Good evening. Today is Thursday, February 12th, 2026. This is a meeting of the Chelsea Licensing Commission. I am joined this evening by fellow commissioners Neo Lopez, Alexandria Christmas, uh myself, Marty McAlpine,
our licensing administrator B. Hernandez, uh, assistant city solicitor, uh, Mark Rossi. Uh, and then representing the police department, we have Sergeant Chung and, um, Officer Santiago and, um, I also see Officer
Mclofflin with us this evening. Um, with that, um, we will move right into the meeting. Um, can I have a motion to approve the minutes from the January 15, 2026 meeting? >> I make a motion to approve.
>> I'll second. >> All in favor? >> I. >> Thank you. And from there, uh, clerk's update B. Um, so for our clerk's update, we're requesting an approval for the date change um for the April meeting.
Um, Instead of it being the 9th, we're requesting it to be on the 16th of April. >> Um, I'll make a motion to approve that date change to April 16th. Can I get a second? >> A second. >> All in favor? >> I
>> thank you. Anything else be? >> No. >> Perfect. Um, with that, we'll move right into our public hearings this evening. Um, just a quick matter of housekeeping before we get started. Please remember that if you're coming before us this evening to
make sure that you step up to the microphone uh clearly state your name and reason for being before us this evening. If anyone in the audience needs an inter interpreter, we do have an interpreter in the back uh that will be able to assist. If multiple people are
coming up and speaking at the microphone at a time, please take turns speaking into the microphone. So, not only we can hear you better, but if uh anybody is watching this on one of U Chelsea Cable's live sources or one of the
recordings later, they can clearly understand the conversations that are taking place today. With that, we'll go right into our first public hearing, uh, which is to consider an application for a mobile food operation at locations
provided on the application for X6 Moshu Food at 165 Wimmit Street, Chelsea, Mass. If you could step up, >> good evening. >> Good evening. My name is Du and I'm the
treasure of X6 Mosu Food Company. Yeah. And uh uh this evening we want to uh clarify our uh our business plan and want to get the permit of uh of
uh operate our business at Chelsea. Yeah. Um and we uh we were we changed the plan to the to uh last time we we we location is not uh not available because of the parking issue. So this time we
choose the place that is approved by the city and we will just uh just operate at within the within hours that city approve and at the location like the the Highland Highland Park >> over in Highland Park
>> and we will not uh remain a food truck at their like over overnight and we will move to the cover kitchen and uh yeah and like just transfer from from the that two space. Yeah. >> Um so just to clarify, you're you're
moving the truck back to the Wuburn location at night. >> Yeah. Where will Yeah. Because our kitchen kitchen is in there. >> So where will Yeah. If when we operate where operation we will go there and uh transfer from the to city.
>> Perfect. And I I know when you were here before us before um you were mentioning you were concerned about the truck being able to go back and forth to Wuburn. Have you rectified that problem? >> Yeah. >> Uh hi, my name is Shelton. Uh I can uh
answer that question. So we are worried about that car is so old that can't able but uh recently we back and forth few times. It's it's fine. >> Okay, good. U just making sure uh because I remember that as part of our
our prior conversation. >> Um so you're looking to do it in Highland Park during the approved hours of the city. >> Pardona. >> So you're looking to have this stationed in Highland Park during the approved hours of the city.
>> Yeah. >> Yes. >> Initial questions from my fellow commissioners. So, you're moving to Highland Park and your hours will be Tuesday to Saturday, noon to 6, correct? >> Yes. >> Okay. So, that's actually a better time
than before you keeping a food safe during that time. >> Yeah. >> Yeah. I see you have a generator as well, too. >> All right. It's good. >> Any questions? >> No, I don't have a question.
>> Um, and uh from our police department. >> Hello again, guys. Um, did a Corey on both again still clear. Um, so if you guys are moving into Highland Park, um, that's actually a pretty good location.
You're going to get a lot of business with the soccer games and stuff like that. >> Yeah. >> Um, just be mind be mindful though that parking lot is tight. >> Okay. >> Especially if there is a game going on. >> Okay. >> All right. So, as you move above about its corridor, just be mindful of the
space you have. >> No problem. >> Okay. >> Good luck to you. >> Thank you. >> Perfect. Um any um comments from the city? >> Uh no. >> Thank you, Mark. Um
uh would anyone from the public like to speak on this matter? I see no one. So, with that, uh, would either of my fellow commissioners like to make a motion? >> Um, I'll make a motion to for the
application of the mobile food operation at the approved location of High Park, Highlight Park >> to approve it. >> To approve it >> and a second. >> I second. >> All in favor? >> I. >> Good luck. >> Good luck. Uh, we hope you are very successful. >> Thank you. >> Thank you.
>> Thank you very much. Next on the agenda this evening is public hearing number two to consider multiple noise complaints involving the amusement and entertainment license for Axe Entertainment Incorporated DBA Toro Lounge at 73 Wimmit Street in Chelsea
Mass. Um if folks on that matter uh can step up to the microphone this evening. Hello, I'm Will Kaufman. I live above Torito in unit 2, 14 William Street, which is the residences uh that are part
of the condominium 37 or 73 Wimmit Street. Um we have a presentation to give you today um with my wife as well, Mary, and Sergeant Chung. Would should one of us do the going through? Would you be willing to move the slides for us so we can both speak?
>> Um or should we just >> Are you doing the public first? Oh yeah, sorry. >> Um, >> are you doing the police first? >> We can we can go with the police department first if you want to share
with us um why this is coming before us. >> Right. That's what I figured. >> Sounds good. >> Okay. Thank you. >> Whenever you're ready. >> Back to me. Okay. >> Back to you. >> All right. Uh, good evening.
flip through my notes here. On January 4th, uh at approximately 4:48 hours, I received an email uh from Mr. William Kaufman. Identifies himself as a trustee of the condominium located at 73 Winnipe. Uh this building, just for
reference, consists of residential units above and one commercial storefront. The commercial storefront is currently occupied by a business operating as to lounge um leased by a Jean Machado. Should be noted that I represent the
police department um under ABC and I'm authorized to enforce regulations promagated by the ABCC including compliance with the city of Chelsea licensing rules and regulations. Uh I will have Mr. Kaufman speak on his
stance later, but uh in summary um it mentions failure to adherence to section 2.11 little B in the licensing commission rules and regulations. It's also presenting that they him and
Toledto Lounge have a private private civil agreement um that they entered in which he will speak upon. Um a few infractions to note as mentioned um are loud and intoxicated
patrons, repeated parking issues, um couple of mentions of uh loud music inside the establishment uh that could be heard or felt throughout the building even if it's not heard outside.
Um he also highlights a few actions that's been taken so far since that email historically. Uh I forwarded the email to the law department which brought us um to a public hearing. So upon receipt of the
email I did direct licensing officers Santiago to conduct a follow-up business check and to reveal available video surveillance in December. Uh it should be noted that in December of 2025, Chelsea Police Department did receive an
unrelated anonymous complaint regarding to uh alleging inappropriate staff attire and concerns regarding basement egress. Upon review, the staff attire did not meet the threshold for violation
um of the city of Chelsea rules and regulations. it appeared to have been more of a difference in moral acceptance. Um, and that that's that's purely subjective. That complaint was subsequently cleared as
unsubstantiated. During the follow-up investigation, it should be mentioned that a social media post from Toledo Lounge dated for January 9th, 2026 was brought to my attention. This particular Instagram
story depicted cocktail waitresses holding alcoholic beverages, including shots, and gesturing as though they were about to consume them. The video cuts prior to showing any actual consumption. The content was documented due to
potential implications regarding alcohol service practices and advertising. based on the cumulative information received including noise complaints, concerns regarding the listed manager um which when they came before us to be
Ashley Sagliagia. Apologize if I butchered your name. Hope I'm doing my best here. And indications that day-to-day management may instead be conducted by an individual that we encountered during our initial administrative check to be a Maria
uh full name in the report. There may be a potential issue related to failure to update the licensing commission regarding management changes pursuant to rule 2.07 business arrangements of licensing. Um all this was forwarded. A few things
I will notate in regards to call logs on uh January 11th, which is this report narrative being the most recent. On January 6th, which is a noise complaint called in um to the PD, uh mentions of
bass and vibrations from the basement bar DJ could be audible. conditions were demonstrated to the on-site manager, Maria, uh by our officers, which she did agree. Um
so then on 20 the 27th of December, there was a noise complaint that came in that I was present for. Um it was unfounded on the outside um and the inside at that time. Uh on the 5th of December was when we determined that
they were um in business and an admin check was done then which is when I met with Jean and Maria and um John mentioned there were reported ongoing communication with the condo representatives and there were also some
efforts to explore the best method for soundproofing. All related documents and attachments are included. Since this is just a public hearing, I will forego the digital evidence um that I've mentioned
that I have mentioned. Do you have anything? >> Control. >> Thank you. any thoughts on the matter as a as a preliminary matter. Um you I mean the the commission has heard
officer Star Officer Star's report um and has before it uh the evidence that the police department are currently in possession of with regard to the um the allegations of uh of noise and and other complaints.
The there is as we understand it there's a contract between the Lency and the condominium association. the the terms of that contract provide for um uh compliance that is um slightly stricter
than the regul the regulations that exist. That being said, um at this point, I'm uh I don't know that the commission has before it, and again, this is a conference, not a disciplinary hearing. Um I don't know that the the
commission has enough evidence before it. And I'm referencing the the PowerPoint that um um Mr. Weiss put Kaufman, I'm sorry. Um uh Mr. Kaufman put together um which you know I
encourage the commission to to uh listen to um as well as you know any public commentary. Um it it seems that the commission might not be in a position to render a decision at this time given
given the lack of evidence um essentially one person's allegations. Um that being said, I don't know that the commission um in its discretion might continue the matter. Um for followup, um
the commission is empowered to ask the police department to do a follow-up investigation. Um uh uh officer also mentioned a potential violation with regard to change of manager. That is something that you know can be investigated as well. Um and that could
be that could give rise to a disciplinary action. Um, so it it seems that the matter is not necessarily dead. Um, but you know, the city is, and I don't mean to put words in the commission's mouth, but the city is limited to
enforcement of its own code, not the contract terms, that would give rise to a private cause of action between the parties to that contract. So if there's a breach, then there are legal and equitable
remedies available to the agrieved party as in any contract. Um but that doesn't mean that the city can't um you know do a little more um in in the way of investigation. >> Thank you very much. Appreciate that. >> No problem.
>> Madam Chair, I think your mic is off. >> Appreciate that. Sorry. >> Also, for the record, I I like my current rank, so it's a sergeant. Sorry, council. Appreciate you. >> Sorry, Sergeant. >> You have earned that.
>> Blessings. >> Uh, uh, fellow commissioners, uh, anything before I ask Mr. Kaufman to come up? >> Is anyone here from Torito? Oh, represent. >> Okay. All right. No, that was it.
>> Okay. Um, Mr. Coffin, if you'd like to come back up. >> Yes, thank you. >> Um, so are you willing to scroll through for us so we can both stand here? All right. So, would you like to introduce yourself? >> Yeah. Mary Shepard. I also live in unit
2 and I'm a resident of 14 Williams. >> Thank you. PDF. >> So we wanted to introduce ourselves you know further here as you know who we are. Obviously, I am a resident and speaking on my own behalf. So is my wife
Mary. Um I'm also representing all the residents and I have a document that I can submit with all of their signatures. Uh everyone who's an owner and trustee as well as the owners who are residents and then renters and another owner of the unit that say that they've seen this
report and are validating that they agree with it. Um I also Sorry. >> Yeah, sorry. I also included that I'm the chair of the board of Chelsea Cultural Council and while that's not necessarily relevant here, I am sworn in in that
capacity and I feel that it represents my feelings and actions for this community that I care for it deeply and that I participate. Okay, sounds good. All right. So, the first slide here is what was said by Toledo to the
commission and the community uh at the very beginning here. Uh particularly that music would be ambient background music and there would be no club vibe or concerts of any kind. Uh that was said by Mark White, their attorney. And I've annotated the meeting minutes from those
meetings. Secondly, uh on the meeting June 12th, so that first meeting was July 14th, 2025. The other meeting here was that we're annotated out is June 12th, 2025, uh where Gan, the owner, said that it was be a family operation that was managed
by his daughter Ashley. Um, and that was also relevant because all of our communication has not been through her except for one text message which is included in the notes of this as well that you can see. Um, yeah. So, we can we can move on from here. Thank you. So,
I wanted to play this as well because I feel it's very relevant. Thank you for your patience. I just want to point that out because we have had this happen a few times in recent years where somebody claims that they're coming before us for a nice
family restaurant or and they want to provide some different food for the community and they're going to be good neighbors. and they're going to do all of these things and then the next thing we know they're on social media uh and it's a nightclub and that's not at all
what we are looking for in our community. So I I just want to make sure that um we're we're bringing that up now and making it very clear that that will will not be um tolerated if it turns
into a thing in the community because we're >> So you get the idea. Um it seems as though the board and us are in agreement that >> and just to be clear for anybody who doesn't know that was my voice. >> Yes. U the slide also says that that was the chairperson's voice. Um so we wanted
to call that out before we moved on to the next slides. It turns out on social media and in reality the actualization of this restaurant has been far more of a club than a restaurant. We have had to police their sound ourselves to a great extent and has been
extremely stressful for us. Um, and has been breaking, as was mentioned by Sergeant Chung, two or uh rules inside of the licensing rules. Um, in doing that, we've sent over 400 text messages to them since they opened.
