Good evening everyone. Uh this is a meeting of the Chelsea Licensing Commission. Today is Thursday, April 16th, 2026. I am joined this evening by my fellow commissioners Neo Lopez, Mike McAteer, Emily Churnia, myself, Marty
McAlpine. We have our ad our licensing administrator, uh, B. Hernandez, our assistant city solicitor, uh, Mark Rossy. Uh, we have officer Joe Santiago, uh, Sergeant uh, Chung. I also see
officer Mclofflin in the audience joining us this evening. Uh so thank everyone for uh being here this evening. Apologies for running a little late. Uh we have a bit of a lengthy agenda this evening. So we will try to keep things
moving as quickly as possible. Couple of quick housekeeping notes before we get started. Anyone who is coming to speak before us this evening, please make sure you step up to the microphone. Clearly state your name, reason for coming before us. If there are multiple people
coming up to speak on a matter, we ask that you each step to the microphone to speak. It makes it so we can hear you better up here and then folks that are watching this at home or on a recording later are also able to hear the discussions that are taking place in the
room. So with that, we will move right into our agenda this evening. The first item on our agenda is an approval of the minutes from our March 19th, 2026 meeting. Uh will someone make a motion to approve the minutes for the March
meeting? >> And a second. >> Second. >> All in favor? >> I. >> Thank you very much. Miss B. Uh do we have any updates? >> No updates. >> And what about communications?
>> Yes, we have those. Um, so our first communication, we received an email today. So, April 16th at 3:10 p.m., we've received an email from Will Kaufman. Um
he's asking here hello all due to extenduating circumstances I am not able to attend a licensing commission meeting tonight but would like to request another continuence regarding the matter of noise from to lounge to next month
for the same reason as last requested. We are having some improvement but issues are not fully resolved yet. Um and he asked for myself in your role are you able to please share this request with the commissioner or I'm
sorry the commission on my behalf? If so I would appreciate it. Please let me know. Thank you from Will Kaufman. So um we had Mark Rossi our attorney here um respond
his response today. Hello Mr. Kaufman. The law department received a request to continue the matter involving your concerns about noise with Torto Lounge. As the matter is a dispute that involves you and the Lency and not the city, it
was placed on the commission's agenda as a courtesy to both parties and to hopefully facilit facilitate resolution. Notice for tonight's hearing event was provided and the commission
may request an update on steps to um remediate the problem from the lency. Given the twoparty nature of this dispute and the city's nonroll and the connection with it, it is
possible that the matter may be deemed closed or it may be allowed to remain on the commission's agenda depending on how the commissioners voted this evening or vote this evening. That is um the first communications. Second communications is
on the same matter. Um, this email was sent in on Tuesday, April 14th, 11:26 a.m. and it was sent by Mary Shepard.
Um, it was addressed to Naomi, but it was sent to our 311. So, hello Naomi. Inspection Inspectional Services reviewed the below service request submitted to 301 and it's requested it to be forwarded to your
attention. To Lounge opened roughly 30 days ago and has consistently abused their entertainment license by playing music at a volume that can be heard outside of their premise boundary. Per the city rules and regulations, Toorto
has been in violation of section 2.11b for the majority of days and nights they have been opened more than 25 out of 30 days. They are open seven days a week until at least 11 p.m. and three days a week until 1:00 a.m. Thursdays to
Saturdays they have a DJ in their quote unquote club. All of which can be heard outside of their premise boundaries. The managers and owners of the business, while somewhat responsive, are unable to control the volume levels to the extent
that the entertainment could not be heard. We are submitting this to the Chelsea 311 system to get an initial complaint on the city's radar. Apologies if this was submitted under the wrong issue type.
And that's it. And when was that dated? >> Um on the 14th, Tuesday, >> but it references that they just opened a month ago and they opened >> November. >> Yeah. >> So at the bottom of this it says the
submitter's name is Mary Shepard and she can be contacted. >> Okay. >> Um with the phone number, her email. Please note this request was uploaded via 311 app on 122725. We're just we're just getting this from
311, but it was uploaded. >> Okay, that makes more sense. I'm like they they've been in operations a lot more than 30 days, so the timeline didn't make sense. Yeah, >> but that makes sense. >> So, that's that. That's it for the communications. >> Okay, thank you for reading those in.
With that, um I see that the next three items on our agenda are the renewals of some of our um annual licenses. >> Yes. >> Um and these are all um just renewals
of standard that have already been in place. Correct. >> Correct. Yes. >> Um how does everybody feel about doing these all together? Yes. >> Yes. >> Great. >> Fabulous. Then um
can uh or I would like to make a motion to approve all completed um 2026 petroleum garage and parking lot and old gold and pond broker licenses.
>> Second. All in favor? I >> perfect. From there, uh the next item on our agenda uh is a public hearing for a new garage and repair license for Boston Automaster Limited Partnership at 42
Pearl Street, Chelsea, Mass. Um we are going to need to move this forward to next month um as they still need to notify their abuters. Um,
so I I I would like to make a motion to continue this public hearing uh to our May meeting. Can I get a second? >> A second. >> All in favor? >> I. >> Thank you.
Next on the agenda, uh number five, we have a continued public hearing for issuance or transfer of stock new stockholder of a beer and wine alcohol beverages on premise license application for Rancho Lasposus Incorporated DDA
Rancho Laspus at 362nd Street, Chelsea, Mass. Um this one I am also um going to be looking to move forward. Um as uh if my fellow commissioners recall, this
came before us I believe a couple months ago and there is a a pending um matter that is that is still underway. Yeah. Um, so I would like to make a
motion to continue this to our June meeting to give the lency um and um the um situation a chance to >> resolve the situation prior to coming before us. Um so
>> may the police department please? >> Yes. >> Sorry to interrupt. Um that's not going to resolve until end of June. >> Okay. >> Unfortunately. So, um, >> so July, maybe >> move it to July. >> Yes, ma'am. >> Okay, I'm okay with that. Um, so in that
case, I'd like to make a motion to continue the public hearing for Rancho Lasusas to our July meeting. >> Second. >> All in favor? >> I. >> Thank you. Okay,
that shortens things a little bit. Uh, and then eight and nine are also not on the agenda now because it was torito lounge. >> No, those are still on the agenda. >> Oh, they are. Okay. >> Yep. >> Great. >> Um, so next we are now at number six,
which is a public hearing to consider a new wine and malt beverage license on premise application for MMACG LLC DBA Michael G's Trtori at 22 Adams Street, Chelsea, Mass. Uh if you could step up to the mic. I'm
just going to find your packet, but if you can share your names. >> Good evening. Uh my name is Michael Gian Oscar. I'm the general manager of Michael G's Tataria. And with me is the president of the corporation, Maryanne Cox.
>> My name is Maryannne Cox. >> Wonderful. Um thank you for coming before us this evening. I I know you just recently reopened your new location. >> Yes, I relocated from the plaza to Adam Street. >> Wonderful. How long ago did you open up
uh on Adams? >> It's been three months. We opened February 13th. I think it's about three months. >> Wonderful. How's it been going in the new location? >> It's going well. Thank you. >> Good. Glad to hear that. And you are
looking for a wine and malt beverage license, >> correct? I did have one at the other location, so I'm familiar with the procedures and uh tips and all that other stuff. So, >> wonderful. Um, and is everyone who is
employed in the front of the house trained in tips training? >> Did they get get it done? >> Yes. >> Yes, they did. I'm sorry. Yeah, they did. >> Um, we do ask that you provide that certification to our licensing department. So, we do have that on file.
