Good morning. Thank you all for joining. We will be starting in just a moment as we clear the waiting room. For those entering from the waiting room, please do remain on mute unless or until you are providing testimony before the board.
Good morning. This is a hearing before the licensing board for the city of Boston. Today is Tuesday, January 6th, 2026. 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. I'm chair of the Boston Licensing Board. Thank you for joining us today. I'm also joined by
Commissioner Liam Curran and Commissioner Kiana Saxon. >> Thank you very much. Please ensure that your audio and visuals are working properly if you will be testifying before the board this morning. 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, whether there are any other individuals with firstirhand 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 and any witnesses 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 personal knowledge of the alleged
incident. We'll begin with the first item on this morning's agenda. Calling item number one, Mile 22, Inc. doing business as cityside in the circle located at 1958 to 1960 Beacon Street in Brighton. Date of the incident October 18th, 2025. Overserved patron in
violation of Mass General Laws chapter 138 section 69. Who is present on behalf of the lency? >> Steph Deli, operations manager. >> Thank you, Mr. Delore. Who is present on behalf of the Boston Police Department?
>> Yes, Sergeant Patrick Murphy from District 14. Thank you, Sergeant Murphy. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning? Can you both please raise your right hand? >> Do you swear to tell the truth, the
whole truth, and nothing but the truth? >> Yes. >> Thank you. Sergeant Murphy, if you could please read the report into the record for the board. >> Yes, I will read it verbatim, sir. >> Thank you. About 1455 hours on Saturday, October 18th, 2025,
Detective Levichef, working in the Kilo 424 car, responded to a radio call about an unconscious person in the back of Cityside Tavern located in 1980 Beacon Street, Brighton. On arrival, the the detective along with
Boston Fire and EMS found the victim identified as Rocco Matino lying on the ground near the back door of the bar. Matino was unresponsive and breathing and would eventually regain consciousness when EMTs were lifting him
on the gurnie. Matino was transported to Beth Israel Hospital by Ambulance A14. The detective spoke with Gavin Walsh Walsh Brian, witness number one, who identified himself as Matino's roommate
and fellow Babson College student. Gavin stated that Matino was drinking last night and this morning at the BC tailgate and passed out. Gavin stated he saw the victim, Matino, was drinking
vodka shots before passing out. officer was approached by Gavin's parents and spoke to his his father, Brian Walsh, witness number two, who stated he was at the bar when he saw Matino passed out and carried out of the
establishment by the staff. The detective spoke to Brian again, who confirmed that Matt had a couple of shots of vodka and just slumped over and passed out. Brian confirmed that he and another person
carried Matino out the back door. Brian added that this is not the first time Matino passed out due to drinking too much alcohol. The detective notified uh myself the patrol supervisor that
day. I responded conducted a code 35 at the Cityside Tavern where a violation was issued for over serving uh a patron license premise uh inspection notice 003716
with copy provided to Kyle Fontaine cityside person in charge. Mr. Fontaine was cooperative with the police during the initial call and code 35 license premise inspection. Thank you, Sergeant Murphy. Mr. Delorei,
would you like to address the alleged incident? >> Um, in addition to that, we did issue the video footage and handed that over to D14. Um, I've pulled the tabs for the person mentioned in the report. They were in the building for an hour and 32
minutes. Um, they were served personally, a total of four drinks within that time frame, but purchased five. um the last round of drinks going to a different person that they were with. Um we have pretty robust policy surrounding responsible alcohol service
being, you know, in a Boston College uh area um for our bar and a separate um alcohol service and noticing signs of intoxication for our door staff. So, it's something that we take very serious. Um we were the ones that called
the police. Um, the only reason we went out the back door is because the person was on the second level and it was deemed safer than trying to escort them down the stairs. I don't have anything else to add. >> Thank you. But before we move to questions from the board, I do see uh
Mr. Martino and Mr. Walsh are with us. Are you planning on providing testimony to the board this morning? >> I mean, I just agree with everything that they've said. Sorry, before you do say anything, I'm just going to ask if you if you are planning on saying anything to the board, if you could please uh both raise your right hand.
>> Um I wasn't planning so >> Oh, thank you. Well, you're speaking right now to the board just to make sure that we capture it. If you could just raise Thank you. Right. raise your right hand. Do you sort of tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Anything to add? >> Um I mean, no. I agree with everything
they said. I don't think honestly that they uh I think they did everything they could for me. I think it wasn't really on them. Um I think everything kind of happened so suddenly and and um like when I went into the bar I think I I was
in pretty decent shape. So I don't think it was on the bouncers or anything. I think it just happened so sudden and um I think the bartenders were kind of just probably busy and didn't really notice anything and and uh after it happened uh I don't think there's anything that they
could have done differently. So, >> thank you. If there's anything further to add, we'll see if the board has any questions. Uh, Joyce, thank you and thank you for joining us. Um, I don't know if this is a question for Seth or for Mr. Martino, but I think you said he was served four drinks. Then there was
another round, a fifth drink that someone else handed him. So, how many drinks was he served? >> He was personally served four drinks. He was personally served four drinks. And then you're saying this other fifth drink someone else bought and gave it to him. >> He purchased five drinks. Four of the
drinks were for him. One of the drinks were for another person. >> Okay. Okay. >> And that was through three different bartenders >> and two of those were shots.
>> They >> Yes, that's correct. Um they second I lost my window. No, they weren't all shots. Um, there were two shots of tequila, three shots of tequila, and
then the last two drinks were espresso martinis. So, he had three shots of tequila, one espresso martini, >> and it was he was in the building for 1 hour and 30 minutes. The time the tabs were started was at
10:01 p.m. and his last purchase was at 2:34 p.m. So now we're 33 minutes. >> Okay. So four drinks, three different bartenders, three shots, one espresso martini. You said you do have video.
>> Yes, that was handed over to D14. >> Okay. We don't have that. Um that's okay. Uh, >> would you like me to contact D14 to get that over to you or? >> Uh, sure. >> Okay. >> Um, Commissioner Karin and Commissioner
Saxon, do you have any questions? >> Uh, I wouldn't have anything to add. Thank you. >> Um, just one curious question to the to the patron like how much did you have to drink before you came in? Um, I don't know an exact number, but we
were we were drinking all all day and all morning. So, it was definitely like a lot. I would say maybe I don't know 10 eight to eight drinks. 10 drinks. >> And to the the the license uh licency
like what are your procedures on checking people when they come in through the door? Just review. >> So, we did have a door guy on. Um, so typically what happens, well, what happened is we have a scanner set up. So they put the ID in the scanner and while
it's processing them, they kind of take an assessment of where they feel like the person might be at, look at their body language, look at their posture, say, "Hey, how you doing?" Seeing if any speech is slurred, like taking the opportunity to notice if there are any signs of intoxication. We followed up with the door guy for Bris and he said
he didn't notice anything, but Any further questions from the board on this matter on this matter? >> No thanks. >> Seeing none, the board will take this matter under adisement. Mr. Deler, if you uh have access to the video, please
do send it over to the board. I'll make sure it's shared with commissioners. >> We'll do. >> Thank you very much. Uh, now calling into the record item number two, Stark Hospitality LLC, doing business as Hugh, located at 90 Extor Street. Date of the incident, November 9th, 2025. Assault and battery patron on patron in
violation of mass general laws chapter 138 section 64 chapter 265 section 13A. Who is present on behalf of the lency? >> Um, >> thank you. If you could please uh just identify yourself for the board. >> Hmelu, general manager.
>> Thank you. Who is present on behalf of the Boston Police Department? >> Officer Gabrielle Powell. >> Thank you very much. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify? Could you both please raise your right
hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Officer Powell, if you could please read the report to the record for the board. >> All right. Verbatim from the report. It's going to be about 1:20 a.m. Excuse
me. On Sunday 119 2025, officers Paulo Martinez and the Delta 103 Alpha responded to a fight at 90 Extor Street Hugh nightclub, Boston. The Victor 949. Um, Sergeant Dive Johnson. Delta 431
Alpha Lombardi. The Delta 411 Alpha Victorin. The Delta 421 Alpha Stewart. The Delta 435 Alpha Maf. Delta 205 Alpha Cahas Virzes. The Delta 203 Alpha Caster Wong. And the Delta 101 Alpha Brown and Richard also responded.
Operations advisor calling Party stated that there was a brawl going on inside of the Hugh nightclub. The calling party stated there was over 100 people fighting inside the nightclub. Upon arrival, officers saw multiple people fleeing from the bar and screaming. Multiple people were screaming. The
fight was inside and downstairs. Officers made their way downstairs and observed a black shirtless male attempting to push past security to get to another black male. The shirtless male was later identified as uh Kelvin Glover Stuks. Um and then his date of birth. Everyone
in the basement of the bar was screaming and pushing each other. Suspect one was screaming that he got jumped and that the people took his chains. Suspect one further explained that he was with some women who were trying to take a picture and these men were pushing into the women. Suspect one stated he pushed the
men back to get the female's space. Suspect one stated that that was when he was jumped. Officers were able to clear the bar out, but due to suspect one's animated state and him attempting to push past officers in security was detained and placed in handcuffs that
were double locked. At this point, the bar had been cleared out and everyone from the bar went in different directions on Exer Street. Officers observed a large group of people head down head towards Exer and Boilson Street. The victor 949 conducted a code
35 lesson premise check and then there's a citation number violation of patron on patron. The bar was cleared and the scene had and the scene had calmed down. Suset one suspect one had calmed down stated he didn't want to speak to officers about him being jumped and didn't want to file a report. Officers
released the suspect from handcuffs. Suspect one left the bar and left the area. A few minutes later, officers speaking to the manager of the bar and being shown the video of the incident. Officers heard screaming and heard multiple people yell, "They fight and they fighting." Officers observed a group now in the middle of the street of
Exer and Boilston. Officers observed suspect one pushing and punching multiple black males and a black female. It should be noted that all parties suspect one was fighting were actively striking him as well. It should be noted that all parties present had declined medical attention. Officers placed suspect one under arrest for disordered
conduct in a frey and then placed him in handcuffs that were double locked. Suspect one was cooperative during the arrest. Suspect one was searched and soon arrest for weapons or contraband. Nothing was located. Officers had also observed another black male that was fighting suspect one and continued to try to fight suspect one's friends that
were standing near officers and suspect one. The male was later identified as Giovan Giovana Rodriguez. Then it stayed birth. Officers attempted to place suspect two under arrest, but suspect two began to swing his arms around and attempting to evade arrest. Suspect two
also sorry attempted to pull himself away from officers and attempt to flee. After a short struggle, officers assisted suspect two to the ground and placed him in handcuffs. Suspect two was searched in arrest for weapons of contraband. Nothing was located. Um both suspects were transported to jail for
booking. >> Thank you very much, Officer Powell. Miss Bellich, would you like to address the alleged incident? >> Yes, thank you. Um on the evening of the incident, we were hosting a large um celebration with two different groups.
