good morning thank you all for joining we'll get started in just a moment as folks clear the waiting room as a reminder when you are entering from the waiting room please do remain onute 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 February 25th 2025 today's hearing is being held pursuant to Temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the
city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce good morning my name is Kathleen Joyce I'm chair of the Boston licensing board and today I'm also joined by commissioner Tiana Saxon and
commissioner Liam Karen thank you please ensure that your audio and visuals are working properly if you will be providing testimony before the board I will call each item in the order that it appears on this morning's agenda I will then ask who is present on behalf of the ly who is
present on behalf of the Boston Police Department and whether there are any other individuals with firsthand knowledge of the alleged incident who wish to testify I will then swear in all parties after that the police report will be read into the record and the leny or their opportun or the representative will have the opportunity to make a
brief statement followed by questions by the chair and Commissioners all testimony will be limited only to those individuals with firsthand personal knowledge of the alleged incident you want the first item on this morning's agenda calling item number one lcy Inc doing business as
Jade Garden restaurant located at 18 20 Tyler Street date of the incident October 21st 2024 Sal and Battery employee on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A and assault to battery Patron on
employee in violation of Mass General loss chapter 138 section 64 and chapter 265 section 13A who's present on behalf of the LC e my name is Peter last name is C CEO is it Peter cow yes sir great thank
you very much and um who was with you go JY j i n g CE last name W sorry what was the last name
W Wen yep okay jingi jingy W yep thank you very much who is pres on behalf of the Boston Police Department detective Walsh thank you detective Walsh are there any other individuals with firstand knowledge of the alleged incident who wish to testify this
morning can you all please raise your right hand thank you Mr W if I could see your right hand as well great do you swear to tell the truth the whole truth and nothing but the truth yes yes thank you detective Walsh if you could please read the police report into
the record for the board about 2:36 amm on Monday 10224 officers Ramirez and desmar responded to a call for an assault and battery in progress outside 18 by Jade Garden
restaurant upon arrival officers made contact with victims Nisha Wallace and Kiara King the victims Wallace and King stated that while ding in at Jade Garden they they had who they described as an
unknown white male sit with them to eat victim stated that they did not know the white male but that he had identified himself as quote Jamie victims stated that they had only allowed Jamie to sit with them after he agreed to pay the entirety of the tab victim stated that the restaurant staff had claimed to know
jimie victim victim stated that once Jamie finished eating he began to act as if he was not going to pay the tab sorry victims stated that they were held by staff inside the restaurant despite their ATT to leave while staff was
inside the restaurant demanded for the tab to be paid Jamie was not on scene until upon a police arrival victim stated that a group of restaurant staff jumped and beat them even chasing them out of the restaurant and down the street in order
to continuously assault them victims alleged to have been strangled by restaurant staff King appeared to have severe bruising to her left forearm purple in color along with what appeared to be freshly scrap on her lower left hip both victims appeared to be under
significant distress King stated that while being beaten by staff outside the restaurant she attempted to utilize her saber red pepper spray however stated that the PE pepper spray failed to deploy or spray officers made contact
with the restaurant staff suspects who stated that Wallace and King had attempted to leave the restaurant without paying staff stated that Wallace had initially assaulted D way at the door while attempting to exit the
restaurant the ambulance a15 responded on scene to evaluate the victims victims were provided with a report number and notified that detectives would contact them about on 1026 2024 about 1: a.m detective Walsh just due to licensed
premise violation relation to an Assa battery incident that occurred on 10224 about 2:30 a.m. employee Jing Zen did cooperate and sign for the inspection video evidence was gathered and that is all I have at this time thank you very much uh Mr Cow Mr
when would you like to address the alleged incident oh hi how are you so the uh situation that uh the customer uh refused to pay for the bill and then our staff just try to not tell her to pay for the bill and um and uh because they
were uh sting together as a party and uh and the the two the two ladies said that uh the guy supposed to pay for the bill but the guy said no no no I'm not going to pay for their bill and then our staff try to tell them hey you have to pay for the bill we can't
leave and and I I uh I believe that we have video so that our staff did not did not uh assault the uh the the two victims thank you is there anything further you would like to add before
questions from the board yeah uh I uh we provided after this incident that uh we uh provide further training to the staff if this situation happens again and we will not uh we will just let the customer go if they refuse to pay the bill and we will not try to uh stop them
not not paying the bill you know and then it's is something that uh we have to prove on and uh we will do further training on uh on the situation if happens again thank you with that we will see if there are any questions from the board at this time uh chairman Joyce any
questions detective W do you have video from that night I do yes could you forward that to the board for us to review uh yes I believe the board should have it is that what was dropped off to Danny's desk there's a like a 30 second
un undated Tik Tok video is what we have is that the video you referring to oh okay no I did load it onto a USB and and it was supposed to be delivered but I will I will follow up make sure another copy delivered okay we might have it um have you reviewed it detective Walsh I
have yes is there uh was there any signs of an assault by employees on patrons no it wasn't an assault but there was definitely some holding of the door and when the the parties involved
that were trying to exit the restaurant became the staff did uh attempt to hold the door shut but then eventually the parties were were able to exit so there wasn't any punch it was more just trying
to thank you my next questions for J Garden did you know who this um man was at sat down on the table with these two patrons uh no we
don't okay um did you see Y how how many um people were in there at this time of night uh good let me ask the staff that work that [Music] day okay yep not that busy only couple
tables that night and so did you see this gentleman sit down with this party and order food and eat with them and then leave yeah yes okay had no time um so tell me what happened like did the bill come and the man had
already left or what happen yes the when the bill comes that uh basically the the the two lady party said that oh I'm not paying the bill because that man said they're going to pay for their dinner and uh and but as a man to pay the man said no no no I'm not paying for the
dinner and said I think that uh the two ladies order Lobster order shrimp and Order other dishes too I guess when the guy saw the bill said that oh you know I only order craft for myself I did not order Lobster did not order shrimp for that night for himself
okay all right uh commissioner Saxon or commissioner Ken you have any questions no I'll just wait on the video thank you no questions for now thank you thank you with that the board we'll take this matter under advisement thank you
all calling item number two Park 54 Restaurant Group LLC doing business as Park 54 Restaurant and Lounge located 81 Fairmount AV in Hyde Park date of the incident June 28 2024 serving an intoxicated person in violation of Mass general laws chapter 138 section 69 who
pres on behalf of the LC e uh Tasha Hall I'm the owner thank you Miss Hall who is present on behalf of the Boston Police Department Sergeant detective Eric kuss from area E18 great thank you very much Sergeant
detective is it possible to turn your camera on so that we can swear you in um I apologize I this is a long time since I've been on a a hearing and I don't have a camera on this computer I would log off and click on my try to get my cell phone up
but uh thank you chairman Joyce will you accept if the subject detective can affirm to us that he raising his right hand when asked to do so you are yeah are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning great can you all please raise