>> We will. And then just make sure you maintain it. It expires I believe every three years. >> Yes. >> Um so just to keep everybody >> responsible and make sure they're aware of proper service. I >> I'm there every night so I'm I'm on top
of that. >> Fantastic. Fellow commissioners questions? >> No questions. >> No questions. >> Oh no question. >> No straight forward. >> Yeah. Um, police departments
>> Corey check was conducted uh on both Michael and Maryanne. Uh, all clear location itself since it's been taken over. Uh, there's only been two calls unrelated to the business. Uh, it's motor vehicle violations. Um, unrelated
to the business. If anything, the businesses are the ones calling. I'm also familiar with Michael G's when they were in the plaza. Um, and we've never had any issues there. Uh, Michael's very responsive when it comes to involving the police and calling us. So, I'm happy to see him back.
>> Wonderful. >> Um, so we don't really have any, uh, issues with the Cory's. >> Fantastic. Um, any feedback from the city? >> Uh, Mark, you're >> Hello. Uh, the only question I have is whether there were any issues with the
prior license >> or not. >> No, >> that's all I got. Thanks. >> Thank you. Is there anyone from the public that would like to speak on this matter? >> Seeing no one, we will close the public portion. Um, would anyone on the
commission like to make a motion? >> I would like to make a motion to approve a bear and wine license at this location. And do we have a second? >> Second. >> All in favor? >> I. >> Thank you. And keep up the good work. >> Thank you. And thank you for your time. >> Thank you.
>> You're very welcome. Excited to see you back. >> Thank you. >> Okay. Next on our agenda this evening, we have a disciplinary hearing 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 2.09 09 of the city of Chelsea Licensing Commission in regards to police report uh number 26-00846 to El Kiosco Corporation DBA Eliosco at
212 Broadway Chelsea. >> Good evening. Good evening. My name is Artameisa Montteru. I am an attorney representative Kioskco and this is Yuri. >> Good evening. My name is Yuri Korea.
>> Good afternoon. My name is attorney Miriam Cis will represent Judy. She's the owner of the business. >> Thank you for coming before us today. So before we get started on this, I will go to the police department to ask you
to share with us um the um situation that has occurred that has brought this matter before us as a disciplinary hearing. So, so back on March 7th, I was off duty. I received an anonymous complaint.
Um the complainant reported to me of a possible licensing violation at Eliosco Signature Steakhouse and Seafood located out of 212 Broadway. The complainant sent me a screenshot depicting an Instagram reel from username jury C1801.
In the screenshot, a Johnny Walker blue label hard liquor bottle can be seen inside of a drink basket on top of the bar indicative of table service. The bottle appeared to be about 750 milliliters in size. Unconfirmed as a store retail value ranging approximately
between $170 to $250. According to the complainant, the woman in the image that was sent to me is an employee of Kiosko. The woman wearing the black attire can be observed behind the bar taking what appeared to be a shot in a shot glass.
The complainant further stated that this happens frequently where employees of the establishment are consuming alcohol with patrons. When I inquired on the date, the complaint stated it was on the 6th, which is a day prior, sometime after 2 p.m. From this point on, I directed uh licensing officers under me
to conduct a followup. Officer Santiago, who is familiar with the owner um jury went and did his followup um and I'll let him relay his uh findings. Good evening, Officer Santiago, Chelsea
Police. Um, I was assigned by Sergeant uh Chung to do an investigation on Kiosko on the information uh information that she received. Uh, with that being said, on Saturday, March 14th, I went to the uh to the to the Kiosk Girls about
13:30 hours, 1:30 p.m. myself and Officer Jam Santiago. Um while conducting the investigation, I was met by Yuri and one of her bartenders was actually uh the female in the picture when you will see. Um I asked her for
several things with the videos prior to that. Uh she couldn't provide the videos. The video wasn't working at all. Prior to that, I went there with officer uh Nicole Mclofflin as well when we did the followup. um videos weren't working at the time of that specific date. With
that being said, Yuri was able to make um contact with the cable company to see what was going on with her video. Um and she took care of that. Again, a little while later on the 14th, I went and uh
lost J Santiago just to go back and we tested the video. It does record um it does take the video. um explain to her about what we received the shots uh the picture of the of the female taking the shot. Um she was aware
of that. Now also the what Sergeant Chong mentioned about the liquor bottle being in the in the picture. She was able to provide a copy of the receipt of that evening. She did sell the bottle for exactly what she's supposed to serve
it for. Um, as you can see in our in our second page in the report here, she actually provided two copies of the receipt >> on there. If you guys have that, um, you can't really see it, but it's a
black and white photo of the one the bartender taking the shot. I advise you that's a violation uh point to the city rules and regulation um that I'll be putting in in my report and forwarded here uh for the commission to decide what they like to do with.
>> Additionally, on April 7th, we received another anonymous complaint in regards to possible overcrowding. We were sent a picture which is what I will highlight here. Sergeant, when did you say the overcrowding came in? >> April 7th. Um, but we This is going to
be an advisory. >> Okay. reacting to the setup at this time. Um, I have it on the laptop. I don't know how else I'm going to present it. Police officer, not it.
Here we are. >> Is there a report on that? >> So, so I just came back from being away. Um, I kept I'm keeping this as an advisory because there's no actual
picture of overcrowding, but there is a multimedia advertisement from the Instagram that shows there appears to be more staff on duty and there would be difficult
under their occupancy permit to fit in any patrons. So this is just an advisory but I did want to dep depict the number of staff whether the explanation is it's for advertising purposes but I I'd like
to also know how much how many employees are on staff is compared to on a daily basis as well but the picture is not showing so I do have it on the laptop um I don't know how else to show it but it is just an Instagram photo of about let
me count. >> I have a question. Um is if the video is now working, do we have videos of that date on April 7th? >> Uh because she did it as an advisory. She has >> Sorry. The video from the bar, the restaurant,
>> right? So, the the item that she's currently referring to on April 7th, she doesn't have video for because she has not gone back in and requested that video yet. >> Oh, okay.
>> This she was using as a um advisory because of what was shown online about capacity. Um, but my understanding is that she has not gone and requested the video surveillance.
>> It's not a report at this point. >> Okay. >> It's an FYI. >> Okay. >> Thank you. So currently um while they're working on that um the
the items that um are a matter of discipline this evening are 2.09 B and 2 09 >> H. So,
>> all right. >> Nope, she's got it. >> I guess I am part it. >> You are >> after all. >> You have to give yourself more credit. >> Here we go. >> Is it the show back on the road? So, here it depicts uh one, two, three,
four, five, six, seven, eight staff members. I'd like to know what is the occupancy permit and I'd like to know from the eight bartenders here adding in the cooks, the bartenders, etc. How many patrons
can you really fit? This appears to be taken for the Instagram for uh Instagram page. >> So the picture here is it was an event. >> It was a birthday party. This is why
they have these u this photograph. >> So So the the question is if there's eight employees depicted in this picture, how many patrons were there in addition to those eight employees? And how many other
employees were on property? >> Managers, cooks, >> and what is the occupancy permit? >> So the occupy permit >> this is also surprised to me. >> Yeah. One more >> fee is quite low because of a plumbing regulation. They only have one bathroom.
I think the plumbing code says you're only allowed 20 or 22 people. >> It's a small restaurant. >> It is a very small restaurant. >> It could definitely hold more than 22, but because there's only one bathroom, >> that's what the limit of that. It's still small, but >> yeah, they have they have a very low load.