Um as stated in the police report, there was some sort of verbal altercation and or based on of um accidental bumping which led to a shoving match. Initially though there
was um it escalated with one person punching another person. Um we have submitted the video a majority of the fighting was shoving um with one person throwing punches immediately. The difficulty in that was the large the
groups being so large and the location where our security couldn't uh respond immediately and trying to get to the middle of the situation. Once we identif management and security identified that there was some sort of disturbance,
lights came on, music was cut off, uh we immediately called the police and tried to get the other patrons out while um we were trying to calm and separate the scenario. Once the police came, we had already had the situation under control
with security having um already separated the groups and a majority of the space was already empty. Once we had emptied it, we did our best even with police being outside presence just uh having the crowd disperse, but that just
wasn't the case. And again, we showed the video where even with police presence, nobody was trying to go home, which led to the second incident. >> Thank you. And I I'm assuming that video was shared with police. Um we we don't have a copy of that video if it's still in
>> Yes, absolutely. video was shared with detective uh Tuxer and police the day of and a copy was sent to them showing all different angles from just the shoving the person throwing the punches as well as uh the outside.
>> Thank you. We'll see if there are any questions from the board at this time. Chairman Joyce, >> could we please get a copy of the video? >> Absolutely. >> Okay, we could get that today. That would be helpful. We vote on Thursday. I have a couple questions. Can you describe you said there was two large
groups, two different groups, the same celebration or two different private parties? >> Two um two separate groups celebrating two different uh birthdays. One was a larger group, the other one was a smaller group and that's where the
conflict happened. They were standing they were seated next to one another. >> Okay. Um can you please describe for me what your dispersal plan is at the end of the night? Absolutely. So, last call's at 1:30, lights are up at 1:45,
um, and then we gradually let people leave naturally, and then everybody's out by 2:00, and security funnels people out the door. >> How many security do you have on? >> Five. >> How many? >> Five. >> Okay. And what's your capacity?
>> Uh, it's I believe on paper 269, but we never go over 280. You mean the other way around? >> No. 269 is our capacity. We have three different spaces. >> But you never go over 280. >> Correct. And then
>> you only have you only have 269. So you shouldn't go over 269. >> 469. 469 between all of our spaces. >> All right. So five security. Do you know how many people were there that night? I would say I believe it was 224.
>> And then in add in addition to the security, how many staff do you have? >> Staff all in or staff with in management? >> Well, tell me how many people were working here this night that this big fight broke out. >> Figure out if you were properly staffed.
>> I would I believe it was 11, but I'll double check. between four bartenders, three servers, and then the rest being management. >> Okay. So, who saw the fight first? >> Uh, one security guard and myself.
>> Okay. And then you called for extra help from the other security guards. >> And then how did you get them out of the building? Uh again, security ended up splitting the two groups that were fighting and then we just had the other security
officers leading people out and then police were there while half of the group was leaving. >> Okay. So I have a note here that when you were served by Boston police, management refused to sign.
>> That's not true. When the person came in, I had left the building. They were asking for management. It was the door girl that was there and she said there's nobody from management. She just stepped away from the store and the person said, "Okay, I'll count it as a refusal."
There was no other management to sign at the time. They specifically asked for a manager. >> Okay. Then you had no manager on duty. >> I stepped away to go purchase uh at Star Market to purchase oranges and came. It was a matter of 10 minutes. She told him
that and then he said, "That's fine. I'll count it as a refusal. He only spoke to the door girl. >> All right. Um, >> thank you, Commissioner Corona. Commissioner Saxon, do you have any
questions? >> Uh, I think you addressed everything I would have. Thank you. >> None from me. Thank you. >> You >> Thank you. If there are no further questions, the board will take this matter of advisement as well. um video can be sent either uh by email to
licensing board at boston.gov or dropped off to our office on a thumb drive at city hall room 809. Um once that is received, I'll make sure it's shared with commissioners. Thank you. >> Just my last note is it might be helpful. I well actually think it would be a a good policy for you to if you step away to put somebody else in charge
to sign because this could be interpreted as lack of cooperation. >> I completely understand. I think we've never had a scenario like this. They just weren't comfortable. But there were people that could have signed for it. They just weren't comfortable and they called me immediately, but the person had already left.
>> Okay. I think I think to make sure that doesn't happen again, you should instruct whoever is meeting with someone at the door and if they're representatives of Boston police that they should cooperate and find somebody immediately who can sign because it it will be considered lack of cooperation.
>> Thank you. >> Thank you very much. With that, the board will take this matter under advisement. Calling uh into the record item number three, Croak Park, Inc. doing business as Croak Park, located at 268 West Broadway in South Boston. Date of the incident, October 11th, 2025. Salt and battery around a patron outside
abuing the premise in violation of Mass General Laws chapter 138 section 64 and chapter 265 section 13A. Who is present on behalf of the Lency? Is anybody here on behalf of Croak Park? We will attempt to contact the Lency and take a second call.
Calling item number four, Summers Boston Restaurants, Inc. doing business as Hennessies of Boston, located at 25 Union Street. Date of the incident, September 23rd, 2025, assault and battery staff on patron in violation of Mass General Law, Chapter 138, Section 64, Chapter 265, section 13A. Who's
present on behalf of the Lency? >> Uh, Noel Summers. >> Good morning. who's present on behalf of the Boston Police Department. >> Uh, Sergeant Detective John Fitzgerald and we also have Stephanie Kell focus as well.
>> Thank you. I do see both of you. There any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning? Can you all please raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes. >> Thank you. Who will be reading the
report to the record? >> Me. Um, officer Lopez, >> thank you. >> Upon arrival, officer spoke with the victim, Anthony Severis, who stated he was in the bar talking with the black female and was notified that the female
was the bartender's girlfriend. The victim, the victim, Sarah Severis, then stated the staff kicked him out because he was quote unquote flirting with the bartender's girlfriend. Officers observed the victim to be highly intoxicated with glassy eyes and slurred speech. The victim was hit in the mouth.
Officers observed blood all over the victim's face and cut to his lower lip. Officers spoke I mean officers requested EMS. Officers then spoke with security of the bar. Hennessy's Kevin Tombs who stated the victim had been removed from the bar due to being highly intoxicated
and was making uncomfortable statements toward multiple female parties in the bar. Mr. Tombs stated the victim was acting belligerent and kept trying to make and try kept trying to get into the bar. Mr. Mr. Tomb stated the victim then swung his arms and legs towards him and
kept charging towards him to get into the bar. Mr. Tombs then swung back with a closed fist, hitting the victim in his mouth. Officers observed cuts to Mr. Tomb's right index finger. Mr. To Mr. Tombs denied EMS. Ambulance A15
responded to the scene, evaluated the victim. The victim was transported to Mass General Hospital for further evaluation. Thank you very much. Miss Summers, would you like to address the alleged incident? >> Uh, yes. Um, when he was in the bar, there were several uh females that
approached uh Kevin, our security, saying that they felt uncomfortable um with that individual and um that he was saying inappropriate things. Uh he had walked outside to have a cigarette and Kevin then denied him entry the next time he tried to come in. Um
or he had he had gone to have a cigarette. Uh he came back in. Kevin thought he was gone. When he came back in, Kevin asked him to leave. He did leave without incident, but then kept trying to come back in from the door. Um in the front and was just uh being
aggressive towards Kevin and um lunging at him and and Kevin did swing back. Um and then we did know the police had already been called, so we were just waiting for the police to come and it was all within they came very quickly. Thank you. We'll see if there are any
questions following that testimony. Chairman Joyce, >> uh, thanks. Do you have any video of this incident? >> We have video of the inside and the doorway, but we don't of the actual that was off camera to the side, but I can send what we have.
>> Okay. Um, and Kevin, how long has he worked for you? >> Um, on an offer about eight eight years. Okay. And is your testimony or his recollection that swinging back of him
was um in response to Was it Was it self-defense? Was he responding to this person kicking him? Was it appropriate? >> Yes, it was in self-defense. It wasn't He was trying to avoid him. It It went on for a few minutes of him antagonizing him. >> Okay.
Okay. Do we have um I'm not sure if we have it, but if you could forward to us any sort of internal instant reports you might have from that night or >> Okay. >> training that you give to your staff. Um,
you know, but when force like this is, you know, >> well, we have like an we do have a no tolerance for putting your hands unless it un unless it comes through a thing of self-defense if if you've been knocked to the ground or something like that, but we do have a policy of no hands.
It was a Tuesday night, so he was the only security. >> Okay. So he did not have um the backup and because it happened so fast he was unable to get the backup from our other establishments of security which typically on a Monday, Tuesday, Wednesday night that's what we do.
>> Okay. Thank you. Uh Commissioner Carino, Commissioner Saxon, do you have any questions? >> I have nothing to add. Thank you. >> Nothing to add. Just actually just one quick question. Was your testimony based on personal observation or was it just a conversation that you had with him? Um,
it was a conversation with the bartender and um, Kevin. >> Thank you. Are there any further questions from the board? >> Okay. And just to reiterate the chair's request for uh, any video that you do have um, from the inside of the premise
as long as it's any internal reports and evidence of training regarding use of force. Thank you very much. Make sure that's all shared with the board. >> All right. Thank you. >> Thank you. The board will take this under advisement. Calling into the record item number 5 CMG 10PO Square LLC
doing business as Marielle located at 10 post office square date of the incident September 12th 2025 persons under 21 in possession of alcohol on premise in violation of mass general 38 sections 34A 6464A who is present on behalf of the
lency >> Michael Atkins >> attorney William Burke for Mariel with Mr. Atkins, >> thank you. And who's president on behalf of the Boston Police Department? >> Detective Gallagher and Detective Hernandez should be here. I'll read it
if he's not. >> Yep. Detective Hernandez here, sir. >> Thank you. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning? 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 very much. We'll be reading the report to the record. >> I will be. >> Thank you, D. Hernandez. Can you please proceed? >> Good morning. I'm reading a report which I wrote on Friday, September 12th, 2025. Sergeant Detective William Gallagher and
Detective Eddie Hernandez assigned to the BPD license permission conducted a license premission inspection of Marielle. While walking through the restaurant, detectives observed a group of patrons drinking alcoholic beverages. They noticed these patrons looked young and asked them to produce identification
to confirm their ages. One of the patrons, Miss Car Miss Carmen Navas Rodriguez, immediately stated she was under 21 years of age and provided detective with her Puerto Rico driver's license. Valid Puerto Rico driver's license confirmed that her date of birth is 111204.