Um, and we have graphs detailing the nature of those as well, when they happened, what type of entertainment it was that was causing the issue. Um, yeah, I think that's the most important stuff from here. And then also again repeating that, you know, Ashley has not been who we've been
communicating with. So, it does not come across as a family establishment. Um, for the record, we have no problem with this dress personally really only that it is a, you know, another piece of evidence that this is not a family
restaurant and that they're not acting as a restaurant. They're acting as a club. Um, I have another video to play that has three different instances of live music. The first one is at night. Uh, the second two are during the day. They're all one of the first one is a DJ
and the second two are other forms of live music that were occurring just as a demonstration of what it is that we're hearing and how that is, you know, very much outside the rules of 211b. I think that's the one
This is inside our heart. This is This is during the day. >> Those are our glasses rattling on our shelves. >> Are you directly above the unit? >> Yes, we are. >> Okay. Although other people when it gets particularly loud, including the people on the top floor across the building,
have heard it as well. Those are my different audio and visual elements. So, I'm going to put this stuff down now. We can move the next slide. All right. So, this is our breakdown of how rule 211B is being um violated.
So, obviously, you can hear outside the premises. Uh and this is a graph that shows in red um the later time periods when there's live entertainment. That's Thursday through Saturday and then Sunday through Wednesday when it is just their sound system ostensively.
Um you can see there's a lot of text that are happening here. All of these texts are linked to in this PDF. You can go and read them. Uh there's actually even more of them. So there's a full screenshots of the actual texts themselves and that is how I performed this analysis as well by drawing from
those screenshots. Um so basically even though there's been over 400 texts it's basically 50 documented instances. So there's been a lot of communication and sometimes there's not a lot of action. Um, and then also, you know, the police
verification. Then on January 3rd, uh, they went to the restaurant, they spoke to the restaurant, and the restaurant turned down the volume some. It was still audible to us. Then they came up to speak to us and thinking that the police had left. While the police were talking to us, the
volume came back up and watching all of the officers expressions go, "Oh," was a validating experience. And then they went back down to the restaurant and they got the manager and brought her to our hallway of the condominium for the residences. And we all stood there and talked about how we can hear this and
we're not in your premises. We can go to the next. So an adverse effect on repose. This is really simple. Um we're losing sleep. Mary gets up at 5:45 in the morning to either go to work or work out six days a
week. Being kept up 10, let alone, you know, whatever is really bad for our mental health and our ability to live. So, yeah, sleep deprivation is a direct
assault on repose. Oh, can we go back real quick? I forgot one bullet point here that's on both of those. Thank you. Um, so when when we first reached out, I reached out to Gan as soon as um we became part of the agenda for this meeting. Uh Gan and I
have always had really good communication and I respect him. Um the outcomes obviously have not been what they need to be, but I do want to note that we have a good relationship other than that. Um
so when it was told to Yang, the owner of the unit, and also Gan, um a firmer hand, it seems taken with the staff. there was a direct and immediate impact on how many nights we actually had to respond to them. However, old habits die hard and you can
see here that uh in the beginning of this month, we're back to the same old shenanigans. So, we also have our more stringent contract that we have between each other. I now fear that that is actually a detriment to us um based on what you
said. But um at any rate, when this was first formed uh and I spoke before you about this that this agreement was supposed to not even be an issue, right? That we were never going to hear anything. And that's what we were both hoping. And we also, you know, on record, I said, you know, we're going
to find out. So, we did find out. Um despite, you know, what it sounds like inside of their premises, it still is affecting us dramatically. Um, so you know that's obviously a problem. So these are the different elements of
that that it violates and we wanted to call those out. So again noise related for the most part. Okay. So we put together a timeline here of how this went. We actually put a lot of energy into this relationship. Um,
starting all the way back in June, they reached out to us and we went down. We met with them. We heard about their concept. We liked the idea. um as everyone did, you know, it's exciting and fun. Um and then we had our supplementary agreement which was lovely. Um it was interesting to us to
find out that the hours of operation that were applied for by Toto were so drastically different than what they agreed to in our arrangement. Um again, I think the assumption by the ownership was that it wasn't going to be a problem. Um but
you know still questionable you know in nature. Um the day that they opened, you know, the problem started um and continued for, you know, they continued. It was continuous problem almost every single
day a problem. Um and by January, um there was a full erosion in you know, our faith in the arrangement that we had and we had to reach out to the city in order to come before you and ask for your help. Excellent.
So, we've tried to make this really simple here that there's these significant infractions that we believe that the city will care about as we are residents uh and care about the city. Um, and we
have requests that there's immediate probationary status. Um, and we understand that it's probably not possible to vote right now on changing hours or anything like that, but we would like to ask that there could at least be the plan of another hearing next month where
we check in and then make a decision about what needs to be done next. Um, one of the other things that's significant here was that when the alcohol was approved, the chief wasn't around. And at the entertainment hearing, he said that they should have to earn their
1:00 a.m. And during that meeting, I also said, "Well, why don't we change it to making them earn it?" Um, but you guys felt that, you know, you might as well do what you consistently do and have them match. Um, unfortunately, that has become a big detriment to our life.
Um, so yeah, that's uh that's where we're at. That's uh I think everything I have here. You have an electronic copy of this. I encourage you to go look at all of the sources for the data that we've compiled here uh and consider it evidence because I think that it very
much is. I don't have anything to add. Um I think that you know we'll put together a really comprehensive report. Um I can just vocalize that it has been very challenging. Um I can also appreciate and understanding people
opening a business and wanting to provide entertainment for the patrons that come to the business which is why we wanted to have such a proactive approach with the new business moving in. We've lived there now for >> since 2019,
>> you know, four or five years. Um, we weren't there when Wisimmit Lounge was open because we moved in after they had closed during the pandemic, but we did live through lime and we knew some of the issues that occurred with them as in particular related to entertainment and
noise. Um, and so that's why we tried to take a very proactive approach with the new business in the hopes that we would never have to have this type of discussion. So, I think that and I know that Toto I don't know if they're going to speak, but um I know that they have plans and they're working on ways to try
to improve this for everybody and I think we're both open to that, but we also want to make it very clear that there's been very little action up to this point. So, I think that's why Will kind of closed his statement with we'd like to keep this open. We'd like to
keep talking about it and we'd like to hopefully see some sort of resolution. It's become very clear that whatever speakers there are are capable of overpowering any installation of soundproofing. So yes, if things are
kept at a reasonable level, I think the soundproofing could be a success, but it does not indicate based on what we've seen behaviorally that volume could not get to a level that it would even overcome that. So that's one of the reasons we want to keep this open. >> Well, I would like to thank you for
taking the time to put together that presentation. Um, obviously you care a lot. Um, and I I can appreciate that. Um, obviously, uh, being disturbed in your home is always of a concern to any of us. Uh, so really do appreciate you
taking that time to come before us. Um, as our city um, assistant solicitor stated, um, we can't enforce anything from the agreement that you have um, as a condo association with the business.
what we can enforce are our city rules and regulations. Um, but as stated tonight, this is really just a conference on on the matter um and hearing about what's going on and then from there uh we will decide if we want to
uh pursue this further at this time um or just um end the conversation for now. Um that's pretty much where things will end at this meeting. one one of those two things. It'll it'll either um be a continued conversation um or um this
will be noted uh until future occurrences bring it back up. >> So, you're going to evaluate if the evidence against the two rules that are being broken is substantial enough for a disciplinary hearing >> essentially. Yes. >> Okay. Is there anyone else from the public
that would like to speak on the matter before I give to a chance to um speak on their behalf against all of the comments? Okay. I do not see anyone. Um if you want to step up to the mic.
>> Hi, my name is Gene Mashado. I'm one of the owners of Toito. Ashley, my daughter, is here. She is the manager there. Ashley has been sick for some completely personal of course and that's why she hasn't been there all the time.
Um hopefully she'll be able to start coming more often if things go well. Going back to what we discuss what was discussed so far. First I want to uh thank Will and his wife for bringing this here. We have been talking for
since we opened. Uh the text messages actually prove our willing to work with him. If you read the text messages, you read the the response time on each text message, it's actually showing how we are trying to incorporate
and mitigate this issue. I think one thing before I start going over everything that was said is that we need to understand the right expectation here. So if the expectation is absolute zero sound, I don't think that's
realistic. We should all understand that some sound should be heard. Uh one event uh that comes to my mind, we received a complaint, we said, okay, it's very late after our closing time. He said there's
noise. The restaurant was already closed. So was the noise from outside. So we cannot control that. That's something we have to establish. We do not control that. Um, regarding uh how
we are working on this. Yes, the police department has been there several times when they were there. There were some officers that came uh like not in service and they there eating with us or drinking or whatever, not in service, of
course, and we received complaints. We we didn't write this down, but I'm sure we can find out who was the officer and you guys can ask them. And they said, "Okay, the sound is okay here." Of course, we understand the sound inside our restaurant, which is as we promised
before, it's you can talk over this. It's not overpowering. You've been there several times. And um my f after I review everything but just to anticipate that my my real suggestion is why don't you send people during business hours
that we cannot identify that came for that purpose. Just send people over as many as you want whenever you want and see how the music is inside and and test for yourself. I understand that inside his house it's it might be different. The the walls may be carrying the sound.
We understand that and for that reason we already applied and we already put money on. So because we understand even though the sound inside the restaurant is not that high we keep it like initially when we had the first we started doing everything and he would
confirm that we came and he said okay if you keep the we asked him to come downstairs before we started and we said will is this a good sound? He said, "Okay, G." And we have the conversation. You remember that. He said, "Okay, 50 or 52 or something like that. I don't remember the numbers, but he understands
what I'm talking about." He said, "Okay, this sound is good." Then when he was trying to sleep, I guess that sound was not good because then all the other sounds die off and you start hearing even the small sound. So I understand that. And he said,
"Jean, it's not good." I'm like, "We didn't change the sound, so it must be lower." We lowered We did this two or three times. Do you do do you recall that? Right. We did two types. We we we changed the agreed upon sound level
twice because we agreed to a level and then he said, "No, it's still not good. We agreed to another level. It's still not." So, we changed it twice to get to the level that he was comfortable. I understand that some music, some songs will come up with higher tone. I
understand. So, you're playing from let's say from the internet. I don't know, Spotify. And this song, this song here, this music comes with one level. The next one that we're not controlling comes with a higher level. So, I understand this variation and I believe
that this causes a lot of trouble for him. Um, I want to just go over everything that that was said here because then I want this on record. First, when we came, we said this is not a nightclub. It's not a nightclub. You've been there. It's not a
nightclub. We have a very peaceful family like restaurant on the first floor. And when I was here, I told you when you said what was recorded here by Will that downstairs would be more like a lounge place. I said that I never lied. I I if you have that recording,
you have the other one. I was clear about what I what I was proposing. Uh second, so that's not a nightclub. Second, sound expectation. As I said, I don't think zero is possible. So let's be clear and I don't think this is
possible for anywhere in the city for anything that we do. I don't think that's possible. That's it. And based on that, we will also testify that when we're trying to work this out, I said, will I can buy your place. Let's work on
a number. I can rent this place. And I understand that may this may come across cocky or disrespectful. I did not mean that. I was just saying okay whatever we need to do to make you happy and then we can be happy. I believe the way this was
perceived especially by his wife was that I was like driving them out of their home. That was never the intention. My goal was okay what can we do to come with a peaceful solution here. Um we did we fixed both doors
because they they would make noise for him. There's one side door that if it that is right under I don't know a bean or whatever something like that which I fixed that door. Is that correct? Cuz that was causing a lot of noise. >> That door >> unfortunately if you're speaking we
can't hear you. >> No, I'm sorry. Yeah. Is that correct? >> The first door was fixed. Yes. And then the weather seemed to cause another one that broke and caused a lot of noise as well afterward. >> And I came back and I fixed the second door. I have two doors fixed. I fixed the door so it doesn't bother him ever.
uh regarding the live music. We have a space for live music. We put on Sunday uh afternoon. So this wasn't a night was Sunday afternoon. He complained. What did we do? We cut it. We cut it because
he said, "Jean, it's Sunday. We're home. We're trying to be peaceful. We cut the music from Sunday afternoon." So it's not a night. If the ordinance is during the day, I don't know. The ordinance is during the day. you don't make noise during the day. So, we cut it on Sunday afternoon. Uh we lowered the speakers.