>> I know. I don't know. >> Um >> I think it's 20. I do actually have a question on that occupancy permit since that just got brought up >> in the primary report provided by um Sergeant Chung. There is a reference in
one of the final paragraphs. >> So I did see that I can I can clear that up. So they do have an occupancy requirement. What they So every year we do a annual certificate of inspe inspection compliance check the fire department and the building department. They they did not have a certificate. We
did the inspection. They never paid for it. So, we just couldn't just a handful of them. We can't spend with short staff. We really didn't ch run around chasing the $100 bill to everyone. So, they technically didn't have a certificate of inspection. They did pass inspection though. And that's what
>> Has it since been paid for and rectified? >> I don't think so. >> Yes. >> We talked to them. They did come in to to take care of it. I don't know where it stands. because they went up their license and bought after that >> because we can't be operating with people inside if we don't have a valid
occupancy permit. >> A certificate they have an occupancy permit. It's a certificate >> whether or not your department came and inspected. If there isn't a certificate, >> then they can't have people in the building. >> Yeah, they need it. >> Sorry, this may be repetitive and I
apologize if it is. We're talking about the March 17th entry on the police report, the primary report by Joe Capistran. >> That's the one he called me that day. >> And here it says that it was confirmed that the certificate of occupancy permit
was not issued. Management of the business was referred to Hector um and ISD to resolve the issue. But at this point, >> we don't we don't have >> they have a certific that I know of. I I can't see that they paid for the certificate of inspection, the annual inspection.
>> I see >> they do have a certificate. Okay. >> But they I don't believe they they've got a certificate of inspection. >> Okay. >> They did talk about it in the office. >> Maybe they can they can produce one. We
changed systems. I'm looking on the old system. I didn't see it. Yes. >> May I? >> So that's your food permit. That's not the occupancy permit. >> Communication issue. We have a communication that day, too. This is a
food permit. He's there. >> That's the oxy department. >> There's There's another one though. Keep looking. I couldn't find it. >> We did speak about it. She did. She did come in.
>> Maybe she paid for the food instead of the certific inspection. >> Well, they kind of all have to be paid. >> They all have to be paid. Yes. >> It's kind of a matter of doing business. >> Yes. Yes. Yes. everybody else did. >> And I couldn't find it either.
>> I don't think it's there. >> I couldn't find it. >> So, the concern is though, if we're operating and we don't have an occupancy permit, we're not supposed to for safety reasons. >> So, January 1st, remember, we vote every December, January 1st, they have to have it.
>> I'm sorry. Say that again. We vote every December on the certificate of uh inspection for the license. They're supposed to have it by January 1st. >> Mhm. >> That that I know if they don't have it. >> Okay. >> We have more receipts for payment
online. >> I see. that I don't know what that's for though. It's $70. >> Unfortunately, there's So there's >> That's a pocket. >> There's all the different annual >> That's a pocket ticket. You're right.
>> He'll be here. >> Could you see while he's down there? >> Yeah, he looked. Yeah, me and him both. He didn't see it either. >> Okay. >> Um >> Okay. So, it is a major concern if there is not a
certificate of occupancy. Um because that is what states that it is safe to have people in the building and and we can't really have the certificate >> of inspiration. >> They have the permit. >> They have a certificate. They don't have that's that's just a legal document.
This is this is a document says that it's been inspected that year and it's safe in that >> that's the one thing they need. Yeah. >> Inspection of >> Yeah, that's an annual that's an annual certificate. Certificate of occupancy is just a one time certificate.
>> Okay. So, we have the occupancy. We don't have the annual >> certificate inspection. Yes. >> Which is still a matter of safety. >> Yes. Um, so that is definitely a concern. >> Can I ask a question? >> Yes. >> And I want to ask whose fault is that?
Hers for not going to pick up or pay for this? Uh, >> so we mail it to everybody. >> So, so as somebody who used to be a Lency, um, you're you get all of the information every year of everything
that you have to renew >> and you're given deadlines to do all of that and the appointments to have the inspectors come out and to pay all the individual um permits that need to be done. If you don't do that, you don't get to operate.
So, it's a very important thing to make sure you pay attention to all those deadlines and get all of those things done. >> So, the establishment should got that letter and >> yes, >> she came to the city hall to pay that and get >> and it's and it's always a scramble, but
it's the same time every single year. We did do the inspection. They were told to get it at that point. When they came up to the law department before issue happened with this, I I thought they were coming for that. They do they still do need it if they don't have it because >> Officer Capren did call me. I couldn't find it anywhere. And I didn't know at
the time that that my guys did inspect. They just didn't. But they never filled the paperwork and the check was never paid. >> Uh so there >> establishment didn't file their paperwork. >> Yes. and pay the fee. >> Yes.
>> But there was an inspection. >> There was an inspection. It did pass. >> And it did pass. >> Yes. >> They just didn't fill out the paperwork. >> Yes. >> Um Okay. And those are all that's all part of the typical November 30th.
>> December. Yeah. December. Everything is supposed to be turned in at by November 30th to be approved at our December meetings. >> Well, and the ownership transferred >> from the original owners to them. So, they could have asked I mean, you know,
like this isn't like a new >> No, it it this is this is something that gets done every single >> Right. And they could have asked the former owners because it's family >> what to do. So, I don't like No. >> Okay. Um Yeah. Now we're in April.
>> It's April. It's almost >> and this was supposed to have been paid um by end of last year. >> Um so that that is definitely a concern. >> Um noticed. >> Okay,
>> I didn't hit the mic. Sorry, I didn't catch that. >> No, sorry. It is room. All right. U you could the commission could choose to mark this specific issue with regard to the
certificate of inspection for a disciplinary action for the next hearing that would in theory give the lency an opportunity to resolve whatever outstanding issues there are. um ISD has made a representation on the record that
there was an inspection that the establishment did in fact pass and so based on the public there's no public concern per se it's more for paperwork so you could you know do handle it in that way and if the lency comes in next
uh next >> meeting with their paperwork in order then it could just be resolved at that point. So, one of the other things, um, and you'll have to share if this is a way that it could be done. Um, so
obviously staff drinking is a concern. We've talked about this numerous times. Everybody knows it's not permitted. Um, we've been talking about our progressive discipline plan and um, that is considered a significant violation of
our rules and regulations. >> Level three >> um, yes, that that's a it's a level three violation of our rules and regulations. My concern is not having filed this um paperwork that you're
supposed to do and pay that fee. The uh police sergeant bringing to our attention potential of um overcrowding um and your cameras having not been working on the date in question before.
Um, I would question if we could move this forward as a continued public hearing uh, disciplinary hearing next month. um and combined the disciplinary
matters and ask um for the footage from the the date in question to see if there is indeed um an overcapacity thing on top of that because that would be a second level three violation. So to have two level three violations plus not
filing proper paperwork um rather than us making a ruling on one and then having you back before us again and if we can just review everything >> the is that
>> the commission could do that. The commission um could direct the police department to do followup with regard to the video. The vid you um video is working now. Is that right? Yes. Uh, so just to let the council know
that, uh, prior to Thanksgiving, I did a surprise inspection on Yuri. Uh, she was in compliance. I checked the video cameras there. Uh, December, they weren't that busy. Everything is been up to speed with her. When I call her, she answers. If it needs to be fixed, she's
there. So, I'll give her that. She's very quick. She's on the ball in that. After that, obviously, something we had a bad storm. This is what she was telling me. At some point, her cameras went out. She sent me some pictures of Comcast. I'm not an IT guy, just like
the sergeant. I don't know what that means, but she was like, she believes that it happened to be during the storms when we had the two major storms that at some point their internet went out. And I still told her that's still your responsibility. You still have to figure
that out. Um, but we went back after this incident. They do record. I'll be happy to go check on it. made a point before July and see if they record again. But >> is it possible to speak because all the conversation? >> Yeah, we we we will give you the chance
to speak. We're we're just discussing some of it first and and then we will certainly >> So yes, to answer your question, she they working. >> Okay. So the the commission could direct
the police to evaluate and follow up to the anonymous tip that was received with regard to the potential overcrowding if the commission decides that that's um what it wants to do. Um does that answer your question? >> Yes, it does.
