WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=XRwLfMPeW7E

NOTE
MEETING SECTIONS:

Part 1 (Video ID: XRwLfMPeW7E):
- 00:14:35: Meeting Commences: Introductions, Housekeeping, and Approval of Minutes
- 00:16:46: Clerk's Update: Scheduling Meetings and Identifying Potential Conflicts
- 00:19:45: Public Hearing: New Ownership for Boston Automaster
- 00:31:27: Motion to Approve Boston Automaster License Granted
- 00:32:04: Continued Hearing: El Kiosco's License Compliance Issues
- 00:50:50: Unsolicited Advice & Addressing Social Media Concerns
- 00:52:25: Written Conduct Standards, Training & Disciplinary Review
- 01:00:41: Motion for 5-Day Suspension (Obeyance) Approved for El Kiosco
- 01:02:49: Disciplinary Hearing: Toto Restaurant's Entertainment License Violations
- 01:35:12: New Hires, Lack of Communication & Important Timeline Reminders
- 01:41:50: Disciplinary Hearings Set for Toto Restaurant's Violations
- 01:49:09: Concluding Toto's Hearing and Adjourning the Meeting


Part: 1

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Good evening, ladies and gentlemen. This is a meeting of the Chelsea Licensing Commission. Today is Thursday, May 14th. Uh I am joined this evening by fellow commissioners Lopez, uh, Mike McAteer,

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myself, Marty McAlpine. We have our licensing administrator, uh, B. Hernandez, our assistant city solicitor, uh, Mark Rossi. We have Sergeant, uh, Chung from the Chelsea Police Department. In addition, this evening

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from the Chelsea Police Department, we have Captain Van as well as Officer Mclofflin here with us. Um, we have a fairly short agenda, so we'll try to keep things moving this evening. A couple of quick housekeeping notes. We do have a translator in the back of the

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room, so anybody who needs assistance uh communicating, please make sure that you see the translator in the back and uh he uh will come up and help you. If you are stepping up to speak before us this evening, please make sure that you step

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up to the microphone and clearly state your name and reason for being before us this evening. If you have multiple people coming up to speak on one particular matter, please make sure you take turns stepping in front of that

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microphone to speak. It helps us hear you. It also helps folks that are um listening at home or watching a recording of this later. Um fellow commissioner Emily Churniac uh is also

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joining us this evening. There was a lot of traffic out there tonight due to the rain. So we will get things moving right along. So to start, I am going to see if

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anybody would like to make a motion to approve the minutes from our April 16th, 2026 meeting. >> I make a motion to approve. >> And can we get a second, please? >> Second that. >> Thank you. All in favor? >> I.

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Perfect. Next, we have our clerk's update. Miss B. Um, clerk's update. We have the approval of the license and meeting dates from July 2026 through December 2026.

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Um to be held on the second Thursday of the month at 6 PM in the city council chambers or the city council conference room at city hall. Um so July July 9th, 2026, this one's optional if needed.

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August 13, 2026. This one also is optional. if needed. September 10th of 2026, October 8th of 2026, November 12th of 2026, and December 10th of 2026.

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>> Um, do we have a meeting scheduled for June? >> Uh, we do. >> Okay, >> that is just because I didn't see it on >> I put to be determined on there. Um, it is on the 11th of June.

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that one was scheduled. So, the 11th of June. >> Okay, that is what I had in my calendar. So, I just wanted to make sure. >> Uh, fellow commissioners, does anybody have any known conflicts at this time with any of those dates? Those would be

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our standard dates. The second Thursday of each month, >> I have a I I'll be out of the country on July 9th. >> July 9th. Uh July and 9th is a gala. I think a lot of people on the board probably be at

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it. >> I feel like we tend to have one of those meetings since like we don't have enough stuff to talk about. >> Yeah, it always depends upon how much stuff is on the agenda. Um but if it looks like we won't >> end up having >> enough people, >> which gala is it?

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>> Chelsea gala. >> Oh, y set up for July 9th. I think >> yeah, I would be working on those. >> So, I would say um all dates except for July 9th look like they'll work for the commission.

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>> Yep. It's optional if needed anyway. So, >> we'll just >> So, rather than trying to schedule things for that and have it have no quarum, >> uh we should probably look at that data. It's just not available. >> Yes.

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>> Um with that, can uh Someone make a motion to approve those dates. >> Motion to approve and a second. >> Second. >> All in favor? >> Thank you very much. Are there any other

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uh communications be? >> No. >> Wonderful. With that, we'll get right into the rest of our agenda. Um the first public hearing on our agenda this evening is a Continued public hearing

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for a new owner and new business name on a class one, two, and three for Boston Automaster Limited Partnership. DBA Boston Automaster at 42 Pearl Street, Chelsea, Mass. If you can step up to the microphone, please.

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>> Good evening. >> Good evening. If you can share your name. >> Yes. Uh my name is Marlon Marlon Lima and um uh Jose Rosales. He's the owner uh of the um dealership. Uh so we are um

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in we have been in the process of getting um a business license. It it is changing from uh the previous owner which was uh under the name of Boston Prime Cars >> and it's changing now changing owner and

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changing name to Boston Automaster. And uh so you mentioned that Jose is the owner and yourself. >> Yes. And uh I'm helping as translator. So uh yeah. >> But are are you affiliated with the

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business yourself as well? Yes. In what capacity? >> Uh finance. >> Finance. Okay. >> Um can you tell us a bit about um the property?

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Um, was yourself or Jose involved with it when it was underneath the other name? >> If he was involved, >> you you said that you're changing the name and the ownership. So, were either of you involved with the business while it was in the original name?

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>> Uh, no. No, not in the original name. Um uh it's uh it's until until now that the name has been changed uh that he will be taking um possession as the owner of the new business and um uh before uh he had

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>> so uh before he had some kind of relationship business relationship with the previous owner as well. That's how he uh knew that uh the previous owner had the intention of course of uh selling the place and um he saw the uh

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opportunity over there. Um, I had a question before I open it up to my fellow commissioners. When I was looking through the application, um, on one of the pages, um, where you're talking about the the business

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that you're looking to do, um, underneath the questions, uh, the the first questions where it's asking, have you ever applied for a license to deal in a secondhand motor vehicles or parts thereof? The answer is no. Have you ever signed a contract as

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required by the section 58 class one? No. Um, are you a recognized agent of a motor vehicle manufacturer? No. However, right underneath that, it says, if so, what city or town? And it's written Chelsea, but not under the same name.

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And did you receive a license? Yes. And for what year this year? So, is that this just a typo and we're referencing these future plans that you're coming before us for, or is there another prior business. No, that existed. >> No, it's referencing the new the the new

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business. Actually, that there was not previous a previous license, let's say, that that he had before before this application. >> Okay. >> Mhm. >> Um that was the only thing that I had really seen there. Um, and then the

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other question that I had was when you're talking about the description of the premises, it states that the outside display will have no more than 40 vehicles. Um, but it also references an indoor showroom. So, is

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there a plan to have cars displayed inside? >> No. >> No, >> no, no, no. >> So, what's in the showroom? >> Uh, no. inside. Actually, it's only the offices uh where the salespeople um are going to be >> uh and of course the space for customers

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uh to to go there and and be able to uh do the deals. Uh besides that, it's just uh the the repair shop for our own cars just to uh recondition our own cars, but there's no interior uh showroom considered.

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>> Okay. Because in your notes, it states an indoor showroom. indoor showroom. >> No, no, that that's not something we are going to do because the space does not allow inside like to keep a car inside as a showroom.

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>> That was that was part of why I was asking because of how that was >> Yes. >> how that is phrased. It implies that there's going to be >> u cars being showed inside. >> Inside. Yeah. No. >> Uh, questions from my fellow commissioners.

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>> Remind me why we didn't finish this up last month. We did you not give notice to the neighbors? Is that what it was? >> They weren't here. >> Yeah. Something wasn't the paper. >> The butters. The butter. >> Okay. Now, but now we have it up. >> Yes. >> Okay. >> Other questions from my fellow commissioners?

