call for assault and battery in progress at Hugh 90 Exit Street, Boston. Other responding units including officers Walsh and Beard in the Delta 101 Alpha, officers Langum and Ortiz in the Delta 203 Alpha, and officers officer Mers in
the Delta 411 Alpha. Upon arrival, officers met with the victim, Leonardo and Nelson. Date of birth 62783, who reported that he was attempting to break up a fight with his friend, was involved inside outside, sorry, outside
the bar, and was punched in the face. And Nelson appeared to have swelling and bleeding to his nose. A Nelson described the male who punched him as a 20 to 30 yearear-old Middle Eastern male with curly black hair wearing a white shirt,
blue stripes, and jeans. Officers searched the area for the suspect to no avail. Officers were approached by Adnan. Adnan seems like the same first and last name. date of birth 82198
who reported he is the contractor for Juba Entertainment and was uh the one in charge of the party at the above nightclub. Adnan reported he believed he had more information about the individuals but he was unable to provide it at this time because his phone was
not working. Officers were shown the camera footage of the incident. The fight appeared to involve approximately 10 to 20 people. There were several altercations that stopped and started over a time period of about 10 minutes with multiple people throwing punches at
one another. No weapons appeared to be involved. Security reported the camera footage reported the camera footage was from camera D8 supper club 2. Sergeant Detective Nina Jefferson, the victim 947, arrived on scene and issued a
license premise violation citation 022464. Officer, bodywn camera remain activated during the incident. Thank you very much, Dr. Detective Jefferson. Miss Bellich, would you like to address the alleged incident? Um, sure. So, from our recollection, uh,
we had a group of gentlemen who were bothering another gentleman inside. We asked them to leave about 30 minutes prior to the incident. They were walked off the premise and to the corner by security. They waited until um the other
gentleman came out and just again multiple fights broke out. Our security was trying to break up the fight. It was just too many people at the same time. And then we um as the security was breaking up the fight, we called um the
police. Thank you. Anything further you would like to add before the board moves to questions? No. We'll see if there are any at this time. Chairman Joyce, uh, thank you. Can you tell me um how many security personnel you had on that night? How many people were working the door?
Uh, two at the door, three inside, a total of five. Okay. And when you said they walked the group off premise into the corner, about how far away was that? Um, the corner of Exit and Huntington. So, I would say it's about 200 ft. I'm
not sure measurement wise, but it was away and they were apparently gone for the night and that was 30 minutes prior. Okay. And what time was this that they um those gentlemen were walked out off the premise? About 1:30.
All right. And what was the reason? Um they had gotten into a TID back and forth with the other group in the in the restroom. Okay, thank you. Um, I don't have any other questions. Commissioner Kurin, Commissioner Saxon.
Um, what was your capacity that night? We don't go over 280. But you were full at 280. Where? That's not full, but that's what we're comfortable with. We don't do anything over 280. All right. Um, I think that's all I
have. Thank you. No questions. Thank you. Thank you. Thank you. Any further questions from the board at this time? Board will take this under revisment as well. Thank you very much. Calling item number six, game on Fenway LLC doing business as game on sports
cafe located at 72 to 82 Landown Street. Date of the incident May 9th, 2025, assaulted battery patron on patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A. Who is present on behalf of the Lency? Good morning, Attorney Green. Madam Chair, members of the board,
Dennis Quilty, attorney representing the Lency. With me this morning, Kina Corupines was the risk manager for the Lions group, Jerry Colbert, Isaiah Moore, and Anthony Chuga uh who were uh involved or present on the night in
question. Thank you very much. Thank you. There are uh two names you stated who I don't see on screen. Um Anthony Chuga I don't see, and there's one other you mentioned as well. I see Mr. Mr. Moore and Miss Corpine. Um, that's obviously going to look there. And Mr. Moore, I the two gentlemen were
both involved in the call to 911, so one of them should be sufficient, but Isaiah Moore would be that person then. Thank you. And I do see him. Who's president on behalf of the Boston Police Department? Hello. Yes, Sergeant Detective Johnson. Can you hear me? We can hear you. Thank you for being
with us. Are there any other individuals with firsthand knowledge of the incident who wish to testify this morning? Can you all please raise your right hand? Do you sort of tell the truth, the whole truth? And Sergeant Dive Johnson, if you could please raise your right hand as well. Oh, right hand.