>> Thank you. >> Um would you like to speak as to the matters presented uh by the police department? >> Yes. on the April 7th, >> if you can step up to the microphone, please. >> So, the April 7, I just confer my client
because this is all a surprise for us. >> Uh, she indicated it was a birthday party. There were the uh women that were serving. There was one cook and it was about 19 patrons, which is within the limit with the occupancy. And it was
>> How many was the occupancy? >> Well, she said 1920. >> 20 something. I think it's 2022 some that's that's that's plumbing code for >> but so there were about three to four friends >> but it was just a birthday party event >> but did you not just say there was 19
>> guests >> about 19 >> but there are eight >> and you're saying that the capacity is 19 or 20 >> I think it's 20 could be up >> so the capacity includes everyone in the building >> including the eight workers Yes. They
count as people. Yes. >> Yes. And then a chef. >> I'm sorry. How many staff? >> So, it was about eight on the pictures. >> Eight. Eight. Eight waitresses plus >> eight. >> So, she's saying this this picture was
earlier during the day. >> Okay. >> And the party was later. So it's more like a marketing >> photograph than actually the depict of the event. >> So how many staff were on duty that day? >> One >> one staff person.
>> Yes. >> And how many cooks? >> There was about four people. >> How many? Wait, let me finish. I I'll go then you go and then then I'll go after that. Um we got one staff person >> and how many cooks? >> One.
one cook, one staff person, >> and then who else? >> So 10 people total. >> 10 >> attendees. 10 guests. Okay. So we're at 12. >> Yes. >> And that's all on
>> So then at six o'clock there was a different uh uh crew. at the same time or or different? >> The ones that were there earlier left and then new ones came. >> Okay. And this was on April 7th. So, I don't understand.
>> Just one moment. >> I'm sorry. >> I don't understand the picture, I guess, is maybe something you could address. >> She did say at one point it was for marketing. >> So, that photo is not from April 7th. She's indicated but to do what?
>> Okay. But you did you take this did you take this photo? >> No, she does. She did not take >> So, who took the photo? One of the employees who controls the pages of the social media.
>> I need anybody who's speaking to step up to the microphone so we can hear. >> So, she did not take the photo. She believes one of the workers that does the social media for the business took this photo. >> But are they all working at the restaurant?
They do work but at different time. So it was more like a marketing strategy. >> Yeah. >> Actually depicting the event that was happening at the time of the photo. >> And this is the photo that officer Chong someone sent you to say there's a lot of people working.
>> This was sent to me on April 7th. >> Yeah. >> This was sent to me as what they saw off of the Instagram. >> Yeah. And this is the Instagram that belongs to the restaurant. >> So, >> well, someone has it in for you.
>> Somebody has it. But, uh, >> I have a question. >> That makes sense. >> So, it seems like they're surprised about this. Did they receive notice that we were going to present this? >> This was advisory. It's just come up as an advisory. >> This is advisory, which is why I had said that I would look to continue.
>> I think that would be fair because to give them on it today. happened that day. It will give them time to prepare. >> Well, the commission's allowed to ask questions to determine whether it's going to be moved forward to a disciplinary matter or not or or just >> No, but I agree with Marty's uh
suggestion earlier about moving forward then >> to give them some time. So, the com I think the commission is going to want more information about this photo and about the occupancy and um maybe the the police department can
do some followup with regard to concerns about over uh over crowding. Is that fair? >> I think it is a surprise to us as indicated. >> Well, and that's where I don't want us
to make any sort of a ruling on this tonight. Um, but if it turns out that that is going on and there's overcrowding because, and this is just an example. I'm not saying that this is what's happening, but let's say that we
had eight girls working that night and then you had a cook and a manager and 20 guests. Now you're over capacity, which is a a real concern. We already have a real concern in front of us with staff drinking.
>> Uh so I would prefer to hold off on making the ruling on the staff drinking >> until and and the inoperating cameras
until we know do we have more problems as well. So, I I would be inclined, if my fellow commissioners also agree with this, to continue the public hearing or disciplinary hearing next month.
>> Sure. >> And roll all of these matters into one. Give our police department a chance to um do their research on this and look at the video footage from that night. So, if it is exactly what you said and there was a birthday party going on and you
had one person working and 10 guests, your video is going to show that it it and and that's the the plus of the video because it shows you didn't do anything wrong and so we can just say so that is that is not a concern. We don't have any matters that way and we can just tend to
the other matters and and that gives you the chance to do um the the conversation with the police department and go through all of that and we can do this as one disciplinary hearing rather than
multiple disciplinary hearings if they find something else. >> Does that make sense? The commission is probably going to want to know as well because they're in front of the commission tonight for failure to maintain operational surveillance system under rule 20 2.09H.
You might want the commission might also want to know when what period of time during what period of time the video surveillance was nonoperational when it became operational and perhaps confirmation that it remains operational and that you know video is being held
for the what is it 21 days or 30 days >> 30 days >> 30 days um pursuant to the regs >> and and it is a definite concern and every single lency that has come before us for I the four years that I have sat on this
commission, the cameras are the problem all the time. It is so important for you to make sure that your cameras are operating and that they maintain that 30 days worth of footage because that is what most
establishments are having a disciplinary matter for. So, it is so important to make sure you stay on top of that. That should be part of the daily check for either yourself, Yuri, or whatever uh manager or
supervisor that you have on property that day to just check make sure those cameras are operating. And if you have a problem with your cameras, you need to call the police department and let them know that the cameras are down and get that reported immediately and then get
them fixed as quickly as possible and then let let the police department know when they are fixed. >> May I? >> So to make all of us maybe more at ease, uh the camera issue was taken care of immediately. Um the issue was there was
a a large amount of data being transmitted. So since >> Yuri has upgraded with Comcast, she made the payments and uh now the cameras are working. So those are one of many
corrective steps she's taken to ensure that the public is safe, that she is in compliance. Not only she took care of the camera, uh she's trained uh the employees alcohol training program, the tips and also she's done the
so the training she met with the actual employee. I know we may continue this, but just to make all of us more at at ease, uh she met with the employee that was depicted in the picture and she reprimanded her. the employee has been
out of work for at least two weeks. She will return after the 22nd. They have the entire uh company or the staff has a training on Monday. >> Uh it's all paid for. Uh so there's many
corrective steps that she's taken. Uh in terms of this uh the 7th uh that's when officer received the picture. We don't know when it was taken. So it could be >> could have been that day or a year ago
or who knows. But uh I appreciate the opportunity to uh take care of the this issue of the seven and come back with after speaking with my client not just on the microphone and uh as you indicated to be fair to her and to all
of us and the city. Um, I appreciate those updates and I appreciate the fact that you're going through the trainings with your staff. Um, it it is imperative that our licences do not have staff drinking. Um, and that is the bartenders, the servers,
the cooks, the managers, the owners. If you are working, you are not drinking. And then to cover yourself so you don't have somebody complain about you and have you come before us because we're not going around and and going into places and being like, "Oh, look what
they did." Like we just when we're when we're not >> we're not under Instagram. >> We we are we are just outside trying to enjoy our local establishments. When we are here, we are reviewing what people have brought to the commission and then we have to follow the rules of the city.