your right hand and Sergeant active CR if you could please affirm to the board you were doing so I am do you swear to tell the truth the whole truth and nothing but the truth I do thank you s if you could please read the police report to the record for the board yes
sir so at about 1:13 a.m. on Friday June 28th office clementin Brown responded to the radio call for a problem in the area 51 excuse me 5 F onav in High Park upon arrival the officer spoke with the caller who wished to remain anonymous
the caller stated that she observed uh the Victor the victim later identified as Brandy Wilkinson walking towards the Rockland Trust Bank from the direction of Davidson street with her pants down the caller stated that the victim was
alone and was in toxicated the caller stated that she later observed the victim sitting next to a blue Kia Optima with her pants down and the call stated that she approached the victim and offered her help officer observed the victim to be intoxicated and she
possibly urinated on herself officers asked the victim if she fell or hit her head to which she said no the victim reiterated that she came from the park 54 and that someone would have helped her if she needed help officers advised
Boston EMS um to which she declined officers did not observe any visible injuries to the victim's body it should be noted that while offices were on scene the victim's husband later identified as Armando robes called her
phone multiple times officers did answer the phone and asked Mr roaz if he could come pick her up Mr roaz arrived in a black Honda and picked up the victim the victim's blue Kia was left in the Rockland trust parking lot for the
night that is all thank you sge detective we have a supplemental report as well I don't know if you're planning on bringing that in sure on June 30th 2024 about 800m myself
Sergeant detective kuss and detective John Harrington arrived at the park 54 at 81 F on Aven High Park to issue a license premise violation the owner Tasha Hall was present Miss H stated the intoxicated woman was never allowed into the business Miss Hall attempted to show
us the security video but was unable to locate the footage of the intoxicated person at this time Sergeant detective K suggested that she preserved the video from one hour back of the time of the incident Miss Miss Hall refused to accept the violation and stated that we
were racist the violation notice for serving an intoxicated person was left with the bartender thank you very much Miss Hol would you like to address the alleged incident yes um
so this woman um that there so first of all on the 29th a detective came by I don't remember his name um so the day the day following the incident on the 29th and asked this for video footage of a Caucasian woman that came into the
restaurant we reviewed video footage looking for a Caucasian woman with a detective who came in on the 29th and there was no woman with that description that had tried to enter the restaurant the following day uh on the 30th this is when the other two detectives came in um
and asked to review the footage I explained to them that the day before another detective came by and asked for a Caucasian woman at this point they said it was a light-skinned woman and she was wearing a different color shirt than what the first detective came by the day before said she was wearing a
white shirt and so when they came in I'm like you know I sat with them it was actually my birthday day and we were going through you know I was having a party so I stopped the party I went in I sat with them and I showed them the footage when they they kept asking me to go back an hour before and I'm like I
did this yesterday with the other officer at this point you guys don't even know the proper description of the person that we're looking for Park 54 is very busy and there were a lot of people there was um on the night of the Thursday night which would have
technically been the 27th not the 28th at 1:00 in the morning but on that night where uh three women tried to get into the restaurant but it was after 12:30 and security told them that they could not come in it wasn't because they were intoxicated but because we had already
closed the doors for the night um and those women went back towards that area um so I'm not sure if the people in question are those same people because the description from both detectives on two separate days were completely inaccurate so I mean till this day I
still don't know what I'm looking for on the camera because both detectives that came in separate days gave us different descriptions of what they were looking for great anything else you'd like to add before we move to questions from the board no great and in that case we'll see if there are any questions I'm
starting with chairwoman Joyce I do have some questions um Sant detective would you characterize the staff including Miss all uh cooperative upon the date that I responded there to
wish the violation I'd say she started off being cooperative um and then she she clearly was aggravated uh there was a birthday party going on it was very loud upstairs it was very difficult to try to accomplish this Tas during these conditions um the room where the video
was is right next to where this party was going on this wasn't the appropriate time I wasn't looking for her to seek out the individual I was looking to obtain video um at least one hour prior to to the incident to review it under our terms and this was just uh extremely difficult to try to accomplish uh she
was having difficulty trying to extract video I offered to try to do that she didn't want me to do that uh this just became just too too difficult and she was becoming uh you know angry and difficult uh to try to accomplish this so we issued the violation and
left um Miss Hall how um long does your video um recordings last um we can go back six months and they last I mean they record 24 hours okay could you have gone back the next
day after the birthday party and found one hour prior to this incident for the detectives yes but that's not um at at the time they were they were viewing the footage we actually my video cameras at that time shows that they were there for a while like I said it was my own
birthday party so I stopped to go and do this with them I I think the aggravation came with you know the the other detective that came in the day before gave us a completely separate description which we did actually give that detective a copy of the video that
he requested the day before I don't remember that detective's name um but there was a detective that showed up the day before and he did not give us a violation on that day and usually I mean we've gotten some of these before where you know they've been dismissed because
uh for no violation but um I just felt like why didn't the detective on that Saturday that came in the 29th give us a violation on that day and here these two guys are G these two other detectives are looking for someone that's completely different than what the first
detective asked for we already gave him video footage and now they're asking us to look for someone completely different and so I did show um detective cross and the other detective what I could see and we the other detective that was with him
I'm not sure if you remember detective cross um but even he said no she was wearing a different color shirt or whatever it was that you guys were looking for and at that point that's when I I kept getting frustrated because you know I'm I'm okay if someone came
from here and we we have a violation and we did something incorrect but um at that point it just seemed like I was being harassed because and they were saying and not only that this is at 5 pm on a most people who come to park 54 park over the bridge or in front of Park
54 five Fair R AB there are other uh restaurants right I'm I'm just going to get back to what we're talking about um it's it's in my professional opinion it's the nature of an investigation that it might take time to get to the bottom of what they need um blue shirt white
shirt um lightskinn wom white woman that's what the nature of an investigation is and it all times we expect the lcy to cooperate with the the police um and um to me that is cooperation is the number one thing I look for when we review um inant reports
violations are not what you receive from the police officers violations are what you receive from this board what they give you is an incident report they write up what happened when they walked in there there that day whether or not you got one the night before or this night it doesn't matter I'm always looking for
cooperation um as Hall on April 30th 2024 which would have been before this actually happened did you receive the advisory from this board about cooperating with police excuse me what's the question do you receive our our advisories from the Boston license and I did and he just
said that I did corporate in the beginning when he first came in and okay I just want to know if you received our if you receive our advisories I make the right person is getting them that you're training your staff and that you understand your responsibilities because this is a important thing in the eyes of the board whether it's two nights in a