It showed it should be noted that as Miss Navo Rodriguez was pulling out her driver's license, Detective Hernandez noticed a Colombian driver's license. Detective Hernandez asked to see the license and confirm that it was fraudulent. The fraudulent driver's license was confiscated by detectives. Miss Nves Rodigas will be summoned to
corporal false issues for an armed document. Excuse me. False and a person under 21 in possession of alcohol as a result of what uh detectives observe detective Gallagher issued license inspection notice 020614 for persons under 21 possession of
alcohol on premise. Uh the person in charge, Mr. Sebastian Connor signed from the noodle. That's all. >> Thank you very much. Attorney Burke, would you like to address the alleged incident? >> Yes, Mr. Green. Thank you. Good day. Uh, Detective Hernandez. Uh, were the folks
at Marielle cooperative with yourself and uh, Sergeant Detective Gallagher during the course of your inspection? >> Yes, sir. >> Okay. Did you in fact observe this woman uh Carmen Naza Rodriguez uh drinking any
alcohol at the table? >> Uh there was a glass in front of her. I don't know if we actually I mean it's been a while now. I I don't remember. I don't remember if we actually saw her drinking. There was alcohol in front of her. >> Fair enough. she cooperated and and she produced a Puerto Rican license that uh
that confirmed her date of birth was 111 of 2004 about uh about 18 days after the date that that you uh confronted her. Correct? >> Yes, sir. >> Yeah. She was just about to turn 21. Not
an excuse, but just to confirm. Um, did you ask for or secure any uh video um of uh the server for this particular table uh checking IDs at this establishment? >> Not sure.
>> Okay. All right. I don't have any further questions. Uh Mr. Green, um I do have Michael Atkins here. Michael Atkins is the general manager and the manager of record. Mr. Atkins, uh, would you just state your name for
the record? You're gonna have to unmute. >> Michael Atkins. >> And so, what's your job? >> I am the executive vice president for the company. >> How long have you been in that position? >> Um, five years. I've been with the company for 10.
>> Okay. calling your attention to this incident in uh in September of 2025. Uh did you uh do an investigation on behalf of Muriel and and uh come into information or possession of information concerning this particular incident?
>> I did. Yeah. Um you know, we take this uh this responsibility very seriously. Um but I work with Sebastian, the manager on duty to get as much information about what occurred. uh collect a statement from the server and any anybody else that was involved.
Review camera footage. Uh upon reviewing the camera footage, the server does check the IDs at the table. Um you can't see specifically what you know what IDs she's looking at. Um and unfortunately it seems like one of them ended up being fake. You know, the server's been with
us for 4 years with no previous issue. She's tip certified through Serafe, gone through counseling and retraining. And we use this as an opportunity to review ID procedures. you know, across the board with the entire team >> and is a video of that uh that uh uh
depicts your server uh that's miserivous uh carding or checking IDs on this table that's available to the board should they wish to view it. >> It is. Yes. >> Okay. Um and and do you have a rigorous uh sort of a program for uh identifying
underage uh persons who are in the restaurant later in the evening? Yeah, I mean we take every possible step we can. You know, they start checking IDs at the door around 10:30, 11, depending on the night. Um, regardless of whether the ID
is checked at the door, if you're a bartender or server and you're planning on serving alcohol, you have to recheck the IDs again. Um, we do have a scanner available, uh, Vera Scan, um, that all staff is, you know, able to use. Um, and
like I said earlier, we take this very seriously. You know, like like serving, you know, one underage person is it's a pretty big deal to me. Um, it's not something that I uh that I um, you know, that I agree with. Um, but I
do think that she took the proper steps to make sure that, you know, that um that we were keeping our guests safe. >> I don't have any further questions. I' I'd leave it to the if the board has any questions of this witness, be happy to have them available to you.
>> Thank you, Attorney Burke. We'll see if the board does have any questions. Chairman Joyce. >> Uh yeah, my question is about the even if she showed her Colombian driver's license, that's not acceptable. >> She showed a Florida driver's license. >> Showed a Florida driver's license.
>> Yes. >> Detective Hernandez, on that night, did she have a Florida driver's license on her? >> Um I I I don't I don't think so. I don't remember seeing her on her person. We just saw the Colombian driver's license and and her valid driver's license from Puerto Rico. >> Okay.
>> That's the only thing I saw on her when she pulled it up, you could see that. We didn't go through her personal belongings. Obviously, >> that was why I asked the question just because the notes in the narrative say that she showed her Puerto Rican driver's license and then the Colombian one. Um, which was false. So,
>> then she showed a fraudulent Florida driver's license. And also then >> we we don't just for the record uh Madam Chair, we we don't dispute that this was a minor who was at a table where alcohol was served. That that's not in dispute
at all. And and and if she did show and the server recalls her so showing a Florida driver's license, she probably should have looked and and gotten a Massachusetts license or questioned it. Uh it's it's a falling down that that we're not challenging that part of it.
Okay. that that's not where we're going. Uh remedial steps have been taken and they treat this exceedingly uh uh cautiously. They they Marielle wants to make sure they're in full compliance and they want to make sure their employees are in full compliance. This is not an establishment with a lot
of problems. >> Thank you. Commissioner Curran or Commissioner Saxon, do you have any questions? >> I'm sorry. Are we Did we request the video? I'd like to see what the video shows. >> We'll we'll provide that to you. >> Okay, that's all I got.
>> Thank you. >> Um, and will the video show how many people were at the table and how many drinks were served to that table? >> The the the I think the video will show uh the number of people at the table at the time. Subsequently, there is a uh
there was actually a bill. These people were put out after this uh confrontation by uh uh uh Sergeant Detective Gallagher and Detective Hernandez. And uh you know the Marielle was left with their bill that showed that that table was served
three drinks and and I think we can provide you a copy of that if you wish. >> Thank you. Are there any other questions from the board at this time? Please do uh submit a copy of the video to the board. I'll make sure it's shared with the commissioners. With that, the board will take this matter under
adisement. Thank you. >> Agree. >> Thank you. >> Calling item number six, Metro Dining, Inc. located at 32 to 34 Harvard A in Alustin. Date of the incident, October 16th, 2025. Persons under 21 in possession of alcohol on premise in
violation of Mass General laws chapter 138 sections 34A, 34 C, and 6464A. Who's present on behalf of the lency? Derek Brady. >> Thank you. Who is present on behalf of the Boston Police Department? >> Director Hernandez.
There >> any other individuals with firsthand knowledge of the alleged incident who wish to testify? >> Galler if need be. >> Thank you very much. Can you please raise your right hand? Do you sort of tell the truth, the whole truth, and nothing but the truth? >> I do. >> I do.
>> Thank you very much. Uh Hernandez, will you please read your report into the record for the board? >> Good morning. I'll be reading again once a report I wrote on Thursday, October 16, 2025. Shine Detective William Gallagher and Detective Eddie Hernandez assigned to the BPD license permission conducted a license per inspection of
the draft bar. Upon reviewing the licenses, certificates and permits of the establishment, detectives observed there was no current inspectional services department certificate posted 531 of 2025. Uh no current Austin
fireplace police of Assembly permit posted 9:30 of 2025. As uh detectives were walking around the bar, they noticed a patron that looked young. Detectives asked the patron to provide its license. The patri provided a California driver's license the name of Palmer Hendrickk with a date of birth of
227 2003. Detective explained to Mr. Hendrick that his license had scanned plent that he would need to provide his true license to confirm the identity. Mr. Hendrick did eventually provide detectives his true valid California driver's license was real birth of 227
2007. Uh Mr. Hendrick did have also have in his possession a second duplicate fra California driver's license also in his name. As detectives walk further into the establishment uh they observed multiple patrons drinking alcoholic beverages. They noticed these patrons
look young and asked them to produce identification to confirm their ages. Patrons initially stated they were 21 years of age of age and provided detectives there eventually discovered to be fraud licenses that were eventually discovered to be fraudzen. The fraudulent driver's license were confiscated by detectives and the
following patrons are positively identified. Name is Claire O'Donnell provided a fraudent New Jersey driver's license stating that her date of birth was 17201. Her true uh valid uh license confirmed that her date of birth was 17206.
Um Mr. David McCanna produced a frozen Oregon driver's license with his date of birth of 10202. Detectives were able to confirm that Mr. McCanna had a valid California driver's license with his actual date of birth of 10206. Detectives
all these matters to the attentional person in charge, Mr. Raj Pine. It should be noted that this um it should be noted that as detectives were interacting with these underage patrons, the majority of the bar patrons
immediately and rapidly walked out. Uh Mr. Pine stated that to detectives he didn't understand why all the patrons were leaving so suddenly. Um, as a result of what detectives observed, Sergeant Detach Gallagher issued license per inspection notice
019665 for no current ISD certificate posted. No current BFD place of assembly permit posted in persons under 21 years old and personal alcohol on premise. Mr. Pine sign for accepted notes. And we do have here
just a couple of pictures of everybody. Looks like there's at least I don't know couple of maybe like about 75 to 100 people rapidly leaving the establishment once they realized we were uh checking IDs in the establishment. We did turn around there's only maybe like seven or
eight people left. >> Thank you. >> Thank you, Detective. Mr. Brady, would you like to address the alleged incident? >> Uh no, I mean the only thing I'd like to ask is, you know, was the manager cooperative and and helping with whatever you needed? Yeah.
>> Yeah. Eventually. >> Okay. Um >> anything further, Mr. Brady? >> Uh no, I mean this is it is what it is. This is um mismanagement um at its finest. And um we uh with this with this
establishment, we've entered into a deal. uh we're trying to get out of uh operating this establishment in the future. So um we had a manager that was there in place and the manager left abruptly. Um Mr. Pine came in to help.
Um when the manager had left uh you know he didn't do a good job in this situation. We used to have a ID machine and the ID machine broke. Um there's nothing else that can be said for that. Um I guess the college kids
have excellent fake IDs. Um and it's it's tough to spot him without without the machine. >> Mr. Brady, why is Mr. Pine How long's he worked for you? I thought you told me in September 2024 he didn't work at any of your establishments. >> He didn't. Um so he came back in October
when our manager left uh abruptly um just to help out. Do you think that was a good business decision based upon >> Well, based upon what'simly not um
uh No, I don't. Um it's not easy to find good help. Mr. Pine had worked at that establishment for 11 years. Uh so he knew it. It was easy when we were in a time of need. >> Does he work for you anymore? >> Uh he's he's still there. Um, I I'm
guessing Well, we're closed now and I don't think I'm going to have them there any longer. >> Okay. Do you remember the hearing in September 24th, 2024? >> I do. >> Yeah. Can I asked you on the record, does Mr. Pine, you told me you fired him? >> And I asked you, do does he work at any
of your other establishments you own? You said no. >> He didn't. >> Okay. But now he's working for you. >> Well, we asked him to step in when a manager left in October. Um, and I'm not sure it was the right decision. As a matter of fact, at this point, I'm I'm sure it wasn't the right decision. Um,
so we'll we'll be moving on from him. >> So, you say, Commissioner Curran, Commissioner Saxon, do you have any questions? >> Yeah. Um, did Mr. Pine have any involvement in the incident that led to the ABC uh suspending you for 10 days
recently? >> No, he wasn't there at the time. Uh, that was Okay. Did he have any knowledge of it? >> Uh, I'm not sure. Yeah, I'm sure he Yeah, probably. Uh, >> okay. Thank you. >> Yeah.