And the thing that you have to keep in mind is don't allow your employees to drink on the same day that they're working. If they are in their uniform, just tell them to go down to the bar down the street and have a drink. Cover yourself
because if they're not working anymore, but they're still dressed in a way that it looks like they're on the clock, it's very hard for you to prove and then you're going to come before us and you're going to have a problem. So, a lot of places that I have worked in the past, back in the day, you used to
always have staff drinks at the end of the day when you were done with your shift. All the places ended up discontinuing that because of the these sorts of rules. And every place we instructed the teams, we we love you,
but go go have your drink someplace else because it it's more important to protect your business and and make sure you can't have somebody filing a complaint about staff drinking and it and it's a very serious violation. >> Yes. >> I just want to say something quick. I
did send the uh tips training to uh attorney Cheryl. >> Perfect. So she has that I met her with her today yesterday afternoon regarding this issue. >> Also the policy uh we I created the policy the employee policy I know my over 10 years he knows that when I'm on
in charge >> as I was way before our became a mess. Uh I make things as easy as possible. These guys they don't speak English. >> So uh I have all these policies in English and Spanish. >> Perfect. uh employee agreements,
contracts, alcohol use, the illegal drug abuse or legal. >> We have a big big fat policy here that we're going to have everybody signing to be on top of that. Mike knows that I'm on top. So, I'll make sure it's not. >> So, the next time we come, we'll have it
for you. This was just drafted, just been retained. >> So, by next time, we have all the policies signed and acknowledged by the employees. We have the certificate that they're doing the training on Monday. Uh Cheryl, attorney Cheryl has the certificate as well. Uh we bring the
report of the cameras or officer Santiago who can appear at any time. We've had extensive talk with Yudi about compliance is important >> and uh I'm sure when we come back no sure I shouldn't say that but I would
suggest that when we come back again we'll be in a different position and we hope that the advisory stays as an advisory doesn't go forward it's just one violation she doesn't have any prior to ensure that everyone is safe and allow her to maintain her livelihood
>> and and I agree there hasn't done anything yet. >> Um, but >> the the camera situation. Um, so super excited that it's been corrected. Do we know how long they were down? >> November
9th of November >> until >> until now. She thought it was recording because she saw but apparently So that is a very long stretch to not have your cameras working. So that is a
a really big violation to have lack of cameras for that amount of time. So the the concerns are the two really big violations. So yes, there has been none so far. We are taking corrective action
which we love to see. Um, and the police department has confirmed that your cameras are operational at this time. Um, so that's all wonderful. Um, so, um, I I do think, uh, if we are continuing it, do we have to open it up
to the public today? >> It depends on it depends on what you're continuing. It depends on where you're at. So, right now, just to sort of bring us back to where we're at and where we're going to go, as I understand it,
we have a certificate of inspection that is not yet resolved, although they did pass inspection. That needs to be addressed by the next hearing. The concern raised about the possible overcrowding
um will be investigated during this intervening period. That matter is going to be marked up for a disciplinary hearing at the next meeting. With regard to the current notice uh the current
noticed discipline matters, the consumption of alcohol by an employee on while on duty and the failure to maintain the operational surveillance system, those are also being continued and consolidated with the disciplinary matter for next meeting. Is that
correct? >> That is what I believe we are. >> Yes. >> Is that what we're proposing? You haven't voted. >> That's what I am proposing. And so with regard to public speaking, >> um, you can open it to the public to the extent that anybody has a comment on the
matters that are properly noticed today, the consumption of alcohol by an employee while on duty and the non-operational surveillance system. with regard to the a I'm going to call it the April 7th overcrowding question that is not
technically properly before us and so there's no public speaking portion on that aspect. >> Wonderful. Officer Santiago, >> if I may, I'll I'll uh I'll do a followup. So, I'll look on the at the video for 47 of this year. I'll ask from
8:00 p.m. to closing. >> Um I I would if you if it was reported on the 7th. We just want to look and see when this photo is actually from. >> We'll definitely narrow it down. >> Um because that photo is probably not from the 7th. >> Okay. >> Um and
see if there if there's a date for that photo. Um because that would be the day that we would want that from. >> Um but if we did not have operational cameras at that time, um >> they should be operational. It's 47. that
>> but what I'm saying is if this was reported on April 7th that's not necessarily when that picture is actually from the day or maybe >> so if that picture was posted >> prior we actually found that picture it was on
March 27th it was taken >> so so then March 27th would theoretically be the day >> so that brings me to >> or any other date that the police department deems appropriate under the circumstance >> so we picked two dates we're going to pick uh to March 27th from 8:00 p.m. to
closing. Uh we would like the bar camera angle. It shows the whole bar also 410 same angle from 8 to close. Um
I know I advise this to all the restaurants owners and stuff. Um when myself or officer Mclofflin or Sergeant Chong when the unit comes we like to see the the binder we always tell everything in that binder employees information
meaning their ID also their tip certification the rules and regulation. Okay copy of your menu. All right. And who has access when you're not there, you don't have to tell us now someone that's going to be designated to access
the cameras. And every officer in the city of Chelsea is an agent of the city. So if we're not available and it's the incident happens and officer requests to see the video, there is no refusal. It's in the clearly
put in the rules and regulation. For some reason, this is like becoming a thing that people are refusing. So just public asp. >> Okay. Thank you. >> Um, >> does anyone want to be heard on >> Is there anyone from the public that
would like to speak on the matters of the uh disciplinary before us regarding the um staff drinking while on the clock or the cameras being inoperational?
Seeing no one. Um, would anybody like to make a motion? >> Do you want Do you have Do you can you make it because you're going to know exactly what to say and we'll second. >> Is that okay? >> Um, that was a complicated motion.
>> So, I would like to make a motion to continue this disciplinary public hearing um regarding matters 2.09B and 2.09 09 uh to our next meeting along with combining it
with um the investigation or potential additional disciplinary matters um brought forth by the police department
during their continued investigation. possible possible discipline. Yes, >> I second it. >> Thank you. >> All in favor? >> And hopefully there is no additional >> disciplinary. Hope there won't be any
>> and then we can hopefully next month we can wrap this all up and uh just >> be back to regular business. >> Just one question. The hearing held before May 24th. >> The date of our next meeting
>> actually May 17th. >> So our our next meeting is being held on May 14th. >> Okay. >> Yes. >> Thank you so much. >> Thank you very much. >> One more thing. If we can just have the videos, we it's usually 72 hours, but
we'll extend it to next Friday the 24th >> to get it to you >> to get the videos to us. She can contact me. Yes. When she's ready, just have a contact me. Just call and I'll come down. >> Okay. Thank you. >> Thank you so much. >> Thank you. >> Oh, and just make sure that you have
also taken care of that certificate. >> We have uh Yes, the inspection. >> Yes, we got that offic they could reach out. >> Thank you so much. >> Thank you. Thank you.
Okay. Next on the agenda, um items eight and nine are involving the same establishment. Um so we um if
everybody's good with this, we'll just kind of do those all at once. So, we have a continued discussion to consider multiple noise complaints involving the amusement and entertainment license for Axe Entertainment Incorporated, DBA Toledo Lounge at 73 Wimmit Street, Chelsea, and a disciplinary public
hearing as to the non-compliance with the amusement and entertainment license as to the rules and regulations 2.11C of the City of Chelsea Licensing Commission in regards to police report number 26-01009. Twoax Entertainment Incorporated, DVA
Torito Restaurant and Lounge at 73 Winnmit Street. If you can step up, please share your names or names. >> Hi, I'm G. Mashado. I'm the owner of Totor Lodge.
>> Uh, thank you for joining us this evening. Um, so as you heard at the beginning of the meeting, um, the individuals that had brought this um
initial item of the noise to our attention um are not able to make it this evening. Um but he did submit that notice. Um how are things progressing with the um you were you were putting in
some sort of soundproofing in the establishment. How has that been going? So, uh, I have here some text messages from Will, who is the neighbor upstairs. Uh, I communicate with him all the time. Uh, we actually became good friends.