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>> Any questions or concerns from inspectional services? >> No, we did an inspection. Everything passed. We have no issues. Wonderful. Sergeant Chung, >> how's it going? Um, if you have an

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excess of over 40 vehicles, do you guys have a another lot? >> Uh, >> what are your what are your intentions if you go beyond 40? Yes, we um we usually try to keep u within the limit, but if there's any any overflow. Uh we

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have a couple of repair shops that we are partnered with like the shops that we mo the ones we go most to and uh they help us sometime uh keeping the cars that we cannot fit in the lot while we get some space available and we can get

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them into our lot. I only asked because there are some instances where I've seen cars from I guess the previous owner um parked right on the sidewalk on Pearl Street itself. >> Okay. >> And you can't do that. Yes. >> Okay. Even if you're blocking your own

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entryway to the space. Okay. Because you're obstructing >> a public sidewalk and and people are going into the roadway >> to to continue onto the sidewalk. And plus there's also bus stops there. >> Yes. >> So I would I would just keep an eye on that. Okay. Um, if you go over 40, tap

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into whatever resources you have, but don't block the sidewalks. >> Okay. >> Okay. That's all I ask. Um, Corey was conducted on Jose. I did not receive the information uh from Marlin as a finance manager. We could touch base on that after. Um, or at least I didn't see it.

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Could be my error. Uh, but everything clears Jose uh Rosales. What I would like to mention is being in the car business. um from Jose. Just need to be mindful of his current active non-renewable status under under his uh driver's license.

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There might be some old tickets or whatever the case may be. Um it's still active. He can still operate a vehicle on it. Um but just check into what tickets he may owe or whatever. >> Tickets, >> correct? Cuz the the RMV will put you on non-renewable status.

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>> Okay. And then if it's time to um like when your birthday when his birthday comes around, he won't be able to renew it if it expires out unless he's paid those tickets. Okay. >> Okay. >> Can I tell him? >> Yeah. Let him know, please.

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>> Okay. >> All right. Good luck to you. >> Thank you. >> Thank you. Um Mark, any questions um or feedback from the city? >> I had a uh had a couple of questions and they may be answered uh by you or or if

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I missed something in in my review. Um the application lists 42 Pearl Street, but the workers comp policy and Secretary of State certificate show 48 Pearl Street, which is correct. >> I believe they're both correct. the address. >> Yeah.

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>> Does it does it apply to both? >> Doesn't everything for a business have to all be listed underneath one address? >> It should. >> I think 48 is the residence after it. Check. >> So, it's uh it's 42. Um the thing is I

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think it covers from 42 like to 48. That's why commercially it's advertised as 48. >> Okay. Commercials. >> I think it should probably designate 42-48 42 to 48 >> 42-48. Yes, >> you may want to make that correction. >> Okay.

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>> Um, and is it a limited partnership or is it a corporation? >> Uh, limited partnership. >> Okay. >> And and I'm sorry, your role is your role is what? >> Uh, finance. Finance uh manager. >> Finance manager. Okay. Thank you. Um,

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there was a prior Chelsea license that you disclosed under Boston Prime Car isued in 26. Do we know the status of that license? >> If not, it's fine. I'm just >> the So, the one that's there now, >> that's the old one. Yes. >> Yeah. Okay.

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>> So, that one's active. So, >> it's still active. All right. Um, and you had no the other gentleman. What was what was his name again? I'm sorry. >> Jose. >> Jose. >> Okay. And Jose had an affiliation with that prior entity, the prior company.

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>> I'm I'm sorry. Jose had an affiliation. He was affiliated with? >> No, no, not affiliated. Uh they uh uh sometime did some kind of business but not like a partnership official partnership. No. >> Okay. So they work together.

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>> Okay. Okay. On occasion. Yes. >> Um and um >> let's see. >> All the fe all of your fees have been paid. >> All the fees are paid. >> Yes. >> Yes. All right. And you confirmed on the record that you

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have made provision for uh more than 40 cars. If you have more than 40 cars, you have designated lots. Do you do you remember what those addresses are or are they located in Chelsea?

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>> Um it there's one located in Merose. Uh and the other one it's in Lawrence also. Uh so those are like two of the ones uh that that we use the most >> or that we will use the most in case that we had an an overflow

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>> business is going great and you have 140 cars. Okay. >> Yes. >> Um that's all I have. Thank you. >> Thank you Mark. Is there anyone from the public that would like to speak on this matter? Seeing no one, we'll close public speaking. Any further questions from my

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fellow commissioners? You guys are nice and quiet today. Um, would anybody would anybody like to make a motion? And if so, what motion would you like to make? Uh motion for

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a new owner new business name on the class 123 for Boston automaker limited partnership DBA Boston automaster at 42-48 Pearl Street to approve their license.

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>> Can I get a second? >> A second. >> All in favor? Hi. Hi. Thank you very much and good luck to you, Jose. >> Thank you. >> Good luck, guys. >> Next on the agenda this evening, we have a continued disciplinary public hearing

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as to the non-compliance with the all alcoholic beverages license and the amusement and entertainment license as to the rules and regulations 2.09B and 2.09 09 of the city of Chelsea Licensing Commission in regards to the police

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report number 26-0000846 to El Kiosco Corporation DBA El Kiosco at 212 Broadway Chelsea Mass. Step up to the microphone please. >> Good evening. >> Good evening. If you can state your

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names, >> my name is Judy Korea >> and Yuri, you're the owner, correct? >> And uh the gentleman with you. >> My name is Walter Solosano. I'm the owner of the alcohol and food safety consulting office and I'm working with her, you know, for the last three weeks,

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four weeks now. And you know, with the violations that he, you know, we're going to talk about today. >> Wonderful. Thank you very much. Um to start this one off, I will go right over to you, Sergeant Chun.

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>> Uh yes, this case was assigned to Officer Santiago. Uh a followup was conducted on April 21st. He did meet with the jury for a follow-up inspection of the cameras. Um,

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she demonstrated to him that the cameras were operational, actively recording and displaying the correct date and time and the placement was also confirmed to be of good measure. Um, officer Santiago also was able to speak to the security

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system that installed the cameras. Um, it was mentioned that the system may require additional hard drive storage and will need an upgrade soon. Uh jury did agree. Um it was meant to be completed the the following day.

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Officer Santiago um was provided a documentation of recent training session conducted for staff including the bartenders and wage staff. The training covered laws prohibiting the consumption of alcohol during work hours as well as city of

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Chelsea licensing commission rules and regs. uh under after all the inspections it appears as if they are currently in compliance with uh all city rules and regulations. So I just wanted to ask if

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that update was ever done. >> That's that is correct >> for the capacity. >> Yes, for the capacity. So she is aware you know that there's only 19 people you know uh including you know the uh staff. So there can be no more people, no more

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than 19, you know, attendance, >> right? And I believe I was informed by officer Santiago that jury has some plans to inquire with the city on expanding or getting some advice on expanding the occupancy permit.

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>> Uh yes. >> All right. So the um the department would be ISD. Is that correct? >> Yes, it is. Also the load the plumbing cost as a load can be no more than 20. So seating for 19 but other people standing around employees cooks that all

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counts into your load. So you have to keep it 20 or lower completely. Okay. And this is a b a plumbing a plumbing issue. If you put another bathroom in, I don't know where you're going to find the space. Then we can talk about raising your load >> because the space is big enough for more

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people. Yeah, but the code says you can't unless you have a new another bathroom. >> Actually, in the uh training class and certification that we have, you know, we spoke about, you know, the uh uh people that were attending the class, there was 14 people uh total, you know, the employees that she have, but they having

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different schedule every day. So, I explained to everybody, you know, imagine we are 16 people right now. There's three more, you know, that are allow, you know, to be here. Mhm. >> So you got to be sure you know that when we receiving people you know even if there so two seings but we have a 19 you

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know you can't bring anymore inside. >> Yeah. And and the hard part of that is it also includes the staff which really restricts >> uh >> that is correct. Instead having you know four service for now you know she has to

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go down you know by two. But on that side, the positive is you can only have so many people. So you only need so many >> staff working, which helps your costs. Um, obviously you can't necessarily employ a ton of people, but um it keeps

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your cost down. >> That is correct. Also, you know, whoever is in the uh bar, they don't need server because the bartenders, you know, taking care, you know, the customers. whoever is on the ceilings, you know, minimum, you know, just one or two servers and

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she knows, you know, the cost of the labor, you know, this is going to have >> um I did have a question um because we did talk about a little bit of this last month um and I don't remember this particular part um but in the initial

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report there had also been a comment that there was a renewal certificate that wasn't displayed. >> Yes. Yes. So, they did apply. Uh, my inspector had already passed it. So, as long as they as long as they paid for it, they are now in compliance. Did you pay for it already?