>> Um, Mr. Pine, you hired him in October of 2025 or 2024? >> 2025. >> Okay. And when did the scanner break? >> Uh, the scanner went down at the end of
um 200 March of 2025. >> What steps had you taken to replace it? >> It's expensive to replace. We haven't taken any steps. Um we will now. Um it's not one of those things that uh money
right now with the establishment doesn't come easy. It's not doing well. So Thank you. Are there any further questions from the board? Thank you. The board will take this matter on advisement as well. >> Thank you. >> Thanks.
>> Thank you. >> Calling item number seven, Boston BMA LLC doing business as Marcelino's boutique bar located at two Northern A. Date of the incident October 17th, 2025. Service of more than two drinks to one patron at a time. three shots in violation of master laws chapter 138
section 64 who's present on behalf of the lency >> good morning madam chair members of the board attorney green Kristen scanlin for the lency with us today should be Marcelino Abu Ali who is a co-owner and manager of record along with owner Basil
Badawi too >> thank you I believe I see both in the participant list but not on camera um if you are planning to testify please do turn your camera on so that we can swear you in and have your testimony under oath. Um, while you are working on getting your video up and running, I'll ask 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 this morning? >> Detective William Gallagher if need be. >> Thank you. I do see Mr. Abu Ali on camera now. Mr. Badawi, if you are
planning on going, I see both. 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 all. Detective Hernandez, you please read the report to the record. >> Morning. I'll be reading a report which
I wrote on Friday, October 17th, 2025. Giant detective William Gallagher. Detective Eddie Hernandez assigned to the BPD license permanent conducted a license inspection of Marcelinos. While standing in the bar, the establishment detectives observed a patron walking away from the bar with three shots of
vodka. Detectives brought this to the attention of the person in charge, Mr. Marcelino Abu Ali. Mr. Elise immediately took corrective action and spoke to the bartender in question. As a result of what detectives observed, SH detective Gallagher issued license per inspection
notice 019667 for service of more than two drinks to one patron at one time. This is a prohibited practice in violation of mass law 204 CMR4 section B. Mr. Al sign accepted the notice. That's all.
Thank you. Attorney Scandlin would like to address the alleged incident, >> please. Um, just a couple questions for Detective Hernandez. Uh, Detective, you indicated in the report that you notified Marcelino Abu Ali of your observation, correct? >> Yes, ma'am. >> And that he immediately took corrective
action and spoke to the bartender you observed serving the shots to the patron? >> Yes, ma'am. >> At all times, were management and staff cooperative with you during your visit to the licensed premises on that evening? >> Yes, ma'am. Thank you very much. Uh, no further questions for the detective at this time. Madam Chair, members of the
board, if I may, um, this establishment opened in December of 2024, and this is their first time before the board since the time of their application to transfer the license to this location. Since opening, they've had no issues at the premises. Um, they are experienced
operators who have a location in uh, Providence at the Omni Hotel as well. The reputation precedes them as responsible operators with incredibly attentive staff. On this particular evening, management did confirm that a bartender provided three shots to one
patron. However, to provide a bit more context, this particular patron um who ordered the shots was seated at a table of six approximately 6 to 8 ft away from the bar, which the bartender uh confirmed to Mr. Ali, who could also confirm to you, had a direct line of
sight to the table. Following the service of the shots, the guest took the three shots and set them down at the table of six. As we know, and this lency certainly knows, state law prohibits more than two drinks to one person at uh any one time, which is a regulation tied
to the so-called happy hour restrictions by and large aimed at preventing excessive drinking, binge drinking, free drinks, and the like. Um, again, and to provide a bit more context here in this situation, we do have pictures and videos we can show you for a visual that this particular establishment is very
strict with its bartenders and the equipment that they use and how they serve alcoholic beverages. As this establishment is a high-end cocktail bar, the bartenders use jiggers and limit their shots to 1 ounce um generally in a 3 oz shot glass when
industry standard typically is around 1 and a half ounces for shots. In this instance, while three vessels were used, the total ounce served across them was 3 ounces. And I bring this up by way of example only um where it's a situ situation where context perhaps matters
a bit more because for example a negrroni for instance a negrroni cocktail could contain uh 3 ounces of liquor in one cocktail and two of those would be 6 ounces. So you could have two cocktail vessels containing more alcohol than the three shots uh that the part bartender knew were going to a table of
six. Um, nonetheless, and as reported um in the Boston police report and uh Detective Hernandez confirmed when they pointed this out to the manager, he took immediate immediate corrective action and spoke to the bartender. Uh, Mr. Ali Ken also confirmed that the bartender
saw where the drinks were going and he unfortunately took it upon himself to make an exception to the rule that owners do constantly reinforce. The bartender was placed on probation after this incident and about a week later management observed a similar incident and the bartender was fired as a result.
Since that time, management held the meeting with all staff to not only discuss this particular violation um but also to reinforce the rules and to confirm they have zero tolerance for bending of them. Uh these particular owners are very serious about what they do and love what they do and want to do
it right and expect the same of their staff. That being said, um they and we are certainly happy to answer any questions that the board might have regarding this particular incident. >> Thank you. We will see if there are any questions from the board at this time. Uh Chairman Joyce,
>> uh thank you. I don't have any questions. Commissioners, >> no questions. Yep. Thank you. >> None for me. Thank you. >> Thank you very much. There are no questions and the board will take this matter under adisement. Thank you. >> Thanks very much. Calling item number eight, Early Monsoon LLC doing business as Don't Tell Auntie
located at 1080 oil of the incident October 18th, 2025. Blocked fire exits table and chairs in violation of Mass General 138 section 64 and boards rule 1.06A. Who is present on behalf of the lency?
>> Babu Kandi, one of the owners. >> Thank you. Who's present on behalf of the Boston Police Department? William Gallagha >> for that nightclub where that woman was killed. >> Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify? >> Uh detective if you needed.
>> Thank you. Can you please raise your right hand? Mr. Mr. Kanti, if you please raise your right hand. >> Yes. >> Thank you. Do you swear to tell the truth the whole truth and nothing but the truth? >> I do. >> I do. You do. >> Thank you. Sergeant Detective Gallagher, if you could please read the report. On
10:18 2025 at 11:55 p.m. Asset detective William Gallagha and Detective Eddie Hernandez assigned to the license premise unit conducted a license from a suspension of don't tell aunties at 1080 Boils Street inside the premise. Detectives observed a side fireex to be
blocked by tables and chairs that were set aside to make room for patrons dancing to a DJ that's performing. Detectives brought to the attention of the manager, Mr. Patel who instructed staff to clear the exit. As a result, what was observed? Sergeant Gallagh issued a license premise inspection
notice number 019671 to don't tell auntie for the blocked fire exit. I do uh we do have a picture right here that I'll hold up the board. It's a side fire exit. You can see the all the tables and chairs stacked up there. And uh that's all I have.
>> Thank you very much. Mr. Kanti, would you like to address the alleged incident? >> Yes. Um so yes the the fire exit was blocked but we have another fire exit at the back but however we acknowledged that was our mistake and we moved the tables and chairs right away after the officers made it point and since then we
made it a strict policy that none of the fire exits we have two fire exits none of them are being blocked and we have a strict policy focusing on it. >> Thank you for that explanation. We'll see if the board has any questions for you. Uh chairman Joyce any questions?
>> Thank you. No questions. No questions. Thank you. >> Thank you. >> Thank you, >> Commissioner. >> None for me. Thank you. >> Thank you very much. Thank you for being with us. The board will take this matter under adisement as well. >> Thank you. >> Before we move on to the final item on this morning's agenda, I will take a second call. I do believe we've been
joined by someone from Croak Park. Is that true? Do we have anybody with us on behalf of Croak Park? Uh I think under the name of Tiffany Burn. Is that Are you here on behalf of Croak Park? Hang on. I believe you're speaking, but you're on mute right now. >> Okay.
>> Oh, there you go. >> Hello. >> Yes. Hi. You're here on behalf of Croak Park, correct? >> Yes. Good morning, members of the board. >> Good morning. Thank you. I'll just read back into the record. Item number three, Croak Park, Inc. doing business as Kro Park, located at 268 West Broadway in South Boston. Date of the incident was
October 11th, 2025. assault and battery on a patron outside abuing the premise in violation of Mass General laws chapter 138 section 64 and chapter 265 section 13A who's present on behalf of the lency. >> Uh my name is Danny Kelly.
>> Thank you. And is there somebody else with you who was also planning on testifying? >> Well, there's somebody with me, but they have no no um no uh knowledge of the incident. >> They will not be testifying. Okay. Thank you. Who's present on behalf of the Boston Police Department?
Sergeant Troll, >> thank you. Are there any other individuals with firsthand knowledge of the alleged incident who wish to testify? >> Um, actually, no. And the first thing I have to apologize for, I had to be reminded by the board. I didn't know it was today. So, that that I feel bad about that and I apologize to everybody
about that and thank you guys for still hearing me. But, um, all I can do is tell you everything I know. >> One moment, Mr. Kelly. We have to get through the police report first. >> All right. All right. Just want to make sure uh we've we've accounted for everyone who wants to testify. I have uh you, Mr. Kelly. I
have Sergeant Troll. Is there anybody else uh with firsthand knowledge of the incident wish to testify? >> Yes, sir. Officer Staltz representing the Boston Police Department. >> Great. Thank you, Officer Staltz. Uh could you all please raise your right hand? Do you sort of tell the truth, the whole
truth, and nothing but the truth? >> I do. >> I do. >> Thank you very much. Who will be reading the police report into the record for the board? Uh I I could read the uh police report into the record for me. >> Thank you very much. If you could please proceed.
