Good afternoon. We'll get started in just a moment. Just waiting to clear the waiting room and make sure that folks have connected to audio. And just as a housekeeping matter, as folks are entering from the waiting room, um we there's only one item on this afternoon's agenda, Cambria Hotel
um has been continued to a later date. If anybody is here uh to testify on that matter, that will be continued to a later date. Good afternoon. This is an administrative hearing before the mayor's office of consumer affairs and licensing. Today is Thursday, September
18th, 2025. This hearing is being conducted pursuant to temporary amendments to the open meeting law. That is what allows us to meet virtually. This hearing is being recorded and will be posted to the city of Boston's website. We're joined today by the executive director of the mayor's office of consumer affairs and licensing,
Kathleen Joyce, and director of operations, Rebecca Fu. Again, there's only one item on this afternoon's agenda. I will read that item into the record. I will 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. The police report will then 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 executive
director and director of operations. All testimony will be limited only to those individuals with firsthand personal knowledge of the alleged incident. The only item before the entertainment division this afternoon concerns JJ and R LLC doing business as the mix located at 555 Talbot Avenue in
Dorchester. Date of the incident, August 3rd, 2025. DJ Entertainment taking place without a license outdoors. Who is present on behalf of the lency? >> I am J. F. >> Great. Who is present on behalf of the Boston Police Department?
>> Dodge Detective William Gallagha. >> Detective Eddie Hernandez if needed. >> Thank you. Thank you. And are there any uh other individuals with firsthand knowledge of the alleged incident who wish to testify? >> Can you all please raise your right hand? >> Do you tell the truth, the whole truth,
and nothing but the truth? >> I do. >> I do. I do. >> Thank you very much. Sergeant Gallagher, if you could please read the report into the record. >> Yes. Good afternoon, Sergeant Gallagher. I'll be reading a Boston police in report. I'll read only the entertainment issues on here because there there is another issue as well, but the report
reads as follows. On 87 2025 at about 10:10 p.m., Sergeant Detective William Gallagher, Detective Eddie Hernandez, assigned to licensed premise unit, conducted a license premise inspection of the mix at 555 Talbet A. Detectives were there to speak to staff about a
video they had been forwarded from 83205 at 6:02 p.m. The video showed a DJ performing for the patrons on the rear patio. Uh, detectives spoke to Mr. Jean Sandi, showing the video clips that they
have been forwarded. Detectives explained while the premise did have a one-time entertainment license, live entertainment is only allowed inside. As a result, was discovered Sergeant Galla issue license premise inspection notice number 022050
to the mix for DJ Entertainment taking place on patio without approval. Mr. Sandy signed for and accepted the violation. I believe we did forward also a copy of the video to the board and we we did show it to the manager that evening as well. That's all I have.
>> Thank you. Mr. Faulk, would you like to address the alleged incident? >> Uh first, we we also have other members um from my staff who are in the waiting group. I don't know if they were approved or not, but they they registered. They also might be in the waiting room as well. >> I just got in.
>> Okay. All right. [clears throat] Thank you. >> Uh great. Sorry, just one moment. Mr. Somebody if you are uh planning on testifying, we'll need to swear you in. >> Okay, >> great. Uh can you please turn your camera on? >> One second. >> Sure.