There you go. Do you sort of tell the truth the whole truth and nothing but the truth? I do. I do. I do. Thank you very much. Uh, Sergeant Dr. Johnson, if you please read the report into the record for the board. Okay. About 11:39 p.m. on 5925,
Officer Margado and the Delta 431 Alpha responded to a radio call for a fight at 82 Lance Down Street in Boston. Also on scene, the Delta 101 Beard and Walsh and Delta 415 Lane and myself, the Victor 94.9
Sergeant Detective Johnson. Upon arrival, officer spoke with Gerald Culpert. Game on. Boston security staff was stated that about 11:33 p.m. Two male suspects, two males, suspect number one, Joshua Anderson and suspect number
two, a unknown white male about 6'2 wearing a black baseball hat, black long sleeve shirt, white jeans, and white sneakers were fighting on the basement level of the bar. The reason for the altercation is unknown.
Officer observed through CCTV footage both suspects talking to each other. Then suspect number one Anderson headbutted suspect number two on the face. Suspect number two reacted striking suspect number one with closed
fist striking strikes on the face. Closed fist strikes on the face which made suspect number one fall. At that moment, suspect number one fell on the victim, Lubana Maui, which also made the victim
Maui fall and get injured. After the fall, suspect one tried to get up and was struck by suspect number two again, losing his consciousness. Boston EMS ambulances 1804
and 3A16 were on scene. Officers was unsuccessful in getting any information from suspect number one being evaluated inside the ambulance 3A16 who was extremely intoxicated.
Officer spoke with the victim being evaluated inside the ambulance A04 who stated that she fell on the ground after suspect number one fell on her. The victim stated that the right that right after the fall, she started
feeling extreme pain on her left knee. The victim also stated that she does not know any other parties involved in a fight. Suspect one and the victim were transported to Beth Israel Deaconist Medical Center for further evaluation.
The license premise inspection conducted by myself, Victor 949. Um, inspection notice violation 004233 issued. Body one, uh, cameras activated,
photo and video attached. Thank you very much, Sergeant Detective. Attorney Quilty, would you like to address the alleged incident? If I may, just have a few questions. Is Is it Sergeant Johnson? Yes, sir. Thank you. Um, Sergeant, the um, license premise inspection notice which you just
um, spoke to indicates that the management cooperated with the police. Is that your um, position vis? They're correct. And uh, it appears although the handwriting is a little bit light. It appears that the question where police
called is answered yes. By whom? It appears to say management. Is that is that what your notice says? So, was the management called the police? Would that have been um you spoke to Mr. Colbert when you got there? Is that right?
Uh I believe so. I can't I don't know who he is specifically, but Okay. Just says on arrival officer spoke with Gerald Colbert. Game on security. I was I I wasn't the one that arrived on scene. The initial person on scene. It was Austin.
Okay. Okay. Very good, sir. Um, did other staff members indicate to you that they had indeed called 911? Um, may have been security. I'm not sure. Okay.
All right. And you were you given um video on the night in question of the incident? I wasn't given the video. I think the officer Margotti reviewed the video. Okay. during that time but it was supposed to be followed up by district for detectives.
Got it. There is District 4 detectives have did a have completed followup on the All right. Thank very good. Um so you arrived after the you didn't see the incident itself. Nobody punching you you arrived
afterwards. That's correct. And interacted with staff and they were cooperative with you. Yes. Okay. Thank you sir. I have no further questions of this witness. Um if uh if I may call um Mr. Colbert if he's on with us.