The speakers were located at the like almost next to the ceiling. We invested on that. Remove all the speakers from the ceiling. We put on the floor. Our speakers are on the floor on freestanding. We put freestanding speakers. Um we lowered the sound
significantly as I said before. Uh I said the subject uh he Okay. And regarding other text, I think not not trying to accuse anybody, but if you start building a case,
you increase the volume of the conversation. So, I don't think he's doing this intentionally, but of course, as you increase the volume of communication, it creates more uh the appearance that okay, the thing the situation is worsening. I don't think
it's worsening. I think we have a situation there. I believe is more about expectation. Um and then even okay oh and regarding the last event regarding uh when the the officers went
upstairs was not after they left or whatever they went they spoke to him. So it was not like oh they went they we thought they had lived and then we increased the sound again. That's not how it happened. The the way it transpired was they came they talked to
him they came downstairs when they came downstairs they brought Maria upstairs. So it's not like oh Maria saw the the officers leaving. Oh let me increase the sound again. What I suggest be before my suggestion what what else are we doing?
What else are we doing? we uh called a so to to try to mitigate this as much as technology allows today. So as much as technology allows today, we decided to increase the soundproofing
of the whole place. First we verified if there was any soundproofing. We had the inspector uh MTR come and and see for himself. There's already some soundproof insulation there. And then there's some
space and which also creates soundproofing and then the the the what is it called the shitrock. So there is some soundproofing already in place. We said okay we clearly this is not enough. We causing problems. We
understand that we're causing problems. We're not saying okay there's no merit to any anything that he's saying. I I just want to make sure that we all understand that expectation if it's zero sound then I don't think that's technologically possible.
Um we come in and we say okay let's do what is the best sound proof in the market. We did research we spoke to several different people. We found out that there's some material called mass loaded vinyl. Said, "Okay, how can we install
this mass loaded vinyl? Uh we had to lower the sprinkler systems. This is done." So the sprinkler contractor got his permit and did that already. Sprinkler systems are lowered. Uh now the mass loaded vinyl, we already pass all the cables that we need. We need to
lower all the electrical fixtures. So this is part of the process now. And then we're going to glue this this new insulation system there. Today the highest technology in soundproofing. And then we're going to
put another layer of sheetrock. So this whole thing should minimize the sound regarding the sound that goes through the walls. We're putting all those uh soundproving panels on pretty much all the walls. They are vacant. If there's a space to put one, we're going to have
one there. So there's no other place in the city of Chelsea that will have a better soundproofing and that's how I think that's all we can do and we are doing our best on this regard. Uh and we're committed to continue to do. So we are committed to
continue to work with Will like he testified that we have a good relationship. I don't think this what's happening here today this hearing will ever change that. I like the guy a lot. So we continue to work with him. I understand his frustration.
If it was my home, I would also be frustrated. So let's be clear here. But I would expect the person do exactly what we're doing. So I would expect from anyone that were if I was dealing this to do exactly what I'm doing. Uh
regarding clothes and nightclub whatever, I think many business have the same model. Uh you can go and visit several business in Chelsea. Uh I've had several discussions with uh Officer Santiago. He clearly instructed
me on what to avoid. Clearly, he was absolutely clear on everything. He helped us put together our uh handbook there. He reviewed all the the cameras. He instructed me on the speed to provide this these recordings back. and uh he
can testify that we've been working very close to to keep the best quality of business and the best situation possible for the city, all the patrons and our neighbors. So that's it. I'm available for any questions. >> Thank you. I appreciate you taking the
time to share um your side of the story along with what it is that you have been doing. Um I mean when it comes to uh noise the city ordinance and I would defer to um our assistant city solicitor
and Sergeant Chung on this um but it's my understanding that um the city ordinance for noise uh states that you can't hear it outside of the establishment I believe is the um way that it is worded.
It's outside noise. >> Um, so you shouldn't be able to hear it outside of the establishment. Um, now you're always going to hear I mean anybody in any community that has ever lived above a restaurant, you're going to hear a little bit of um activity from
the restaurant. Um, which I think everybody expects. Um, but it's different from hearing activity of a restaurant and hearing music where it sounds like the music is being played in your home. That's when there there is a problem if that is the case. Um and and
again that is if that is the case based upon the video that he had played with the sound it in that it sounds like he has it playing in his house which I think you could understand would be a very frustrating >> absolutely
>> thing to do. Um, now that being said, if your restaurant ha like with the work that you're doing for your soundproofing is great, but if you put in all of that soundproofing and the music in the establishment is being played at too
high a volume, and I don't know this because I have not been there, sure, >> but if it is being played at too high a volume, >> that soundproofing is still not going >> absolutely >> to fix the problem. >> Yes. um which if if you are indeed
running the family restaurant that you told us, you don't need to have music at a volume that is going to be surpassing the soundproofing. Um I I will share a personal opinion based upon all of the
um marketing that I have seen from your establishment on social media. Doesn't look like a family restaurant to me. Um and you're you're commenting on the nightife. um and and the Chelsea underground um in your social media
posts on Instagram, which I saw that and immediately went he's doing exactly what I said at that meeting that he was going to do. >> You should come and visit. >> But but do you understand how that >> Absolutely. But just to be sure, >> the way you're advertising your business is completely against what you told us
you were doing. >> I I have to disagree. I was clear that upstairs you would have a meal and downstairs would be more like a lounge. I was clear that's on record, but I would invite anyone to come and visit
and then you'll see, okay, oh, I understand what's going on here. I would really invite you to come and visit. And again, I still insist that you should send people over the undercover and see this and then we'll find out because
it's hearsay. But if you do that, send as many as often as you want and let's check this out and then the conversation ends there. I think that's the best approach. The police is here to do that. You guys might have other people that can assist and then this the
conversation should end when you do that and you verify you call me back here say aging we did it. >> I mean go ahead Anneil. >> Um I have a question regarding u if it is a family restaurant how come the music has to be loud? >> The music is not loud. So you're
correct. according to the complaints uh from the neighbors uh you know if it is a family restaurant then shouldn't be a love music >> and I agree >> you know if if you say you work with with them >> regarding the sound and you put it down
twice but uh still this is a family restaurant the music should be too loud >> I agree and I what I disagree is that it is too loud I believe the structure of the building is carrying the sound up
and that's what we're addressing. I don't think it's the case that the music is too loud. I believe the structure of the building is carrying the sound up to his apartment and that's what we're addressing. >> Which obviously we all have different opinions. I can tell you that a lot of restaurants in our community play their
music too loud. I I have sat in numerous restaurants in our community um where I've sat across from a friend and I can't have a conversation sitting at a little twop because the music is so loud in the establishment that we leave the establishment and bring our business
elsewhere because we can't talk. Um which we would have continued to purchase food and drink from these establishments and then we end up not going back to them because we can't talk to each other. Um, and maybe there's some people in the community that they
want to go to a place where they can't have a conversation with anybody, but I can tell you that the bulk of the residents in the community want places that we can actually go enjoy the food and drink, enjoy the team that's working there and providing hospitable service and enjoy the company of our friends and
our neighbors. And we're finding there's too many places in the community where you you just can't do that. Um, and it's it's disappointing because it ruins the experience for us to enjoy all these establishments and support the local business, which I I know I want to
support local businesses, but it also ruins the environment for those that live around the establishments, which is what we are trying to prevent. So, of course, >> I do appreciate that you are putting um the time and money into the soundproofing, but I think it's very
important to ensure you are running the type of business that we have talked about from the very beginning when we were first granting those licenses. >> Absolutely. One thing that I need to emphasize is I'm already extended the the invitation twice, three times.
>> Come over. Come over and see if the music is too loud. You come over and see if the music is too loud. Don't let me know when you're coming. Just show up. Just show up. And then all this argument will end. So this argument is new. It doesn't doesn't bring us any further.
Come over. Don't tell me when. Just come. And then next time when we're talking, you're not going to suggest that restaurant is not a family restaurant or that the sound is too loud that you can have a conversation. You will testify of what you experienced. >> So it's not a speculation anymore. Just come over and then conversation ends
there. Uh the other question that I would like to ask you about is is you did mention that um your daughter who is the manager on record um has been um ill and unable to perform the job. Did you notify the city at all? >> No, I have not did not know that issue
but I I will do that >> in the rules and regulations um one of the things that you need to do is communicate with the city immediately if there are any issues with the manager on record. Yeah, we didn't expect that that they would extend to this long. So that's why
>> under understood understood. Um, anything else for my fellow commissioners before I go back to the police department? >> Can you turn on your microphone, please? >> Sorry, I was coughing earlier. >> It's okay. I did it earlier. >> Yeah, I want to clarify their amusement
and entertainment license. So, it says here they have eight TVs, two radios. Do you know how many speakers you have in your restaurant? Just >> right now, right now I do because all the the speakers that were using before they were turned off. So now we have
two, three speakers on freestanding on the first floor >> and maybe four on the basement. So that's it. Speakers, that's it today. All these speakers, we had multiple before and we turned them off. They were decommissioned. So we just have three
upstairs >> and they're allowed to have a DJ and live shows. >> Okay. Does live shows include dancing or just events? Okay. >> We do not have dancing. No. >> All right. I just want to clarify what your license >> and on live shows when you come you'll see a little space there for that.
>> What we had on that day and we have video of that. There was one guy on a piano >> and you're referencing that platform that's been there in those prior restaurants. >> That's correct. Exactly. We put some glass in there. There was one guy on a piano and was during the day. It was a
Sunday afternoon. We we experienced with some brunch. But again, we we did not think that that would disturb him. But he said on that day, he called me. He said, "Oh, Jean, I can I can hear the music here." We cut that off. So,
>> and you had your grand opening in November, correct? That's when you officially opened. >> I I can't really say, but I believe so. Yeah. Okay. >> It was the end of November. >> November 28th. >> November 28th according to the social media here. Okay.
>> All right. >> Those my questions. Thank you. Anything um else? Any >> Mark? When is the soundproofing installed? >> So, uh right now pretty much we're finished. As soon as uh the electrician
is done, we start the other process. So it's just a matter of coordination with all the contractors. The first one was the sprinkler. It's complete. Now the electrician, then we can do the next phase. >> Timeline phase. >> Uh 3 weeks, three weeks, four max should
be complete. >> Okay. Thank you. >> Permit was issued today. So uh sprinkler got his own permit and complete that with the fire department. Our permit for this kind of construction was issued today. >> Thank you.
>> Um, officer Santiago. >> Yes. So, uh, good evening. Officer Santiago, Chelsea Police Department, assigned to the licensing unit and traffic unit, uh, under Sergeant Star Chung. Um, Jane, uh, I'm just going to start off.
You and I been straight up with each other. >> Absolutely. >> You came to me with open arms. tell me what to do. Show me what to do. You know, walk me through this because not too long ago, you said you'll be here and here we are. You know what I mean? Uh I'm not going to sugar coat it. He
followed everything to the letter. Uh I was very stern with some of the stuff. Uh I shared my my opinion with him about the Instagram pages. Um you have your way of thinking. We have our way of thinking. We have what we want to see as
as a successful business in Chelsea. You have your way. Um I think Maria has been the brunt of all of this who should be here tonight. >> Okay. >> Your manager. She's done a hell of a job for a person that's brand new and has no
experience. Um I know your daughter uh has been ill and you and I just been communicating. Um the gentleman here has brought evidence to everything that's going on. That's going to be for uh commissioners to decide what they want to do. Our job is
the other side. Um from my experience that dealing with you um I've been there numerous of times. The music wasn't on because it was early. I'm not going to hang around there till midnight. I have other things I have to do. Uh, so I
leave that to my brothers and sisters out there who are answering the 911 calls out there to report to us or to report to Sergeant Chun or Officer Mclofflin. Um, the times I have been there, um, it's not by surprise. I would call Maria
and I will call you, hey, I'm picking up a video. I'm dropping off a USB. She would have questions. Um, I would correct her. She would ask questions about the videos, security, where they where they're supposed to be standing, what they supposed to be
wearing, what are they supposed to be looked out for. My our biggest one of our main things is employees drinking while business while open hours. No employees shall be drinking any type of alcohol,
whether are they working, security, DJ, it's it's not going to happen. That's the first one that we got. >> Correct. >> The second thing is the dancing. You're not permanent to dance, I believe. >> No. >> But I can understand a little shake here
and there, but when you have people grinding and dancing, whether they employees or not, that's that's the other complaints we get. >> Do we have that >> that I've seen with you? No. Again, I'm just saying what we have seen is
>> um your advertising of drinking. So, I know you spoke, we spoke about this and you took care of that right away. So, um you have been forthcoming with everything. As for the music, the times that I've gone in there and some of the officers I know that have gone in there
to eat, they didn't hear anything. Again, it's Sunday morning, it's brunch, you had a guy there with a guitar playing low on piano, it's midafternoon, you're good. We're talking about late in the evening where they're trying to sleep, but they have to wake up on the Monday morning and the
walls are vibrating. I do believe something with the with the building. It is old. It's the bones of that building that's shaking, but that's not for us. You know, our our our job is just to go and take care of what we have to take care of. Um
I I you have made the improvements. You invested the money into your business. you invested the money into the city of Chelsea and I want to see you prospire even more. We're not here to make your life a living hell about every complaint that we get.