>> Thank you very much. If you could please raise your right hand. >> Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you, Mr. Faul. Mr. Sam, you may please continue. >> Okay. Thank you. Just just sort of before I begin just want to make it I
also were you did the board was able to receive some of the documents that I emailed over. >> Yes. >> Okay. Just wanted to make sure. So prior prior to um this event. Just want to make it known that I had a meeting with the C11
captain in reference to the um issue with noise, the issue with um some of the concerns of the neighbors and the abutters. Had about a good 45m minute meeting with him. This was prior to our abutters meeting that we had in terms of
getting uh applying for an actual full-time um full-time uh entertainment license for the location. had the conversation with him. Um, was a great conversation, then had a follow-up conversation with their butters meeting to hear what their
concerns were. Um, I think I also emailed the board again after that meeting after sort of hearing some troubling comments from members who were the abuters who were referencing the vehicles that myself and my business
partner make that we drive. Um it was outside of those it was it was a productive conversation but there was some some other issues that we've had. Um the reason why I forwarded the pictures and the information was I feel
like the narrative attached to my establishment doesn't match what the actual establishment is. Um I I printed images. I sent them of what Ashmart Grill looked like in terms of their footprint. They had outdoor dining right
by the door, but some of the complaints that they that get large about my establishment is about noise that emanates from the door. Um, I had complaints about the time that we do music, but every Friday, right 50 ft
from our establishment, there are speakers and live music happening every Friday. Um, >> from where? >> But from 2 to 6. And the issue >> wait who who has the speakers near your establishment? >> You just said
>> it is Ash Main Street. They have speakers. They have >> Okay, that's that's different. We're just going to focus on what I'm I have control over and that's the license at the mix. >> The reason why I'm bringing that up because I'm talking about the actual parameters that were put on my license for outdoor entertainment where we can't
do outdoor entertainment at all. There was no conversation in terms of saying through a certain time and there was no conversation with us that BPD from C11 put those restrictions. BPD from C11 did not put restrictions not allowing us to
say that we couldn't do outdoor entertainment. So, but I'll just speak to the I I'll speak to the actually event. The event was a private event that we had. I put the application in for an indoor and outdoor entertainment. Um >> I don't think your application says
outdoor entertainment. >> The application that I put forward says uh the access is outside. I put outside as well. And I also forwarded other applications were also put indoor and outdoor that were approved by the C11
captain. And we didn't run any outdoor entertainment for the entire summer at the detriment of our business. In terms of where even on the stipulations it says that we have to have muted TVs even though the original location Ashon Grill
we you they actually have speakers outside and those are the only speakers that were outside that that that were that were used and technically >> I know I know this sounds really frustrating and I know we probably discussed this at your last violation hearing but entertainment doesn't follow the license C.
>> No no I I I totally get that. I'm just I'm just talking about the previous licency at entertainment unfortunately the process which I have no control over you have to go back through the pro process with the >> I'm not talking >> I don't want to talk about Ash grill today
>> I'm sure but I'm not talking about the process I'm talking about the inconsistency in the complaints my my issue complaint is not the noise the complaint is about the demographics of the folks who are actually doing the entertainment that's that's that's my >> we don't look at that we're just looking
at the hours of operation the type what you're licensed for, what you're not not licensed for. So, and there's there's different things like I deal with this through throughout the entire city of Austin in every single neighborhood. Um,
Rebecca is an expert on sound readings and decibb. Um, I've had, you know, quick education on all of this at Suffach with Suffach Downs with Fenway. So, we're just going to focus right now on
the um what's what's been going on. Like I'm I'm going to say a few things. I'm going to urge you to read the face of your license. So, it says right on it um what is permitted and what isn't permitted. Can I can I ask you a question of who made that determination
if it was never communicated to us that we could never have uh live entertainment outside prior to it being added to our license? >> That I mean you as a as a business owner, you have to research what is allowed and not allowed at your at your