>> Uh, we put, uh, and the CD was able to inspect all of these. We lowered, uh, the sprinkle systems, the sprinkle heads. >> Then we were able to put something called mass loaded vinyl, which is this state-of-the-art technology for
soundproofing. It's a very thick uh rubber uh material that is glued and stapled to the ceiling. On top of that, we put some uh channels, some u aluminum channels that hang a very not a special
kind of sheetrock that goes under that. So, it creates a little space between the rubber vinyl and the sheetrock with those uh channels. And then we painted everything. This was a big investment for us. almost 40 something thousand
dollars to do all of this. So, it's a big deal. >> For downstairs, we uh we haven't finished yet, but we put some framing and we're going to put a glass door uh that's set that it's going to isolate the sound even more from
downstairs to coming upstairs. And we on top of that, we put a sound meter at the restaurant that is being recorded all the time. That sound meter has a camera, a web camera and the that feed is
published online so everybody can go to our website including the neighbor >> uh so he has access to the sound volume inside the restaurant all the time. So that's like for and that's recorded and
anybody here can just go to the website and see that that the feed is online and the recording stays there for over 60 days. So we can audit the sound volume there. And uh after that we invited the neighbor downstairs and we uh put uh a
hard uh level, how do I say a hard stop in the sound system at the speakers. So instead of having like 10 different speakers, we have four larger speakers downstairs.
And we increase the um so there are two ways to control the volume. One would be at the iPad. So the the electronic way and then at the speaker itself there's a volume control at the speaker with the
neighbor with us there. We put this the the ceiling. We put the the iPad volume at the max and then at the speaker we put like a ceiling for the volume there and then we remove the buttons with him there. We remove the button so the speaker cannot go higher than that and
we put a tape with his signature where where we control the volume for the speakers. So after we did that together so this is all with the neighbor that couldn't come. He sent me a text message. I said okay will I'll call you as soon as I leave here. So when I leave, I'll call him again. We're good
friends. Uh the volume on the first floor was controlled on the basement. He still has some concerns about when the DJs go because the DJs have more control. So what I proposed him before this meeting today, he couldn't make it
this week, something on his family. But what we proposed is that we do the same thing with the speakers downstairs. We go downstairs, we put the we set the max volume that those speakers can get and we remove the buttons that control the volumes and we put tapes on that and um
we're supposed to do this before this meeting. He couldn't make it. I have the text messages here and we're communicating that and I believe we should be outside with the volume. He was the only one. So the police went there. They saw outside the restaurant. There's no way to hear any of the sound
outside the restaurant. But because he's on the floor right above, he could hear. >> And uh I think we addressed completely to be honest with you. I think we should be 100%. I still I'm still going to do this thing downstairs, the basement part
and the glass door. And that should be the final for the noise complaint. >> It I will say it sounds like you've put a lot of work into trying to be as good a neighbor as you possibly can and certainly appreciate you being a responsible owner uh that way. Um, I I
do question I haven't I haven't been in since you took over the location, but I have been there in the past for each of the prior iterations of that restaurant. Is there any concern with adding in another door down there in terms of any sort of egress or anything?
>> There was no I I didn't I was down there on inspection. There was no egress issues when I was there, >> but I don't know whether it's not the swings both ways. So, uh, >> as long as you have the three feet in the >> side. Yeah, we saw this together. Yeah.
>> Okay. Just because I know it is a smaller location down there. So, I just I don't want you to >> It's got 100 people. You need panic wear on it. I don't know if there's 100 there. >> I don't know if you remember, but uh when you get right after the stairway, there's a little there's already a space right for the
>> thought there was a door right there as soon as you take a right. >> No, no. There's there's this other door, but what the problem is when that door opens, the sound travels. So, we want to have kind of a vestibule there. So, when one door is open, the other door is closed. Kind of the that situation.
>> Can they both be open at the same time? >> They're both open both ways and they there's no lock. There's nothing. So, they just you just push the >> inspectors did an inspection. I don't know if they saw that. They said everything. >> It sounds like you haven't done that yet, right? >> We put the frame. Uh we're just waiting for contractor to put the glass. I just
want to make sure that you don't have an issue getting people out in an emergency. Absolutely. Um but I I think the the thought definitely makes sense to to help continue to block the noise. >> Um I just don't want you to then have somebody come tell you that. >> Appreciate that. Thank
>> it's all subject it's all subject to work from. It's presumably absolutely and inspection. So if it's an inspection issue, it'll it'll come up. >> Perfect. But the complaints so then why it sounds like I mean I think and for the record we did tell you when you bought got this place that your
neighbors would be harder on you would ever be. >> They're good neighbors. Very good neighbors. >> But also it but why are there so complaints then? I mean it sounds like >> still complaining looks like in here, right? >> Yeah. >> I have the text message here and he praised us for for everything that we've
done so far. >> And he did that last time you were here. >> And he did. And one thing he's of course he's cautious. He's like he doesn't want to say okay the matter is over which I understand he wants to make sure that okay that's why I think he asked for continuence
>> to see okay Gene everything is all said and done before he can put his signature and say okay we all set and and I believe I want to make sure that he feels comfortable that even after we close this matter if issues arise he has
the right to come back and and point out that there is still issues >> and and so there there there's kind of two things. There's there's the city rules and regulations and there's the noise ordinance for the city. >> Sure. >> Um so based upon my understanding of
everything that has been reported so far, >> um as a general rule, because there may have been a violation or two in there at some point in time, but as a general rule, the noise has not been heard outside of
the physical building. Um, so I believe this becomes more of um a >> dispute. Thank you for the Thank you for the legal term, a two-party dispute between you and the others in the
building. >> Um because it it's a violation in the city if we're hearing it out on the street. Um, so I think that at this point based upon everything that you've done that way on the noise factor,
unless um unless our police department um can share that they're continuing to get additional noise complaints um from out in the the neighborhood. Um I think on on the sound issue um and the
>> the kind of continued discussion um I would be I would be inclined to kind of close that matter for now unless there is an a report of a future violation um unless our police department is telling
us that we're continuing to receive complaints from the neighborhood. I I have a question. Sorry. Um and I'm getting a little ahead uh with regard to the dancing aspect, the disciplinary hearing. >> I didn't touch that yet. >> I know we're not there yet, but there's
a reference in that report, the supplemental um that talks about um there has been there have been multiple times that CPD has responded for complaints about noise. I'm just wanting to clarify that those complaints, have
they all been coming from one individual? Is it is it Mr. Kaufman or have other people been complaining about the noise? >> There has been no external complaints. It has been internal.
>> Thank you. All right. Thank you. >> Okay. Um so with that I um would like to make a motion to close the discussion on the multiple noise complaints. >> Yeah.