row the nature of of an investigation is to get to the bottom of so there might be multiple times that the police need your cooperation it's actually a very important rule of the board it's rule 1.10 a um your all lenses are are um subject to inspection by the Boston
police department so I expect you to cooperate at all times in the Boston please come in and I'm I'm always Cooperative okay um this seems like the nature of the narrative on this supplemental report indicates otherwise so and so where's the officer who I gave
the the footage to the day before then because that's I don't do the investigation I just regulate the lenses and I want to make sure that you receive our advisories and that you're always cooperating with the Boston police and if there's any questions about whether the advisory is reaching you or your
staff please call our office and we'll make sure the right person gets them I don't have any other questions commissioner Saxon and commissioner curen um did you keep the video I gave the video to the officer
that that came in on the 29th I did not give a video to this officer that's on this call because he did not ask me for a video at that time did you keep the video do do you have it still no we gave it on a thumb drive to the guy who came in on the 29th
it was downloaded to that drive and it was given to him it says here that they told you to preserve the video from one hour back that is not what he told me I so it it was clear to you on June 30th
that that detective had not received what he was looking for right because he came in looking for someone else I don't understand how you guys are not understanding completely different person matter about who he was looking for did no I did not preserve it you
asked the question and I said no I did not preserve it no no you said you hadn't because he hadn't asked you I'm asking you was I did not I did not preserve it because he did not ask me to preserve it he asked me to go back one hour so he
can view additional footage of an hour while we were standing there uh after he had already footage that's what he asked me can I can I go back an hour while he was standing there he did not to preserve it he did not ask me to put it on a thumb drive he did not ask me to
save it he asked me to go back one hour that is what he asked me to do on that evening wasn't it clear that you had not provided video that was still being sought no it was not clear no it was not clear okay thank you nothing from me thank
you thank you very much the board will take this matter under advisement as well thank you calling item number three the Boston Leo Corp located at 71 to 79 Warrington Street date of the incident October 20th 2024 theft of property Lar in violation
of Mass general laws chapter 138 section who is present on behalf of the licy Terrence gathers Charles delpo thank you uh who's present on behalf of the Boston Police Department uh officer Lawrence
Lee thank you officer uh Lieutenant detective Troy if necessary thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning you please raise your right hand do you SAR to tell the truth the
whole truth and nothing but the truth I do I do I do oh sorry there's another individual here Mr Barbosa if you could please identify yourself for the board yes sir my name is Step Barosa and I work for candy bar ass
C great thank you very much uh uh officer Lee if you could please read the report and to the record for the board sure about 1:26 a.m. on Sunday October 20th 2024 offic Le in the alpha 499
Alpha responded to a radio call for a larsoning at Legacy Boston located at 79 Warrington Street Boston upon arrival the officer spoke Club manager turn gathers who stated that there were four people who had their phone stolen from the dance floor of the club
only three people wanted to file police report gathers also stated that this happened between 12:40 a.m. to about 1:10 a.m. G spoke with other staff and no one had turned in any phones G spoke with spoke with victim number one Raphael Ferrera Dantes who stated that
he had his purple iPhone 14 pro Max in his right back pocket while he was on the Dance Floor about 1: a.m. he looked around the floor and found the wallet of victim number two Marino Nelson Edgardo Nelson at gardo stated he had his phone in his fanny pack and was also on the Dance Floor next thing he checked his
fanny pack was open and his gray iPhone Pro Max and his wallet was gone uh Nelson agaro was uh wall was recovered later with nothing missing uh victim number three Robert
cardoso stated that he has his white silver iPhone 15 Pro Max and his fanny pack on his front left side he checks his fanny pack and find open with his iPhone gun officers gave the victim the inent number and instructions how to uh retrieve the report
two thank you very much officer Lee uh Mr delido Mr gathers Mr Barbosa would you like to address the alleged incident ahead um well we uh at that time when at that it was the night wasn't even over over completely
and we had uh usually you know you always get somebody who's missing something that's normal for us but when you get that many people saying I can't find my phone my phone is missing my phone is missing it starts looking a little bit strange so as we started
talking to people and I'm asking around I'm talking to my uh talking to my staff you know going through the regular missing phone procedures we start realizing that this is it's not it's too much to be a coincidence so any crime on the premise you know we call the police
and uh after speaking to them you know after the police came in we told everybody to hold back and you know made sure they all gave the police their IDs and give their reports and everything but uh that's it's pretty much everything they
said on the report and we have uh we try to convince everybody that know we make announcements every night you know phone Keys wallet make sure you keep him with yourself and everything else however that was a little bit more it made me feel like it was more of a thing and after speaking to the det the
detective um Brian hurl when he called me I guess this is something that's been going around into a lot of different places so I wanted to make sure if we could catch the person or whatever it is because we have signs up and everything else you know asking people to make sure
they uh keep an eye on their materials they have a problem any questions from anybody we will see if there are jemal Joyce do you have any questions for the Li or the officer uh thank you very much I have no questions this
time commissioner carer commissioner Saxon uh I'm sorry do do we suspect that this is this one is related to the next one at all no not at all not at all okay do so do you have any did you
do any video review about what was going on this night in this location yes um I did um I gave uh asked uh detective Eddie Hernandez to drop it off to you today all a video of everybody coming in and out because um when I spoke to Brian HL about it me and
them were playing phone tag for a while so I had the video from for the whole night on a thumb drive so I was like you know what I'm just going to ask him to drop it off to the board because had a pretty good idea that you guys are going to ask for video unfortunately during our investigation
with with the phones we found out that most of the people were saying when they tracked their phones it ended up in China that's what it was showing up on the tracking so I believe there's a what in New Jersey we used to call Pockets people that go around from different places to
places and they literally try to pick pocket people and uh that's something we want to avoid and I don't want it in the club so best bet was to call the police okay thank you for providing
that you're welcome than further nothing further thank thank you sorry Mr gather so I I did receive that thumb drive on my desk this morning I'm going to download the videos and share with the Commissioners is that from this incident or the next one the vide uh that's what to this one
now thank you wait for the next one yeah great thank you that uh videos will be shared with Commissioners following this hearing and the board will take this matter under advisement thank you calling item number four same LIC e Boston Leo cour located at 71 to 79 Warrington Street date of this incident
October 26th 2024 theft of property larsy in violation of Mass general laws chapter 138 section 64 who's present on behalf of the leny Terrence Gavin Charles delpo thank you who's President on behalf of the Boston Police Department
Robert noun n nees police officer thank you officer ns are there any other individuals with firsthand knowledge of the alleged incident who wish to testify uh Lieutenant protect try if necessary thank you can you all please raise your right
hand do you swear to tell the truth oh and Mr bra as well thank you you SAR to tell the truth the whole truth and nothing but the truth I do I do yes sir thank you officer Nunes uh you may please proceed with the report for the board yes sir about 12:20 a.m.