>> Yes, sir. About 2 a.m. on Saturday uh 1011 2025, officer Schultz, and myself assigned to the Fox 411 alpha responded to a radio call for an injured person located at 260 West Broadway. It should be noted that the events occurred at 268
West Broadway, commonly referred to as White's Bar. Assisting units were the Fox 906 Sergeant Control, Fox Tangle 55 Leapor, and Fox K1 Walsh and Hill. Upon arrival, officers met with Boston EMS,
who were tending to the victim. Victim's head wounds. Victim was later identified as Robert Michael Aduuchi. Date of birth 11:22, 1991. Officer asked the victim, "What happened tonight?" Victim explained that he was hit with
front door of Whitey's bar. Officer observed the victim to be in a bad state with blood all over his face. Officer additionally observed and not noticed blood on the sidewalk from the victim. Officer asked witnesses and patrons what
transpired. Witnesses and patrons were uncooperative. Officer spoke with manager of the bar by the name of Laura. Laura explained that the victim attempted to get back into the bar around 1:45 and was not let in. Laura
also explained that the victim became belligerent and mouthy. Other witnesses explained that a doorman pushed the victim to the ground causing the injuries to his head and face. Victim was transported to Tus Medical
Center for medical treatment. Officer officers then requested for a PS to be dispatched to the location of 268 West Broadway. Sergeant 12, Fox 906 arrive code 35 issued. Ticket number 021533. >> Thank you very much. Uh thank you for
that. Mr. Kelly, would you like to address the alleged incident? >> Um I would. Um that's a bit confusing. So, um, this gentleman came in and he got a beer and, uh, while he was drinking the beer, he got into different arguments with a few different people
and, uh, we shut him off and didn't give him the other one. And I escorted him to the door with no incident whatsoever. And he was he was moaning and groaning, but there was no problem, no violence, no no pushing on his part or my part. And he went out, but it was much later
than that we saw the police outside. So, to my knowledge, I don't know. Um, I don't believe he was hit with the door. Uh, it's secondhand information, but what I was told was that he got into an argument outside and went to attack someone and they pushed him and he fell
and hit his face off the off the ground, but I didn't see that. And that's that's about all the knowledge I have about that. >> Thank you. We'll see if the board has any questions for you. Uh, Chairman Joyce, >> one second. Um,
>> we did one more. We did look when the police officer were here. We checked all around the door because when he someone said about being hit with the door, there was no evidence of blood whatsoever anywhere close to the door that the blood was uh outside the next door house a bit down the street where
they said, you know, would correspond to where he he was pushed and fell on the ground down there. if that helps at all. >> Okay. Uh, sure. Um, Commissioner Car,
Commissioner Saxon, do you have any questions? >> Uh, who do you have on for how many people do you have on for staff that night? >> Uh, the girl Laura Burton and me on the door. We have a real small place. >> Okay. Um, I guess that's all I have.
>> Nothing from me. Thank you. >> Thank you very much. If there are no further questions, the board will take this matter under adisement. >> All right. Sorry again for almost missing. I feel worse about that than anything else. I almost missed the meeting. That would be unforgivable. It >> You made it. Thank you very much. >> Thank you guys.
>> Uh before we move to the final item of this morning's agenda, the board will take a brief 5minute recess. Uh it is currently 11:09. We will reconvene, let's say, at 11:15. Um we'll be back here in five minutes. Thank you all after a brief break. Thank you all for your patience. We are
now reconvened. We are calling into the record item number nine, Paga, Inc., doing business as Icon, located at 100B Warrington Street. Date of the incident, December 21st, 2025. Service to an intoxicated patron in violation of Mass General Laws chapter 138, section 69.
Failure to supervise the conduct of the license premise, a crowd in the violation of Mass General Laws chapter 138, section 64, and boards rule 1.09A. 9A permitting a disturbance resulting in the license premise becoming a focal point for police attention in violation of mass general law chapter 138 section
64 in boards rule 1.09E 09E who is present on behalf of the Lency. >> Good morning, Attorney Green, Attorney John Canel from the law firm of Upton, Connell, and Develin. Good morning, chairman great uh chairman Joyce, board members. I have with me associate Tyler
Hensler who's going to do a large part of the presentation. And I believe also here on behalf of the Lency is attorney Mark Eblois. He Mark is who you were dealing with up to this point. Mark fell very ill this
weekend. Had the flu. He's at the ER, but I I saw him. I see him there. He's here in case we need some backup as far as what was presented to the board to date. Um we also have or we should have five potential witnesses.
Ari Mason, Winter Snow, Juan Riard, Kevin Montgomery, and Michael Tally. Sorry, what was the final name? >> Michael Talby in English.
They're just talking about prosecution. >> Thank you. I just want to make sure that I see all of them on screen. Um all of >> I believe I believe the four out of those five people should be on the same >> They're all with Mr. Montgomery.
>> Yes. Yes. And I see Miss Snow. Great. >> Thank you very much. Uh who is present on behalf of the Boston Police Department? Jeremy Lockwood the only ones that's ever tested. Detective Shane Finn
>> Eddie Hernandez. >> Hi, Detective William Gallalagha. >> Thank you very much. Uh, and I will ask for a moment if there are any other individuals who are willing to testify. I just want to mention uh at the outset of this I think I heard someone mention the word prosecution. This is an administrative hearing. This is a regulatory hearing. There's no
prosecution here. This is concerning the conduct of the Lency during an incident that occurred there. So, just want to clear that up for folks who might have a misunderstanding about the type of proceeding that this is. Um, I will now ask, are there any other individuals with firstirhand knowledge of the alleged incident who wish to testify
this morning? That really includes individuals who were present on the night in question. >> Hi, sir. Yes, there are. Um, I'm Howard Cah. I am sitting here with some of the family members of the victim deedent and uh we do have two witnesses present here
today. We have just recently met with these people actually this morning so it's kind of late in the game but I got enough to go forward. Uh Angela Morales and Maisha Jacobs are here and you said there's one more >> Chenise Monto Chenise Montero is not
present in this room but will be giving testimony uh on on on the >> Thank you. I do see Miss Montero. I just want to make sure the name is Angela Morales. Aisha Jacob. Is that the name? >> Angelica Morales. Maisha Jacob. >> Angelica Morales. Aisha Jacob. Chenise
Montero. >> Maisha with a M. >> Maisha. So sorry. Maisha, Jacob, Chenise Montero. Thank you. I do see all three. I will ask, are there any other individuals with firsthand knowledge of the alleg incident who wish to testify? >> Attorney Green, this is Sherlock Carza.
I'm also going to be on in case they need my testimony. >> Thank you very much, Mr. Resza. >> I see you, you're accounted for. Can all of those who plan to testify please raise your right hand? >> Right. >> Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth?
>> Yes, I do. Thank you. Who will be reading the initial report into the record for the board? >> I will be. >> Thank you. If you can please proceed. >> About 12:28 a.m. on Sunday 12:21 2025. Officers Lockwood and Lee in the Alpha
103 and officer Whan in the 420 Alpha 426 responded to an unknown problem at 100 Warrington Street Icon in Boston. Also assisting was the Alpha 904 Sereno, Alpha 101 Daniels and Roka, Alpha 202 Haran and Rue, Alpha Gold One, Stacco,
Alpha 102 Presley and Rosario, Alpha 435 Cardoso, and Alpha 437 Spellelman. Officers who were on directed patrol in the area of the theater district observed a radio call on their mobile data terminal for an unknown issue at 100 Warrington Street. Officers were
driving down Warrington Street, checking in at the various bars when they were approached by Chenise Montero in front of Icon, who stated her friend was on the floor inside of Icon not breathing. Officers along with Monto were escorted by security into Icon and observed the
victim, Anastia Morales, who was unresponsive on the dance floor. In the recovery position, a large crowd was gathered around the victim. Officers immediately attempted to create a viable workspace in order to assist the victim. However, the crowd began encroaching on officer's workspace, videotaping the
incident. Officers began to medically evaluate the victim and requested EMS while also attempting to create more space. Officers immediately observed the victim to be completely unresponsive, eyes fixed and pulseless. Officers observed vomit and spudum all over the victim, all over the face of the victim.
At this time, officers made the decision to begin chest compressions when they were approached by Princess Paul, who stated she had worked as an EMT for Trinity Ambulance in the past for 5 years and would begin chest compressions. Officers then attempted to keep the crowd back and assist Paul, who was at a higher level of medical
training. Officers went over the air for more units, a patrol supervisor, and again requested EMS with an updated status. Short while later, Boston EMS arrived on scene to evaluate the victim. Once more officers arrived on scene, officers were still unable to create a viable workspace for EMS. The Alpha 904
Sereno ultimately made the decision to remove all patrons due to the crowd not complying with officers demands to give space for Boston EMS to work. The victim's sister, Angelica Morales, and friend Maisha Jacobs were also on scene at the time. The victim was then transported to Tus Medical Center for
further evaluation. The Alpha 101, Roa, and Daniels gave a courtesy ride to Angelica, Maisha, and Chenise to Tus Medical Center. While at the hospital, officers learned from Angelica Morales and Maisha Jacobs that they had smoked prior to going to Icon, but did not
disclose what they had smoked and had a few drinks at Icon prior to the medical emergency happening. Officers also learned from them that the victim did have a heart condition, but Angelica Morales did not know exactly what the heart condition was at the time. Thank you very much. And I I do see we
have two supplemental reports authored by Secret Hernandez and Sergeant Detective Gallagher. >> Uh on Detective His report on Wednesday, December 24th, 2025, Detective Eddie Hernandez, assigned to the BPD license premise unit met with Shroke Resza,
director of operations for Icon Nightclub. Mr. resident did surrender their original 2025 city of Boston entertainment license. The mayor's office of consumer affairs in licensing had determined the establishment entertainment license would be indefinitely suspended due to the
incident that occurred on 10 I'm sorry 1221 2025 entertainment license was returned to the city. Uh the second report is mine. On 12:26 25 at 10 p.m. Saw Detective William
Gallagher and Detective Shane Finn conducted a license premise inspection of Icon at 100 Warrington Street. The inspection came about because of an incident that occurred back on 122125 at about 12:28 a.m. where a female
patron had a medical emergency inside 100 Warrington Street BPD. EMS and BFD units responded to the scene. Victim was treated on scene and transported to Pops Medical Center. BPD incident
number 252107284 details chaotic scene where patrons hampered the first responders in their attempts to render aid to the point that the patrol supervisor Sergeant Serino ordered all patrons to be moved out of
the club. In addition, the reports that the victim might have consumed alcohol and smoked prior to the entry into Icon. As a result, Sergeant Detective Gallagher issued license premise inspection notice number 05505501 to Icon for service to intoxicated
patron. Failure to supervised conduct of license premise patrons permitting the disturbance resulting in premise becoming a focal point for Boston police attention. Chapter 138 section 64. Mr. Kevin Montgomery signed for and accepted
the notice. In addition, Mr. Montgomery went over video evidence again with detectives Gallagher and Finn detailing what was occurring and answering follow questions. Those are all the reports. >> Thank you very much. Attorney Canel Hensler. Attorneys, would you like to
address the alleged incident? >> Yes. Good morning, Tyler Hensler from Upton Canal and Develin here. Uh, I have no questions for either of the officers. The events of December 21st, 2025 were
nothing short of tragedy. A woman experienced a medical emergency on Icon's dance floor during a busy Saturday night. We wish to first before we begin to extend our condolences to that woman's family. The lency has provided video footage to
the board and the facts uh aren't in dispute here. Within a minute of the occurrence of the medical emergency, the first icon security staff member uh responds and is on scene. EMS was notified uh by the Lency within 1 to 2
minutes uh of that response and within 6 minutes the Boston police are on scene at which point the situation was turned over to them. We've been called in today to provide evidence related to the alleged licensed premises violations.