>> Appreciate that. >> Our job is to try and help you so you don't get here today. >> Absolutely. >> We I think we said that when when was the last meeting we have with them? Was back in November. >> Maybe >> July 14. July 14th. July.
>> Here we are. But that's between you guys. But here we are. Okay. Uh I think you're very respectful to your neighbors. You care what they think. You care about your employees. You care about your local police department. And you care what's going on. Um you came up
with many solutions. And we're going to have we're here to help you and but you have to help your neighbor, too. >> Absolutely. >> Okay. and which I think you're doing and I can understand you're frustrated with some of the stuff and money is pouring out your pocket to pay for the installation for the soundproofing
because that stuff is not cheap. So, but uh just keep doing what you're doing until further notice. That's all I have. >> Appreciate that. Uh officer, one thing is I'm not frustrated on doing this. We're happy to do. So, let's be clear. I'm happy to do this. I'm happy to work
with you guys. You are outstanding on everything he did for us, guidance, everything. and to work with our neighbor. Really, as I said, I really like the guy. He's super respectful and we respect that the whole conominium there. We want to do something that we don't we're not disturbing them at all.
I want to make sure that we are clear on this. I don't think zero sound is possible anywhere. If that is the expectation, we might as well close that business for anyone. So, we need to be clear on this. Zero sound should not be
expected. We should have something that everybody says, "Okay, this is reasonable." And I believe he's super reasonable. I really believe so. So, I'm not anticipating further problems. I'm expecting actually that with the soundproofing and then we come back
together, we regulate the sound volume, we test the volume downstairs. Uh, by the way, one extra thing. So, I'm done here. I'm trying to find some sort of uh sound measurement that keeps a record
for a month or so that keeps a record. And this way when I sit down with him again after this whole thing is done, I sit down with him and we agree to a volume that he's comfortable and we are comfortable up downstairs that I keep a record just the way you have a record of
all the videos that are going there. We have a record of that sound volume. And if he's at the end, he says, "Okay, Jean, let's say just give an example, 50 is okay." And then I have a record that I never went above 50. So that's I I instructed one of my employees to find
this this equipment. So I am really thinking ahead of this. Don't think I'm just sitting there. >> I would just like to bring this back to the commission for a vote because this is a public hearing and we're like leaning on the side of a disciplinary hearing. So
>> yes, thank you. appreciate that and I appreciate again you taking the time to share your side of it. >> Thank you. >> Um so um the decision tonight is whether or not we want to um request to have any u further
investigation done. Would you I see you just waiting to press that button. you the commission is not obligated to render a decision this evening. the commission can in its discretion based
on the evidence presented uh or the testimony presented um or the statements not testimony they weren't sworn sorry um the statements provided the commission could continue the matter for followup you know uh at the next hearing or you
know in 30 days um which you know might be prudent given the timeline of three weeks to install the installation. It might be an opportunity for the parties to further work together. Um, this is an informal this is not a this is just a conference. So I'm not standing on form
in making these recommendations or suggestions to the commission. It you know the parties anecdotally as a litigator I know how it people can become very divided on an issue when they feel not heard or you
know uh respected or you know that that the other person is not in compliance with what we what we believe the agreement to be. Um I think the parties have expressed a willingness to continue working together. I think I you know I think that that's prudent. Um and
to the extent that the there are steps being taken to address not it it's going to be impossible to eliminate all noise but to the extent that the parties can between themselves
arrive at an equitable understanding that would be the desired outcome I think just as neighbors. Um, and so I'll get off the soap box, but the commission could just continue the matter and check in in 30 days to see
what the status is. >> Appreciate that. >> Sorry. >> No, not at all. I saw you just itching for the the mic there. Uh, >> uh, briefly and that way we can continue. I >> actually had one question. Um, what time
is the like? So, if their license for entertainment goes to 1:00 am, are they allowed to go all the way to 1:00 a.m. or do they have to start shutting things down before that? >> They are allowed to go until Okay. 1 a.m. Yes. >> Um, and the other piece was uh, you
know, we appreciate the stopping of the the live music of the performer with the guitar. Um, he had amps that were so big that he could play outside. Like that that particular thing was what was shaking our glasses. Okay, that's that performance of that one person playing
guitar. So, you know, it's it's not just strumming. Uh, it's has three large speakers, one of which is like it probably a 14inch woofer. I don't know if you guys know about sound stuff, but that's pretty large. Um, so you know, we appreciate that he canceled it right
there, but I don't think that it's their intention to not bring it back. So if that guitar player comes back, he should come with a small amp, not something that can be played outside to a group of a thousand people. Thank you.
I appreciate that. Um, that being said, what I would um propose is um to ask the police department um to um kind of check in um see how things
are going over there volumewise um and um if um um to can communicate with the police department the um continued timeline for
getting that uh sound installation installed so that way they can do another check back in and if we and have an update at our next meeting. Um, I would also ask for um the police
department to be looking into um if we are in violation of um the manager of record um or or anything of that nature that should be being brought to our attention. Um hopefully um your
your daughter feels better quickly and is able to um be back at her duties, but if not um you need to make sure that you are working with the city uh to handle that appropriately. Um so you are in compliance. >> Uh so when the soundproofing is finally
installed, I would like a coordinated effort. I I'll send Officer Santiago out. I want Will to be there. I want Jean to be there. I want Will to be upstairs. I want the police department to be upstairs as well. The police
department, another officer downstairs with Jean. We'll test the volumes. We'll test the soundproofing and we'll bring it back to the board. So, it's everyone's there, not just everyone downstairs. And it sounds okay because it's sheltered, but upstairs what that
sounds like with the new soundproofing and everyone can just communicate and correlate that way. I think that sounds like a plan. >> Just to be clear, he has a lounge in the basement and music on the restaurant. So, he's
got two levels. So, we will have to Are you soundproofing, Jean? If you want to come up again. You're soundproofing the basement area or the restaurant as well? All everything all together. So uh the MVP
that vinyl the mass loaded vinyl only on the first floor on the basement we realized there is some uh what they call rock soul it's like a a green sound insulation but it's not enough and the ceiling is in a metal. So we're going to
remove that metal put more rock so and put rock. So for the basement, the for the first floor, the plan is uh mass loaded vinyl and another level rock. So one extra rock layer for the basement. Remove the metal, increase
the the the insulation for with rock soul and put uh a rock instead of that little metal thing. >> Like I said, he's put in a lot of money. All the material you just talked about, you're talking about thousands of thousands of dollars. All
right. I'll be happy to do a followup with Jean. Um there's other things that I have to talk to him about that we want to talk about here. Um but I'll have a report for you before the 19th of March. >> Appreciate that. Are my fellow
commissioners in agreement um to um make a motion to close this matter u or uh I'm sorry, let me rephrase that. uh to continue this matter for an update at our next meeting.
>> I I'll agree to it. Um >> I do have one. >> Something else that you would like to do? >> I see here printed a couple of uh call logs from the Chelsea Emergency Commun Communication Center. Um would you uh
sergeants have like a number of calls from since their day of opening? Do you have that, >> ma'am? What you see in front of you or are just all the call logs? I think it's only all of them. >> I think it's just been four or five. >> Okay. All right. So, it's only four or five of these calls. All right. I'm
curious to see how many more emergency calls will come because of the noise complaint, but then again, knowing that they're going to fix that problem within a month's time. So, I would like to keep it open if that's okay. >> Anyo, your thoughts?
Um, regarding the music again uh you know if you can work with the DJs maybe the DJs are the one who given this problem time to you know put the music lower maybe that way he won't have this
problem here um regarding u >> we're we're gonna so we should keep the case open then >> yeah we should keep the case open and >> u and see how it goes >> and and then so the >> officers can go and check the >> So, all right. So, we'll keep it.
>> So, I I made a motion to keep this open for an update from our police department at our next meeting. Does anybody want to second that motion? >> I second that. >> Okay. All in favor? >> I. >> Perfect. Um so, we will um get an update
from you folks next month. Um good luck with the um construction work um and Hopefully things are a little quiet in the meantime while that work is being done. Um and we will u hear back next
month. With that, um moving to the final public hearing this evening. Uh we have a disciplinary public hearing to consider revoking, suspending, or modifying the all alcoholic beverage on premise license and amusement and entertainment license as to the
non-compliance to the rules and regulations. 2.12 2.14 of the city of Chelsea Licensing Commission in regards to police report 26-000048 to uh Yama Entertainment LLC DBA Populus Tapus and Bar at 11 Everett Avenue,
Chelsea, Mass. >> Good evening. Antonio Lama 164 Bloomingale for Palustapas and Bar. Uh, thank you for joining us this evening. Uh, to start, I'm going to ask Sergeant Chung to share with us um her findings
as to why we have a disciplinary matter before us this evening. >> Hello, Tony. Long time no see. Um, this is stemming from uh back in December, the end of December. On December 19th, a call back request was sent to me by
patrol division at the front desk for a complainant party who wanted to remain unnamed. Uh I called this complainant and identified the reason for their call. They wish to be anonymous and they wanted to bring possible violations at two license establishments to my
attention. I advised them I'd be away on leave so to send everything for me to in an email. following day the um the email was sent from the complainant um and quoted below. I'll summarize the email
um hello Sergeant Chung, I don't want to be the person that's giving you this information. Uh but they feel like it isn't fair that they're doing the right thing and everyone else is doing what they want and not getting in trouble for it. Um, moving forward they address to which I mentioned earlier that it was
unsubstantiated in regards to uh apparel. Um, and the other video is is of populace uh in which they mentioned it was overcrowded. Um, they mentioned a female
go-go dancer who has uh their bottom exposed. Um and they mentioned that there is a video footage of the employees which are the waitresses and security grind dancing on each other. Um and people dancing around in which the
uh an establishment that does not have a dance floor. Um the videos came off of social media from the DJ assigned to populace allegedly. So, uh, when I returned on the 30th, uh,
the email was reviewed and I responded. Um, the video evidence was also submitted. Um, and the following violations um are alleged. SE section 2.12
standards of conduct on the premises which is forbidden to employ or permit any persons in or on the license establishment while such person is unclothed. Uh this violation unclo which is uh the areolia areola of the female
breast or any portion of the pubic hair cleft of the buttocks or genitals. This allegation um was observed at this time based on what was sent. Uh the second uh issue was the grind dancing and they
also mentioned and responded that there was a big New Year's party. Um the evidence was sent which I'll play and the uh other alleged violation is section 2.14 injuries to person at the premises
licency shall instruct their employees and security personnel that they are not to make bodily contact um except to protect patrons or themselves. So, we did request surveillance video from populace, which I sent officer
Santiago to do to investigate further. Um, and we also notified the law department. Officer Santi, I'm going to pass it over to Officer Santiago um to who's going to mention his supplemental narrative and then we'll get into the submitted video
evidence from this complaining party. Good evening, Officer Santiago again, Chelsea Police Department. Uh, so I was assigned to this by um, Sergeant Star. Uh, nominous complaint filed against Populist Stopas at Five Ever A, Chelsea,
Massachusetts. Um so on the assigned date I responded to populace bar and spoke with the manager um that night um um Daisy and provided a copy of the official video request form. In return she contacted
Mr. Llama advised him that I was there for the copy. Um Tony wasn't available at the time but he was available by phone. Um Tony without hesitation says just tell me what you need, what dates and time. I told him and I left a copy there. Uh
while while on the premises I conducted a a a somewhat of an of a um up-to-ate inspection. Uh Tony has been up to code. We haven't been there. Uh we haven't received any complaints um about populas
at all. Um there was a couple minor things that I I observed u which I told Tony in return uh which Tony and Erica took care of it and one was the national law had to be posted correctly above the
bar by the bar area. Also, um, we talked about some of the cameras. Tony did tell me one of the cameras, uh, was not working, which is the one you when you first come in up the stairs, that camera, he calls it a dead camera and doesn't work anymore. Um, we also talked
about security. Um, security comes in at 9ine, I believe. And, uh, when I came in, there wasn't security, but there was girls working. It was it was pretty much not dead, but it was kind of like starting the night off for them. Um, Tony security guys got
to wear red shirts. They say security in the front and the back at all times. Uh, Tony didn't like it. I don't blame him, but that's just the rules. We had that in there for a very long time. There's a reason why we have security. If we have to look at a footage, we can identify
who's the security personnel. Same reason um, who's working behind the bar. Um to go back to um to that um couple days later I Tony contacted me told me that uh he's got the videos ready. I
went retrieved the videos. When I did I saw the security guy working. I asked him what his shirt. He says Tonyy's working on it. He just ordered a couple of shirts for us. Uh there was only one security. I think you have two. I don't know. But um couple of concerns that I
had when doing my inspections was it was I don't know if anyone's been to populus. Um, it's up the stairs kind of tight. I counted about 42 chairs and tables. Uh, I've been there maybe twice when there were people there. Never been
there uh for overcrowdedness or anything like that. Um, the potential that I see is the second uh door on the way out. It's a lock bolt lock door. My opinion, I was going to confirm this with the fire department. It should be a push
bar. Uh, everybody remembers what happens in Rhode Island with that nightclub fire. That was one of my concerns, but I'm not a fire person. I'm a cop. So, um, that's I'll leave that to the powers to be. Um, to go back to the video, I brought back the video. I
observed the video. Uh, Tony provided what, uh, I needed for the 17th, but a lot of the video was kind of fuzzy and it wasn't as clear. I don't know if it was because it's too dark and stuff, but there was one that was facing the door,
both doors. Uh there was one that was facing the bar that was in color that was uh I believe that's the one that faces from uh the black sofa. If you're looking if you see in the diagram, it's the back
door that faces the bar area. It's kind of like fuzzy, kind of like in color a little bit. I know cameras are expensive, so I'll leave that there. But I did see a lot. I tried to count. Sergeant Ch was with me. We tried to
count how many patrons were there. I lost count up to like eight on that day. Um, but they're in the occupancy. They're there for I believe >> 135.