on Saturday November 9th 2024 officer noon's assigned to the alpha 435 responded to a radio call for a lar report at 279 Treemont Street candy bar upon arrival officer noes met with the caller Steven Barbosa who stated that an
employee stole a black fanny pack on October 26 2024 around 2:32 a.m Barbosa stated that the owner of the bag contacted the establishment acquiring if someone found their black fanny pack after review and video
footage Barbosa observed Brown grabbed the black f fanny pack then place the item into the elevator room after returning to the elevator room Brown retrieves the brown I me I'm sorry Brown retrieves the fanny pack Bosa informs the officer when a staff member finds
property the proper protocol is to notify a supervisor along with immediately turning the item in Barbosa stated that brown failed to do either Barosa mission to officer news that brown stated he placed the fanny
pack on the coat counter officer NOS attempted to contact the victim to no avail at this time the items located inside the black fanny pack are listed in the property section of this report Barbosa stated that brown is currently suspended pending
investigation it should be noted that the incident took place inside Legacy Barosa informed officer news that candy bar and Legacy are connected and sometimes security staff members help the other establishment while writing this report about was informed officer
news that they located the black fanny pack however the bag was empty okay so thank you sorry just one moment um TR there's a very lengthy supp report yeah I just try to summarize that for you if I could there's two additional reports the first editional
report just notes the uh uh license promise violation and it reads as follows that on 11:24 November 24th 2024 1:30 a.m. detective horn and Samus under direction of Sergeant detective taxter responded to 79 Warrington uh Street the
Legacy Boston for a code 35 license premise inspection detectives issu the establishment of violation forth of property larsy uh for the incident that took place on November 26 2024 Terrence mantis accepted violation number 39 314
and was cooperative there an additional report it's investigative report by detective canel and it reads as follows after a thorough investigation detective caned assigned uh found probable cause to charge of suspect Samy brown with Larson over 1,200 uh in violation of
Mass general laws 266 uh 30 um detective spoke to the victim who stated that she had left a candy bar 279 tra and walk to uh his car at that point the victim realized uh he didn't have his car keys in his bag and they were uh
with him victim went back to the club to look for his bag but was stopped by security from going in Security advised victim to leave his phone number so they could contact him and found victim told detective that he remembers leaving his bag on the couch next to the coach check victim informed the detective that there
was $2,370 in a US currency passport iPhone 16 um inside the bag with total valueing $4,840 detective spoke to the manager Barbosa who reported that one of the employees
Samy stole the items uh victim's fanny pack Barbosa stated the owner um M the victim of the bag contacted the establishment inquiring if uh somebody had found the the black fanny pack after viewing video footage Mr Barosa uh
observed the suspect grabbed the fanny pack and then placed the item into the elevator room after returning to the elevator room the suspect retrieves the van vanny pack byos informed the detective when a staff member finds property the proper protocol is to notify the supervisor along with
immediately turning the item in Barosa stated that the suspect failed to do either um Mr Barosa mentioned the detective the suspect stated that he placed the fanny pack on the code room counter Mr baros informed the detective
that the suspect is suspended pending charges uh and Mr bosis or I'm sorry um that the the suspect is currently before the court um and that's the extent of that report thank you Len Troy uh Mr gathers
Mr Delo Mr barboso would you like to address the alleged incident okay so um I agree with um everything that was said on that report um we did uh have that Gman who who had his he had went to the
coat check and got his coat and we have like a small seating section that's a couple of feet away from that section this was in Legacy nightclub it was a guest at Legacy so he sat down and put his fanny pack down and then he went
walked out the door this was that closing by times he got to the car that's when he realized I don't have my keys because he left his bag so he turned back around came back they wasn't going to let him in however we did let him in after management fig know I got
involved and we let him in and then they kind of like looked around and it wasn't there so he said he was adamant about the fact that it was there he was speaking to another manager that works here Linda and um at that point she started an investigation started
reviewing the footage once we realized what was going on from our investigation Stephen was made aware of it and uh there's nothing left to be done except call the police because it was uh obvious to me so um
and to her so he was terminated immediately he was not suspended um but Stephen you know he told the police that because that's what he thought was going to happen but we we viewed the video so he was terminated immediately thank you anything further
before we move to questions okay we'll see if there are any cherman Joyce any questions so just um there's a lot of the police report that's helpful but this elevator room who has access to that is it all staff or no no this was
now keep in mind this is after hours so this is a hotel so the the way the elevator room is s the make it easier for them to remove rubbish and everything else you know you bring the wheelbarrows out and everything like that so that elevator room was open when
it said that he entered the elevator room that that those doors are locked so like the general public can't go in there you know during like you know it's not an emergency exit or nothing like that but we were closed so he was in a section because he was working for candy
bar so he was in a section of the club that he shouldn't have been in wasn't assigned to be in and it was after hours so there was a lot wrong with what was going on okay and I'm sorry you may have mentioned this how long did this person work for
you uh years yeah couple of years um and had you have any other discipline actions disciplinary actions no all right thanks commissioner C and commissioner Saxon do you have any
questions I do not thank you thank you no questions from me thank you thank you thank you so much I'm sorry I think we all went on you went on mute sir oh there you are thank you very much for catching that this matter under advisement thank
you all calling thank you thank you calling item number five K&K Restaurant Group Inc doing business as Estella located at 49 Temple Place date of the incident January 10th 20125 disorderly conduct in front of premise in violation of Mass general laws chapter 138 section 64 and failure to cooperate with police
in violation of Mass general laws chapter 138 section 64 and board's rule 1.10 A and B who's present on behalf of the LC e good morning Madame chair members of the board attorney green Kristen scanland stepping in for attorney Adam barnoski for the LC
e and um sorry Helder bro also known as George is on with us as well thank you I do not see Mr bro on my screen if you're with us and plan to testify if you could please um have your camera on Mr bendale so we can sare you
in oh good morning I apologize see you thank you very much uh and we do see you and hear you on our screen who is present on behalf of the Boston Police Department police officer Richard Freeman thank you are any other oh uh
sorry I think thank I'm just gonna ask you to unmute so you identify yourself at the board hang on one second we can't hear you my apologies Sergeant detective Luke taxter thank you Sergeant detective taxter are there any other individuals with firstand knowledge of the alleged