Uh, here's a brief summary of the facts as seen on the video footage provided to the board. At 11:53 p.m., Miss Morales enters the premises. Miss Morales's ID is scanned prior to entering the premises at this time. At
12:22 a.m., the sister of Miss Morales alerts staff of a medical emergency on its dance floor. First to respond was Juan Rayard. At 12:23 a.m., first staff member Juan Rayard was on scene and immediately
notified security manager Kevin Montgomery, who is the director of security. Uh, CPR was being administered by another patron who was a nurse and Princess Paul at this time. Premis lights are turned on in the main room, and Kevin Montgomery arrives at
the medical emergency site. At 12:24 a.m., Kevin Montgomery notifies Boston EMS via phone, requesting medical assistance of a patron experiencing a medical episode. 2 minutes later, at 12:26 a.m., Kevin Montgomery reconted
Boston EMS via phone uh with an update on the victim, advising that the patron was not breathing and had no pulse. At 12:28 a.m., the first Boston police officer arrives on scene, quickly followed by other Boston police
officers. They are immediately brought to the patron and assist in providing medical attention along with the establishment staff. Uh the video shows that the officers were not hindered in any way on their path to the victim. Video shows staff and security helping
with making a pathway and cooperative patrons moving out of the way of the first responders. Finally, at 12:35 a.m., Boston EMS arrives on scene and they're immediately brought to the patron without delay or obstruction. Boston EMS immediately
takes over the emergency CPR from the nurse and staff members who were working on the victim due to the emergency life-saving methods. Boston EMS worked on the patron on the dance floor until they made the decision to transport the patron to Tus Medical Center at 12:45
a.m. That summary is more or less found uh verbatim in a timeline of events that I understand was submitted previously to the board uh by previous council. With that, I'd like to call as our first witness, Arik Mason. Ariek, are you with
us? You have to unmute yourself. >> I believe you're on mute currently. Hang on. I'm just ask you to unmute. >> Yes, here. >> Can you please state your full name for the record? >> Arie Mason. >> And what position do you hold at Icon?
>> I'm a bouncer. >> Bouncer. How much experience do you have as a bouncer? >> About three years. >> Okay. And is that entire time working at ICON? >> Yes. >> Okay. Were you working on the night of December 20th into the morning of
December 21st, 205? >> Yes. >> And you were checking IDs at the door this night? >> Yes. >> Other than checking IDs, what else do you look for when working the door to determine if a person will be allowed to enter the establishment or not?
>> Signs of intoxication. So that includes like their body movement, how they act, smells, etc. >> Okay. Um, did you check Miss Morales's ID that evening? >> Yes. >> And what did you observe?
>> I observed her ID was legitimate and of age and I also looked for signs of intoxications. There were no indications of intoxication though. >> Okay. Uh, thank you, Ari. I I will now call Winter Snow. >> I present.
Hi, Winter. Can you can you state your full name for the record? >> My full name is Winter Renee Barasno. >> And what position do you hold at Icon? >> I'm a bartender. >> And how much experience do you have as a bartender? >> Um, I've been bartending since I was 18.
>> Okay. And how old are you now? >> I'm 23. >> So, five years of experience. Are you tip certified? >> Yes, I am. >> And were you working on the night of December 20th into the morning of December 21st? >> Yes, I was. >> Okay. As a bartender with training and
experience, what when taking someone's drink order, what do you look for before you serve a patron? >> I always look for signs of intoxication. Um that being slurred speech, glossed eyes, um any incoherence. I always look
for those before serving people. I have a drink with some of my regulars. Like this is my joke with some of my regulars. I make sure everyone is very sober. >> Okay. Um, did you serve Miss Morales that night? >> I did. She was in a group of uh three
other women with her. It was a group of four of them. >> Okay. And was she or any of the members of that group displaying any signs of intoxication? >> No, not at all. >> Okay. And how many drinks did you serve Miss Morales in total that night?
>> Um, she only approached my bar one time with her group. Um, and she only received one drink from me. Okay. And do you remember what that drink was? >> Um, I believe it was a tequila Red Bull. >> Okay. Thank you. Um, I will now call Juan Rayard.
>> Juan, are you with us? >> Yes. >> Great. Juan, can you state your full name for the record? >> One. >> And what position do you hold at Icon? >> Bouncer. >> Okay. And how much experience do you
have? >> One, two. What was that? >> Two years. >> Two years. >> Yeah. >> And were you working on the night of December 20th into the morning of December 21st, 2025? >> Icon floor. >> You were working on the floor? >> Yes.
>> Okay. And what did you see that night? >> Uh, I was next to the booth when I see the crowd waving. So I assume it was a fight. When I went over, I saw a female patron on on the floor. First thing I do,
>> I not I send another bouncer with my co which is my corker to notice uh the head of security Kevin. >> Okay. >> And that is like less than one minute he come over and by
this time try to clear the floor because some patronons it's like they were like try to see to to notice what happened but you know. >> Okay. So, Juan, were were you the first to respond to this area of the emergency?
>> Yes. >> Okay. And how quickly were you able to get over to that area after seeing uh the crowd waving? >> Uh second. >> Okay. >> Like three seconds. And and then as you you just said, just to clarify, you
after getting over there and seeing a patron on the floor, you had another security member go find Kevin, the head of security. >> Yes. >> Okay. Thank you, Juan. Uh I'll now call Kevin Montgomery, the head of security.
>> Morning. Morning, Ward. >> Morning, Kevin. Can you please just state your full name for the record? >> Kevin Montgomery. >> Great. And what position do you hold at Icon? >> Uh, director of security. >> And how long have you held that position? >> I've held that position for over six years.
>> Okay. And how much experience do you have in the security industry? >> Uh, I've worked for the club for 20 years. I also have about 20 years experience working for Department of Youth Services. So, >> okay. >> Couple of couple of decades. And were
you working at the premises on the night of December 20th to the morning of December 21st, 2025? >> Yes. >> Can you describe how you first learned of the medical emergency that occurred that night? >> Uh I was at the front door where I usually stand uh just monitoring the
flow of traffic coming in and one of my security personnel came and notified me that there was a medical emergency on the floor. >> Okay. And then in your own words, walk me through what happened next. >> After that, I walked in uh seeing where the emergency was, kind of checked out
the situation, seen that there was a patron down because it was already a patron down. I immediately called 911. That's my first response to it. So, I had to walk back outside. So, because it was still loud at that point, uh went into the lobby, called 911. Well, actually, I called the uh ambulance line
directly for Boston EMS. And then I came back inside and kind of evaluated the situation and tried to to see what was going on. After that, um, we kind of just like try to because the family members are so concerned about her condition, they would like kind of figure out whether she had had a seizure
or she had just passed out due to some other reason, you know, and then it it it just became a little bit chaotic simply because of the pressure that was applied. but for everybody at that point. So, at that point, I kind of really got in there and um took took vital signs, see if she was breathing,
took her pulse, realized that she wasn't breathing, had no pulse at that point. That's when I called I went to update her grade from a patron down to a patron that has no pulse, no not breathing. >> Okay. And and when you stepped out to make that second call to EMS, did you
leave the patron alone? >> No. Well, well, for the second call for the EMS, I have Zoxy over the PA patron when when that happened, but I never left a a patron alone at all. There was always at least four security there at that time. >> Okay. And
after you made the call to EMS, was there uh a period where someone in the crowd uh was an offduty EMS or nurse and and performed C CPR? >> Yeah, there were several patients that if you look at the video, there's several patrons that did uh perform uh
chest compressions and CPR. So yeah, there there was people there. >> Okay. And uh then police and EMS arrived on scene. >> Yes. >> How long after you make the call did the first first responders arrive? >> I think the first first responders
arrived probably six minutes after I made the first initial call and then a couple of minutes after that then everybody else started to arrive. >> Okay. And and at this point, >> attorney attorney Hella really I I don't I don't want to step on your uh examination here, but I what I just need
to know um and I don't want to forget because it's I know this is going to go on. Um Mr. Montgomery that you when you made that second call, you were over the victim. Was the music off at that time? Um, I would imagine so because there might have been some background music from the secondary room, but in the main room, I
believe the music was off at that point because I was able to make the phone call and upgrade. >> All right. Do you recall the music being off or you guessing the music off? >> I'm assuming there were music off. I can't I can't really recall whether it was not simply because the timing of the situation. >> Okay. Thank you. I'm sorry. >> Yep.
>> Totally fine. Um, that was my next question. At this point when when police and EMS arrive, Kevin, uh the house lights are on and music is off in this room. >> Uh yes, the the house lights aren't on but the music's off at that point. We still had the focus of the white light
in the in the actual scene. So it was like a spotlight down on at the scene and then there was still like the flashing lights on, but it was still it was definitely illuminated at that point. >> Okay. >> Then then later on like the total Hawk lights, all the white lights came on.
>> Okay. And was the crowd impeding either Boston police or EMS way >> to the to the scene? >> No, absolutely not. My security did a tremendous job of clearing a a really good path for every all the emergency personnel to get to the patient at that
point. Did we lose silent? >> I believe attorney Hensler may have frozen just in this brief moment. I just want to pipe in for a second at his rejoining from the waiting room. Um, Attorney Killis, I've seen you raise your hand a couple times. You will have uh an opportunity to ask questions following all of the the testimony from
the Lency. So, do not worry. We'll you will have an opportunity to ask questions. So, uh, Attorney Hzer, thank you for rejoining. >> Yes. Apologies. I don't know what happened there. Um, just get back to where I was. Uh so Kevin
uh crowd was not impeding what what happened next? >> Uh after after uh Boston police and EMTs came, they kind of rendered rendered assistance to her, made her stable enough to transport the toughs. They took her out out in the stretcher uh and put in an ambulance, worked on her for a
while there, and then transported her to Tus. >> Okay. Um, and did you wait to shut down and evacuate the the premises to avoid everyone leaving at the same time and blocking
entre and means of eress? >> Yes, that that was exactly my plan because if I told everybody to leave at that point, then you're going to have people standing outside, people standing in the lobby, and it's also creating a bottleneck effect when you're coming to the doors. So, it would be impossible for somebody to kind of cleanly get through.
>> Okay. Um, in your follow-up investigation, did you assist in the preparation of a timeline of events? >> Yes, I did. >> Okay. And that timeline was submitted to the board previously. >> Yes, it was.
