Good afternoon. Thank you for joining. Looks like everybody's with us and the waiting room has been cleared. Good afternoon. This is an administrative hearing before the mayor's office of consumer affairs and licensing. Today's Thursday, November 6th, 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 are joined today by the executive director of the mayor's office of consumer affairs and licensing, Kathleen Joyce, and director of operations, Rebecca Fu. There's only one item on this afternoon's agenda. I
will read the item into uh the record. I'll ask who is present on behalf of the Lency and who is present on behalf of the Boston Boston Police Department whether there are any other individuals with firsthand knowledge of the alleged incident. After which I will swear in all parties. The police report will be
then 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 on this afternoon's agenda concerns 383 Lot LLC doing business as Park City located at 383 Dorchester A in South Boston. Date of the incident September 5th, 2025. Loud amplified music emanating into neighborhood at 57
to 58 dB or quarter mile away uh in violation of the Boston noise ordinance. Who is present on behalf of the lency? >> Good afternoon, Secretary Green, executive director Joyce, director of operations who uh Tom Miller from Mcder Miller and Hanley here on behalf of the
Lency. Uh I'm joined by Michael Shaw, the manager of record and part of the ownership team. Michael O'Brien the general manager. >> Thank you. Thank you. And who is present on behalf of the Boston Police Department? >> I am Detective Hernandez. >> Thank you. And are there any other individuals of firsthand knowledge of the alleged incident who wish to
testify? >> Sergeant Detective Gallagha if needed. >> Thank you very much. Can all those who plan to testify please raise your right hand? Um Mr. Char, Mr. O'Brien, if you testify, please raise your hand. Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth?
>> I do. >> Thank you. Detective Hernandez, if you could please read the report into the record for the entertainment division. >> Good afternoon. I'm going to read from the report which I wrote on Friday, September 5th, 2025. Shine detective William Gallagher and Detective Eddie Hernandez assigned to the BPD license
premise unit conducted a license premise inspection of Park City. Detectives were there regarding a noise complaint that had been made to the city's complaint line. As detectives approached the assassment, they could easily hear loud amplified music emanating from inside the premise going out onto the street
and the abuing neighborhood. Detectives first went to the complaint street to measure the amount of music traveling into their neighborhood. The street is approximately a quarter mile away from the establishment. Detective Hernandez utilized a sound meter and recorded an average decel reading
between 57 to 58 dB. Thanks made note of the time as approximately 11:29 p.m. Boston noise ordinance states that decibels may not exceed uh 50 dB after 11 p.m. Detectives then went over to speak with the person in charge of Park
City, Mr. Mike O'Brien. Mr. O'Brien stated that he was aware of the ongoing issue with their music disturbing the neighbors. Um Mr. O'Brien stated that he had been doing his own sound readings but hadn't done one since 9:30. He then uh directed the staff to turn down the
mute the speakers and the disc jock he was using. As a result of what detectives observed, sign detective Gallagher issued license for inspection notice 020605 for DJ music emanating beyond premise after 11 p.m. with an average noise
reading u between 57 and 58 dB. Mr. O'Brien signed for and accepted the notice. off of the report and there is a picture attached to the report of um the actual decibel reading that we um had from where we were measuring it from in
front of the affected address. Uh that's all. >> Thank you very much. Attorney Miller, would you like to address the alleged incident? >> Thank you, Secretary Green. Uh Detective Fernandez, uh when you have interacted with the staff here and specifically on this occasion, uh were Mr. O'Brien and
the staff of Park City cooperative with you? Oh yeah, always. They're always very cooperative. >> Thank you, sir. Uh no more questions at this point. Um the licency here here uh has worked since uh they opened to regulate and
mitigate the noise that radiates from uh the premise into the surrounding neighborhoods. Uh since opening, they have uh gone out as referenced in the report into the neighborhood at specific locations to monitor how the sound is emanating to make sure that they are
within acceptable levels and that they are mitigating any impacts uh on the neighborhood. Um the managers, including Mr. O'Brien, conduct these readings at multiple points around the premise, multiple times a night. Um when the readings happen to spike above uh they
work with the manager who is out uh conducting those readings works with the manager on premise uh at the time connected via radio to uh adjust the sound settings to make sure that they have come they come down uh to the acceptable level. they work uh they work
to prevent that from going, you know, from raising above, but when they find out that they are, they make sure to bring it back down uh as quickly as possible level below the noise ordinance um requirements. uh when they have received uh a
complaint from the neighbors, when neighbors have contacted them directly or been connected uh from uh by you know by the board uh to them. uh they've done everything they can to work with them to a reasonable to address reasonable