incident who wish to testify you all please raise your right hand you swear to tell the truth the whole truth and nothing but the truth I do yes I do thank you who will be reading the police report into the record for the board will that be officer Freedman or
Sergeant detective tter sir what whatever you want me to do you can read your report okay um I'll be yep on Friday January 10th 2025 around 2:15 a.m. I was assigned as the 4:35 Alpha I received a radio call
for assault and battery at 49 Temple Place uh in Boston Mass the above location is a restaurant called EST strella um upon my arrival I observed a group of individuals being low at the location I spoke to uh Michael Nolan who appeared to be intoxicated stating that
he was instaled by staff at the restaurant Mr Nolan stated he was pushed at one point Mr Nolan uh gave me the middle finger um I then spoke to staff inside the restaurant and was informed that Mr Nolan and his friends were attempting to fight another party in the
restaurant and were told to leave the staff told Mr Nolan and his friends outside the location uh were outside the location for over an hour causing a disturbance uh waiting to fight the unknown uh party inside Mr Nolan and his friends were told to leave and not to
return to the restaurant and they were not allowed back inside I stayed on scene and I observed the group leave the location thank you we have a supplemental from sge detective taxter yes um on January 12 2025 at about 1:00 am myself Sergeant detective Luke taxter
with Detective samaris went to a Stell at 49 Temple place to conduct a licensed premise inspection in issue a violation concerning this incident while detective samaris inspected the posted permits I engaged uh the owner Helder George bro
in conversation and casually asked what the count was uh bro uh pointed to the downstairs area of the club and said do you see anyone down there bro said the club was well below capacity and there was no need to keep
account sensing that brendo had taken a defensive demeanor I attempted to deescalate the situation uh deescalate the conversation without success rendo became increasingly argumentative and accused uh us of harassment uh when I explained that the
police have been called to the location the previous night bendo replied that the detectiv should quote conduct some research and quote before issuing a violation brendo remained evasive answering each of my questions with another question seeking the to the end
seeking to end the encounter I explained that bendo could dispute the disorderly person claim um at a hearing and asked him to sign for the violation several times Mr bendo State uh started to record us with his cell phone and refused to sign I left the premise and
noted bendo's failure to cooperate on the violation thank you very much attorney scanland would you like to address the alleged incident uh yes please thank you a few questions first for officer Freeman officer Freeman in your report
you indicate that it when you arrive at this at the scene a group of individuals were being lowed outside the location correct correct and that group was approximately three individuals to your recollection uh if I remember correctly
yes thank you um Mr Nolan who's um identified in your police report was also identified by staff as their problematic Patron earlier that evening correct corck and as a matter of fact Mr Nolan was uncooperative and disrespectful to
you as well um in the early morning hours of that evening correct correct um you confirmed that night with staff that Mr Nolan was asked to leave the premises that evening earlier that evening uh that's correct and also
confirmed that Mr Nolan was banned from their premises correct yeah we told him he was trespassed that's correct at all times that evening we're staff Cooperative with you um yeah from speaking with them yes okay thank you very much um if I I may
as well just a few um questions for sergeant detective taxter yes good morning good morning how are you fine thank you um on Sunday it looks like early Sunday morning you entered the of
January 12th you entered the premises to conduct a licensed premises inspection and issue a violation concerning uh the event that happened early Friday morning correct yes ma'am and you entered the premises without issue to conduct that inspection correct yes you were not
refused admission or locked out by anyone at the premises no we were not and uh no information that you asked for regarding the disorderly um incident um staff didn't provide you
correct there's nothing that you asked for that they didn't provide you I should say correct that's correct okay um thank you very much no further question questions at this time um Madam chair members of the board if I may uh this particular
incident regarding the disorderly patrons outside the premises happened on um early on a Friday morning technically so it would have been a Thursday night out uh Mr Nolan and his friends um who were not otherwise known to staff at the
premises there's no issues with them previously um uh around 12 12:30 in the in the morning um according to staff started being obnoxious and were having a verbal disagreement with other patrons inside the premises and they were
immediately asked to leave um they did leave um and for the most part uh staff agrees with the um or officer Freeman's police report um except for the fact that according to staff Mr Nolan left the area for a little bit and then came back and that's when staff told them
they would call police if he didn't leave um this is when Mr Nolan stated to staff he he had called called himself already and police ared shortly thereafter uh staff as um you heard in the police report and confirmed by Officer Freeman did ban Mr Nolan and two
other individuals from the premises um with respect to this incident and follow up with staff after um despite the fact that pre the patron left and came back um and they were informed that the patron had called uh
police themselves they have reiterated the staff to not hesitate to call police if people are refusing to leave the area of the premises even after they've exited the inside of the premises um with respect to the failure to cooperate uh with police that
occurred um allegedly a few nights afterwards unfortunately I think this entire interaction started off on the wrong footing um Mr bro he certainly can speak for himself but according to him when police came in they said they were they were there about an incident that
occurred on Friday night and this caught Mr brand off guard because nothing had occurred Friday night um which he had confirmed and then um according to Mr brendo police inferred that he didn't know what was happening on the premises that he runs um he was confused by this
because the event in question again happened on what would have been a Thursday night or early Friday morning and said he was asking questions about what event they were referencing and the dots weren't connecting um unfortunately to the early Friday morning incident because they had been referencing the
night before so um all in all the lien he does apologize for the Comm miscommunication and that it went this way but as you heard from police on the night in question at all times staff were Cooperative regarding the incident that early Friday morning and as you heard from um Mr taxer as well there
isn't any information that they that they were asked of that they didn't provide regarding that disorderly uh that being said certainly happy to um answer any questions the board might have thank you we'll see if there are any jman Jo uh thank you attorney um
either uh attorney scandin or Mr bro um why didn't you give the police a count when they asked what the capacity was um so a very simple straightforward question pretty clear it's it's not about the count so I was on the other