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>> No, she haven't done it yet. Um, yep. Um, she already asked through the uh portal how she can do that. Yeah, >> somebody answered over there, you know, online, but she wasn't able to find the link. So, I'm going to work tomorrow all day. >> If you can't pay for it online, come in. You can pay for five check, but you have

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to pay for it. It's it's still not valid, but it will be once you pay. >> So, that's very important. And we addressed that at our last meeting and said that it needed to be taken care of immediately because that was supposed to be taken care of, I believe, in November. >> Yeah. End of the year. >> Um, so we're now well past when that was

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supposed to be done and we talked about it last month. >> Just bring a check in to like your office. Like literally just walk into city hall. >> Yeah. You just you just have to go see the licensing department and pay >> and just drop off the check. >> If they already did the inspection, you have that part done. They need to pay

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special. >> They need to pay you. So you need to go to his department >> and pay his department. >> Okay. >> Um and that way that's done because otherwise you're not in compliance. >> Okay. Right. >> So can we do that tomorrow morning? >> Yes. All right. >> Uh where she need to coming in and u

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asking for >> room 2011. Room. >> Okay. Uh she said that she came the other day here and uh somebody told her in the front desk that she has to be done online not on check. >> Pay by check

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online. >> She stopped at the front desk. So just go right into the just go to 2011 with the checkbook and then they can help. >> Okay. Um want to make sure you know that I helping her. >> Yeah. >> How much it is? >> $100. >> Okay.

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Can the police department just make one more comment? >> Of course. >> Yeah. >> Uh, so there was no issue with the bottle service and the charges that you ended up charging. However, I want to remind you that all bottle services, the

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customer cannot pour it themselves. Okay? And it has to be pour be poured by staff. Okay? So as long as you guys are aware of that even you can leave it on the bar right but the the customers cannot take the bottle and just pour it

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themselves. That's because of the fact that you guys as a licensed establishment as a lency have to regulate and monitor how much alcohol these people are intaking right so you don't over serve and that's why the ABCC

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will only allow the bar staff to be the one to pour the alcoholic drinks for for bottle service. Okay. >> You also can't sell a bottle of liquor to one person. Yeah, she um we I have here all the

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agenda that I don't know if you had a copy uh this the uh topics that we went through, >> examples that we give it to everybody and everybody was engaged in the class asking question because some of them they didn't even know that >> which is wonderful. The key is to stay

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on top of it. So we can teach our class to our teams once, but if as owners and managers we are not continuing to enforce those rules and remind our teams of what those rules are, then as owners

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and managers we are at fault because our team is only going to do what we are making sure they do. So, you have to make sure you stay on top of it because if something happens in the future, you can't just say, "I taught this class

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back in April." >> Correct? >> And so, I my hands are clean. >> You have to make sure you are regularly reminding your staff, doing regular trainings with them so you don't have problems moving forward. Um I'm going to assisting her you know

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to have like a lineup meeting before we open for business uh in the evening >> so she can be able to be reonary with everybody and go over you know all the rules and regulation from the ABC. >> Wonderful. I appreciate that. And then uh the other thing I'm I'm thrilled to

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hear that your cameras are now operational. Um, I just wanted a reminder. Um, how long were the cameras down? I have an idea in my head from the last meeting. >> Good evening. Sorry I'm late. Officer

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Santiago, Chelsea Police. Uh, cameras were down for about uh three and a half weeks because uh she did provide um on the email. It's my fault. Uh through Comcast. They were down, they were up, they were down, they were up, but she didn't check them. So, I think we went

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over that, but they were up, they were operational, then they went down. So, about between three to four weeks, they weren't operational. But that was during the storm when the storm knocked down the wires and stuff. >> In my head, it's even longer than that,

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though, because that storm was back during the winter time >> and we talked about this at our last meeting and the cameras had just become operational. So, we were talking about a couple of months of those cameras having been down.

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>> Uh I remember we I I did the first inspection back in November prior to Thanksgiving and they were operational. So, we had the first between the first storm and the second storm is when she lost them. So, that's between January and yeah, like the middle of February

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around there is when she lost them. And then when we hit that incident is when she realized that they weren't operational. So that's when she uh fixed but then she she she provided um data from Comcast how they um went down the recordings and stuff like that. Not that

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that I still explain you're still responsible to maintain and watch your cameras >> because in your notes >> um in your supplemental report it states that the cameras went down in November of 25.

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That that was prior to Right. Correct. You are correct. And then she she fixed them then. >> I It doesn't sound like they got fixed then. She It sounds like it was stating that they she thinks that it happened then.

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>> Okay. I have to look again. So, um, it states here, "While on scene, I asked Yuri when she last checked the security camera system to ensure that the cameras were functioning and recording properly. Yuri stated that she did not recall the last

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time she checked the system. I advised Yuri that failure to ensure the security security cameras are operational constitutes a violation of the rules and regs of the City of Chelsea Licensing Commission. Yuri stated that she had been attempting to contact the individual who originally installed the

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camera system. She further stated that she believed that sometime in November of 25, Comcast technicians had been present at the restaurant and may have inadvertently caused an issue with the camera or security system. So, this tells me that when you were

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there on March 14th, and if I remember correctly from when we spoke last month, that was when the cameras had been down since. So, the cameras had been down since November, >> because I I definitely did the inspection. I remember they were

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working. So I'm just getting my dates confused here. But I during the incident they weren't that's when we discovered they weren't working at all and that's when she went back. So March the reason why we're here but um prior to my inspection they were working. So from so

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anytime after Thanksgiving it must have went down from there. So that that's my era. >> So I'm I'm pleased that the cameras are now working. Um, but as I think I mentioned at our last meeting, I I really wasn't very pleased that cameras had been down for so long. Um, as uh,

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Officer Santiago had mentioned when he visited in March, it's responsibility of the owners and managers to make sure their systems are operational on an ongoing basis, not waiting for an inspection and then finding out that they're not working and then fixing

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them. Um, so having them working now is wonderful. I appreciate you fixing that. But we do still have the problem that those cameras were down for a very significant amount of time. She didn't have any clue you know the cameras was not working because

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apparently you know looks like that they were on but that was not really you know working on the system but also she didn't check you know so it's not really you know concast you know situation you know but right now you know I expressed myself to her you know you have to look at it on your phone when when you are in

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in in your house, look at it all around. That way you know if the camera is working or not, you know, or when you are outside, you know, or anytime, you know, you can. >> Yeah, I believe we talked about this last month and I think it was with you and if it wasn't, it was definitely with one of the other ones before us.

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>> Um, well, no, I mean with Yuri because Yuri was here. Um you licenses need to make that part of just daily operations, correct? >> Where the manager or owner that is working that day checks that system just

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like you check to make sure your register is working and you unlock the door and you turn on the lights, you check and make sure that your cameras are operational. That that has to be part of the procedures of the daily business. uh that would be part also you

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know the u new procedures that I'm going to give it to her you know for the opening procedures and the closing procedures you know at midnight >> so that everybody has to be able to really make a check and write it down you know the camera is on and work

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>> and um what was the um what was the status of the other item the 20 2.09B with the employee consuming alcohol while on duty.

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>> So I believe we went over this um believe she hired this gentleman to do the retraining for all the girls for all the employees including everyone in the back anyone that she employs. She sent them on to this training that he provided. Um which they're all up to

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date with the tip certification. Um she also explained to the girls that are working that there's absolutely no drinking, there's absolutely no dancing, no nothing. Um she was very heavy on that. Um from my followup with Yuri, I

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did the initial investigation, check the cameras, then I did a surprise check on her. I did it on a Friday night in the evening. She was there. Um everyone I mean it's a small place kind of. Uh she didn't she wasn't that busy, but she had her phone with she has two phones. One

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was just dedicated to the business with the video consulant on um so she has 24-hour access. She also um showed me she bought a new hard they bought she updated a hard drive, new monitor, new everything. So she spent some money on that. But uh she spent some money on the

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training for the girls. So um she's been in contact with me with some of the rules and regs just to translate some of the stuff she wasn't understanding. with uh with his help and stuff, she was a up to date. As for the employee doing the shot, uh I believe she's still

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employed with Yuri. Yuri gave her another shot, but explained to her that can't they can't happen again. U I think we spoke about this. This is kind of like a thing with bartenders throughout New England and New York to see them take shots. So, I don't know how this is

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becoming a new thing, but I believe her employees here today. >> Um >> but but we did all agree to the bartender had done a shot. >> Yes. Yes. She's not She's not >> That's not in debate, >> right? She's not debating that. And then

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she corrected that behavior immediately from the last time to now. So, like I said, I've done a couple surprise visits on her. Um I checked the camera twice. Um every time I drove by or someone else, I have another officer would drive by, they will look and she's always

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there from morning to close. She's got two kids at home, but she knows about the parts about running the business, but she's always there. A phone call away. Um, other than that, we haven't had no issues, no problems since that. >> Okay. >> The other piece just unsolicited. >> You're not your microphone's not on.