>> So that said, that was kind of concerning. a small pace and when I lost to count to 80 I got I was like oh I need to prove it it's not me but it made me think like this could be bad at some point god forbid medical emergency or
something some type of disturbance may happen our guys are going to have to respond there along with fire whoever so that I'll leave that there as I went forward uh I looked for the what Sergeant Tong requested I didn't see it
I didn't see the security uh where I couldn't even identify who was security that night. Again, this is after I asked for the the the shirts even though it's in rules and regulation
a while ago. All establishments must be wearing that shirt. Um I didn't see that. We pushed forward to the 31st, which is New Year's Eve. Uh again, uh black and white. We had a balloon there. I told Tony about this. There was a
blown block in that same camera. Was it done on purpose? No, I don't I don't personally believe it was. Is this New Year's? There must have been the girls must have been decorating whatever. But again, to me it looked over crowded. I'm not going to sit there
and count person all that. I lost count. So I showed that to Sh as well. wasn't pleased with the videos that she saw and instructed me again to contact
Tony and see if he could get better camera angles more clear to improve it. I did. I contacted Tony. Tony again without hesitation. He took the USB. He uh tried to do it. Tony return uh told
me that he couldn't give me the 17th because it was passed that game gave me the 31st. He got the 31st again. It was all black and white one spot. I can barely see. I saw shadows. I can see
again that um I didn't Uh, I couldn't see anything because I couldn't get the video with the alleged grinding and the party and stuff like that. I couldn't see anything on that. I could identify who was the girls working because all
the girls wore the same outfit. It wasn't hard. I couldn't see security, but I didn't see Tony. Tony was was there present walking around. It was a party, so he was there celebrating with his employees. Uh, I didn't see any of the staff members drinking, but It was
dark in black and white. So I don't know. Um so in return I I I couldn't investigate any more without actual video of the incident of what that person said
they got. So with that being said, I gave the USB back to Tony. Tony again tried to go back to his files, tried to get it. couldn't retrieve it and here we are. >> Uh, one quick question with something
that you just stated. Uh, I was about to make myself a note to ask, but then you you paused, so I apologize. >> Um, so you stated um that um Tony was there celebrating with his employees and then you stated that you didn't see any
employees drinking. Did you see Tony drinking? >> Um, I saw Tony had something in his hand. I don't know if it was alcohol. I didn't know it was cup soda. I don't know. But it was a straw glass, but um if he was
there, I don't know if he drink was he wasn't. He did have something in his hand, but it's what I can prove. >> Um, and I ask that because even as an owner, if you are working, you can't be drinking. Um and so owners, managers,
when when you are on the clock and you are the one who is in charge of um the establishment, um you can't drink in it. Even if yeah, you own it. And so in your head, yeah, if I want to have a drink, I can have a drink. If if you are actually the person
who's overseeing the property on that given day and time and you're not there as a patron of your establishment, um you can't be consuming alcohol while while you're there. >> Sure. I agree.
>> Um so I'm sorry. Um just to go back a little bit, um with watching the footage and stuff, um I think I expressed my concerns the overprovidence also. importance to see now that you see to identify who's
security. We need to that I mean that's one of the things the chief of police was adamant about when he came up with this. At first he wanted to make every bar everyone wear pink shirts. So we I think Nicole and I myself talk him out of it and so just go with the red shirts. But
he didn't care. He he he had his experience for over 30 years dealing with the bars working in the city. He's seen a lot of bad stuff that happened throughout his career. So that's one thing that the chief of police wants is every security, legit security, wearing
a red shirt that says security and it's easy for the officers to come to that scene for whatever reason. So make sure we have that and the overcrowdedness. U I was concerned with that. Sergeant Chung um she was really concerned with that. She was more upset with the not
getting the footage that she requested that. So either a to clear populace alations or B we find the holdings in some type of violations. So she's very neutral when it comes to this and as a fact that we didn't get what we needed
it put her in between a hard a rock and a hard place put us all in because we can't clear you but we also cannot deny that it was any violations there. >> Um so before I go into videos the the issue the issue that I had with the
videos were they were of poor quality. Yes, they were working. But when my understanding of working video is I can at least see faces and I couldn't determine anyone's faces because it was black and white and it was gr like very very granulate. Okay. Um maybe that's
the the night vision or whatnot. But like even night vision usually has a green tint and I didn't see that because when the night vision pops up I can kind of make out the details of the faces. But these videos that were submitted, and I don't know how long you've had
your videos, but they um it probably would be behoove you to maybe update the cameras a little bit just to so that way we can make out what's going on in your establishment when I can't tell. Like Officer Santiago said, I can't
clear you. I can't, you know, discipline. I can't clear you. you know, you you might as well give give us nothing at that point because we can't really even tell even when you give us something. >> Um because it's it's it's grainy, it's blurry. Um again, you know, it would behoove you to
update your your cameras. Um I do have that video evidence. >> Okay. Before you play that, um Miss Christmas had a question. >> I have a a followup with Sergeant Santiago's comment about overcrowding. Uh right before the meeting started, we
presented two occupancy permits. One that stated at 11 Ever Avenue was for Marlene's uh restaurant bakery and the occupancy load was 48. But however, for
the most recent on the twotory Mason at five Everett Avenue populace tapas bar, the occupancy load is 135. What I'm kind of confused is the license for populace says 11 ever a. So which is it?
>> I can I answer that? >> So that bakery years ago was only where our kitchen is. >> So there's three floors. It's basement, first floor and second floor. Popular stopas the whole thing. Uh but mostly is
the second floor which is the dining room. the bakery was only downstairs. That's why there's a big difference. So that was only the first floor where the bakery was populous now is you know that downstairs plus the main dining rooms
our total capacity is 135. >> Uh so following up on what Alex asked, we also have an occupancy permit for populace. uh that states the first and second floor uh so uh restaurant with first floor
kitchen and second floor seating and it is for 48 people >> that's when I just bought the business >> so what changed >> they didn't they didn't use a second floor >> so but this was giving you permission for a
second floor seating with only 48 people so what changed with the property that peritted a change in the occupancy permit from 48 to 135. >> We installed in sprinkler system. They had the size, but they didn't have any
sprinkler system. And because it was on the second floor, they couldn't really count it. So, we spent like $80,000 put in a sprinkler system. So, the capacity could be right. And now it's 135. >> Does it make a difference that it says it's located at five Everett versus 11
Everett? >> It's the same. It's the same location, has two different doors, so two different addresses. 511 Everett Avenue is both units are one. >> The second egress >> is it is it because it's on a corner
>> or is it you have two separate doors, two different addresses? Is it because of its location? >> Three different doors. >> Is it because of its location that you have two separate doors on two different streets? >> I'm sorry, say that again. >> No, it's the same street as a corner building. >> Okay. >> Indeed, it is a corner building. It
extends from 5-1 get to. All right. So, thanks. >> Okay. >> So, the sprinkler system is what the building didn't have, and that's why they couldn't go any higher than that. >> So, when I bought it, I had to take whatever capacity they had before, but they didn't have a sprinkle. So, I we
installed a whole sprinkle system both everywhere, third, three floors, and then for we qualified to get the right capia capacity because the place is bigger. >> But even In reading the occupancy permit from when it was the restaurant and
bakery, they had permission to occupy um the second the second floor there. >> Yes. But there was no sprinkler. >> It just it seems like an awful lot of additional bodies to add
and obviously somebody approved this >> of course. Yeah. But it it just seems like an awful large increase. Um to only have had sprinklers be the change and not have some additional square footage
in in my opinion to to have a big jump like that. >> If it if it helps to inform legals consulted with inspectional services and the 135 number appears to be accurate. >> Thank you. Appreciate that. >> It's a big space. That's why we were
able to invest on that kind of money to put the sprinklers because the place is big but because there is some coding because it's a second floor instead of a just first floor to the street uh you know and they they were using basically the the first floor there was really
nothing upstairs absolutely nothing and that's why we said we can if we can increase the capacity let's spend the money but the it was basically for coats and the sprink sprinkler system, but it's a big it's a big difference. That's why we did it. Yeah. >> I'm satisfied if legal can follow up of
ISD. >> Okay. Yeah. >> So, do you have a 135 chairs for for for the people that >> 135 chairs? No, we have less chairs. There's more capacity because people can stand. >> So, just stand people
>> sitting. We probably have like 60 65 seats somewhere around there. But there is no there is people standing. There is more room. >> And how many employees do you have working on a given shift? >> 10. >> 10. And that includes in the back of the
house. >> Yeah. Uh no, back of the house is one person, but it's in the first floor. 11. >> But it would still be part of your occupancy. >> Yeah. Yeah. Yeah. Still part of the 55. I mean, they were they were counting around 80. 55 people below capacity is a
lot. Well, he said he stopped counting at 80. Yeah, >> he didn't say there was 80 people in there. He said he stopped counting at 80. Just just to be clear. So, you weren't necessarily 50 below that cap. That's just where he gave up. >> I don't really think we have a problem
with capacity there. There is uh it looks proud of because we have tables uh there are columns in the middle, but it's not because it's over the capacity for sure. >> Well, it's a safety concern. That's why I brought it up. Sorry. It's a safety
concern. That's why I brought it up. But we're going to look into it. So, it's fine. >> We have clickers, too, at the door. So, if we think it's going to be busy, we use the clickers. But we we haven't gone over 110 in a very long time. So, >> okay. See the fire.
>> Okay. Uh, Sergeant, if you wanted to show us the video. >> The complainant party provided this Y >> correct. Correct. >> Do we also have video from the owner?
>> The owner has his his thumb drive returned to him. He has it >> and we don't have a copy of that. >> We do not. >> It was returned to him to re-upload it in in full because the original one was inadequate. And when he returned the
thumb drive, um, he alleged that to create space for it, he removed the original footage. We were missing a view which was the bar view. >> So, >> so we the one he initially sent us was the two doorways and like the lounge
view >> of this space. >> Three. Was that three cameras? >> Correct. Okay. And we needed also the bar view because we couldn't count fully way yonder cuz the bar view in that
lounge view was in the deep far side um darker area of the c of of the view. So as to not memorialize it twice um we we always return the property which is the thumb drive back to the owner especially
at the end of a case we gave it back to him with every intention he would supply us the missing footage. So when upon doing so he cleared this he'd mentioned to officer Santi he cleared to create space for that missing footage
by I I guess ultimately overriding it >> by overwriting the the prior >> overriding the only copy from the 17. Correct. >> Did you did you advise him or inform him that the investigation had closed? >> No. >> Why would he why would he overwrite evidence?
>> I don't know. Um he he well he did mention afterwards that he thought we memorialized it. But when we don't have complete evidence, we don't memorialize it because it's it would just be a waste of time. >> For the chain of custody purpose, I like the evidence in full so that way we can
create a property number for it to memorialize it. >> Um submitting it half-hazardly is just >> I understand >> just pointless because then there's not it's not going to paint the picture of what I need to present. Do we know how many cameras are um in the
establishment? >> I'm unaware. >> Do you have it? >> So, uh I'm just walking through it. There's one when you first walk in up the stairs. That's the one that said it doesn't work. I believe there two
about seven. One that doesn't work that came when you walk up the stairs. Actually all together I count eight >> seven seven are functional >> plus exterior >> uh nothing outside >> just only when you come
>> aren't licency supposed to have outside of their >> 360 >> 360 >> out outside of the establishment >> interior exterior >> including the rear door if there's an egress >> so the entrance and exit both have cameras uh up the stairs has one camera
uh the bars have three There's one that's facing the cash register. There's the one that's uh that you see the bar completely, the one that I talked about. Uh and then um there's one I believe that faces kind of
the bar, but also to the >> one I can explain to you which ones we have where exactly I'm more familiar with it. >> Yes. But before you do that, um do you feel that the cameras in the establishment adequately cover the establishment
>> but he has them posted is actually >> if if the video was actually of the quality that could be looked at. Do you think that the location >> that he has the cameras are great? I mean for his establishment he's for a small establishment he's got a lot of
cameras uh for the quality again that's up to Mr. to purchase better video cameras, update his information, update the program, all that stuff. But the position where your cameras are at are actually adequate.