side he came in all abruptly and if he also had a partner the partner was right in the ticket if I wasn't Cooperative I wouldn't have gone to the partner and say hey can I remove the thing down for you and that's when he came in and then
I was uh uh looking at uh numbers and trying to do something and he comes in um and he just asked uh what is your um Your Capacity and then I I mentioned to him it's 254 he says what is your count and I
said hey we we're way below capacity if you look downstairs it's holds 100 we have no no no 100 I can get you and then he gave me an attitude and then um like hey that's not what I asked you I'm saying I can get you a account one of the Securities have a account they have
they have a account a Tapper on their phone but we're way below we had like 48 people in there so we're way below our capacity um I think you're just kind of picking on me you're not really answering any information I'm asking why you're here you're not really um giving
me a um again I'm new this do this so if I get stopped I want to know hey why am I being stopped so if someone comes to your restaurant or write you a ticket it's only right that hey here are the issues um that is being presented to you here's what you all fail to do or here's
why you being a ticketed and I just understood from the attorney sure how new were you at this restaurant Mr bro two years how many two years okay do you remember when I personally came down to your restaurant and sat with you and your staff and my staff we tried to have
a meeting and talk about what our expectations were of you I don't do that for everyone but I did that for you to go over our rules yeah I appreciate that yeah yeah so um November 13 2023 do you remember attending an in-person meeting
at MCL Conference Center with Boston police and the licensing board probably yeah yes because we have you you were sitting right in front and center and we have you as signed in and yeah I'm always going to go to those yes and at that meeting we discussed amongst other things cooperation with
the police and pretty my understanding I cooperated with the police I have every right to ask the police questions and the question that the police should be answering your questions and that would because they have an authority then on April 25th 2024 you a violation for not
cooperating with the police for an incident that happened a couple months before that so you received a first warning um I thought that I re that I wasn't represented correctly that's why I got an attorney this time I thought
that that was a bit unfair of um of actually getting the not and then on April 30th 2024 this board sent out a written advisory that I'm assuming you received about cooperating with the police again I don't think I Mis
cooperated with any police officer they asked for something receive that advisory uh um I didn't I probably did or probably did not okay I try to read every advisory you all send um we're going to be sending another one out about cooperating with police so
definitely keep your I don't have a problem with cooperating with police I think that I'm being targeted but so what I'm going to do is I'm going to ask that police don't even speak to me I have managers that have paid them well they just speak to the managers right so yeah I'm not finished talking I'm not
finished talking pardon me then I'm not finished talking I'm going through a coup of other things on January 17th 2025 we had a zoom meeting a public safety meeting for everyone in A1 and I believe you attended that too correct I
attend every meeting and we discussed cooperation with the police there again I don't have I have zero problem cooperating with the police um the police we have I've had a history with the police um as you may know um so again I just ask that the police don't
even speak to me because you all got me not you all the police got it out to paint me as a bad guy that's not me um I don't have a bad thing in me not disrespectful I was never disrespectful he failed to put it on his on his report that he snatched he literally snatched
and my wrist turned around snatched his report and said are you're not going to sign this and then just walked away the police are pretty very disrespectful as well it's um we're in this together so it's it's mutual respect for both sides that's all that we ask you know we're
not kids um yeah you you have the authority you're at author you're an authority figure you control my destiny to some point but again it's it should be a Lev of respect on both sides noted um and then
so uh when police officer or any um any official from the city whether it be fire ISD comes in to do an inspection our expectations that you would cooperate with them never had any issues with fire I think we've G I think we've gone over that several times with you at
MCL you actually received a violation for it from this board in April 2024 we sent you an advisory we had a zoom meeting on it what's ml that was the inperson meeting and also I took time out of my schedule and sat down with you in person and we talked about cooperation which is
unusual for me to do but I did that because that was a little bit more put it on that was more because offal from the and I just put this on a record that that was more because we were being um harassed we thought that we were being harassed by the police officers um
there's a there's a strong case there record is well documented um so um that was the reason why you met with me through shagun um and he said hey this is spiking out of control shagun U asked
you to meet with me because is my boss so yesware why I'm trying to put it on record the reason why is because I had made a case to to the city um that hey we're being mistreated by um BPD we're being
harassed by BPD here's why and then also here's a license here's a this used to be a club before um and and where this place this vicinity or establishment had certain licenses that now what is the
difference nothing has changed why are we not being able to obtain the same licenses so and that's the question that came in that's why you met with me you didn't really want to meet with me but I appreciate the time um of you but and that's really out the question I'm just
trying to focus on facts I don't never Mis cooperate with the police um and um if there is a history there I asked him I said he gave me the wrong information he came in and I went and they came in the security L him in I ouce myself go
around circles I'm going to cut you off here we've given you enough time I want to see if commissioner Curran or commissioner Saxon have any questions just want to make sure you understand your responsibilities as license premise owner who has an alcohol license in the city and their responsibilities to cooperate with the police that is of
utmost importance to me as chair of this board I'm okay with cooperating with the police uh I have a question for officer Freedman yes sir okay in your report it says staff also stated Mr Nolan and friends were
outside the location for over an hour causing a disturbance and waiting to fight the other unknown party inside um is there was there any ambiguity about whether they were there the whole time or whether they had left for a
time um as I recall um I don't know I can't recall if they said they left for a short time or they were there the whole time I I honestly I'm going off my report um I didn't review my body cam but um that party outside was difficult
to speak with so um I was kind of just like deing with them and trying to get them to uh get out of there you know safely because they were waiting for an Uber but I I honestly don't recall okay thank you um so my next
question question would be for the premises whoever on that side wants to answer this um going back to the previous violation that we found for failure to cooperate with police I'm wondering if there's if you guys have any recollection knowledge uh I'll
probably go back and look into it but if you could state right now um was the refu was the refusal to sign the license premises inspection an issue with the previous one it was not we never refused I never