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>> Unsolicited advice on this. the so there was a social media post because it was like wasn't this the one where there are a bunch of waitresses and then we were concerned about the number of employees that were working there and it was a promotional thing but just someone is we are not trolling your social media but

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somebody is and they're sending it to the police so I would just try to figure out a strategy around social media that it's not like because people are seeing what appears to be a violation and sending it to the police whoever is interested in that um that is not us but

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just be I would just sort of think about your social media and how you're presenting um because that is, you know, even if it's nothing you're violating, it just creates a situation. >> So, just to piggyback on that, >> yeah, >> she's not the only one. I advise this all the time from from

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>> our whole meeting last time was people sending social media to you guys. every bar restaurant owner throughout the city. >> I've been telling them, Sergeant Chun's been telling them, we get flooded with text messages, emails from everyone in the city. So, what you put, we always

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tell, be careful what you put on social media. We can't tell you what to put. >> Yeah. >> But just be cognant of what you're doing because there's, like you said, someone or someone ones are going around sending all this information, you know, coming to us. That's why you guys are here

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today, >> right? >> Correct. >> And that's on us. I'm not emailing Officer Santiago at like midnight trolling your social media. >> There was also Sorry. Um I just want to try to keep us on track. Um we there was also a commitment uh that uh standards

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of conduct would be in written form in Spanish and English. What's the status of that? >> That is correct. That's something that my partner and I we're working uh the code of conduct. Everybody has to sign that one. uh also include and the protocol internal protocol for the

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kiosk. Uh the consequence you know when they violating you know the uh ABCC rules can be you know from a verbal warning or written to the terminating deployment immediately. >> When do we expect to have that >> um

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>> it was a it was a commitment and a condition. >> Yeah that can be in time by Monday. I I already finished the part in English. I have to, you know, really translating in Spanish. Okay. The Spanish is going to be more important for me because that's the one that we're going to, you know, handle to everybody with the English. So, they need to read

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it, sign it back to her, and then, you know, we're going to keep in a file, send it to the office. >> Okay. And just to confirm, um, tips training has already been completed. That was to be completed by April 21st. >> That is correct. That's completed. I have here, you know, everybody, you know, >> and Ms.

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the the employee in question uh was not to return to work before April 22nd. She was suspended as I recall. Is that correct? >> Uh she was suspended for two weeks. >> Okay. So, she did not return for before April 22nd.

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>> I'm just trying to tie down a date. >> Uh She was terminated. >> She was terminated. >> Yeah. >> Okay. As a result of misconduct. >> The misconduct >> for no other reason. Just this >> just that one. >> Okay. Just trying to clarify the record. Y >> um Okay. >> So

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the the commission as I just to reiterate and again trying just trying to lay down foundations for any decisions. The commission found that there were violations >> uh with regard to the cameras and the employee drinking on duty.

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>> Correct. >> Okay. And now is there a discipline? >> Um so before we move to a discipline, is there anyone from the public that would like to speak on the matter? Seeing no one, we can close the public

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speaking. Um so the first step is um coming to an agreement about what we see they are in violation of which I don't think anybody is debating the fact that um we have found them in violation of 2.09B the employee consuming alcohol

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while on duty and 2.09 09H the non-operational video surveillance system uh failure to preserve and produce footage >> and the lency has admitted it so it's not a question >> so everybody is in agreement there um in

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terms of uh discipline um so I do appreciate the fact that everything has been um being fixed um I I appreciate the fact that the cameras are operational now I appreciate the fact that you're doing trainings, if you have an employee

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that's not doing what they're supposed to do, um terminating that employee, though I don't know that that necessarily negates all disciplinary um matter. Um I would think that at a minimum because these are both uh

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considered uh more significant violations. Um so I I believe that at a minimum this would have to have a uh two-day suspension held in obeyance. Um, but that's just my personal feeling and

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I am open to the rest of the commission's thoughts. >> I mean, I agree. We we we we have a schedule of discipline. >> Yeah, >> we we all agreed to it. So, let's follow it. We want to we want to be as lenient as we can, but we still have to >> follow that list.

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>> Yeah, I agree. >> I also said that u said that uh we've been having business bars and restaurants coming in front of us for stop drinking

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at the premises also cameras is the two things that we always have. I think it's time to start and uh try to to give them uh you know some discipline

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in these cases because uh so many and I just want to say that to all the business and restaurants and bars that if you have staff drinking at your premises we're going to be starting to be tough for now.

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And uh yeah, so there's uh two things, the cameras and drinking >> at the at the restaurant or bar. >> Yeah. >> Okay. So, what are thoughts in terms of an active suspension now or holding it

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inance? >> Is that what you propose a suspension in obeyance? >> Yeah. Okay. Y >> can be strict to the next time around if there is the next time. >> Yeah,

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>> these violations are level three as I understand it. >> So we take at least what that is. >> That's a 3 to five day suspension based on the proposed discip progressive disciplinary uh uh system that was adopted by the

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commission. >> Just I mean it's up to you how you handle it. keep us tied to what we've agreed to. >> Do you want to take a three-day or a five day in obeyance suspension? Is that what you're thinking? >> Well, we have to follow >> what we've stated.

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>> I agree. >> So, I' I'd love to hear other people's thoughts rather than just my own. >> No, I agree with that. >> I also agree that we should start doing the discipline for this kind of violations.

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So, if everybody's in agreement with that, um we can do a three-day suspension and it's not held in advance and um we pick a day. There's a certain time window that um we try to do um for when

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we have the suspension and I can't remember what that window is in case someone is going to >> appeal >> appeal. >> Um I believe it's a fiveday appeal period. I could be wrong. >> Um >> you're right. It is. I'm sorry, I'm just offering, you know, there are mitigating

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factors that the commission should >> may also consider. Um, the fact that this is the first offense >> is a mitigating factor. >> Also mitigating are all of the steps at remediation that have been taken. So,

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you know, to weigh the decision on how to apply the progressive discipline is ultimately at the discretion of the commission. But these are factors that um you are enabled to consider if you can ask him my opinion what what

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yes >> I think I prefer a larger suspension but held in a band rather than a shorter suspension that they have to serve and then hopefully that will get him to the line my opinion >> okay how large would you like to have held in advance five days

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>> five yeah >> I would Everybody in agreement for that? >> I'm okay with that. Um, would somebody like to make a motion? >> I'm sorry.

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>> You're holding it in advance for 5 days? >> No. >> Okay. >> Yes. >> So, how long are we hold That's what Mike said. And I don't >> He's saying a five would prefer rather than three days. He's saying a fiveday suspension held in obeyance

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>> rather than a three-day suspension. >> Okay. But that's not what you said. What you said was a five an oayance of five days. >> No. >> No, that's not what that's not what he said. I want to be clear because I'm writing the decision. It's a fiveday suspension >> held in abance for six months. >> For how long?

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>> Six months. >> Six months. A year. >> Six months. >> Okay. Thank you. And it is a fiveday appeal period. Thank you. Appreciate that. >> So, uh, can you just state that motion clearly?

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>> Motion to, um, motion for a 5-day suspension to be held in a payance for 6 months if there is no further issues at this site. >> Can I get a second? >> Second.