>> Um >> I'll second it. >> All in favor of closing that discussion. >> Perfect. Or actually before I close that discussion, was there anybody else from the public that wanted to speak? >> Seeing no one, I make that motion again
to close it. I >> I >> Okay, all in favor fabulous. Okay, so we've moved that aside. Appreciate all the work that you have done. >> Thank you. Appreciate this >> to try to limit the noise as much as possible. Um that being said, we then
also have a disciplinary matter before us this evening. um which um as I know you're aware because I've been quoted as well um at past meetings, we talked about this when we granted you your license in the first place. Um so I'm
really not that thrilled to see this before us when I told you that this is what you were going to be doing and you stood before me and you said you weren't going to be doing this and this was a family restaurant. Um, so not not really thrilled with that one. >> Um, there because I kind of feel like
you did exactly what I thought you were going to do and you stood before me and lied. Um, but before we get into that, um, if we can go to the police department and ask >> you to share the findings that have
brought the disciplinary matter before us. >> Yes. Uh, after I'm going to introduce I'm going to turn over officer Santiago. uh there's video um that I'll introduce and then afterwards I'd like to also uh table
a another possible violation that can be viewed as a public hearing now but continued into next month as a possible disciplinary hearing. >> Okay. >> On Saturday, March 21st at approximately 8:51 hours, I received a screen recording video regarding to Lounge for
a possible licensing violation. Upon review, this video was an Instagram reel from an Instagram profile, Diego the DJ617, which depicted himself as the assigned DJ for Toledto Lounge for that night, according to their Instagram page. In
this video, patrons can be observed dancing, which is a violation of licensing rules and regulations below section 2.11. It should be noted that on February 21st, a separate reel surfaced, also depicting similar licensing violation
uploaded by the same DJ profile of a separate night at the lounge. Toita was on the licensing unit's radar stemming from that, and it was already due for a follow-up check. Upon reviewing this, I assigned Officer Santiago to conduct a follow-up on said business and to
forward it over. Uh, I will play the video and I'll turn it over to Officer Santiago. Good evening again. >> Before you get into that, is there an a separate occupancy for down below or is it an overall for
the separate low for each one on this particular inspection and load for downstairs for upstairs. It doesn't look like it's over. >> Okay. >> Okay. All right. Good evening again, Chelsea Police. Um,
Sergeant uh Chung as she just predicted as she assigned me to this um this case here with Toritos. uh received information about this Instagram page. This is the new norm that's going around. Uh we
advise everyone, all the owners, all the restaurant owners. There are people out there that are extremely upset with what they seen at these restaurants and so-called lounge, which we're going to get into later. Um as you can see from the video, there is the violation
dancing. It speaks for itself. Uh, I've notified Jane about what's going on. Um, Jane's always been very forward with me. We've been in contact. Uh, we have all told him u numerous of times that this was going to be a problem. Uh, besides
his neighbors. Um, as of right now, uh, there hasn't been no complaints, no music that we can hear from the outside. I myself on nights I walk by, I drive by, I don't hear anything. But um my
concern is what's going on downstairs. Okay. I've known Jeans has given the reigns to his daughter to run the business. Um maybe you need to pull the reigns back. I don't know. But this is the investigation. I don't need to beat
the horse any more than what it is on this. And I believe Saja Chong when she comes back, she has another picture that she wants to show. >> I have a question. >> I can't really Well, in the video I do see the dancing, but are there tables on
near the where? >> Yeah, there's high tables on there. >> So, it's not a dedicated dance. >> No, they're not. >> Okay. All right. >> Yeah. >> I mean, I guess like what do you do? I did tell you it's like foot loose here. Like, I did say that. I mean, what do you do? I mean, because it sounds like
they were just boopping around to the music, >> but do you like tell people not dance? Like, I mean, I'm just >> So, >> you should put more tables up so it's just more like doesn't say dancing and there's no dance floor. >> No, I understand. >> So, it's, you know,
>> so my thing that we live in the world of social media and this is all over Facebook, Instagram, Tik Tok, whatever the case is. And again, there someone going around doing this stuff. >> Yeah. >> And we warn them, we tell them this is
it. You're not cleared an entertainment license to dance. And I think Jean knows that now. >> Absolutely. And um I don't know what you're going to do to rectify this and how to clear it up. My thing I think I can speak with Sergeant Chung and also Mclofflin.
Everyone here is promoting that you're a lounge. What is the definition of a lounge? It's definitely not having loud music with a DJ at all these places. A lounge is somewhere I can have a normal conversation, have a drink, watch a little TV, something like this. All you
guys are promoting this guy here, this DJ guy is very famous in Chelsea now. He goes to East Boston, goes to Chelsea and there it is. Live DJ. Now, if the city approves you guys to have a DJ, by all means, but you're not a lounge. You're not a lounge. A lounge is where
you're actually lounging around. You're not, as you can see, this is an issue. This is the problem that we're having. And that's about it. And when we were approving the DJ before, you stood before us and told us
that it was for a lounge and background music. It's not background music if I can't speak to the person at the table across from me. And this has been an issue in numerous restaurants in the city. I've I've been out with friends and we've
left places because we're there. We're we we're trying to give our business to all the various places in the city. You go, you have a meal and then that music just gets cranked up and we can't continue a conversation across a a small
tubetop because DJs are blasting music like you're in a nightclub. Now there that's a different environment, but going to a restaurant or going to a lounge to go and enjoy some drinks and hang out with friends, the number of times that I have stopped
going to various places in this city because you can't actually have a conversation. So you're turning away a lot of customers when you have things at this volume and you're not promoting what it is that you said you were going
to be, which is a restaurant in a lounge. You're promoting a nightclub, which is a very different environment >> in Chelsea. I mean, that in Lawrence is a low-key lounge night, but we're not in Lawrence. This is Chelsea. I mean, the
rules are strict here. >> No nights. >> Yeah, that's right. >> No. >> I have a question. >> Yes. >> During that this music the DJ is playing, you are serving food also. >> Yes.
full menu or what do you guys >> four minute whenever I have the chance to speak I want to address the whole thing >> other questions before uh Gan responds to the >> complaint >> okay if you
>> All right thank you so uh first I would like to uh thank officer Santiago he actually has been extremely helpful through this whole process before doing this incident afterwards instru instructing me what to do, how to behave. So, uh, the Chelsea police has
been excellent with us. Excellent. Uh, regarding this event, this was kind of a private party. So, I want to clarify this whole thing here. Uh, the Labor Achiva here and I reached out to them. They didn't respond. My attorney reached
out to them. So, I would like an statement from them. But if this is an issue, we can ask them to come. Labor made a large reservation for that day for that party. They have their party there. It's only their people
downstairs. Uh we never offered a dance floor. We don't offer a separate dancing space. We don't offer dancing. So what you see there is a moment where the DJ captured that somebody uh swinging to
the music or a few people swinging to the music but there's no dancing space offered. There's no uh space where there's no tables. These people are s waiting around the tables that there were and my staff is instructed to come
and tell them okay we don't have dancing allowed here. So if somebody, let's say if you guys go with your friends there and one of you is get up and start moving, we're not going to come immediately and say, "Hey, sit down." Nobody does that. But if there's more
than a just a moving around, one of our people will come to you and say, "Hey, we don't have dancing. We are not allowed to have dancing here." So they they they have been instructed for that before even this incident. So to put this to point this out. So we do not
offer dancing. This is not a violation because we never put a dancing space. >> Well, it's a violation if people are dancing. >> Yeah, that's a violation. A moment. >> You don't you don't have to have a designated dancing space with dancing for it to be a violation. You just need
people dancing. >> Yeah. What I would say is this. You can't avoid people to move around. you that that you cannot do in any place anywhere people have the right to move their bodies if they like the music. If
they move the tables to start having a a real dance then yes I would have I would agree with you but they were just standing around and some of them were moving and that's exactly if the moment that they had food served that they were eating I don't think the DJ would
promote his work because it wasn't even us promoting that was the DJ. Uh if they were all eating I don't think the DJ would post on his page people eating food. We do offer a full menu. That's just a moment that he capture to say,
"Okay, that's what we're doing here." But that's not representative of what happened. Not even on that night. On any other nights that we have, the cameras are available. The police has access to 30, 60 days of cameras. They can request all of them and examine if there is
dancing going on there. And if there is, you come, you'll bring me back here. But the cameras are there to protect not only the public but to protect me as the business owner. So what I would say agree with that completely and that's what I would say. I stand here to say that what I promised you when I came
here to my license it's still what's going on. We manage that with respect. There's no violation there. And if there is a violation, please request the cameras and prove me wrong. That's my feel. >> I I I would state that I I would
recommend it's one thing to have the DJ like you said, but typically if you have DJs playing at a loud level like you would have in a nightclub, then you're going to have people that will dance because that's that's what people do. When you have music that's playing
loudly, people want to dance to the music. You have great music playing, that's the natural thing. So, I would recommend that you're not playing the music to the levels of a nightclub to help prevent that so you don't have
problems. >> I agree. So, one of the things we said before on the matter before that we that we addressed before is that we're going to put the limit on the music downstairs. Uh I was doing this with the neighbor regardless of this issue here. So, it's a separate issue I'm doing just
because I respect him a lot. But uh but yes, the limit of the and it's not that loud. I think some of pe some people here have been there before. Uh and it's not that the music is too loud. On that particular night that this guy posted uh
and by the way, he does not work there anymore. He does not play there anymore. But on that particular night that this guy posted, that was a private event for La Colonach. So I want to make it this absolutely clear. It's only dear people there. You want to address that,
>> Jane? I've been there numerous of times to get to watch your videos or to update. Your music is loud. >> I'm not going to sugar coat it. I've been straight up. Your music is loud. >> Okay? If you want to figure this out, my
suggestion is cut the DJ. >> Say it again. >> Cut the DJ and then all your problems will go away from your vibration all the way up to the building to everything. This just an iPad, low music. It's a lounge, right? You guys are promoting that you're a lounge. You got a DJ. And
how do we really know if that's a private event, which you can have. That's not the point that we're making. The point is it's clear video. They're dancing. Period. They get up and move dancing. Now you have a DJ. Again, the city approves your DJ, which is fine on the entertainment license. But if you
want to solve your problem, give it to the DJ. And now to stop all your vibrating. You got a beautiful business. You got a beautiful restaurant. You have beautiful things downstairs. You guys are doing very well. If you're a lounge, get rid of the DJ and that would probably solve the rest of your problem.