refused to sign I was asking questions I was confused I'm asking about the previous violation no it was not we've always signed we don't have no issue Sig that didn't that didn't come up that wasn't an issue no it's never been an issue signing it's they come in here's the
issue okay we're signing I I think the first time that they dropped off sir did you answer my question or not no I'm saying we were dropped off the paperwork and then the staff signed it with no
issues like the actual um the previous violation that's what I'm asking about yes okay thank you all the violations yeah three of them um I don't have a I don't have a question I
think you know maybe as a as a as a way of giving advice I know that you had a question about whether it was Thursday night or Friday or whether they were asking about Friday or Thursday I think um coming
with an attitude of um offering a tad bit more grace to the police who are questioning you you can um you can say no there was no violation on this day but there might have been an incident on the day before
or the day after so you're you're you're you're answering their question but then you're also in the spirit of being helpful offering information that might be related or
that is near to the time that that to the incident that you're being asked about and I think that's like you know in this kind of like theme of like you know how to be cooperative and how to um to get along it is it's not just about
being being so precise and So like um so limited in your scope but just to try to open up and just uh offer information and and to to try to offer as much
information that might be around near approximate do you do you do you get what I'm trying to get at like you I think you're saying that they were asking about a day where there was no incident but literally the day before
there was so in in the spirit of being helpful you could you could say there was no incident on on this day but just the day before that is that what you're talking about we said that I think that's a way we did say that you did so
then so then for the police officer did you hear that and was your response no missx and I don't recall Mr brendo saying that what I recall was him saying are suggesting that I should do my research before I arrived should have done my
research before I arrived any other questions from the board on this matter and uh commissioner car and I just reviewed the prior incident report there was no issue with signing for the violation notice the cooperation was about the interaction during the uh the
inspection yep um if they had my point would have been just a explain myself if they having an issue we would have talked about it and talked about that it is fully our expectation that you always sign um regardless of how much you
disagree with what has been discussed you're not agreeing that what is alleged on the notice is true you're you're just acknowledging that you've received it you didn't allow me to sign and he snatched it he asked me are you refusing to sign I said I'm not refusing to sign
I'm asking you questions and he walked out and said you're a dick any further questions at this time I would just like to refute that last comment wholeheartedly thank you I think I'm done with this one thank
you with that the board will take this matter under advisement as well thank you calling item number six 78 Charles Street manager LLC doing business as Milner hotel located at 78 Charles Street date of the incident January 31st
2025 failure to cooperate with Boston police by providing video in violation of Mass General Law chapter 140 section 30 and Boards rule 1.10 A and B and expired license in violation of Mass General Law chapter 140 section 23 and section 4 who's present on behalf of the
licensing my name is Edward Donovan thank you Mr Donovan and uh who is president on behalf of the Boston Police Department Sergeant teec William Gala detective Gregory waldrip thank other individuals sorry
sorry good morning H Sergeant detective Michael DeLuca thank you all very much are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand do you sort to tell the truth the whole truth and nothing but the truth I
do I do thank you who will be reading the police report into the record for the board and stive gallaga will be thank you you may please proceed on 13122 at about 10:15 p.m. s detective William Gallagher detective Eddie
Hernandez assigned to license premise unit responded to the found hotel at 78 Char Street Boston to speak with staff about an incident that occurred on24 2025 BPD report number
25200 348 BPD sexual assault unit followed up on the original report and their investigation LED them to the found Hotel BPD detectives requested video surveillance from the hotel as well as an employee list after several attempts to gather this information the
employee list was furnished but not the video s Tech of Michael Jer of the sexual assault unit cont Ted Sergeant T of gallaga several times knowing that the found hotel has an inh hold is license issued by the city of Boston Sergeant deluk relay Sergeant Gallagher
that he has not been able to SEC video after several requests as a result of this Sergeant T Gall issued license premise inspection notice number 02681 to the F Hotel B to cooperate BPD and providing video in addition
detectives observed expired inh holders license and expired inspectional Services certificate the person sh Mr abashir abdm signed for and accepted the notice that's what I have thank you our detective Gallagher
Mr Donovan would you like to address the elction incident so I gave we don't have the best camera system here and that but that's aside the point what I did have for video I gave to this detective Gregory walri on
an SD card on the 29th of January so that encompasses all of the video that I had that would took place in this building whether it had things related to the incident on it or not I can't speak to because I viewed a lot of the
video and I was looking for somebody that i' had never seen before or anything like that so it was difficult for me to know if I'm looking for the right person or not uh detective wal trip came to me at a different property and he viewed some of the video as well
and he too had difficulty getting through the video so he asked me if I could download the video and provide it to the Boston Police Department and my effort to download the video it just seemed so tedious because I would have had to let the thing record for X hours
so I felt it would be easier to just give him the SD card from the camera so they had the whole thing and left it at that and that occurred on the 29th of January thank any further for from you before Mo the questions from the board I guess yes
so unfortunately whoever hung the licenses up foolishly put them in a thing that couldn't be removed so the old license were upfront the newer licenses were in the manager's office in further back in there although the ISD
license currently is expired where we've had our inspection we had some things that required some work before the new certificate get this issued but we we do have a current in holders license thank you we'll see if there are any questions at this point uh chairman
Joyce um thank you Sergeant Gallagher have the police officers received all the information that they need I'm not sure I think that sgea would probably be the best one to answer that Sergeant Dua have
there no no we we haven't so just a little background we obviously were investigating a sexual assault that took place at a different location at The Moxy hotel we did have City cameras that tracked the suspect who followed the
victim from the found hotel to The Moxy then we have video surveillance like City cameras of him going back into the found Hotel detective waldrip reached out to um I believe his name is edw who who's working for the uh the found hotel
we were trying to get video surveillance inside the lobby of the found Hotel um that was based on an employee there stating that the suspect had been inside the video that detective walp did