>> Okay. Kevin, that's all I have for you. Um, I'll now call Michael Talbot. >> Mr. Mr. Talba, can you please state your full name for the record? >> Michael Talbot. >> And can you describe for me your experience with the safety and security
at licensed premises? >> I uh retired two years ago from Boston police, retiring as a siden detective. I had been employed by the uh police department for 34 years, a majority of which was spent as a detective and siden
detective. Um the past uh the last 12 years of my career were spent at area A1 uh which is includes downtown Boston and the establishments down there. >> Okay. And you are currently a security consultant as well as a licensed premises operator yourself. Is that
correct? >> Correct. >> Okay. And you were retained by the lency after the medical emergency that occurred on December 21st, 2025. Correct. I was contacted to consult on security protocols and to uh assist the board and the police with the
investigation, make sure that they had all the adequate uh timeline and videos and that um all the employees were interviewed and available uh for any questions that they may have. >> Okay. So, you did you assist in the preparation of a timeline of events that
was submitted to the board? >> Yes, that's correct. myself and Kevin Montgomery. >> And were you also hired to update any procedures to to review the the emergency procedures that the that
the Lency had? >> That's correct. Um first and foremost was to gather all the evidence that would be needed to be turned over and cooperate with the police in the city. Uh secondly, we did a uh we're in the process of doing an afteraction report to identify any type of protocols that
should be in place in the future uh to make sure that if this ever is to occur again, what we can do uh to uh make sure it's a smooth uh operation. Uh this uh clearly was a chaotic situation in and uh traumatic but uh the procedures in
place were were there but we could make it better on the investigation side uh with some changes to the equipment uh mostly the video um as well as protocol as in response uh with CPR training.
>> Okay. And and could you be more specific? Which changes did you did you recommend >> uh right away? Um when uh putting together the timeline of events, we identified that the security system uh actually uh video system operates on six
different DVRs. Uh those DVRs are independent of each other and so there's a different time, date, and stamp on each camera. Uh so there wasn't a a complete um timeline that made sure everything was on the same time so uh the investigators could look at it and
identify it. Uh secondly, we identified that there was no alpha listing for each camera that was there. So the um so it made it more difficult to identify every camera that was available. So we put protocols in place to identify them, put
an alpha listing together. Um, we have not changed the timeline yet uh on the cameras because we wanted to wait to the hearing before the board, but as soon as this is over, we're going to go to a 24-hour military time and we're going to have an alpha listening to coincide with
all the cameras. >> Okay, thank you. That's all I have. So, there are three alleged violations in front of the board today. First is service to an intoxicated
person. The board will see in the video and as described in the testimony that uh the patron in question exhibited no signs of intoxication during the half hour or so that she was on the premises. Neither the lency staff nor security
observed any signs of intoxication either entering the premises uh while ordering a drink or while she was on the dance floor. She was served one drink and was the only on the premises for about 30 minutes before the medical
emergency occurred. There's therefore no evidence that a violation for service to an an intoxicated person occurred. Next are alleged violations for failure to supervise conduct of a crowd and permitting a disturbance resulting in a
licensed premises becoming a focal point for police attention. Icon staff and security reacted to what can only be described as a catastrophe, a medical emergency in a busy nightclub. Uh with all necessary speed and
professionalism, the board has video footage that shows this. Within a minute of the first signs of a medical emergency, the first security staff arrived in the area to help. They then called EMS and later upgraded the call when they checked the patron's
breathing. Within six minutes, police arrived, followed by EMS. The video shows their work was not impeded. Icon also hired a security consultant in the aftermath to see if they could be doing anything better in their procedures, which shows that the company is always trying to enhance
their security to provide a safe space for the public. There is therefore no evidence that the lences conduct constituted a violation of either chapter 138 section 64 or board rules 109A and 109E uh as they supervised its crowd
appropriately and responded to the emergency with all due haste. With that we're happy to take any questions that the board has. Thank you. >> Thank you attorney Hansler. I just before we move to questions I just want to make sure we uh have heard from everyone uh on behalf of the lency. I know that uh Mr. Resza was also on and
wanted to provide testimony. Mr. Resza, are are you still with us? And was there anything? >> I don't uh attorney Green, I don't think we need Mr. Resza. He was uh only a potential witness for one issue that hasn't come up. So, >> okay. Mr. Res will not be testifying in that case. Um Chairman Joyce and
commissioners, um would you like to ask questions of the lency at this time? Would you like to wait until after we've heard from the uh additional witnesses? Uh >> I do have some questions I'd just like to ask before we move on. First, I'd like to say um to the family, this is an awful tragedy. We're very sorry this
happened at one of our licensed premises. And to um the license premise, um thank you for getting us all of the video video that you have um very quickly. I've had an opportunity to review it several times.
I just have a couple of questions based on um something Mr. Montgomery said and um and one other question um how I think it was Juan who said he had another
employee notify Kevin. Do you guys wear earpieces or was this um did he physically go over and tell you Kevin that he had to >> physically >> physically >> physically >> um in your security and operations plan which you did submit to the board. It
does say that some that there are earpieces used or is that um for managers? >> Yeah, not everybody would have not everybody would have an earpiece simply because it's just too loud to hear inside the club. >> Okay, that's what I was wondering. Okay.
Um, and then Kevin, you said you called the ambulance direct line. Can you tell me a little bit more about that? >> Yeah. >> So, 911 has this is broken up into the fire, police, and the ambulances is all in the same 911 uh area. But if there's direct line that that bypasses the the
uh the fire and the police, it goes directly to a medical emergency. So, I know I can kind of bypass that little I've always used that to bypass that little period of time to just try to quicken things up to let them know it is a medical emergency. Okay. So, you called that number because it was quicker than going straight forward to >> Yes.
>> Uh 911. Okay. And then the second call was um right after that, couple minutes after that. >> Yes. Couple of minutes after that when I actually could the music might have been off at that point. So, I can actually hear the lack of breathing and the lack of pulse. Yes.
>> Okay. Um let's see. I I do have one question about the video that I watched and I think I know the answer, but to get on the record, the gentleman wearing I think a black blazer and white hair. Is that Mr. Resza? >> Uh, no. That's uh
>> who's who you can see him outside waiting for the ambulances, but you can also see him directly at the scene at one point. >> That's one of that's one of our floor managers talking. >> Okay. I think is who I'm remembering. He did go outside and waited for the ambulance
to show up. >> Yes. >> Okay. Um, how many staff did you have on that evening? >> 14. >> 14. >> I'm sorry. Uh, Mr. Montgomery, was it 14 staff or 14 security people? >> No, 14 security.
>> Okay, that's that's a question I want on my security. 14 security. >> If I'm not mistaken, there's two rooms here. Yes. >> And did this happen? Which room did this happen in? >> This happened in the main room. >> Okay. Um,
>> and and do you know what the capacity was this night? >> Uh, well, the capacity is always going to be 481. We probably had about 370 at the time. >> Okay, that's the question I want. 370. >> Thank you. Uh, Commissioner Curran and Commissioner Saxon, do you have questions?
Not at this time. Thank you, >> Commissioner Sax. Any questions at this time? >> Sorry, I think that's saying you're good. >> Hang on. >> Thank you. Um I'm sorry. I I just wanted to confirm. Is that 370 or 480 in the
main room or in the entire establishment? par establishment. >> What is do you is the is there a breakdown? Is there a specific capacity for the main room? >> Um basically we try if it's going to be at that point we'll probably try to break it down 2/3 to 1/3. That's usually
kind of the ratio. >> Okay. And was it so was that main room like at capacity? >> No, because it was going back. No, people were going back and forth. So the so the flow was kind of fluent. >> Okay. Thank you.
Thank you, Attorney Cahalis. I know you have a number of witnesses you'd like to present. I also want to give you an opportunity to ask any questions of the witnesses who have testified thus far. >> Okay. Uh I have a general question to ask. I'm by the way, I'm Howard Cahalis and I am representing the family. Uh since Mr. Montgomery really wasn't sure
whether the music is on or off, is there a witness here today who can tell us who told the DJ to continue the show the show goes on and to put back the music at the time this whole incident was going back? Is there somebody here that can testify uh to that that can tell us?
>> Uh Chairman Joyce, could I be heard on this for a moment? >> Sure. >> Uh you know, we have expressed our condolences to the family and we appreciate it was a medical emergency that had really nothing to do with us. Uh but having an attorney ask these
witnesses sort of discovery like questions when they're intending to probably file a civil suit later will where they will have ample opportunity to take depositions I think would be the better forum. >> No, excuse me. I I I hate to interrupt
you, Mr. Canel, but I'm asking a question. Mr. Montgomery was not sure whether the music was on or off. Is there one of your witnesses that can testify who gave the order to continue the music to the disarchy?
>> There's been no testimony, attorney. >> I know. I'm asking, >> but there was testimony. There's >> there's been no testimony that anybody was given an order to do anything. I'm asking the question if attorney is your attorney Kalis is your question
regarding um when the music was turned off before >> it wasn't turned off. It was ordered to be turned on. >> Well, I think we're talking about two different things. If you watch the video while um EMS and people are trying to
help the um you can see people stop dancing right away. So, I believe I'm just going to jump in here for a minute. I think we're talking about two different things. Um, I think music was turned off then because the because people have stopped dancing, but there
have been uh reports in the news that the bar reopened afterwards at the direction of Boston police, which we're not getting to right now. I just want to talk about what happened on the >> I am talking about that, Michelle. I am talking about that the music was they
were told to put the music on while the person was down. We have contradictory video on this. My my clients have testimony that they're going to give to you right now contradicting the fact that they they >> Okay, we'll get we'll get to we will get
to your definitely we want to hear from the family. So, we'll have an opportunity >> and I have another question too cuz the testimony was that the the there was access to the victim on the floor. I sort of read in the police report that
they had a very hard time getting access to her that the crowd was hovering around and the Boston police officers who responded were having a very tough time controlling the crowd and they were impeding the the uh um
>> ability to to help her. That's all said and we do have contradictory video and my clients are right here willing to not only testify but to show that video. >> Great. We and we will we are happy to hear that testimony. >> Yeah. I don't really have any more
questions other than those two because it was, you know, unclear to me from the testimony that uh there was access to her and it didn't seem like the police thought there was access to her. And the second thing is I and I'm not talking about the the press opening afterwards.
I'm talking about while it was going on, it was a text message that we have to the DJ that says put the music back on while she's on the ground. >> That is not something that has been submitted to the board at this time. >> Right. But she has it here today.
>> Thank you. So we we will hear um the testimony of the witnesses who are here today. >> She will not I don't think >> I think she needs to testify. >> Yeah. I think yeah, we we'd like I wasn't here obviously and I've come in late and I'm trying to get all the facts in a in in the last hour while you were
on other hearings, but uh this young lady has a lot of information for the you you need to identify yourself. >> Hi, my name is Angelica Morales, Anastasia Morales older sister who was there at the time.