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>> All in favor? >> Okay. So um >> do you understand what happened? >> Yeah, I do. I I tried to uh telling her, you know, there would be a fiveday suspension. >> It's like probation, >> correct? >> It's a fiveday suspension. It's held and

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assuming that no other problems >> then it just sort of falls off. >> Okay. >> And so for the And for the record, the final condition was the written policy that'll be done by Monday. >> By Monday. you provide that to the police department so that they can

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verify that it's been completed. >> Absolutely. >> Okay. Thank you. >> Thank you very much. >> And again, thank you for fixing those things. Let's keep doing the right thing so you don't have to come back before us. Yep. >> Because if something else happens and

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you have to come back before us, it's that fiveday suspension plus whatever it is that happened and we decide that new disciplinary. It's 5 days plus whatever that new stuff is. >> So very very important to make sure that

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your team and yourself are following the rules. >> Okay. >> Yeah. Uh we make sure you know that she really understand you know the consequence. >> Thank you. Appreciate that. >> Thank you. Next on the agenda this evening, we have a continued disciplinary public hearing

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as to the non-compliance with the amusement and entertainment license as to the rules and regulations number 2.11C of the city of Chelsea licensing commission in regards to police report number 26-010009 to Axe Entertainment Incorporated DBA to

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restaurant and lounge at 73 Wimmit Street, Chelsea, Mass. >> Good evening. My name is Jean Mashado. I'm the owner of Toto Restaurant and Lounge. >> Good evening, Jean. Um,

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Sergeant Chung, can you um just since everyone wasn't here last time as well, um can you uh go over why we are here today for a disciplinary hearing?

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>> Yes. The last time we were here, we presented from an anonymous tip that came into my email of a social media posting from a DJ on an Instagram reel. Um, showing dancing h occurring at

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Torito's lounge in the basement location. Um, and we brought it to the commission's uh, attention and there is footage uh, but I'd have I would need some time to retrieve it. Uh, since we showed it last month,

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>> uh, I wasn't sure if the commission needed to see it again, but >> I I believe >> I think we there was a stern warning for that and I think that somebody was going to look at some videotape for four hours on a certain date, >> right? We were that's what we're going to get get into. >> Okay. >> Yes. So the followup was conducted

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assigned to officer Santiago. Um I'll let him testify on that. Uh but in in short there is no video due to uh other circumstances. Um there also appears to be a new change of uh a su supervisor

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overseer um in the space. So I'll turn it over to officer Santiago. So, I conducted a uh final inspection with Jean a few days ago. Uh so, Gan informed me u that his cameras went down

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after he discovered after the last hearing that we had last month. And as he was doing his thing from he lost all footage, cameras were down from April 25th before. So, we don't have footage or

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video from the day that we requested. With that being said, Jean hit the panic button, started calling everybody he knows about it, how to fix his computer, how to fix his hard drive. Apparently, he got some water downstairs in the basement, went into his uh into his hard

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drive, a CPU unit that was on the ground. He immediately told me about it and he went to I believe a couple of computer stores in Sunville Microenter in Cambridge to retrieved the the data from the hard drive. I'll let him

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explain that. With that being said, uh I he did tell me everything is fixed, up to date. I went again today. I spoke with this security guy that does the IT stuff and also the cameras. They do record, they do film, but I got to go back in 30 days, so it doesn't count. So

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May 27th will be 30 days and I'll go back and I can do a formal inspection of the cameras. But that being said, I can let Gan explain what happened. So, we don't currently know that the cameras are actually functional recording 30 days. >> As of right now, I you showed me today. They're on, they're working, they're

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recording, but I do not know if they'll hold more than 30 days because we have to wait till May 27th. That will be the 30-day period. >> So, should we move this to June then? I don't know. >> The reason for the continuence was to

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>> the and then >> and then the day before and the day after. >> So now that's impossible >> conveniently. >> Yeah, >> I need to make a correction. >> So if you go back to the recording of the previous meeting, that's not really

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what we're discussing here. On the previous meeting, we concluded that there was no violation regarding So you can go back and just check your own records there. >> We didn't say there was no violation. and we said that it was hard to hold you in by it. Don't shake your finger at me. >> No, just a second. You interrupted me.

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I'm sorry. >> I run the meeting. Don't shake your finger at me. >> Oh, I'm sorry for >> You have lied. You have stood before me and lied to me numerous times. So, my tolerance >> think I have lied. >> My tolerance is almost gone. >> I understand, but I have not lied. >> You have because you told me you were

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running a family restaurant, and that is not what you were running. >> Okay. Can I >> explain to me why you do why you did not have operational cameras. >> Can I just finish that? So on the last meeting which we have records of it, we was determined and everybody voted that

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there was no violation regarding the dancing. What happened afterwards? Sergeant uh uh Officer Santiago pointed out that somebody had sent a picture of somebody of some of the girls with

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clothing and that was shown here that was too revealing. On the same meeting was determined that the picture could not be said that that was a violation. So the first the first uh subject that was discussed regarding the dancing was

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cleared. So we have this on record. We didn't clear it. We stated that it was 7 seconds. So, we weren't going to find you in violation at that time. >> That is what the meeting was, >> ma'am. It was voted. You guys voted and said it was clear. So, it is your on your own records. So, so we're not

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disputing this here. You have it on your records. >> It was It was a verbal warning. >> Correct. So, to >> Yes. We didn't say you didn't do it. We said it was seven seconds and we weren't going to find you in violation for seven seconds of people dancing.

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>> So afterwards, so after that subject was resolved, Officer Santiago pointed the uh picture on the social media which should also be on the minutes of the >> Yes, I'm very well aware of that. >> Yes. And that's when he said and was

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also discussed and said that those pictures were not perceived a violation and that was also cleared. But officer Sanchago said, "Gee, I want to see pictures. I want to see video surveillance of that specific date." Now, I have a letter here that explains

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everything that happened afterwards if I'm allowed to read. >> Go ahead. >> Okay. And I have a copy for every member here. >> Please hand them out. >> I'm sorry. Please hand them out. >> Oh, thank you. >> I'll hand them off.

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So, uh, regarding surveillance video system failure and recovery efforts to the city to the Chelsea Licensing Commission, IG Mashado, owner and operator of Toledo Restaurant and Lounge located at 73 WT Street, Chelsea,

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Massachusetts, respectfully submit this letter to explain the circumstances surrounding the requested surveillancing footage from February 14, 2026. On April 16, during a meeting of the Chelsea Licensing Commission, Officiago

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references certain social media posts associated with Toito restaurant and lounge uh and lounge showing waitress wearing revealing outfits. The discussion occurred during the public hearing listed on April 16, 2026

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licensing uh uh commission agenda regarding to restaurant lounge. Although the licensing commission agreed that neither the social media post nor the clothing shown in the post constituted a violation, Officer Santiago requested that I provide video surveillance

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footage from the establishment for the night of February 14, 2026. On or about April 23rd, 2026, I contacted Officer Santiago to schedule a meeting at the restaurant so that I could retrieve and provide the requested

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surveillance footage to the city Chelsea police. Officer Santiago informed me that he would not be available until Monday, April 27th. When I attempted to recover the requested footage on or about April 23rd, I discovered that there was a problem with the restaurant

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video recording uh system. Immediately after discovering the issue, I contacted my IT specialist with Willie Negrus for assistance in recovering the recording. Mr. Negrus attempted to uh access the system but was unable to recover the

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data and recommended that the video surveillance specialist inspected the equipment. On Saturday, April 25th, I contacted Flavio Dan Santos of Network Security and Wiring Solutions LLC, the specialist who had originally installed the video recording system at the

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restaurant prior to opening. Mr. Dub inspected the system at the restaurant on on Sunday, April 26, and confirmed that the two hard drives utilized by the recording device had been damaged and were no longer functioning. Mr. D

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Santous further informed me that at the time of the original installation, he had specifically instructed the restaurant ownership, myself and management to retain and utilize a data rack. So the recording so the recording equip equipment would

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remain elevated above ground level. According to Mr. Dantus, this recommendation was not implemented at the time. Based on his inspection, Mr. Dutans believed the equipment had likely suffered water damage causing the

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failure of recording system and the loss of the stored data. Immediately after learning of the equipment failure, I authorized Mr. Dutus to procure and install replacement equipment without delay. Mr. Dutus installed new new recording equipment and also installed a

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proper data rack to ensure that all recording equipment would remain elevated and protected from any future water damage. Recording capability was restored immediately upon installation of the new equipment on April 27, 2026.