get so the suspect was on video coming back I want to say around like 400 a.m and I think he leaves earlier in the morning around like 5 or 6: a.m. the video we did receive finally from the found hotel after about a week of trying
to get it and again we're trying to track a sexual assault suspect who sexually assaulted a female um the video we had was missing it I want to say we had from we wanted mostly January 24th
between 4:00 am and like 6:00 AM we had nothing like we had the video starting January 24th at 8:00 a.m. and nothing going back to say January 19th so was it was missing it which I find to be very suspicious that the video we actually
needed of this suspect was just not there it was missing and this could have been related to detector wal about a week before um the individual Edwood kept telling detective wal he was looking at it trying to get it and stuff like that
so his answer to your question that particular video we never got the employee list we eventually did get but that first night we went there the employee who was working there I think his name was abar was very uncooperative with us very evasive he wouldn't give us
the phone number to the manager Peter we had to look that up separately in Mark Mark 43 reports to get this guy's phone number to call him who and Peter to his credit he told us he just came out of the hospital he did call down there and
told that sh to give us that employee list but again time is of the essence and these things and just to deal with those roadblocks is very unnecessary Mr Donovan do you still have the video would be that you could give to them I I don't the SD card that had
the video in the SD card only records for a few days and once once it records it starts it records over the oldest data after I believe six or seven days so and then like I said I gave the SD card to
the Boston police so anything that had the recording of it I gave them the whole SD card ma'am can I that I'm detective waldrip I met with Edward um just through the course of this investigation like Sergeant detective DeLuca with stting we did run
into some roadblocks with the employee on the desk AB Shear the the first night um Edward was in communication with me that night the 24th um he called me to let me know he would review the video um the next day I reached on to him by
text message he said he had to review it in real time um that wasn't a fast forward option um like Sergeant detective Duca said time was of the essence to try to uh identify and locate this sexual assault uh suspect finally a
few days later um Edward allowed me to meet up with him and I reviewed the footage on the iPad however like he said it was too big of a file to download so he offered to give us the micro SD card which we have with that said though
however there is footage from January 18th and then it stops until um about 7:50 a.m. on the 24th which is about three and a half four hours after our incident uh the camera appears to turn back on and start recording also it
should be noted too that um we were under we were told that that video is motion censored however the footage we have from the 24th all the way up until the next week when we recovered that SD card uh appeared to have all recorded video on it um and not not just motion
censored and also just to have that video would have made our investigation much much smoother we ended up having to go a different route actually to a different Hotel um in order to uh obtain some footage with to assist us in ID in that
suspect thank you uh Mr denovan how long had the gentleman at the front desk been working there uh Abshire has been at the property about two years okay do you train your staff about the rules yes yes that come with being having an in
holders license yes when was the last time they had been trained prior to this incident that that's hard for me to speak to because Peter is the manager in this building and I'm the manager at our sister property up the street so my
expectation or understanding would be Peter would have instructed that training to happen I with Peter being out on medical leave I've been assisting to fill in for Peter so I I wouldn't be able to speak educated to
when the last time he had a training related to that okay I I can't um emphasize enough as I have for the last two um lenses that were also written up for lack of cooperation how important it is to cooperate and to train your staff to cooperate and that when a Boston
police officer comes in and asks for information that you make every effort to cooperate with them in real time I I don't know I don't understand why you're you know the video is motion censored but then it's not why there's missing
video and I'm happy to hear that detective waldrip was able to get the information he needed from another source but it's very concerning that he couldn't get it from you um and that your staff was not Cooperative um commissioner careno commissioner sexon
do you have anything to add I Mr Donan do do you have anything to say about this Gap in the video I mean I I have to agree I find it very suspicious it's it's a crappy camera I mean we didn't have a camera here at all I brought this camera in from my
personal home just to have something in the lobby so it's a web-based camera and it runs off the internet so if the internet goes down or something like that it doesn't record in those time frames so I can't speak to anything other than the poor quality of the
camera okay it so it's is it recording to an SD card though within the camera yes and that's what we gave to the police okay but it'll stop recording if there's a problem with the internet uh that's correct yes because it's a
webbased camera it's a ways camera uhhuh and it it's probably a 2inch square little ways camera and it runs on it's a web-based system
soing locally as well in an SD card right it's F sure okay so why why would it stop like I I have I have no explanation as to that if the implication is I erased it I firmly disagree with that because why would I
do something like that um all right that that's all I have I guess thank you thank you um I also wanted to clarify about the Gap when so for the detective and and also the the manager are you saying
that there was footage before the day or or day range the date range in question like there was there's footage there's no footage and then there's footage again or was there just before the date there's nothing um for the date there is
nothing except for there a a file on the SD card from January 18th uh so about a week before this incident where it has a full day of footage recorded and it's in stored there and that would be the oldest dat on the SD card so in essence
you'd think that would be written over but for the data that um that was relevant to our investigation so that just for clarification the Gap it goes from uh we have footage on the 18th and then there's no more footage and then uh the
camera is uh starts to record footage again uh about three to four hours after our incident occurred detective walri yes is is the SD card at capacity you know what the is and what the file
size is on it sure I actually have it on my computer here if you give me one moment I can actually take a look at the properties of it it does look like it's at capacity um it has it looks like it's about a 30 gig gig uh SD card and about
28.2 gigabytes currently is downloaded onto the SD card okay thank you you're welcome any further questions from the board on this matter board will take this under advisement as well thank you thank you I
appreciate your time thank you item number seven will be filed without a hearing as the lensey has since transferred uh and those are all of the items before the board this morning uh the board is scheduled to vote this Thursday February 27th 2025 at 10:00 a.m. notice has been posted to the
city's website uh that will adjourn this hearing thank you all and enjoy the rest of your day thank you thank you