concerns, questions, comments uh to make this, you know, and as workable for all uh all people in the area, themselves and the neighbors. Um the entire Park City team understands that they are members of the
neighborhood here and they've worked to be good neighbors including trying to work with them the people around them to uh create an environment that everyone can enjoy. Uh since receiving this inspection notice uh they've taken
further steps to mitigate uh the way in which the noise emanates into the neighborhood. uh instead of using uh the app that was recommended to them, they've they've purchased a death bowl meter similar to the one pictured uh in the uh license premise inspection
notice. Um and are using that now uh for a more accurate and more consistent reading. Um they've also engaged uh Kavanaaugh to uh Toshi, a well-known and respected uh consulting firm in the acoustic and audiovisisual field to
evaluate the way in which that noise is traveling uh from the premise and to evaluate and adjust their operational plan to better mitigate the noise that is coming from the premise and prevent any future spikes or uh issues in the
way in which uh this emanates out from the the um from the premise into the community. Um that that's the you know the basic presentation at this point. Uh we're happy to address any questions that the executive director or director
of operations may have. >> Thank you. We'll see if there are any questions you might have at this time. Uh Director Joyce, Director F. >> Just a couple questions. First, thank you for being so cooperative with us and with the licensed premise unit. It's always a lot of these um licensed
premises and the noise change in different neighborhoods because of development and weather and times of the year. So, we're learning too as we go. That being said, could you share with us your sound your third party sound engineer that you've hired? We're actually looking to looking into doing
something similar in the city to educate us about how sound travels and um how it impacts um business and residents um in the neighborhoods. Um that would be helpful to us too. And I know Rebecca and I have been talking about that.
>> They've been fanti um has been incredibly helpful um on a lot of our stuff from like start to finish. then they're able to come in from an engineering standpoint to troubleshoot. Um we've used them many times always successfully. So happy to
make an intro. >> Great. Thanks. And we always appreciate any effort that a lency makes to be a good business person and a good neighbor. Um that being said, do you share like is there I know you said you respond in real time when you hear about um complaints and stuff. So, do
neighbors in general, in this particular neighbor, do they have a line to call you or an email that you guys check frequently so that they can get in touch with you in real time if there's a complaint? >> Yeah, they do. >> They do. Okay. I know at one point we
asked for that. I just wanted to double check. Um, and then let me see. Um, see, um, could you tell us where the speakers are located? >> Yeah, I could the there's a lot of them.
Um, yeah. Um, they uh there's five zones basically. Um, so we have the ability and Mike and his team has the ability and this is what they do where they can control um every zone and almost every speaker. So
there's smaller speakers located near do a larger speakers located um in the back corner of Oralia Street really like on the back side of one of the old buildings that's fenced in. Um, and then it's just kind of tube speakers if point
everything faces into the space if that makes sense. >> Yeah. Um, that's very helpful. And then I'm going to request um some sort of plan about where your speakers are that we can have on file. Um, and if you could keep it on
site for future inspections, just so we could when we talk about this next time, we can say it was coming from this area and we could have a conversation and um, a more informed conversation as far as where the speakers are located. >> Absolutely. >> Okay. Um, do you keep a log noting um,
you know, where the complaints come from? I'm sorry, where you take your measurements from? >> Yes, they do. >> You do? Okay. Um, That's helpful, too. Rebecca, do you have any questions?
>> Uh, the only question I have is just the the night of the violation, was there like a special event happening or was it just regular night? >> We had a disc jockey. >> How often do you guys have the DJ? Is it
just on weekends or? >> Yeah, mainly weekends. >> Okay, thank you. >> Sorry. >> Sorry, I have no further questions. Sorry to speak. I just asked you to mute. >> I'm sorry. Can you hear me now?
>> Yes. >> I I just had a question. Who controls the volume? Is Is it the districtarchy or is it uh Park City employees? because I I know we've probably been told in the past but I forgotten because that would probably be a big thing. I know a lot of
the like to be above the crowd but uh if uh if Park City's controlling the volume I would feel a little more comfortable there actually some control >> on the levels emanating into the neighborhood. I didn't know if there was an easy answer for that one. >> We control everything. Okay.
>> Whether it's live entertainment at DJ, we have full control and maintain control every single night we're open. >> Perfect. That's good. Any further questions from uh from director Joy or director F? >> Nothing for me. >> Great. With that, if there are no
further questions, the entertainment division will take this under advisement and will issue a written decision. This being the only item before of the division this afternoon that will adjourn this hearing. Thank you all and enjoy the >> Thank you very much. >> Thank you.