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In additional efforts of recovery the requested footage, I personally delivered the two damaged hard drives to Somerville Computers, a wellestablished uh business specialized in computer technology and data data recovery service. Somerville Computers attempted

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to recover the information contained on the hard drives, but concluded that both hard drives were damaged beyond repair. An invoice and or written statements from some view computers confirming this conclusion will be provided separately. It's attached. Uh I informed officer

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Santiago of all events described above including the equipment failure, replacement of the system attempted that attempted data recovery efforts and installation of the new equipment. Officer Santiago subsequently reviewed the newly installed recording equipment,

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communicated directly with Mr. dos regarding the installation and system conditions and provide instructions regarding continue operations and compliance with the city of Chelsea or ordinance. At all time, I I acted prompt

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promptedly and in good faith in attempting to recover and provide the requested surveillance footage and to ensure that the establish the establishment remain compliant with all applicable requirements. Sincerely, Jim Mashad. >> Uh, thank you for reading that. I would

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first like to state that the date that he was looking for footage from was not February 14th. He would not have asked for February 14th because that would have been too far back. What he asked for, which is a matter of public record, was April 11th. >> Okay. I'm sorry for that, Michael

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Fusion. >> Uh comments from my fellow commissioners. >> Just when did you when were you informed that the the were down right away. >> No, I just found out about a week ago.

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>> What did you find out? >> He he he in all fairness, he was trying to I was away on vacation. >> I was dealing with with my family on personal matters and stuff. Uh but I have a work phone, so I I'm taking care of some stuff at home. But he did tell me that he had to talk to me about a

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couple of things. And I told him, I said, "Soon as I come back, we could talk about it," which I did. Then he told me about the cameras. I said, "Regardless if you can't get a hold of me, >> I have other partners that you can reach out to as well." >> So, but >> and that meeting was on April 16th when

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you've requested that footage. >> Yes. >> So, um >> which means the footage should have been turned in within 48 hours, right, from that meeting. But he realized from that day of the meeting >> the date that you're referencing having

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noticed that it wasn't working is after that >> to that on right after the hearing uh we started communication on the weekend I contacted on the Friday on Friday after the the meeting meeting here I contacted

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officer Santiago and he replied saying gene I can only be available on Monday. So the meetings went usually on Thursdays. We talked on the next day and he told me he would only be available on Monday. So on that weekend I tried to

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retrieve we had scheduled for Friday to get together. So right after the meeting, the day after the meeting, we scheduled to get together. And then maybe I have dates wrong there, but it was the day after the meeting. And then on the next day, I said, "Okay, can we

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meet at the restaurant?" And we kind of agreed, but then he had issu some other work problems and he said, "I can only meet you on Monday." But I went to the restaurant to get the data anyways to to get the thumb drive. And on that date, we found out, okay, we have a problem and we fixed the problem on that same

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date. So, >> so again, our meeting was on April 16th when he requested that footage. And when our police department requests footage, you're supposed to submit that within a 48 hour time period. So, that is the 16th, which means that this should have

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been submitted by the 18th. We're talking about the 23rd and the 27th. He's not the only person that works for the police department. I'm pretty sure you know where the police department is. It's right down the street from your location. So, there's no reason if you

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had that footage and you had gone to look for it in a timely manner as you are supposed to that you couldn't have brought it to the police department. >> That is correct. I was in communication with officer Santiago and I thought because I didn't know there was an issue

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with the footage, I was just waiting to contact to get together with him and provide that directly as he was always my point of contact. But you're correct. I could have contacted somebody else. I I was only under the impression that he was he was always available. I just

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assumed that we could do >> and and we have stated this at numerous other meetings that there's a full police department that can accept footage. Um we also have our our licensing department that can assist. There's numerous people here. So

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there there is no excuse for not having it ready in time. And it I' I'd love to believe that the the uh system was actually damaged, but um your

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credibility with me is kind of shot. Um so it seems like a very convenient thing um that we now don't have footage that we were requesting to prove your innocence and now that's gone. Um, so

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personally I am and you've stood before us and the way you present yourself half the time when you come before us, it is just infuriating to be honest. >> One thing that I really want to point it out just so we keep this I understand

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you you have emotions regarding this situation. But one thing that I want to point it out and >> I just please don't call a woman and say she has emotions. >> No, but you said infuriating it's infuriating to be lied to. Yeah, I'm not lying. And the other point that I want to make a point is we're only

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discussing if the girls were dressed inappropriately. >> No, we're discussing the fact that there was video surveillance requested that you did not >> correct. Yeah. So like if I'm what I'm trying to point out is on that date

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was we were discussing if the girls were dressed inappropriately or not. And that's why I went to retrieve footage to provide to offic. And that's when I found out all these problems. And I apologize. I understand that this is does not look good.

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>> And we weren't just requesting that footage to see if the girls were dressed inappropriately. We were requesting that footage to see if there was more dancing than the 7 seconds that was shown on a social media clip. That is why we were requesting video. >> There was no >> Yes.

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>> Sergeant Shong told on not tell me again that I am incorrect. >> Yeah, but I need to point to the minutes of that specific >> sir. We could we could go and we could play a video of that meeting where one of our commissioners actually made the statement that we are not going to do

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not interrupt me while I am speaking. >> I'm not interrupting me. We will not hold you in violation for a 7second video clip that people might have stood up next to the tables and danced because you may have had staff that went over and asked them to stop. So, we weren't

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going to hold you in violation for that. We then presented the people that were dressed way too provocatively to be working in any sort of a restaurant in our community. And then we asked um in

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communication with Santiago to have footage pulled to see if there was violations on that day. And then you are unable to provide us with said footage because we were giving you the benefit of the doubt and we weren't going to

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find you uh in fault of a disciplinary matter based upon a 7second clip. We didn't say you didn't do it. We didn't say you weren't in violation. We weren't finding you in violation over a

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7second social media clip. Do you understand the difference? >> No, definitely do. >> Okay, we're done. No. Okay, >> fellow commissioners thoughts. >> I want to say again, we have so many

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business that come in front of us for the footage of the camera. Almost everybody who comes in front of us, the camera doesn't work. They ask for uh footage

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and it's never working. We're going to have a problem with a lot of business especially with this kind of things that they never have the camera working. >> It's very convenient that the cameras don't work >> and and

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not only him so many others that came in front of us and that's the problem. Cameras the cameras is good for your business for your workers and for us when we take a decision over here.

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I want to say can ask a couple of questions. >> Yes. >> All right. So, um Mr. Mashado, you wrote this letter? >> Yes. >> Um it's dated today, May 14th. Um did you write this today? >> Yes.

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>> Okay. And everything in here is true and accurate to the best of your knowledge. >> Correct. >> Okay. Um you stated earlier that you were wrong on some of the dates. Which dates were you wrong about? Uh was it the February 14th? That's one of them. Maybe the date of the hearing.

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>> Okay. And so according to this, we had the licensing commission meeting on April 16th. On the 23rd, you contacted So a week later, you contacted Officer Santiago. Is that true?

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>> That should be correct. I have uh on my phone the dates I called him. >> Okay. But you wrote the letter, right? That's what you're saying. All right. So, I'm just like I'm trying to figure out if there are problems in the letter that need to be addressed. That's why I'm asking the question. >> No, I appreciate you doing that.

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>> Okay. So, um then you discovered that the footage was not available when? >> So, >> on what date? >> On the same date I had we had kind of agreed to meet at the restaurant so I

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could give him the thumb drive. I would get the the footage and give it to him >> on the 27th. No, the 23rd. 27 was >> That's not what your letter says. >> Okay. That's why I'm just trying to What you're saying isn't >> Yeah. No. No. So, I'm sorry. I can't correct the letter because I I wrote it

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today after we had the conversation. >> Yeah. So, we talked and we agreed. Okay. Let's meet at the restaurant and we go to I'll get the the day the thumb drive and give it to him. >> And you were gonna and I'm sorry. I'm gonna >> Sure. Please >> interrupt just to try to narrow it down

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so that we don't go off into other areas. We So you agreed to meet on what date? >> Was I think was the 23rd. I have kind of the text messages that we had. >> All right. 23rd. So on the 23rd is when you discovered that your video system is no longer operational.