prospective place. Do you know what I mean? Like you don't not zoned for entertainment and a story. We're not zoned for entertain, but that's what the onetime entertainment license is for. >> So, because you're not zoned for it, you have to use the city provides you with
kind of a workaround, which is these one-time entertainment licenses. If you were zoned for entertainment, you would have an annual entertainment license, and you wouldn't have to go to the police captain every single time. I I totally understand that process, but my issue is that if I apply for a one-time
entertainment license and I outline that I would also like to utilize outside, why wouldn't that be covered? That's that's that's what I'm saying. >> I'd have to take a look at your application, which I don't have in front of me, but I'm sure Rebecca can find it. >> I I I actually emailed you examples >> application
>> of applications that were approved by the C11 captain where I outline outside for it says it gives the option for inside outside. It was approved by the C11 captain. That's that's why I'm saying that I don't understand how that added stipulation that we cannot use
outside at patio for entertainment. That that that's where my conflict or my confusion is. >> I actually don't see anything checked off event will take place. Nothing checked off >> which I literally >> or August
22nd 23rd. So, I am sorry. I'm trying to find the application for A3, but I'm looking at some of the old apps. Sometimes it says inside, sometimes it says both. And then because there was so many complaints
about noise, that's why we restricted what was allowed outside. >> And that's what what I'm saying. You're you're taking the the the the words of a vocal minority to to not allow my business to do outside and and not even
even give the option for some type of of sort of >> we should have had that conversation before we gave you the license. >> But also just to add onetime license is a temporary license. You don't have zoning yet. We could reject every single one for inside and out. >> You don't have the right to do it. Like
this is privilege. you're you're requesting permission from the city through these one-time entertainment things. We're in a position. We have to weigh what we know about, you know, your location, you know, the the neighborhood. There could be other events in the city. There could be a
block party down the street and we might think it's too much, you know, noise for the neighborhood. Has nothing to do with your demographic or the demographic of your neighbors. But just because you apply for something doesn't mean we grant that. >> You have to read it. >> But but I I have no I have to read it.
Can you I I I feel like it's um Never mind. I'm going leave it. >> How many seats do you have on your outdoor patio? >> Leave it at that. >> Roughly. >> Can you repeat the question? >> How many seats do you have on your outdoor patio? Roughly
>> about 60. >> Yeah. So, I found I found the application. You did apply for inside outside patio, but we restricted it. And you restricted it based off of the complaints of neighbors who complain about an attack. Why don't
>> you build traffic? I >> I mean I'm being Can I finish my my statement? I'm just asking just so I can be knowledgeable and be aware of the situation. You restricted our ability to use outside patio because of the complaints that were being lodged by neighbors. Is that basically the the
reason? >> Taking a look at what emails we have from that time. >> I'd have to check back more. So, usually with outside, right, if say you had zoning um for live entertainment inside and you want outside, when an annual request comes
in, we always have the applicant check in with neighborhood services as well. And neighborhood services will chime in on if they want process or not, and they'll let us know, has there been complaints, other things? And I believe I have to look back, but I think with
this application that we received many complaints about noise in addition to other things, but we care most about the sound. >> And we've never been cited for noise. And again, you're going by their account of what noise is. We've never been cited
for noise. And as neighbors, we could be open every day until 1:00 a.m. We're ne we we never do that. We're open from Wednesday to Sunday. The only time we're open to 1:00 a.m. is on Friday and a Saturday. The pre again, you say you don't want me to mention Ash Grill. Ashar Grill was open on Sundays till
1:00 a.m. They were doing outdoor dining into the evening. They were doing outdoor dining on the side patio, back patio, and in the front patio. So I again, my issue is the complaints are not about noise. the complaints about the individuals who are running
the establishment. And you're taking their accounts to in large part harm down 30% for the summer because we're unable to use the only real patio in in in that that's held by a blackowned business. Like it's
it's it's while there there's actual speakers noise going on every Friday. We're next to a fire station. Ashmont Station, one of the busiest stations in Massachusetts. You have Dorchester Day parade. You have a number of other events, but it's as if my business is
the anomaly bringing the only noise or bringing the activity in the in the area. So that's where it gets frustrating because you're taking their account and you didn't even say, "Okay, let's can we have a workaround where you guys could because we we literally just