Everything that we need, but there's nothing outside that does the 360. >> So it it sounds like you have them in the places that they need to be. It just sounds like the quality may not be. So what is >> I have eight cameras. One of them is on
the register. So, it's only seven that counted that we were required to have. That's what we are required to have on the areas that we were told to put them. One of the cameras, the last camera I gave him, I saw it afterwards and it it looks kind of great because it was the the settings on on the camera which we
fixed, but I might uh change that camera too because it's a little bit older. The other ones have good video. It's all depending depends on the lighting of the place. Um, so that's that's the one camera I I think I
want to change. The other ones are fine in my opinion, but it all depends. And what happens is they couldn't see the video because in New Year's we have balloons and one balloon started flying around and then it position right in front of the camera where they wanted to see. They asked me for three cameras but
we have seven. So the three of them uh you know two of them show what they have to show and the other one was covered by the by the balloon. But I I I don't I don't have a problem changing one of them because it seems a little you know old and they're all color but that one
looks like black and white for some reason. So I can't replace that one. >> Now I would state uh you you just referenced that uh the quality of the other cameras is good except for you know when the lights go down. Well, if your establishment regularly has the
lights down, you need to have cameras of equality that can record and show what's happening in your establishment with the lighting that you have in your establishment because it doesn't do us any good to have cameras in there. If your business is operated with the lights turned down and we can't see
what's happening, >> I can see >> if if we can't see when we're reviewing that footage what's happening in that footage, >> then it's not in compliance. Does that make sense? >> Yeah. Yeah, it makes sense. >> Uh, Sergeant, if you want to show us the
video. I'll piece I'll peacemail it. Um I'll I took some still shots of the individuals so that way you can know um the ones that we are highlighting um from the complaining party. Just so you guys are
aware, the video that I'm about to show is called is called a real, an Instagram reel. And for the public and the commissioner, how that works is um a real is like a a story on Instagram
um shot via a cell phone through the Instagram app. And it goes through a short clip, but it's like a story. So, it's like perpetual, right? at any time you submit more to the reel, it would just be a continuous timeline. So, as
you as you're watching, you're going to see the different segments because the this is not a continuous recording. This is some someone's from allegedly a DJ's profile that they were just capturing in the night as it went along. Um, the most
thing I could say it's just chronological to the night, not necessarily chronologically to the second. Does that make sense? makes sense. >> So, you're going to be um tracking a female wearing black attire.
This is just a secondary view of the grind dancing. This is um you're going to be tracking a male party sandwiched in between the two females. This is a facial view of that male party as cap as that's captured as a still
shot. And the last female in question is the one in the white dress. And now we'll play the video. wanted to address something. So, it appears that this video submitted was a screen record. So, when a screen record
happens, um the screen record itself is a separate app. So the individual who submitted it obviously pressed play or record on the screen record first flipped into that Instagram application and play began playing the reels which
is why you'll see the footage almost looked like it jumped because they wanted to show the entire reel of the night. So they had to flip back to the previous footage. Um because once you press play it just goes. So in order to do that you have to flip back.
That was a go-go dancer and question which we have no issues with. As you can see, everyone is dancing everywhere at this point. Um, we tried to navigate a dance floor, could not determine why. >> One second. Can you Can you just make
sure that door stays open, please? >> Yeah, I guess it's still open. Thank you. >> And that is the end of the video. Uh, according to the complainant, the male is a security guard and the um two
females are alleged employees. Um, we had to do so once we get allegations like this, we do look through everything. Um, as a result, we located a photo
of the male on the uh social media page from Instagram from Papulus. Um, looks like he's dressed in um semiformal attire. Um, can't determine if he was working that
night or not and nor his identity. Um, and that is the pretty much the length of the videos that we we've received. >> Uh, is there comments from the city?
>> I have um have some questions. First off, who's that guy, the general? >> He works currently as a security Well, it's not security. is is a ambassador. We never really had securityities because they work. They support the bar,
the waitresses, they clean tables, but they also check IDs and use the Wong to check people when they come in. Sometimes they they're in charge of everything is is a, you know, the restaurant ambassador, but it also tends to see, you know, the everybody's
safe and, you know, all the some of the security parts. What's his name? >> He asked what his name was. >> Oh, I'm sorry. Oh, I'm I'm sorry. I couldn't hear you. Um, he's David. David Moa. >> Thank you.
And what company does he work for? >> Works for Lama Entertainment Tapos. >> So, he's not a security guard. He doesn't work for a security company. He he works he works for us and he also does part part of the so-called security
uh uh duties but he also does other things not not only security >> so he's like a matrae that does security >> like a matra >> but he also does security >> okay um that was just based on the the
video with me as A preliminary measure, I mean a preliminary issue. You have a lot of dancing in these videos. Can you hear me? >> Yeah. We have a license for dancing by patrons and for dancing by performers. >> Yeah.
>> Now, none of them were working. They were >> Can you wait? He was still asking a question. >> I'll try and speak up. How's this? Is this better? >> Is this better? Okay. I'm gonna just speak and when I when I'm done talking, then you talk and then when you're done talking, I'll talk. Cool.
>> Yeah. Yeah. All right. Um the the problem that I see as a just as an initial issue is you don't have an approved dance floor. You can you have a license that says that you have the
ability to have patrons dance and employees or or you know uh entertainers dance, but that's only on an approved dance floor. and you have never been before the licensing commission to request approval of a dance floor. So, as a preliminary
measure, you're in violation and your entertainment license is should be suspended pending request for uh an approved dance floor. >> All right. So,
we could take a few tables out and make it a dance floor. I didn't know there was a license for a dance floor. >> It has to be on an approved dance floor and you don't have one. >> I didn't know that when they give me a license for >> Sir, that's actually stated in the rules
and regulations >> and and whether we suspend or the ABCC suspends, you you may you may not continue the activity. I would request as a preliminary measure that the commission on motion vote to suspend
pending obtaining an approved dance floor. I have a question. When you when you apply and renew your entertainment license, there is no option for dancing floor. It's only for dancing for patrons or >> you have to appear before the licensing
commission to get an approved dance floor. They have to submit a diagram and get it approved by the licensing commission in order to have an approved dance floor. >> Well, we've been there for six, seven years. I don't remember, but I will I will definitely get into that right away. Please do. So, the the way the
rules state, um, you can get approved to have dancing, but you only get to do it if this board >> has reviewed your plans >> and approved an and a set dance floor on your property. That's the only time you
can actually do the dancing. So the board can say yes, you can have dancing, but per the the rules and regulations that you should have a copy of and you should be very familiar with. >> Um those state that there has to be a dance floor approved by us in order for
the action to take place. So, it sounds like a prior board gave you the approval to have dancing, but then prior to you actually doing that act and allowing the dancing of patrons and entertainers,
um, you should have come back with a floor plan of your establishment >> and this board would have approved or disapproved the dance floor. No dancing should have been taking place until that time. Now, if it's been going on for
however many years you've been open, that's just because nobody reported anything, so you didn't come before us. So, now that it's brought to our attention, we have to make sure you are in compliance with those rules and regulations or we are not doing our job.
And our job is to enforce the rules and regulations of the city. So at this time based upon what we see in that video and the fact that we have no record of approving a dance floor then you are in violation of those those
rules and regulations. >> I remember that I provided the the drawings and the floor plans and when I opened the insurance I told them I showed them where the floor plan will be. So I have to go back to the original paperwork when we apply for it and it's
not I believe we did >> it's not an approval by ISD. It's approval by this board for the dance floor. So very different steps that have to be taken and it's not us making it up. These are >> Yeah. Yeah. Of course. >> These are the rules.
>> I'm going to I'm going to be I'm going to get right on it tomorrow morning. First thing I'm going to go look for the paperwork and come and apply and fill up the whatever it is that I need to do. So, at the outset, I'd request a motion to suspend the entertainment license
pending and approved dance floor. >> I also have a question. He said he he doesn't have a security and according to since I've been here in the license commission, every bar and restaurant should have a security.
No, >> I think it's suggestive. It's not required. Is that correct? >> Yeah. Every bar and restaurant, every restaurant have to have security. >> No, no, no, >> you do not. It's if you have security. >> So, u it's it's encouraged for certain
places, particularly when they're open late night. Uh it is encouraged for them to have security. >> So, how come this place don't have this? >> But it's not a requirement. >> If we ask for any restaurant, >> we it's not a requirement. They don't have to.
It's it's something that we encourage any bar or restaurant that's open late night that they may want to have that, but it's not something the city requires. The thing that we do require is if if the establishment has security,
those security personnel have to be in red. >> That's that's the rule. Did >> did I phrase that correctly? >> Which we fixed. We they used to wear a suit just like this is black because they were ambassadors. They were doing
other things aside from security. But if I was told if they are doing anything that has to do with that the security person will do then you have to put them in red. So we bought the shirts and now they all wear in red. >> It does make sense. If you're looking at the video you want to see is that security.
>> Does it say security? Okay. Uh and it's on the front and back. Correct. >> Correct. Um, just to make sure we're perfectly clear as to what the the city is looking for there. >> Um, >> I I am in a agreement with our city um
that if um we don't have any records of having anything um that has been approved. I I agree that we should um have an immediate suspension. Um um and is the city
is the city recommending um for the uh full entertainment license or are we referencing the dancing by employees, patrons and performers? >> It's at the discretion of the commission
as to the the role that they want to take in the suspension. Um, at a minimum there, uh, there should be no dancing if there's no approved dance floor. So, it's in it's up to the the commission on how broad they want to make their order.
Um, but since we're talking about a dance floor and the absence of an approved dance floor, >> you know, perhaps focusing on dancing makes the most sense. >> Okay. Um, current thoughts from
>> I agree with the city. Um, also I would like them to improve their cameras. I think that's an issue. >> Um, >> we're not there yet. >> No, >> we're we're going to get there. >> Okay. >> I'm just talking about as a preliminary measure right now. >> I have more.
>> Oh, okay. No, but I was adding to it too because um >> I know we're talking about the the suspension of the license, but also want to make sure we improve on the cameras. Um, we don't have to make a decision on that in this very moment. Right. We can
have you tell us all the stuff that you >> Right. I I've just asked that the the commission uh render a decision with regard to the suspension of the entertainment license and then I mean if you want to put that at the end or vote on it now, it's up to you. Um, I do have
other questions about the video that we've just seen, the the report that we've received from the police department. Um, and questions about um other possible violations specifically, and we'll get through
this, but specifically about the apparently two non-functional cameras um and or there's a entrance one doesn't work and there's nothing outside. Um, and um,
I also want to talk about why you overrote why you why you destroyed evidence >> is the the other question is is why you destroyed evidence in an investigation. >> No. Okay. So, >> but I'm not but I'm not there yet. >> I'm just giving you a preview. >> Yeah. Yeah.
>> So, I don't know how you want to proceed. Um, I would recommend um that that I think we we immediately
suspend the entertainment license um pending further um >> approval >> approvals that need to be done. Um, so, um, if you guys are in agreement, um, I would make a motion to immediately
suspend the entertainment license >> only for the dancing. >> Can I speak? >> No, I I would. >> You want to do the whole thing? >> I would because I I'm also concerned about the fact that we do not apparently have uh Well, we're in the middle of this. Unfortunately, you cannot. Um
I'm concerned if we also do not um have the ability of having video that we can see what's even happening. Um so I feel that we need to suspend the license in full. That would be my opinion. So I I would make a motion to
that. Um if one of you would second that or if you want to propose a second motion. If no one wants to second that. I second that uh motion. Um
suspend the the the license. >> I don't know. I'll be honest. I think that the cameras could be rectified in 30 days that um they shouldn't have a full suspension. I think it should only be suspended only by dancing. So it it
is a suspension of their entertainment license, not um service of food and liquor. >> No, I understand that. I think there's only one component on their entertainment. >> So I made I made a motion. He made a second um >> I say nay.
>> Okay. Uh so you have a vote of two to one um to suspend uh the entertainment license. >> Okay. Pending approval. >> Pending approval of the approved.
>> Okay. Um, so having addressed that, um, sorry, I got to sign back in my computer. >> So, some general questions. Um, are you familiar with this video, sir? >> I'm sorry. >> Are you familiar with this video? Okay. You've seen the video? >> Yes.
>> Okay. And do you rec you recognize this gentleman? >> Yes. >> Do you did you did you recognize the two ladies dancing? >> Yes. >> Are they employees? >> One of them. Yes. >> Which one? >> That one. Uh she she is a former
employee and she actually her last day of work was a day or two days before that night. She was a patron that day. And that one is an employee. She was not on the clock. None of us were on the clock. Everybody was celebrating Christmas. Nobody was working. No, none
of us were working that day. We had a manager running the place. We have another uh restaurant bar. We had a manager, employees from other places that came over to work that day. >> So, who was the >> Everyone there was on their own personal time. >> Thank you. Who was the manager on duty?
>> Franis Lama. And he is he listed as a manager on your >> He's a He's a general manager for another location, another city, >> but is he listed on your license with Chelsea? >> I'm sorry. >> Is he listed as a manager on your license?