Yes. Thanks. Mr. Cobbert, just state your your name for the record and your position with the lency, please. Uh Gerald Culbert, general manager. Okay. And are you the Gerald Culbert that the police report indicates who spoken to by officers on the night in
question? Yes. So you were there? Yes. And have you have you seen the video? Yes, I have. H how would you describe the uh incident between the persons identified as suspect one and suspect two? That would be one of them described
as the uh the black baseball cap and the other Okay. Um it happened really quick. You I mean they would just it looked like they were just talking in a group and then one of the sus the second suspect just randomly just headbutted the other kid.
So, in your opinion, was that kind of just out of thin air, if you will, or just completely out of their blue based off footage? Yeah. Okay. Um, and the individual who was headbutted, it it appears, then struck the person who headbutted him, is that correct?
Yes. And then that person, suspect number two, he took off. Yes. Okay. So, he's never been located. We don't know who he is. As far as I know, I I believe it's officer Marcato. showed him the footage and he took a description of him. I
don't know if they ever caught him, but yeah, he took off. Okay. All right. And the police did uh take suspect number one into custody. Yes. Okay. All right. And um do in your opinion, sir, having observed what you did observe, was there anything you or
staff could have done to cause this not to happen or was it just a out ofthe- blue circumstance? No. I mean, even on the footage when they're talking, they it looked like just a normal conversation and it just r I don't know what was said between them and then he just randomly assaulted the
other kid with the black baseball hat. Okay. All right. Thank you, sir. And do you know which member of staff it is who called 911? It was Isaiah Moore and Anthony Tugo. We put two calls in. Okay. And Mr. Moore is with us this morning, I believe, so
Okay. The the the board may have some questions for you, sir. So just stand by for a moment. U Madam Chair, can I just call Mr. Moore very quickly to speak to the Thank you. Mr. Moore, please uh identify yourself for the record and
state what your position is with the lency, please. Hey, how you doing? My name is Isaiah Moore. I'm the security manager at Game On uh Fenway uh at 82 Lands on Street. Great. And you you've uh heard the preceding witnesses. Were you present uh
for this evening? I was. Okay. And as a result of what you know, did you in fact place a call to 911? I didn't. Okay. And was this, you know, immediately upon observing what had occurred between these two people?
Yes. Okay. All right. And then did you stand by and did you later cooperate with the police in their investigation? Yes, I had the DJ shut the music off. We turned the lights on. Uh we waited for Boston EMS um and Boston police. Once they got there, myself and a couple of
the security guys escorted them down and that was it. Okay. Thank you, sir. Again, the board may have some questions for you. Thank you, Attorney Gold. Is that Is that all or do you have any additional That that is it.
Any questions at this time then? Chairwoman Joyce, I'm going to um defer Well, we did provide the video. I'm sorry. Yes, we do. The video is on file with us. Thank you. Yeah, thank you. I haven't had a chance to review it. I will review it though. Um, I'll defer to Commissioner Car and
Commissioner Zach's time. Um, yeah, I've, you know, reviewed the video. I mean, I'll watch it again, but I don't, you know, and I reviewed the the summary you guys gave. So, thank you for that. Uh, I don't think I have any
questions. Uh, none for me either. Thank you. Thank you. Then any further questions from the board at this time? Seeing none, the board will take this under advisement as well. Thank you. Thank you. Following item number seven, Land of
Pizza located at 4:45 West Broadway in South Boston. Date of the incident, June 19th, 2025. Premise open after license premise hours at 12:50 a.m. In violation of Mass General Law Chapter 140, section 9. Who is present on behalf of the
lency? Is anybody with us on behalf of Land of Pizza? We will take a second call and attempt to contact them as well. We'll also just see uh if anybody has joined us on behalf of Sidebar, who I know our office has called, left voicemails, and also
emailed. Okay, there was one remaining item on this agenda while we see if the uh two uh second calls do appear. The remaining item item number eight, this is anformational hearing. Lency is Huntington Market Inc. doing business as Huntington Liquors located at 303
Huntington A. It's anformational hearing regarding the lenc's legal right to occupy the license premise. The execution and filing of the annual renewal application for the lency entity and non-use of the license in violation of mass general laws chapter 138 sections 16A 236477
and boards rule 1.07A 1.07 107 I 1.15 A3 and 1.15 A4 who is present on behalf of the lency Steven Rubin. Thank you Mr. Rubin for being with us. Um board is looking for an update regarding the status of uh the license
if there's any information you could give to the board uh at this time as they uh consider what is the subject of this informationational hearing. Yes sir. And thank you for uh thank you to all the board. Uh our situation is we've been my family's been involved at Huntington 55 years. Uh survived co the
store is actually one of the oldest in Boston uh since 1936. Uh we had an agreement uh actually we had a few agreements uh over the course of over the course of the year and uh the agreement fell through. Uh financing
was an issue. Uh we're also in the process right now of trying to sell the license and possibly move it across the street. Uh and again our our history with the civic associations of Fenway CDC. They really want to keep the name
and keep us going. So they're all behind us. So we're in the process of trying to keep the name like I said try to sell the license which we have a couple interested parties and also uh possibly move it across the street where there some locations. So, as a courtesy to uh
uh to Huntington Market, uh we just would ask the board for more time uh to take care of uh both situations. Uh we have a long time history as you know in Boston and and we want to keep the history going and we did survive COVID.