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>> I I found initial problem because I'm not the specialist. So we said, "Okay, let's meet at the restaurant." He couldn't make it. I think on the next day or the same day, I don't remember. I went there to to get the video and have it ready for him when he was coming back. And then I I couldn't do it. And

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then when I found I couldn't do it, I called this guy to help me. He couldn't do it. We called the guy who was the specialist, the the big the guy who really installed it. >> What do you mean when you say you couldn't do it? >> Cuz the cameras were functioning and we

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could see the cameras on the big display there on the on the TV we have. But then when we try to when we try to get this thing back when we try to get this thing back they would say it's when we try to

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do the download it wouldn't download >> and we have video of the guy the next day the date on the invoice is because today I requested this invoice from uh Mario on summerview computers that's what the dates is also today's dates on the invoice because I requested the

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invoice today to provide you guys of that. I called him today to say, "Hey, Mart, I need this." And I only wrote this letter and prepared this today after talking to Officer Sanch. >> So, all right. So, yeah, to your point, there's no uh date

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on here indicating when the service was provided. >> I can request that. >> Um, all right. So, you have a you have a non-functional video system. >> I had Yes. >> Which is a violation, >> correct? >> In and of itself.

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Um you not even touching on the convenience as it was called earlier. Um I just when when did you alert officer Santiago that you have a nonoperational video system?

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>> Right when I found out I I started calling him and we couldn't communicate for a while. As soon as we could communicate and I he has all my text messages there saying I need to talk to you. I need to show you something. We need to talk. And I kept on sending. He

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has all my text messages there and all the calls. And as soon as he came back, I communicated with him what was going on. >> Can you give me a date? >> What do you think? >> Well, looking at my phone, I I can't

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say, but I would say when did you realize the 23rd of April that it was in? Maybe like a couple of days before that. Well, the 23rd is when he states that he contacted you. >> Yeah. >> To schedule a meeting. >> Yes. So, right after that, so a few days

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after that, I would say I don't have my work for him. It's in the car charger. But, and again, I replied, I was like, you know, I'm in the middle of stuff. I got some I took some time off for myself. But again, I work with other people that he couldn't contact. He has the thumb drive. I understand what's

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going on. But you have to take that as in your own hand. You're a business owner. So, on that like is always saying you always mind what you're doing your business your cameras are recordings >> uh so based on the failure so what I'm

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understanding and you can correct me please that the cameras work but you don't record >> is that it seemed that the bottom line they were all everything was working but the two hard drives were not they were failing that that's correct trying to

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record but was failing correct >> okay right Um, and so what and so you don't know when this happened for how long of a period and presumably you have lost all of the data >> prior to that

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>> prior to the recent installation or correct which is on what date? >> Uh 27th. We had everything back on Sunday. On Sunday, correct? >> April 27th. >> No, no, 26. I'm sorry. Sun on that Sunday we had everything back. >> So you've lost 27 Monday. All all video

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footage prior to April 26th. >> Correct. And just one thing to point out, I'm not sure if I should even should, but on the last meeting, Officer Chong said that was already way too late to retrieve

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footage of the date of the dancing. So, we're not the date of the dancing and the date of the clothing were not the same dates. The date of the dancing was already too late to retrieve footage. We can verify that. >> We're only trying to retrieve footage

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for the day of the clothing. >> No, we were just retrieving footage for a specific date that Officer Santiago had picked at random. It had nothing to do with anything in particular. It was a date at random for us to see if there

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were violations. >> Okay. So the invoice that you've provided that's dated today um without the service date it says I checked both hard drives to save data

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but there is no way to do it with software. >> That's correct. >> I'm conf so it's hard for me to understand is it software problem because you said there's water damage. What's what's the problem? So what I

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witnessed I went there and then I sent Willie back there again uh to try it again. What uh we saw happening was this um we took the two hard drives there. I I did initially right on Monday. He puts

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on a machine uh that tries to recover the the data that is in there and the machine runs runs runs and say failure the same as the machine in our office. And he said, "Jeen, it is it is possible that if I

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don't know some super genius can do this, but none of this the equipment we have here in the software can do the I can I can request a better invoice from him." They're specific to the date. >> So that's not the question. Um, so it's his software that he can

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>> his recovery software, his recovery system. >> I'm trying to understand what's what's written on the invoice. So I'm >> Yeah. and the date of the invoice is because today officer Sach said prepared a letter to the commission and get any

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documentation you may have. So I wrote this letter after meeting him and I called uh some of your computers and requested this invoice. That's why he sent me this. But I can have him write better language here if it's necessary

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and point to the date he he performed the service. >> I don't know that it's necessary. It's that's It's we're just trying to get to the facts. >> Sure. >> So your call how you want to do it. Um

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>> my biggest fault if I can interject is the guy who sold us the system was clear on saying this cannot be on the floor and it was on the floor for a while. So I have to take responsibility for that. I understand was my fault. He instructed

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clearly and he was there with uh officer Santiago today as well and he was clear on saying this equipment cannot be on the floor and u was in our part some negligence that the equipment remain on the floor for too long and when he put this this new thing he got a data rack

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to put the equipment up. So was I have to accept that we have responsibility on leaving the equipment on the floor. >> Police department just had a couple questions. >> Yes. Uh, couple of questions for you, Jeans. Those two hard drives, do you still have them in your possession?

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>> Um, I'm not sure if it's with uh some of your computers or with us or what we did with that. No, but I can try. >> If you still have them, can you provide it to the police department? >> Absolutely. Yes. >> Okay. My other question is um my understanding >> within 48 hours.

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>> Sure. I'm going to call and see what happened to the hard drives. Absolutely. >> And you'll let the police know within 48 hours? >> Absolutely. I can write a letter. is not available, you will let someone else. >> I'm I'm going to try to get other phones as well, other contacts there that I can reach out. Absolutely.

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>> You can always call the police department directly. >> Yeah. Okay. >> Even if you just dropped it off, you could leave it for officer Santiago or myself. >> Sure. Thank you. >> Uh the other question I had was officer Santiago informed me that Maria is no longer with you guys. >> Correct.

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>> And you opted to hire someone else? >> Correct. Uh we intend to bring uh two new managers before the licensing commission to for approval. >> Um my daughter was ill and still a

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little ill and she's pregnant. So it she can't >> Congratulations. >> She can be there. Yeah. >> Um okay. So you're going to declare the second manager? >> I'm sorry. >> You're going to declare the second manager soon? >> We're going to get two new managers. Correct. >> Okay. And but will Ashley still be the

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primary manager? >> No, she will not. >> Okay. She actually stepping down. Um have they already been hired? >> Yeah, we have Davier. He's already hired and uh we believe by Monday we should have a conclusion with Fernando. He uh

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David used to have a a bar in uh East Boston, I guess. Lynn, I guess. and Fionu was a manager on a large restaurant and I think today he's a manager at Del Friscus. >> Okay. So they have David has already started working.

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>> Yes. >> Okay. Have you notified the commissioners or the law department? >> No, because we we're still on this transition of getting these people in and the application with the my attorney has the application to present this new thing to the commission and the ABCC. >> And when did David start working?

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>> U just just this week now. >> Okay. Because a Cy check is going to have to be conducted by the police department. >> Sure. >> Before >> the application needs to be approved, submitted and approved. >> Before they can even start work working. >> Okay. And for now, Ashley is still the

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responsible party. So, we was >> going to present these two two new managers and employees to the commission. >> Okay. But to this date, you have not informed the law department. Correct. Except now that we're having a conversation about it >> because it's not official as I said.

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>> Okay. Do you have anything? >> Yeah. So, >> who is running the business when you're not there? >> Myself. And >> when you're not there >> and actually when she Yeah. >> Where's Nate >> in this?