>> Okay. He was the only manager on duty. >> He was the manager. Yeah. Who's who oversees the entertainment programming? Who's in charge of the entertainment? >> Who's in charge of the entertainment? The manager, the general manager, Erica
Herrera. So, in the entertainment, we also have TVs, music, DJ, >> like the programming, what's going to happen that night. That's what I mean. >> Uh, we we all do it and at the same time, the manager with me. >> Okay. Um,
>> we have a DJ every day and we have TVs every day, we have music every day. >> And so while the individuals in question are were employees at that time, they
were not on the clock. Is your >> none of them were on the clock? >> Yeah. >> Okay. And are your employees permitted to dance? >> No. >> While on the clock? >> No, of course not. And do you is sexualized conduct? >> Absolutely no. I mean they are
consenting adults and I can't really tell them what to do in their own personal lives. But uh we we did not I wouldn't let my daughter behave like a dance like that. >> And you have eight
cameras. Is that correct? So we have eight cameras which are the ones that are we are required to have. I have put extra cameras on my own aside from what I need to have but they don't record 247. They only record when I look at them and I want to record it. Those are
not part of the deal. Those are extra cameras for me that are basic cameras just to keep to have eyes. But the cameras that we are required to have are in place in the right places and we're not required to have any more than that. But in to in total we have
12 cameras. >> So you have >> but again we only need seven. The other ones don't count that. >> You have Hold up. You have 12 cameras. >> Seven of which are functional. >> Or excuse me.
>> You four of which are >> on demand. Let me ask the question and then you can answer. >> You have 12 12 cameras. Four of the cameras are on demand. They don't operate unless you access them. >> Yes.
>> So four ondemand cameras and then you have eight other cameras. >> One of which is not operating. >> No, they they do operate but one of them
is blur blurry. The police testifi or the police stated earlier that the one camera by the entrance does not work >> by the entrance. >> That's that's that's one of the four ones that don't belong to the system.
>> That's that's the for me uh when we do we there's a camera when you go up the stairs. There's one right there. There's another one that's there where there's a couple of chairs. That's where security stands and they do
the wanding to check the IDs and stuff. So that's a primary camera that we want all the time. Tony told me that that's a camera that he has control for the phone. So that's we didn't get that camera,
>> but it's so am I understanding that the camera that we're talking about is an ondemand camera but should be 247 like the other cameras. So, okay. >> That angle if you just saw it that angle. Okay. Right up the stairs. >> All right.
All right. So, um that's a potential violation. Um you advised him of that. >> Yes. >> Your obligation is to comply with your obligation as a LE is to comply with recommendations made by the police
department. What I am being told is that the police department has recommended and has not yet been addressed is a camera that camera at that angle be 24/7. Now, >> this is what we've just been told now lately that you know it will be good to
have a camera here. We have the cameras that we were required to have on the places that we were told to put them. They want to move one is fine, but but we are in compliance. It's not a violation. >> But you've also testified or sorry have it. You've also stated that um and the
and Sergeant um Star has also stated that one of the cameras is not functional in terms of the ability to actually see the images. >> That's one of my personal cameras. That's not >> So wait, is that one of the four on demand cameras? >> Yeah, that's one of the four on demand.
>> Okay, >> that's the one that doesn't work. >> This camera, this camera angle right here. This is the one. >> No, not that one. See, you can see clearly. But that's not the one we're talking about. The one what you're talking about is the one by the entrance, >> right? >> Where security is. >> What Sergeant Chun was asking,
>> the videos that we showed you is the camera angles that she was looking for that we didn't get because of the camera. >> That's not that one. That's a different one. >> At the end of the bar that is blurry. Oh, no. No. That is the camera that you couldn't get that had the balloon. You mean the balloon? >> One second.
>> That's the camera that has the that had the balloon. >> Just go back with the with the with the dryness. So these camera angles, what about these? >> That's a cam that's the camera where the balloon flew in. >> So that's what she was looking for. We didn't we didn't we didn't get that day on the 17th.
>> Yeah, because of one of the new year balloon flow around >> camera that he's talking about when you go up the stairs here. There's a camera right here. >> That's a camera. He does have a camera that's 24 hours, but it's not pointed towards the stairs with security stands
and all that. the one that he's talking about, it's his own personal camera that that when he touches the phone, it goes, he can see everything. >> Thank you. >> I just wanted to make sure so we are on the same page. I am not in violations with the cameras. Correct. It's I have
what I what I was asked to have. Now I'm being told that let's move and put another one here. I will do that. But I have the the seven cameras or eight cameras that are working in the system. So I'm just going to move one to the other side. >> But I can add one, too. I I would state you are still potentially in violation
of the cameras because we don't have the footage to review. So that would be in violation of not providing the appropriate footage when asked. And if the footage when asked cannot actually be made out. So like these videos that
somebody shot with a cell phone, we can see that that's it's a clear image. We can we can make out the people in their faces. But if when video is presented to our police department, they can't make out the people and their faces in the videos, then you're not in compliance.
Um, just because you have a camera and it's rolling for 30 days, if we can't make out the footage, then >> because a balloon a balloon flow to that. >> I'm not just talking about that one. You also referenced that >> there's one that is blurry. You mentioned the blurry, but you also
mentioned that with your other ones when the lights get turned down, it can be hard to make it out. So that that's a concern. You would need a better quality camera then that can that's a cell phone image. That's not Am I correct? This is this is the Instagram.
>> Don't they all have the same quality as that one? >> At that time, we do not have in possession any video evidence as it was turned back to um Miss Lama. So, what what we're looking at is not from your cameras. >> Yes, that's our that's my camera.
>> No, that's from somebody. >> This is somebody's Instagram post. Oh, >> that's from Instagram. >> That's what somebody thought it was mine. >> I'm sorry. >> I'm sorry. When we spoke, Tony, and and I think I talked this to Erica. Um, she was wondering why because she's your
partner. She was wondering why we're asking for videos. and I told her there's been a claim of someone making allegations about what's going on. Mhm. >> So, and we advise you guys at every
establishment here, I'm going to make this up very clear, whether it's Selos's, your place, Kioskos, Toritos, now uh Ron, all these places, you got people trolling, recording
>> everything that you're doing. >> Yeah. >> If someone was here for whatever violation, they're going to be like, "Oh, but look at populas. They're doing this. Look at Doritos. They doing this. Look at this place. >> This is what we get all the time. And
granted, we have to filter out what's, you know, what's good, what's not, we contact you guys, whoever. So that's what's going on. And that's what's all these images are here. >> So for us to protect you guys, like I told Gene when he was here,
>> we have to look through this through a different lens and we have to see, is there any bite to this investigation? Is this really going on? Is this You know what I mean? >> So that's what we're doing. So >> what uh the city solicitor is asking you is um the cameras. You're saying you're
not in violation, but you might be even though you your intent is not to be in >> violation. Makes sense. Yeah. >> Okay. >> I thought that was my camera. Sorry, >> Mark. >> What's your retention period for the videos? >> Was that >> What is your retention period? How long
do you keep? provided everything they asked me for. >> No, my question is not that. My question is how long do you keep videos? >> 30 days. 30 days. >> Thank you. >> It it overrides by itself in 30 days. >> Okay. >> That's why I couldn't get him again
because the 30 days went by. >> When you provided the video evidence to the police in the course of their investigation, let me back up. When did you first learn about the allegations that were made? >> When did I just learn? When did you
learn about the police investigation into these allegations? >> Officer showed up and asking me for videos. >> Okay. And you provided >> Mhm. >> video. Yeah. >> From three from three cameras, >> all the ones he asked for.
>> Okay. That's not what was said. What was said is that you provided video evidence from three cameras and then when you received the jump drive back, you overrode that video evidence and of
course now it's overwritten on your system. So it's no longer available, but then you provided two additional camera videos. Is that correct? No, I was asked for I believe it was two cameras
different dates. So I provided that. Then they returned the flash drive. My responsibility by then was done. And then they asked me, hey, can I get this other camera and this other camera? I said, okay. So then I got the video and
but I couldn't get one day because the 30 days passed by. and I could only I could only get the second day and I provided that. I use the same flash drive. The problem is that the the what was recorded on the flash drive it gets
override because there is not enough memory. I I assume the police would take the video and and download and record it. >> Who told you that you were done? >> You just said that you were done. Your part was done. Who told you that you were done? >> No, when it comes to the first the first
two videos. So I provided the video. >> So at that point I did what I was asked. That's what I mean by that. >> All right. I'm just trying to understand what you mean. Okay. >> So you understood that there was an ongoing investigation. >> Yeah. Uhhuh. >> You understood that?
>> Yes. And then they came and asked me for more and I more. >> All right. And then and that's when you overrode the data on the flash drive. Do you do you only own one flash drive? >> I only have one. Yeah. >> Okay. But I if >> Okay.
>> I didn't know I had to The police didn't take the video. >> I assume they had recorded taken the video in. >> And it was you yourself that that downloaded the video onto the flash
drive? >> Yes. >> Okay. >> We would have never tried to hide it. Did you have something that you wanted to >> Again, we gave them back the the the because the videos were poor on it. Just I want to make that very clear.
>> But we but we don't know. We we we don't have access to that or the commission doesn't have access to that. >> The very first two days that uh we got the videos, it wasn't up to our part to submit to evidence. It's like the videos
were fuzzy, wasn't what we wanted. Um The only thing that we could see was people, a lot of people overcrowded, couldn't find security. Sergeant Chung took her time looking for what she wanted for this to try to do our due diligence to try to clear populace if
this was true or not. She couldn't do it and and she asked me to look at it. We couldn't do it. So that's when we gave it back. Say, "Hey, Tony, these are not working. We have to the camera angles you gave us are fine, but you have to clear this up." So she requested a
different angle but also the same ones back. He did advise uh that that day is passed you know it's passed for 30 the 17th was passed for 30 days. I can update all the cameras if that makes it easier to change all of them and for
newer ones with better quality. The other problem is that the ceilings are kind of low. So the the camera will angle basically this way and if you're standing here somebody is farther back you will only see the
head or you know half of the body but uh I can I can update him if that will makes it eas easier for you know for anything in the future. >> Mark, did you have other items? >> Just thinking I don't I don't have any further
questions at this time. Um my recommendation might be since we have overlapping issues um that have come up as a result of the evidence um provided but also in the
course of um statements being made with regard to um non at least one nonfunctional or questionable cameras and and what have you. Um uh my suggestion, it's up to the commission um
in its discretion. My suggestion might be to consolidate the matters for and continue for possible disciplinary action uh in 30 days. That would allow time for the police to look into the
video cameras, uh advise, make recommendations, and provide time for compliance with those recommendations with proper positioning. you mentioned that you would be willing to make changes. Um that would be a suggestion that I might
make to the commission to consolidate the matters um and take the matter >> and continue the disciplinary hearing next >> disciplinary. Yeah. And consolidate them too for possible disciplinary with regard to
the video cameras. >> Appreciate that. Um, other comments from the police department. >> Did you have anything else that you wanted to share before I go back uh to my fellow? >> Yes. Uh, in in general
uh starting with the entertainment license, if me my entertainment license gets suspended, I won't be able to have TVs. I won't be able to have any music. I wouldn't be able to have anything else. I I will, you know, ask to we can suspend the dancing. I don't have a
problem with that until everything is fixed. But everything else will shut down if you if you suspend the whole entertainment license and we won't be able to work like that and getting closed down or you know for some time it will destroy the business especially now
that is really really slow in my opinion. I don't feel like I did any I provided all the information that was asked for and I can actually update the cameras to make them better. Uh they were all patrons at that time. The people that were dancing, they were not
on the clock. They will never be on the clock behaving like this. Uh so you know just consider all that because the businesses are very slow and I think >> I mean it doesn't look like it's slow. I'm sorry. >> It doesn't look slow.
>> Well that was that was the specific party for the Christmas. That's why it looks like this. I wish it was like that every day. Uh but it's uh it's just because of the for the Christmas party. >> So basically you're saying we're shutting you down by suspending your
entertainment license. Correct. >> If you suspend the whole entertainment license, then I got nothing to to offer to you and compete with anybody. You know, if if the dancing is the only thing that gets stopped until I, you know, move forward and look at
everything else on the dance floor, that is totally fine. It's reasonable. But the entertainment license is divided by different areas. TVs, uh, music and everything else. So, I don't I don't have a problem with the with the dancing. That's fine. If I need
to have that permission for the drawings, which I believe I may have. Um, you know, I think it's very reasonable. And when it comes to the cameras, I can update them, too. However, we provided all the information that we would require. Uh, everything
else is out of my hands. and we're going to look at the lighting and everything else. And we had the cameras where we were told by the police where to put him at the beginning. So, we do it based on what they asked for. Then we think we're good.