Um that's our situation. We just courtesy need more time. Thank you. Thank you. We'll see if there are any questions from the board at this time. Uh regarding uh your testimony, Chairman Joyce, um how long ago did the lease expire?
Uh we've been in a tenant will for nine years. So there was no lease in place uh since 2016. Okay. And how close are you to finding a buyer? Like what stage of the process are you? We had a buyer we had a buyer that backed out. We had purchase and sale
that lasted for several months and the bar backed out at the end uh due to financing. So now we're in the process of trying to sell the license like like I said earlier or move it across the street locally. Okay. And how long have you been closed?
Uh the end of April. Okay. Can you understand why we're here that there's somebody else that's looking to go in there? I I understand that. Um, is there anyone else here to speak on
this or how should we go about this? Are there any other individuals uh interested parties um in this license uh who would like to testify, provide any further information to the board? I do not believe so. I'm sorry. Are you still paying rent to
the landlord? Uh, no. No. Are you the landlord or is it somebody else? No, no, no. I No. I'm the l eee. I was the lying. Hunt honey. Yes. Yes. So, the landlord's just letting you stay there without paying rent or Well, right now it's empty. Right now,
right now it's empty and we uh we've had negotiations with the landlord. We are in an amicable position with with the landlord. And as far as moving it across the street, how close are you to that deal? We're we're waiting to hear back from the owner of the buildings.
Is there like a time? Does he have 30 days to get back to you? Just give us a little bit more information. 60 60 days, you know, 60 to 90 days. It's a big corporation that owns owns and also we have two parties interested in in buying the license.
Okay. So, I just need more time. Okay. Yeah. Appreciate I appreciate all your concern and it's been a long time we've been there. our family and it's uh
um so you understand we have our renewals coming up in November, correct? Um do you anticipate this being resolved by then? Yes, I hope I Yes, I hope to. Okay. Because we wouldn't be able to let
you renew at this location given the fact that there's other people interested in um opening up in that location and the fact that we can't move this license, the license hasn't been moved yet is prohibiting that from happening.
Um I I want to work with you. Um, but I need some realistic timelines because um the inability of you to get this purchase and sale signed and this license moved is preventing another small business from opening as well. I understand.
Uh, Commissioner Kurrin, do you have any questions? I don't think so. No. Thank you. Commissioner Saxon, any questions? Uh, none from me. Thank you. Anything further from the board on this item?
Um, just one question. So, I know it's a family business and you're talking about these. We're not at cap with our package store licenses. So, what is the value you're trying to sell? The value of the license. Uh, we we get we're getting offers. So, there there is
some some value to it. Is that coming with inventory or something? No. No. I just have a hard time wrapping my head around that because they don't cost anything right on the market right now. But we we've had a couple offers and
it's it's we're we're willing to listen. But in the same token on the same token, we understand that situation and that's why we're uh looking definitely uh in the area to move it across the street. I don't understand. Oh,
I mean this isn't an on premise license which has hundreds of thousands of dollars of value. This actually has zero value on the open market, right? Understand what the you know a sale fell through. What what were they purchasing? What were they spending money on? Oh, on the sale sale of the store.