had an an event um an event for the mayor and she had a microphone that was technically would have been a violation." So them using a microphone in the back to talk to the crowd was technically a violation where we had to have muted TVs there. is like
there was no way in which we could have any type of conversation saying okay we we know that we have issues around noise but if you on a Saturday if you do anything with a I'm not even saying the DJ that's that's perfectly fine that's reasonable I get that but even saying
that we can't have any no can't have any music can't have any TVs playing at a at a reasonable volume like for the entire day that's where >> Can I just jump in for a second the what you sent us last night Rufus are your applications for August 9th,
10th, 14th, August 22nd, 23rd, 31st. I believe the violation we're talking about today is something you applied for for August 3rd, >> which I believe said DJ inside and um it said
DJ inside, TV outside. >> So, just talk about that. >> My No, I know you don't want to. I'm trying to talk about the larger issue of the fact that >> Sure. I understand what you're saying. >> I thought you didn't want to talk about the larger issue. You just wanted to talk about this. >> I completely put this then we can talk about the larger
>> I'm going to talk about this one. August 3rd you applied for >> August 3rd. We're wrong. We're wrong because apparently I wasn't aware of the fact that you put a stipulation onto our outdoor entertainment license. >> It actually says outside patio TV and and whoever wrote this I think it's you
that it's blue blue ink. It says outside and you someone hand wrote patio TV inside you applied for the DJ and then you signed it. >> I did sign it. >> Okay. So you only applied for patio TV
outside on July >> July 31st, August 2nd. August >> No, no. That's So even if there isn't it wasn't even an option to say what you're going to do on the outside. It just says outside. I had to write that stuff in to say to give an example of what we but
there it says DJ like there it wasn't it wasn't even an option like there isn't like a a check off to say what you should again if it was a miscommunication I didn't read it correctly I'll take I'll take full responsibility for that but I what so I I'm I'm I'm I'll take that that's fine
but my issue is that >> is that even if I apply for an outside >> fully explaining what we're trying to do we wouldn't even have the ability to even show the Patriots game outside because we want to put the volume on. That's that's all I'm saying. >> So, so that's what I want to address.
Like if say you apply for something, you want DJ everything outside and inside outside and we restrict you, right? You could have reached out to us to have that conversation like I'd really like a TV, I want to have Patriots game playing or I want a DJ for brunch, but we never
had that conversation. I was looking through all the emails and because of the complaints, yes, we did put stipulations. But if you came to us asking, you know, can we have an exception like we want to prove and gain this track record to show that we can be a good operator, we would have worked with you.
>> But that conversation never happened. >> That feels that feels a little backwards, but I I understand exactly what you're saying. I I understand what you're saying. I just I just feel like that >> at the end of the day, you don't have live entertainment zoning. So one-time applications, you know, typically these should be for special one-off events and
you apply frequently. We every single applicant who applies frequently, we always ask them, are you going through the zoning process? We don't want anyone to circumvent the current process that exists for zoning, but we work with people and that's why we we will grant, you know, one-time licenses and more
often. >> No, no, I to no, I totally get that. We had that conversation last summer, which is why we went by the book of trying to also we went through the abundance process. We're going through the the ISD process to get re we we we've did everything we were supposed to do, which
is why you saw so many applications for one time entertainment license. I wanted I didn't want to I didn't want to I didn't want a rep repeat of last summer where we we had the two events outside that that caused so much turmoil as if we were doing it every weekend. That's why the
application doesn't have room for you to check a lot off for outside because it's usually just for a quote special event, like a one-time event. But we're trying to work with licences, including you, and help them operate the way that they want to within the rules. So, that's why we've loosened them a little bit and
allowed have allowed people to use these onetime entertainment applications on a regular basis. >> No, I I fully understand that. I'm just saying for the for the confusion for our business was that we were under the impression if you applied for indooroutdoor you would have the ability
to do so but it appears that the restrictions were put on our license because of the complaints that were made not by BPD but the complaints were made by a butters that were claiming that we are the reason for all the noise in the area which the reality is that's not the