>> A quick question on that. You you said at the beginning. So, at the beginning when you had when you had an occupancy permit for 48 people. >> Yes. >> Yeah. with the cameras is >> so by adding in almost a hundred more people we're going to want additional
camera >> place that's not a problem but that is something that I've just been heard now like at this time >> well again things come before us when we're told about a problem that we're not necessarily in an establishment every
day just looking for a violation um it has to get brought to our attention and then we We can add more. That's not a problem. Yeah. But I just want to say I'm not violating anything. I have what I was asked for. If we want more, let's put
>> We don't know because we don't have the footage to look at. Um, so we don't know that you're not But if the footage that you provided was not of a quality that the police department deemed adequate, then you are in violation. >> So just because you hand them video
surveillance doesn't mean that you have done what you're supposed to do. They actually have to feel that they can see what's on that. And if they don't, >> then you're in violation. Do you understand that? >> Yeah. Yeah, I understand. >> So having a camera up and having it rolling, if it's just a bunch of black
blobs and blurry images, >> that's not following the rules and regulations of the city. Even if each of those cameras are placed in the area that the police told you to put them when you opened your establishment, >> if we can't make out that video, you're in violation. >> Yes.
>> Understood. >> Understood. Thank you. >> Uh as a >> just as a procedural thing, um the commission has already voted. >> Um if the if the commission decides to try to undo the decision that it just
rendered, it would there would have to be a motion um on that. Um so just just so that everything is clear um whether you decide to do that or not. Uh then in terms of the you know that's it that was
it that was it because she you asked the question that I was going to ask and and made the point that I was going to raise with regard to the change in circumstances by adding you know the significant amount of people. >> Thank you. Um before I go to my fellow commissioners
is there anyone from the public that would like to speak on the matter? Okay. Um thoughts from my fellow commissioners. >> Didn't we just bought to
uh for for um was it for a >> entertainment license? Yes. the the commission voted to suspend the entire the the entertainment license in its entirety until an approved dance
floor um was sought and and provided. the commission could decide if it if it wants to to essentially vacate that decision and do something different if it wants to.
>> And I disagree. You you and Marne agreed for the full suspension of radio entertainment dancing. I was only agreeing to just suspend dancing but to continue the radio and entertainment until they present us with a a floor
plan for dancing. >> Okay. >> If if you guys are considering doing anything um the only thing that I would agree to would be radios and television. I like to a motion to I don't know what
the saying is but the motion to review it again. >> You you have to essenti undo you have to revoke the prior decision. Motion to revoke prior decision suspending the entertainment license. Seconded. All in favor? If that carries then you can
revisit the issue. I'd like to make a motion to revoke our decision to suspend the entertainment license in full. >> Would anyone like to make a second? >> I will set a second on that. Um, and
>> All right. So, now that that's been revoked, >> all those in favor? >> I'm opposed. Okay. >> All those in favor? Opposed. Okay. The motion carries. >> Okay. Now we could discuss what do we want to suspend from his entertainment
license. Do you agree to suspend only dancing from his entertainment license? >> I will agree to suspend the dancing. >> So I'd like to make a motion to suspend owning >> but but prior to me motion um could I
just make a statement? >> Sure. Sure. Um I feel that um to ensure that we are in compliance with suspending that dancing I would also be suspending the DJ in the amplification
until such time that there is that dance floor to ensure that we don't have that conflict. Uh that's why I was stating that if we wanted to give them something to continue to operate and have some ambient background noise, then a television and a radio um would provide
that rather than still having the DJ going because I I would question whether or not um we're really going to not have dancing if there's still DJs playing in there on on a nightly basis. I think that's true. which is why I was in favor
of shutting down the entertainment license completely. >> Yeah. No, I think uh the DJ and dancing is fair. >> So I think if we we state um that we want to um suspend
everything on the entertainment license with the exception of television and radio. I think that that is fair pending the approval of the um approved uh dance floor because that still gives you the
ambient music and you have televisions so guests can watch televisions but we are ensuring that we do not have any issues um related to the unapproved uh dance floor which is required for the
dancing. because most restaurants and bars would just have music playing uh through radio overhead and televisions. >> Um no no DJ, right? >> Mhm. So currently uh copy of
>> I have it here. It says radio, television, live bands, karaoke, disc jockeyies, use of amplification, dancing by entertainers and dancing by patrons. So, I I would um >> the motion is to
>> I would make a motion to immediately suspend um all items on the entertainment license with the exception of radio and television until such time uh that the
Lency has come before us and received approval um for an appropriate dance floor. >> I will second that motion. >> All in favor? >> I >> thank you. >> And and also just one last thing I want
to mention is that uh entrance camera he said he wasn't supposed to have it and he put it on his own have that fixed because uh that's a priority when the patrons are coming to the building. >> Um I think
>> a quick question on on the We've referenced entrance cameras a couple of times. Um, Sergeant uh Chong and Officer Santiago uh for the cameras cameras in the exterior of the building.
Yes, >> sorry. >> The statements earlier were that there were none. >> There were none. >> There's no exterior cameras. >> You can't see up the street, down the street. Uh It's on Everdave. You can't see towards Blowway. You can't see up
Everdave going towards uh the Tobin Bridge. There's also the side which is Cherry Street that goes to third. So, he's got that corner. So, we have to get something there. And it can't be facing to the concrete. It needs to be
able to see up the street. Like Sergeant Chung said, there has to be a 360 camera. So I just to clarify just because we're because things are kind of bouncing around. >> I feel like I want to make sure that you understand your entertainment license is suspended effective immediately except
for the use of television and radio. >> You understand? >> I understand that. >> Okay. Now the commission is moving on to deciding whether I presume to consolidate the matters for a continued >> disciplinary matter. So my personal
opinion based upon what we have received for information so far is that the police needs to continue to do a bit more investigating. Um so u I know we were just talking about cameras and if you'd like to continue on that um certainly open uh to that conversation.
Um, however, I would be inclined to make a motion to continue this disciplinary matter at our next meeting um, pending the police having the time to do the um, due diligence and continued um, investigation.
>> You would also need to notice a new hearing to incorporate the potential violations that were referenced in terms of the the cameras and Yeah. Cameras. >> Uh,
>> and and >> so potential other violations that occur in the pending investigation. >> Well, the other the other potential violations are destruction of evidence, that's a violation. Um, as well as the
cameras. The at a minimum the nonoperational camera, that's a violation right out of the gate. So, those are separate violations that we're not noticed for tonight. They have come up in the course of the statements and the investigation as it stands right now
so that the commission could consolidate all disciplinary matters including the one that brought us here tonight with these two new potential disciplinary actions notice it for next hearing. Can that also include anything additional
that the police >> to the extent that it comes up >> if it's done in the timely manner to be a part of that >> if it's done in time for the notice to be compliant with statutory you know requirements >> obviously there has to be a certain amount of notice
>> um so there there's potential that something may come up too late to be >> precisely >> a matter that we could act on at that next meeting >> it could be discussed but not acted on. Yes, potentially. >> Uh could I make a quick comment because uh back to Mark's Aras's point, um the
violations that was presented to us and correct me if I'm wrong is 2.11 C regarding the dance floor which we have voted on >> and then 2.12 standard of con conduct and 2.14 injuries to person at the
premises regarding the security. Do we make any comments or motions on that? are we deciding or is that going to be on the next meeting? So that's what I I'm proposing that we take those um
potential violations and we move that along um to use the terms that Mark stated, we consolidate um the violations that were presented um in today's disciplinary hearing plus the additional
items uh found during our conversation today. and any that arise during the police investigation >> um that are submitted in a timely manner to be um made available at that next
meeting. Um so my motion is to consolidate all of this >> okay >> and continue this disciplinary hearing with the additional items at our next meeting. So, we wouldn't be voting on
any actual disciplinary um action for these items this evening. >> Okay? >> It would push it all to the next meeting when we have more information to make those decisions and do it all at once
rather than making a decision on these tonight and then having another disciplinary hearing and making a different ruling that would have a different impact at the next meeting. We'll just move it all forward to the next meeting and then make a decision on
any sort of disciplinary action at that meeting. >> Sounds good. >> Does that make sense? >> Yeah. >> Um, did I already state the motion? >> In a very long wordy. >> Do I have a second for that motion?
>> Second a motion to continue this hearing. Thank you. And all in favor? >> I. >> So the motion to consolidate this matter with the this additional disciplinary matters um for to be continued um until
the next hearing. >> Correct. >> Okay. Including any issues that may crop up and uh are able to be timely noticed. >> Exactly. >> Understood. >> Perfect. So um we will continue this at
our next meeting. um which is currently scheduled for March 19th. >> March 19th. >> Um and in the meantime, um you definitely want to um pull anything that you have referencing a dance floor and
get that over to the city. Um because in a perfect world, you'll be able to address that with the city as well. Um so that way um we can um hopefully resume um your entertainment license as
it had been. Um but that can't be done until we have approved uh >> the dance floor. >> The dance floor. So definitely make sure that you get on that. >> I will definitely be on that tomorrow morning. Uh just wanted to throw this
out for so we can use this information when the March 19 comes in. The police have come before to my place and have checked the cameras and they have asked me for videos before and it was never an issue. Now it's turning up like it's an
issue. So this is not something that has been happening that nobody knew. The cameras are outside but I don't take the whole street. They they wanted to see the my area the exit and they have been checked for compliance. They have asked me for
videos before for for was what was going on during the night and everything was fine and everything you could see well everything was correct properly the way it's supposed to be. That's what we thought that's what it was. Maybe they got older, maybe something happens but
you know we're not looking at the cameras here. It sounds like it just needs to be updated if that's the case. >> So that's probably it. I just wanted to let you know. >> So I I do believe that as part of this process the police department and >> correct me if I'm wrong. You will be
>> I'm just comment myself on the licensing I can't speak for other officers myself and officer Mclofflin we haven't been into establishes about over a year. >> This is the first time I've been in >> populas >> to request to look at your cameras. So
any other investigation that has nothing to do with this unit, that's probably with our C unit and their job is to try to get as much cameras. Our job is to make sure your cameras are done and recorded and saved correctly. >> That's not the C's job.
>> Yeah. >> Just a year ago, >> I just want to clarify that very quickly. Our job is to make sure your cameras are functioning properly, there's clearness in it, and it holds up to 30 days. >> What C does. That's the criminal
investigation division. What they do is something different. >> They don't look for what what we do here. >> Yes. >> Sergeant gives the order. We follow it to the team. >> Mhm. >> But a year ago when you when you were there, they were fine >> at that time. Yeah. For what I see. Yes.
>> Yeah. So that's the same system, the same everything. >> But it has to be gotten older. >> It does have to always be working. Yeah. >> So, one of the things in the rules and regulations is if your camera is not working, you need to report it to the city, not wait for them to come tell you
it's not working or have us uh request it and then we find out it's not working. It's your responsibility as a lency to regularly be checking your cameras and ensuring that they are working appropriately. >> So, it's not just on our police
department. That's the responsibility of a lency. And if you've paid attention to the the past licensing meetings, I mean, I I think I've been on this board now for four years, and probably the biggest violation that we have in this city is
cameras. So, we are particularly sensitive to establishments not doing what they were supposed to with said cameras. >> They'll be fixed next week for sure. >> So, please uh listen to our police department. If there are areas that are not covered that need to be covered, um
please make sure um that you are following all of their requests and um getting cameras that are actually of the appropriate footage and then we will see you next month and continue this matter at that time. >> All right. Thank you. >> Thank you.
Um with that um very briefly since um we are quite late in the evening. Um the other item on the agenda this evening was a discussion on the progressive discipline plan. Um so the um city solicitor did
take the time to go through the working draft that we had um and redlinined that document. Um did uh you have a chance to kind of look over that in the last week.
>> Yes. >> But uh are we going to discuss that since uh we don't not hear from the members of the >> So the the question right now is just whether or not um you guys had a chance to review. >> Okay. Um what um
>> it looked like what we discussed outlined and basically made it more legal. >> Exactly. So, um, I I went through and looked at everything that the city
solicitor had redlined and it looked uh like for the most part, not even for the most part, with what she made for notes on this document. Um, I would be in agreement with all of her changes which were changing wording when necessary
from it saying board to saying commission and going through other uh proper phrasing. >> Um, she did not make any changes to uh what we had stated at our prior meetings
um that we wanted done. Um, so, um, I I would say that at this point we can we can move forward with those red line items so that at our next meeting we can look at a clean draft.
>> What if is the next meeting I would presenting it to the public for comment? Mark, what would if if we move forward with all the red lines on the progressive discipline plan that um Cheryl uh put put through or someone in
the department um put through? Um what would the next step be to continue this? So we would be >> we would be looking to have a public hearing um to discuss the
proposed progressive discipline plan. That would be the next step. Does that make sense to both of you? >> Um, so I would like to make a motion >> to have a public hearing at our next
>> I would >> Okay. I would like to make a motion to adopt the proposed changes by the city solicitor to the progressive discipline plan. Second. >> Can I get a second? >> Second it. >> All in favor?
>> I. >> Perfect. Now, I would like to have a public I would like to make a motion to have a public hearing at our next meeting to
present the adopted proposal for a disciplinary plan. >> I'll second that. >> All in favor? I >> Fantastic. We're moving that along.
>> Is there anything else? No. Fabulous. With that again, our next meeting is on March 19th, 2026. Meeting adjourned.