I'm I'm thinking of the actual package store license because you're saying moving across the street, right? So, what are you getting money for? Because the license doesn't license people have offered people who have offered to buy the license. They've we've had Are these are these operators that
understand the fact that these licenses don't cost anything? I believe so. Yeah. Can you describe them for me? Are they people that are in this business? Are they people that uh one one person is the one that uh had the purchase of sale to buy the store who's in the neighborhood? He's
interested. But are they people that are in this alcohol business? Maybe a customer that's been a customer of yours for 10 years and likes you and wants to be helpful, but then he does his due diligence and realizes he could go get a free license. Right. Right. No, these are people in the industry.
I find that hard to believe. Um, just to add on, do these potential buyers realize it's not going to be a corpto to corp at the same location application? Uh, yes. Okay. So that they realize there's no
advantage to that type of application. Correct. They they'd have to go full community process and and be approved for essentially a brand new license across the street from maybe the new tenant that's going in there,
right? That that's why that's why we're actively pursuing to move the license. I think that's going to be the I think that's the natural thing uh right now we're working on just to move the license across the street uh just to keep us in the area and again like all the neighborhood association want wants
to keep the name going. So that's that's where the name they're purchasing the name the family no no we we we would ask to transfer ask to move the license across the street Huntington Market. I don't know. Is is my are my questions
confusing to the other commissioners? No, not at all. Not at all. I was trying to add on the only value I could see is pork to court with the same location because it changes the uh public need inquiry there. There wouldn't be one. It would just be character and fitness of
of the applicant. But that's you're going to lose that here. So like I agree. I don't see any value. I I'm having a hard time wrapping my head around any market value of this license. Yes. I mean, if there was inventory or
certain fixtures or, you know, the the name of the Well, it's the name. It's the name. You know, it's the name and and you know, there still are fixtures there available and and has the name since 1936. So, the name name has recognition, I feel. Okay.
A lot. You know, I think we're one of the first 30 licenses in Boston. That's why we're trying to keep the name going. That's okay. That's why we need the courtesy of the board to help us. May maybe I just need to understand what are you trying to keep when you move across the street?
Well, we keep the name keep the name and just mo move the entire operation across the street to keep it in the neighborhood. Oh, but you're trying to sell the license, correct?
We we we got offers. We got offers, but you know what I mean? I I I think our most op option is to move the license across the street at Okay. Who's the landlord across the street? Like how um how where are you in that process?
Uh the Symphony Plaza area on corner Massav in Huntington. And this is Are you in negotiation for a lease or we we we're working on that as we speak? It's a large corporation out of state
that and there's about four or five vacancies in their buildings. Just need just asking for courtesy for more time. Okay. So, we can't give you 90 days because that brings us to renewal season. So, you have a very small window where you could actually find a new
location, negotiate a lease, and move the name and all that. Um the license itself is does not have a dollar value attached to it. Um understand. So those are my thought those are just my thoughts. Um we'll take this under
consideration but um we could not give you 90 days. Okay. So I think you need to if you're planning on moving it across the street. I'm working on it today as we speak. I'm going to go over there after this meeting. Okay.