Um, so I have photos of timestamps, you know, since they don't have the direct timestamps. Um, when we got to the club, when we took pictures in the club's bathroom and when my sister collapsed on the floor, I have a 8 minute and 23
second video that proves otherwise that everything that they say is false. That's one. two, they say they immediately responded to the situation. They did not. My friend Chenise ran outside, got
the police, and came back in. I maybe a minute after she fell, after I seen that she had, she wasn't having a seizure, she was limp. I ran to the DJ booth, literally bombarded everybody that was in my way to get to the DJ booth, told them to cut
the music off. On my way back, the music was cut off for a minute or two, maybe less, and they cut the music back on. That's when I again ran to the DJ booth for the second time to tell them to cut it off. Couldn't make it the second time because it was so crowded in that
corner. And I just decided my sister needs me. So, I ran back to my sister still with random people trying to help her. Um, Kevin was on the scene. Honestly, I didn't see him at the moment, but when I
went and re re-watched my eight minute video, I did notice him. I don't see him helping me at all. At the protest, he pointed at me and told me he was the one who helped me. This man didn't help me at all. Matter of fact, nobody in that establishment helped me but my friends.
>> I have the Do I play it here? >> I don't know. You have to ask them. >> Do I play the video here or do I send it in? >> It would have to be submitted to the board. So, you can send that either to a licensing board at boston.gov. If it's too large to be sent directly, you can uh it can be submitted on a thumb drive to our office. Um, make sure it's
submitted directly to the the board. >> Okay. One more thing. >> Of course, >> I have the text messages that the actually I have a message that the DJ wrote me on messenger, Facebook Messenger. Can I read it?
>> I would object. I mean, there's some basic hearsay issues here. >> Um, Miss Morales, >> totem pole hearsay as the ABCC calls it. >> Thanks. Um, attorney Cahalis, if your clients could
gather all this information and send it to the board for us to consider, that would be a lot more helpful for us. >> Okay. >> Yeah. >> So that we could take a look at it look at all of it together. >> Okay. Now that we've heard everything from from the other side, I'll explain
to them what they have to do. >> Thank you. >> Sure. >> So again, this is not a um >> I know >> a type we're not a I'm not a judge. This is not a courtroom. I'm just a regulator >> and um my fellow commissioners and I are
trying to review >> everything that's been submitted to us. So we would like to take into consideration everything that you have as well. >> If we could get that today, that would be very helpful. Does she need to testify? She's not. >> We got everybody. >> Attorney and Miss Morales, Miss
Jacobson, any additional testimony you would like to provide to the board about the incident that occurred. >> I'm I'm sorry, Miss She was talking my >> Sorry. Go. What did you say? >> I was just asking if any of these witnesses have any additional testimony you would like for the board to
Monttero. She's on the screen. >> Absolutely. Yes, Montto. Um, so the first thing that I have to say, um, is that, um, um, I do remember that when when she was on the floor, I remember seeing a security guard and I grabbed him and I
said, "Can you call 911?" He says, "91 has already been called." So, I'm not sure. I'm not going to give you guys times because I have no idea. I didn't have a stopwatch with me. But probably like a minute or two after that, it was
a chaotic scene. So, I seen that no cops was like nobody was helping. Everybody was It was kind of like a mosh pit. That's that's like the only way that I can kind of like get you guys to understand that there was like a mosh pit. There was too much people behind us and there was only a circle of
her on the floor and us around her. So, um after the music um after the music was turned off, they turned it back on probably less than a minute. And then I proceeded to go to the DJ. Well, I I proceeded to go to who I believe is Omar. I'm not sure. And then I grabbed him and I said, "Can you tell them to
shut off the music?" And he said, "We're trying to. We're trying to." So, and also um about the phone call to the police. Um I'm not sure. Uh well, obviously I'm I'm not going to It's hearsay. So, um on my end, there was no
cops for about a couple minutes. So, I ran outside in panic. As I ran outside, I seen patrol cars like inching to the front, but they wasn't it doesn't it didn't look like they was stopping. So, I ran out and then I flagged the police
down and I said, "Hey, can you guys help? Like, what? You guys didn't get a call?" And the police says they never got a call. So, they never got a call. There's no type of There was no call on the radio that's saying that there's a person collapsed on the floor. And the
original call, I guess it was like a an unknown emergency. So, it wasn't a call that was basically saying there's a lady on the floor and it's life-threatening. There was no type of urgency. There was no urgency call. And also another thing
that was weird that um once we once we I struggled to get outside, by the way, there was no clear like I struggled to get outside. Once I got outside, everybody was still partying. There was no type of urgency. Nobody stopped. Nobody was like trying to figure out
what's going on. Everybody was partying. And then once I got the police and he came inside, that's when the the security guard decided to make a way once the police officer was there. >> Thank you. I just want to clarify my
notes. Um Kevin, you testified that your first phone call was to the direct ambulance line. >> Yes. And then your second phone call was to 911 once you realized the status of the victim had changed. >> No, it was back to the emergency
ambulance line. >> To the emergency ambulance line. Okay. Um and so that does not get rooted through the the um normal 911, >> right? No, it's a direct line to the ambulance. >> And I believe your attorney dropped off
your call log from your phone. >> Yes. >> So we do And you have that number because in your experience, you've worked with them before. Is that right? >> Yes. >> Yes. >> And that is in your professional opinion the fastest way to get a response. >> Yes, it is >> right.
>> Okay. >> Um, thank you. >> That's all I have. >> Miss Monto, was there additional I don't know if you had had more you wanted to provide to the board. Uh basic um basically I'm just I'm just refuting
when they're saying that they're you know that there was a clear like I when the cops came it's this all on body camera. I'm not just saying this to say this. Everything is on body camera. Me going to the car flagging them down them coming inside. The scene was so chaotic. I don't know why they're making it seem
as that that it was so contained and they made sure she was stable. This is all incorrect because when the police came, she was her eyes was fixed. She was unresponsive and she didn't have any pulse. So, I'm not sure how he's saying that there was they was making sure she was stabilized before she left. She
never was stabilized. But, um anyways, also um when the police came cuz they was behind me, I was basically showing them where the body like where she was. When that when when that happened, they was so like overwhelmed because there was only two cops with me as as I told
you the patrol car. So, it wasn't like multiple police. Um, I asked the cops, I said, "Can you clear the scene? Can you secure the scene?" And he just looked at me and he says, "I can try, but there's like a lot of stuff going on." All that would also be on body camera as well.
Thank you. That's all. >> Thank you. Um, attorney Cahalis, is there anything additional you would like to add before we move to questions from the board? >> I do not, and I don't think the witnesses have anything. >> Thank you. Following all of this testimony, we'll see if there are any uh
any questions from the board at this time. Chairman Joyce, >> um, someone you're going to forward us your messages or something? >> Yes, >> she's got it. >> Yeah, it sounds like there's a video and some screenshots of text messages. going
to do it online, >> right? >> Figured out. >> You You gave her the online to send it to, correct? >> Yes. It's just licensing boardboston.gov. It's all one word. Licensing >> licensing board at boston.gov. Licensing board at Boston.gov. >> As soon as received, I'll make sure it's
shared with all the commissioners here. >> Thank you very much. >> Thank you. >> Licensing board at boston.gov. >> I I don't have any other questions. Uh Chairman Joyce, if I just may add one last uh as we expressed earlier, you
know, this is a very rare occasion where somebody has a medical condition like this and you know, falls to the floor on a crowded dance floor. Um we appreciate the family's anguish, but this really had nothing to do with us. We don't know
the actual cause of death. Uh but it you know this person had one drink in a half hour and all the records including the police report showed that the police arrived at 12:28 which is essentially 6 minutes from the
time that she hit the floor or fell to the floor. So uh she was probably lucky to be in a licensed premise at the time. If that had happened on a subway platform or somewhere like that, she would have been would have been a lot longer.
>> So, the the the authorities did a great job of getting there. We provided all the assistance we could >> and we're sorry for for their loss, but uh we don't think this constitutes any violation >> of chapter 138 or the local rules and we
would request to find no violation. And we would also request to the degree this covers the entertainment license that the entertainment license be reinstated to work with. >> Thank you, Attorney Canel. I do just want to make sure that uh Commissioner current Commissioner Saxon have the ability to ask any additional questions
that they may have. Um I don't know if we've gotten there any additional questions from from the board. Um, can a witness from the LE um address the facts of the music either
being shut off and turned back on or not? Or what did the Anyone can speak to that? And then when the full like when I watch the video, it it seems to be in night mode for a long time and then it comes to full color, which I assume is
when the full white house lights come up. Is that a correct assumption? >> So that that moment when I see the color change, that's when the actual full house lights come up. >> Yes. >> Okay. So that was that's one of my questions. And my other question is can
anyone if possible speak to this music issue of going up, coming off or not, whatever it whatever happened. My best recollection is that is um it kind of went off and then but you can also tell by the movement of the crowd that everybody stopped dancing. So
that's kind of a good indication of when the music went on and off. >> So was it is it your recollection at all that the music did go off and on off and then back on? >> No. So what it was there's also music in the back room too that never really got turned off because they really wasn't
aware of the situation in the main room. So that must might have been something that people were hearing in the background assuming that was still like people were still playing music but that wasn't the case. >> Are there any further questions from the board? >> I just have one. It's just a request to
the um the victim's uh attorney if you can try to put together a timeline based on the cell phone. >> Yeah, that's what we're going to try to do. >> But they don't seem to have a good timeline. You're correct. Yes, we'll do our best. >> Can we get the video? >> Thank you. Yes.
>> She Can she ask you a question? >> Um when can we see the video for ourselves? The club video. >> Yes, if you could get us your contact information. We'll make sure that both sides have all the information that that the board has received. Um, if you could just send me the best contact
information for you, maybe it's through your attorney. Um, we'll figure out the best way to to make sure that you you have access to that. >> Yeah, because we have not watched that video. >> Understood. So, uh, attorney, >> can I say can I say one more thing? >> I'm not the only attorney in the room
representing the family. It's, uh, I'd like to introduce two others. It's Connie Guerrero. G U E R R I E R O and attorney Lisa Arensson. A R O N S O N. They have been observing this whole
hearing and they are actually uh representing the family as well. >> I'm Connie Governor and I'm Lisa Aronson. >> Thank you. Thank you for being here and again uh to all of the family. First of all, we we all want to express our deepest condolences to the family and
the friends for what happened. Um, if you could please uh just send us all of the information you would like the board to consider uh regarding the incident, which could be the videos that were referenced, screenshots, any sort of narrative uh timeline that will help the board figure out what it is you are
asking the board to consider. We'll make sure that the license premise has access to access to that as well. So, everyone is dealing from the same set of facts and uh evidence that has been submitted. >> Thank you very much. >> Thank you. >> Thank you. Are there any final questions
from uh the board before we close? With that uh the board will take this matter under advisor. Thank you. Thank you so much. Thank you. Thank you very much. This hearing is adjourned. Thank you.