case. We've never been cited for noise. We've we we we've done our due diligence to try to reduce our noise impact in the area. And yet, >> I will say this, I will ask my staff, should they put conditions on the license that don't line up with your application that they call you or reach
out to you and put that in bold. >> Oftentimes, we're processing hundreds of these a week. >> I understand. >> Don't have the luxury to make sure everyone reads them and understands them. But in your case, since it's confusing and you want to make sure you're following the rules and it's fair that you thought whatever you applied
for you got, um, I'll make sure the staff contact you and that you confirm that you've understand that you did not get what you wanted if that's the case. >> But for your license, right, when you get a one-time license, you have to print it. You should be reading what
conditions are on it so that you understand. Say we do allowed outside, great, but there's always a noise ordinance. every condition you your manager or you all the manager everyone should know what's on it so what's allowed and you don't get violations
>> for this event we wrote >> no out or outdoor entertainment only until 9 and it was just muted TVs and lawn games for this date >> so that should have let you know DJ was not allowed so it shouldn't have occurred >> yes by the by by the stipulation so and
I would just say that I'll just be I'll just do my double due diligence to make sure that if there are added restrictions that the C11 captain didn't put on us that you guys put on that I'll make sure I give a call just to get a point of clarity >> when captain signs off it's for public safety.
>> No. >> And then it comes to us like just because they approve something doesn't mean that we have to approve. >> No, I I totally get it. But he he he gets the complaint to so he he he calls me he calls me when he has issues. He lets me know what's going on. And oftent times a lot of their complaints are based on I'm not sure what you're
familiar with with what PBD Square looked like prior to us getting there, but it was sort of it was a it was an area that was having some trouble and with people bringing speakers out there on those benches that are in the front. There was just a lot of activity happening on I think unfortunately anything that happens in the area gets
attached to my business even though we're not the the sort of the the genesis of that of those issues. But again, I um I'll take full responsibility for not not fully reading the the stipulations added and um and
again, we're trying to do our best to make sure that we are following the rules. So, I I I get it. >> So, it's good to hear that you're still working through the ISD process. I urge you to read the face of your license just because we process
hundreds. It's one person in our office that processes all of these and it moves very quickly and we might say we've gotten this many noise complaints or this many XYZ complaints. Should they apply? We don't want to stop you from having
entertainment. We want to make sure you're doing it so you don't get complaints because all those complaints come to the same person too. So, >> can I just say that? Is there any process of vetting the complaints as well? cuz I I I'm not saying this to
>> That's what the hearing is for. And I would love to give you I have to hold hearings. There's over 4,000 lenses in the city. >> I can't vet just your complaints. >> I get it. >> Spend any more time on it. >> I get it. I get it. But it just it just
feels like whatever their complaints are is taken as if it's 100% valid when I would just make the argument that it's not. Every every case is not that. every when you get written up, that's the first step in having your say. The public hearing is just that. It's a
public hearing. >> I got you. >> It doesn't mean you're been found in violation because Detective Hernandez and and Sergeant Gallagher go out there. This is our this is what we how we vet it. We receive a complaint, we log it, the police go out, they write you up, we
schedule you for a hearing, and we give you an opportunity to talk and tell us what's going on. that that is what is vetting. It takes up a lot of our time as you can imagine. >> I get it. Again, we're going to we're going to do our best to be better and um just
appreciate it. Thank you. Thank you. [snorts] >> Any further questions? Director Joyce, Director Fu, >> and no >> anything further, Dr. Faulk, Mr. Sid, you would like uh the entertainment division to consider? No, just uh thank you and we we I take I take full
responsibility and um we're just going to do a better job of making sure we we we read the fine print and have more conversations if there are things that we just want to give further clarification on. >> Thank you. I believe with that that um that the entertainment division has all
the information they need at this point and we'll take this under advisement and issue a written decision since that is the only item before the division this afternoon that will adjourn this hearing. So please thank you all and do enjoy the rest of your day. Thank you. Thank you.