Okay. Thank you. I thank thank everybody. All right. Thank you. Anything further from the board on this matter? Thank you for being with us, Mr. Rubin. The board will take this uh all of this under advisement. Thank you again. Thank you. We'll return to the uh two
lences uh who we are waiting for in a second call. Has anybody joined us on behalf of Sidebar? Okay. Chairman Joyce, would you like to have this read into the record or would you like to work with the Lency to reschedule? Um,
why don't we have the officer read it into the record since he has been waiting all morning. Calling item number four, K&G Entertainment LLC doing business as sidebar, located at 14 to 16 Bramfield Street. Date of this incident, May 9th, 2025. Assault and battery employee on
patron in violation of mass general laws chapter 138 section 64 chapter 265 section 13A. Um officer 2, you've already identified yourself. Could you please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. Thank you. If you could please read the
report into the record for the board. Thank Thank you um for patiently waiting. Uh the report I'm going to read is uh written as a third party narrative. So, I'm just going to read according to what the report says. About 11:38
p.m. on Friday, May 9th, 25th, officer 2 in the Alpha 437 Alpha and Officer Daniel in the Alpha 435 Alpha respond to assault report at 14 Bronfield Street in Boston, which is Cybar. Prior to officer arrival, channel 2 operation was
notified that a female patron was pushed inside a bar by a staff member and was waiting at Franklin Street and Washington Street for officer arrival. Upon arrival, officer spoke with the victim uh Michelle Lee Jones. And Miss
Jones stated that she was pushed by a known male staff member with a ponytail when attempting to use the restroom with another friend. Miss Jones was told to get out of the bar along with her friend by the unknown male staff member later
identified as Philip Simons. Officers spoke with Mr. Simon and Mr. Simon stated that he works as security for Cybar and notified that the victim sorry and noticed that the victim walked into the bar to try to use the restroom without purchasing any item inside the
bar and that the victim was not a patron. Mr. Simon stated that the victim was attempting to deal drugs inside the restroom and told the victim to immediately leave the premise by guiding with both his hand in the air to guide the victim and friend off the premise.
Mr. Simon stated that he did not push the victim at all and also did smell alcohol meaning from the victim earlier. Patrol supervisor commer was notified for code 35 or license premise and bodyborn camera was activated at the time of incident.
Thank you officer 2. Uh once again it does not appear that the lency is present with us. Um does the board have any questions for the officer while he is here? And chairman Joyce, how would you like to handle um hearing from the lency? Um, thank you officer for joining us. I
have no questions. Um, if it's agreeable to the other commissioners, Danny, I would ask that you reach out to Sidebar again and ask if they want to respond to this in writing or if they want us to keep the hearing open and they can come back and appear before us at our next hearing.
I just don't want to hold anyone up. Appreciate that. Happy to do that. I would have no questions as it stands. I mean I pro I might if if the premises here but I leave it at that. Commissioner Saxon any questions at this time? Uh none. Thank you.
Thank you. We will we will reach out to the lency ask if they would like to respond to uh the license purpose inspection notice in writing or if they request a hearing. Thank you again officer 2 for being with us. The board will take this under advisor for the time being. Thank you. Thank you. And item number seven uh has
anybody joined us on behalf of lands of pizza? It does not appear. So, uh, Chairman Joyce, similarly, would you like this read into the record or would you like to reschedule? Let's read it into the record. Great. Who is uh this is item number seven,
Land of Pizza at 445 West Broadway in South Boston. Date of the incident, June 19th, 2025. Premise open after license premise hours at 12:50 a.m. in violation of Mass General Law, Chapter 140, Section 9. who is present on behalf of the Boston Police Department.
I am Detective Hernandez. Great. Thank you very much. Oh, and uh is is this the lency? One moment. Going to ask you to unmute if uh something should have just popped up on your phone, sir. I just asked you to unmute through Zoom.
Hello. Yes. Hello. Hi, this is Ron. Ron, are you with us on behalf of Land of Pizza? No. Um, with uh corner uh who who goes and um corner cafe,
you've already submitted your certificate of inspection to us. We we notified you. The hearing was canceled for today. You don't need to be with us. Oh my gosh. Okay. Thank you so much. You're all set. You're taken care of. Your license has been Thank you for that. Thank you so much. Byebye. Enjoy your day. Thank you.
All right. Um the gentleman who whose screen says iPhone 10, if you are here on behalf of Land of Pizza, could you please unmute your phone so that you can uh speak to us or if you can call in using the uh phone number that was included in the hearing
notice as well. That way we at least be able to hear you. Can you hear us, sir? We We can't hear anything you're saying. You are still on mute. If you want to call in, uh if you can hear us and you call in on the phone number on the
hearing notice, um hopefully you will be able to speak to us by the time um the officer is has has completed the reading report. Is that all right with you? Okay, I think you said yes. Um, who is present on behalf of Yes. Great. Thank you. Who is present on behalf of the
Boston Police Department? I am Detective Hernandez. Thank you. Are there any other individuals of firsthand knowledge of the alleged incident who wish to testify? Ship Gallagher if need be. Thank you. Can you please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? I do.