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>> Nate is uh >> is he a manager? >> He's not a manager. No. >> So, what is he? >> He was my partner when we started. He's no longer my partner there. >> Okay. So, it's just you and your daughter. >> Correct. There is donate and this guy

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from that you're going to bring forward from Anteneelli's from Rivier former man. So he's going to run the restaurant slash >> lunch. >> Yeah. >> Yes. >> Yeah. All right. Just get all that information together for Sergeant Chong. Get your hard drives

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together. I'll make sure I'm available. All my personal matters are taken care of. get everything that you need to get for the commission so we can develop something here to help you. Help us help you. Okay. Um, as for your place of

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business, again, I've set up here, I defended you multiple times, but you you're investing a lot of money into your business, and I want to see it successful. It's a beautiful restaurant. It's a beautiful place. I've given you

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my opinions. S Chong has given you her opinion on what you should do. So you're not up here. You're too young to be here as a business. You're not open a year. Matter of fact, you opened up late. So help us help you get everything that they were requesting. And I mean I I

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keep hearing Nate's name, but I don't see him. So I don't even know who he is. >> One thing I want to make sure that I clarify, Officer Sock was extremely helpful through this whole thing. So the reason the reason We didn't communicate has nothing to do with his personal

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thing. It was more conflicting because he helped from the beginning. He and the reason why I felt that I could just wait for him is because he always he was always there to give clear instructions or what we needed. >> Our thing is like you do things I I see

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that you do things, you know, you're on you're on top of things. You initiate things. However, it's not so much your timeline. It's the city of Chelsea's and ABCC timeline. Okay. And you're putting a lot of people overseeing your business

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while you're not there and while Ashley is ill. Um without informing us of anything, even if it's not official, >> as soon as you hire somebody or if you're going to employ somebody, you need to keep us informed right away. Just like when if things go down, you need to let the law department know or

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the police department know right away. Um because there is a timeline that you have to follow. We don't follow your timeline. You follow the city's timeline you follow. So there's this issue of this manager supervisor has come up even when you employed Maria. So, like that's

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what we're trying to tackle too is so that you understand that before anyone can be a manager and run a licensed business in the city of Chelsea per ABC regulations and the city of Chelsea's rules and regulations, they need to be cied because we have to judge based on

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their character if they're even able to oversee a license establishment. >> Correct. >> Thank you. So, at this point, what the commission has in front of it is um a possible violation based on statements that Mr. Machado has made that he's the

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manager and he was hired as a manager. He started to work, but he's not it's not official and you've sort of been all over the map on that. Um that's a possible violation. Um it would be need need to be noticed out for next hearing. Um the uh possible or the the admitted

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violation on the video um is also something that needs to be noticed for next meeting. That's what I see. >> I agree. Um and I believe you have shared with us at a prior meeting that um your your daughter hadn't been able

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to perform a lot of the duties as manager um due to her health, which obviously sorry to hear that. Hope you get better really quickly. Um but you you do need to have somebody that is a matter of record with the city that as

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Sergeant Chung stated has been coreied. So the fact that your daughter has not been um managing the business is a concern because there is a window of time that is permitted um to not have

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the uh the change of manager approved by the city um without you being in violation. And um your window for submitting that application to have it before us um is closing very quickly. Um

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the deadline for submitting uh anything for our next meeting is May 22nd. So if our uh law department uh does not licensing department does not have a full completed application um with all

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the necessary fees and everything else that needs to be done by that date, not end of day on the 22nd um by that date, then it won't be able to be heard at our next meeting. We're not meeting in July

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as was discussed at the beginning of our meeting. So you would be clearly in violation at that point if you have not done that >> subject to shut down. >> Yeah. One just one comment on this. The application is ready is with attorney Mark White. >> Make it happen >> and he should

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>> but it's your it's your responsibility that that gets turned in. >> I appreciate >> um so you don't have that um go against you. >> Sure. Thank you. >> Um >> sorry. Can we >> motion to continue?

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>> Yeah, let's wrap it up. >> What are we doing with that? >> Would you like to make a motion to continue or >> Well, >> you have two matters >> because we still don't have >> Yeah, we don't have the video. >> We don't know.

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>> The video is operational yet. >> Yeah. >> So, we already know he's in violation of it, but >> um So, right now the camera's working, right? Correct. >> The cameras are on. Is on. >> We just don't know. >> That is a fact.

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>> We're all talking. >> One at a time for the record. >> There are two violations potential. One, a defective video surveillance, which is a violation. The statement was I have he has a

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defective he had has remedied but had a defective video system. That is a violation. full stop. What the commission decides to do on that needs to be decided at next hearing if it's going to be marked

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up for and noticed for a hearing for a disciplinary matter. You have the manager issue which has been ongoing as I understand it. Statements that I hired somebody, he started to work but now he's not working in an official capacity. There there are serious

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concerns that the commission can choose to notice for a possible disciplinary action for the next hearing based on the ambiguous manager situation. Those are the two issues that I see right now in

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front of the board. with regard to the video that was a concern that the commission is empowered to treat that under the umbrella of the defective video system. >> So I would be inclined to continue the

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discipline uh disciplinary hearing to the next meeting. Um, while we can settle the rest of these matters, we can confirm that we have a video surveillance system that is fully operational, recording 30 days worth of footage. Um, we will know at that point

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whether or not we have a presentable um candidate for uh manager of record. Um the we've already stated a as uh Mark Mark said

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that the camera system wasn't working. Um we also according to um Mr. Mashado's own letter. He didn't contact Officer Santiago to schedule a meeting to give him the requested

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footage until a week after our meeting, which is already later than you're supposed to be turning in footage. Um, so I would be inclined to wait to rule on what the discipline will be until we know if everything is fully operational

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next month. >> Yeah. Should we make So do I make a motion to >> motion >> move >> motion your the video is new the video the defective video system is new it's a new matter it needs to be

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>> for a hearing at the next hearing motion to set disciplinary hearing with regard to defective video system. >> So a motion to set a disciplinary hearing in regards to the defective video system. Can I get a second?

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>> I second. All in favor? >> I. >> That's one. You have the manager situation. If you choose to move that to a disciplinary hearing, it needs to be done in a similar fashion.

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>> Can we have that as part of the disciplinary hearing since we have been told for a couple of months now that >> have noticed? No, I'm I'm saying can we move that to a

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disciplinary hearing since it has been commented on >> yes >> on numerous meetings >> that yes >> I don't even think we need to I think I think we don't get anything in the short window >> there we have to because of the way the

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rules work so it has to be a matter of >> but we've been just putting things on we haven't been doing the two two meeting rule anymore we find something we just put in front of them so >> but they have to have the notice of the discipline. >> We haven't been >> They have to have the notice of the

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discipline, >> but we haven't been doing it. >> Okay. >> We haven't given the extra the next week. We just do it. >> They have to have the notice of the 30-day discipline. >> The notice has to be issued for a disciplinary matter. >> Right. I don't >> Emily, do you want to make a motion on that, please?

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>> Yeah. So, a motion >> to move the We already did the video. What's this the disciplinary? So this is a motion on uh non-compliance with manager of record. >> All right. So move motion to

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>> I think it's section 2.03 I think. >> Move to a disciplinary hearing the compliance issue around management. General enough in case we're wrong on the 2.03. Can I get a second? >> I second that. >> All in favor?

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>> I. >> Can the police department ask a question? >> Of course. Miss Machado, what what date did the uh new system is now working? >> Uh I can't check on my phone, but on the 26 >> 26 >> on the 26 was we put it put it back

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>> 26 it should be working. >> It should be working. >> Okay. So that's >> I can't check on my phone cuz the guy was there either 26 or 27th. >> Okay. So um we'll follow up 30 days after. Okay. Which would be around the 27th of May. Yeah. Is it Is it set to

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record for 30 or 60 days? I think there was a representation at last hearing that who thought it was a 60-day break. I could be wrong. I'm just trying to clarify. Is it 30 or 60? >> I don't know, sir. I can't I can't tell you. If I say either way, I wouldn't know. >> All right. So, it's a minimum of 30

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though. So, we will follow up with you pretty much the third week of May or the end of May to make sure there's 30 days rotation. >> Sure. >> Thank you. and the the matters of

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the 2.11C are um >> you can >> can we make a motion to continue that in and roll it up with the new disciplinary matters at our next meeting >> 211C

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>> uh 211C yes >> all right so a motion to move to continue the 21C to our Next hearing, disciplinary hearing >> as part of >> as part of the disciplinary hearing. >> I get a second. >> I'll second that. >> All in favor? >> All in favor?

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>> I. >> Does that work, Mark? >> Um, Emily made a motion to continue the disciplinary hearing for 2.11c and roll it in with the other two new disciplinary matters next month.

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Just to reiterate, you could provide the hard drives within 48 hours. >> Correct. >> Okay. >> Or attempt. I'm not I'm not sure if we are still in possession of that. >> Let me know so I can update the sergeant and the captain about what's going on.

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Uh he I believe attorney um >> correct. Correct. >> Anything else? Okay. Um, so we'll continue this at next month's meeting on uh June 11th.

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>> Perfect. >> Is uh that would be all. >> Thank you. >> Uh is there any other business this evening? >> Seeing none, our next meeting will take place on June 11th. Meeting adjourned.