I do. I do. Thank you. If you could please read the report into the record for the board. Good morning. I want to read a report which I wrote on Thursday, June 19, 2025. Ch detective Gallagher and Detective Eddie Hernandez was assigned to the BPD license crime unit responded to Land of
Pizza. Detectives will have speak to staff regarding a prior vandalism report. The incident occurred on June 7, 2025. C incident number 252045706. Detective spoke to the person in charge,
Mr. Vasilios Karazzis who confirmed that he was aware of the incident and had been working that evening. Detectives reminded Mr. Kazis that the premise had a midnight closing hour that the incident happened at about 12:50 a.m. As a result of the incident,
uh, sorry, Detective Gallagher issued license premise inspection notice 020867 for premise operating at 12:50 with a posted closing time at midnight. Mr. carry is signed for and accepted the notices. That is all. And I actually do
have the um vandalism report. You want me to read that into the record? Also, please notice that it was attached here. At about 12:50 a.m. on Saturday 67 2005,
officer Stools assigned to the Fox following offer responded to a radio call for vandalism report at 455 West Broadway South Boston land of pizza. Honorable officer met with the owner of the store cares Vasilio State of Birth of 101970. The victim expressed that
while conducting business and serving pizzas to patrons, the suspect suspects described as three white males between the ages of 21 and 27 wearing white and gray shirt smashed the front door. Victim expresses there was no catalyst
or point of contention before the suspect smashed the door. Victim was able to provide officers with footage of the incident and a photo of the suspects. footage and photo of suspects attachments report. C6 detectives notified, body warn, camera activated,
and that is all for the uh that initial report. Thank you. Um it appears the lency still is not able to communicate with us. Um sir, it sounds like you're actually on the phone with our front desk right now.
Is that true? Great. It sounds like staff is helping to give them the call-in number on the Zoom notice right now. Apologies. We'll wait just a moment to make sure you're connected and able to speak to us. Well, wait. So, we also uh informed the
uh the owner of the process and the contact information necessary in case he wanted to try to extend his hours. And uh I believe he said he had no interest in that, though he might have changed his mind. Thank you for that. that is helpful. Um, I can hear our receptionist giving you
the phone number right now. So hopefully this will be squared away in just a moment. There we go. All right. I do see you in the waiting room with us now. Are you with us? Yes, you guys can hear me. We can hear you. Could you please just
uh state your name for the record? Basilios Kazis, the owner of Lendo Pizza. Thank you very much for being with us. Um, and if you could please just raise your right hand really quickly. I don't think we've sworn you in yet. Do you swear to tell the truth, the whole truth, and nothing but the truth? I I will. I will.
Thank you very much. I believe you've heard the officer's recitation of the police report. Um, is there anything you would like to say to the board? Uh, would you like to address the incident that occurred? Um, yeah. I and I know I'm in full for being open late. Uh my license is 12:00,
but I'm open only I was open only for uh pickup doors in Uber Eats, which I stopped after the incident, obviously. Uh and I already applied to extend my license. I don't know if it's going to be granted or not, but uh I I I know I was at fault, so I I have nothing else
to say that. Thank you for the police that came in. Thank you for that. We'll see if there are any questions uh from the board at this time. Chairman Joyce, any questions? I have no questions. Thank you for stopping the Uber Eats and the pickup until we've been able to work through
your request. I have no questions. Commissioner Saxon, any questions? No questions from me. Thank you. Thank you. And none from Commissioner Gar either. Right. With that, glad you're able to connect with us. Thank you for joining us. Um the board will Thank you everybody. Thank you. The board will take this
under advisement as well. Those are all the items before the board this morning. Uh the board is scheduled to vote 10 a.m. on Thursday morning. Notice has been posted to the city's website. Thank you all and enjoy the rest of your day. Thank you.