>> The DJ right now, to be honest, the DJ is part of the attraction there. I would, but the DJ is part of the attraction. Without the DJ, a lot of our revenue there to support the whole operation would be gone. So, the DJ is crucial for our operation. Um, if if he
was not, I would agree with you. I would do that but it's crucial for our operation regarding the volume we addressing the volume. So I believe the volume is something we need to address regardless of this point now which on on
this point I have to to disagree. I I'm not here just I'm just stating the fact I'm saying I contacted Glattis. I'm not sure maybe you all know her. >> She used to be on the commission. >> She was what? >> She used to serve on the commission with us. >> Oh yeah. Good. So I contacted her. She
didn't want to sign the affidavit or or come here, but we contacted her. We say, "Okay, can you attest that this was your private event and there was no death." She she declined. But I know what happened. We we have again we have the cameras. Not just for for that night.
Unfortunately, the camera didn't go back to the day. By the time this video came online, the the period that the camera was still uh there we didn't have the record for that night. But we have 60 days of camera. So we can go back and see okay are they having this violation.
We have 60 days of cameras. >> Yeah. >> So it's not something that okay we can pinpoint on that date but okay I I was going to have that one day that violation never again. It does not make sense. That's what I want to present you guys. >> Yeah. I just you're going to my
husband's in this industry and the DJs like their goal is to get people up and dancing and then they video it for social medias because then they get more jobs. Like it's a whole thing. I just think this is going to keep happening to you whether or not the you could we could you know you could have two hours of video and but the DJ is going to take
that one moment. >> Absolutely. >> But my point is that's going to be that's going to keep happening to you. And so I just think I don't know how you solve for that but that's the DJ's job is to make it look like he has a hot party that's dancing and he's going to promote that. So good. >> I'm glad we have the cameras for the
whole night because even if it happens again, if the DJ or somebody captures a 5second moment of the night, we have cameras that protect us as well. >> And that's what that's the goal for the camera. And with that, I should just rest my argument here.
>> Does the police have another clip that they wanted to show us? >> Uh you did reference that you had something else that you wanted to present. >> Sorry, Jade. >> Or a second video. Was that was that uh you said that was a private event, right? What day was that? >> Wasn't private. They made a reservation
that pretty much took the whole thing there. >> It wasn't like a permitted private event. >> Yeah. They didn't say, "Okay, nobody else can go." But they made a reservation for like say 20 people. That's pretty much our competition >> because you kept saying private event. That's why it's saying um >> what day was that? March what? 21st.
>> No, it wasn't March. This was December. >> December 20th. >> December 20th. Okay. All right. >> They chose December 20 21st because Please state your name please for the for the record. >> My name is My name my name is Nay >> Nuza. I'm J Park.
>> Thank you. >> Okay. >> You had something else that you said you wanted to reference. >> Yep. >> Yes. Correct. Um there is an additional matter I'd like to bring up. Uh possible
violation of section 212. I will present the photo and then I will go into further. >> This is not about personal opinion or fashion. Um, it's about whether establishments is operating within the expectations of a standard or alcohol
license under section 212 environments premises must maintain a decent and non-offensive environment consistent with other public establishment. The image submitted via their social media page associated with the business shows individuals appearing to be
coordinated and highly reviewing attire promoted under the business branding. While this image reflects an environment that appears to be organized and encouraged by the the business itself, this type of environment is consistent with establishments where prohibited conduct such as drink solicitation,
inappropriate contact, or other regulated activity can occur or uh be motivated to occur. This concerns not just a photo, but what it represents about the overall operation of the business originally conveying as a family restaurant. At minimum, this
raises concern as to whether the establishment is operating within the scope of its original ask task and its current license and warrants reviewed by the commission. >> Thank you. Uh Jean. >> Yeah, I seen the picture. I haven't seen this picture before. I didn't like it
either. Uh but is there an accusation that there's been solicitation or any uh criminal uh behavior there? Is that an accusation of this? >> It shows promotion. You're promoting >> it's promotion of it's promotion of solicitation for something else because
I didn't understand if that was a formation >> under your rules and regulations there under 2.12 you have chapters A through D read those very carefully it's enticement it's enticement
those girls are working at your lounge and there are gentlemen there or whatever you're there's enticement There's enticement. They're showing if you read the rules and regulations, you're they're showing more than what they need to be.
Look at look at it's clearly cut in the rules and regulations on there. That's what we're bringing up. The concern of the enticement may not accusing you, but again, these are pictures circling around that that's coming to the police department, not just yours. There's
other places as well that we're bringing up. These are the rules. It's cut and dry right in the rules and regulation. Chap 22 uh 2.12. You got A through D. Read them very carefully when at your leisure when you have a chance. Gan, I
want to jog your memory too to a couple of months ago. Okay. There was an anonymous complaint that came in with a photo that I still have that I actually defended you not because of a personal reason or whatnot, but because I highlighted that that particular photo,
which I'll bring up, did not violate at the time. But this new photo that's surfacing, you literally see half of her breast on each side. >> I agree that is bad taste. >> Okay. So, so I can't defend that at this point. So, so there's no official
allegation, Jean. But the problem is there's still a promotion. Okay. >> And it's relative to standards of conduct. >> So, please don't answer a question with a question. The point is there's photos out there. Some of them I've justified.
Some of them I've cleared you just straight up without bringing it here. You just be like, "Hey, doesn't apply." Okay. But that's cuz I got I read these things, too. And when they don't apply, they just don't apply. I'm not going to go on a witch hunt. But that is absolutely unacceptable. Okay? That's not a family restaurant to me. I
wouldn't bring my six-year-old here. Okay? And the picture I'm referring to in question that I cleared you on a couple months ago, I'll bring it up. This is one of them. This and that's the other. So that's the group and then the other one with the
two. This I understand I I'll treat this as promotion but the other one a little you're pushing it. Okay. >> Absolutely. Regarding answer the question with a question if I don't understand what's going on I need to ask questions I believe that's how this
should work regarding you defending and considering this as a promotion the other one exaggerated I have to agree I have to agree that the other one was with bad taste uh I'm not saying that there's any enticement or any promotion of any wrongdoing there I
I believe there's nothing of the sort going on there and I believe the police can investigate and we'll find out there's nothing of the sort but the picture was of bad taste and uh I would absolutely prohibit this from happening again. So the concern that we have there
that these ladies are working at night >> correct >> they go inside >> B >> right >> above >> if they bend over. Oh, I I totally see. >> I totally see. >> You will be in in in
one thing that you pointed out for me back in the day. >> Uh there's like from downstairs, there's a a door, and I understand your concern. You already pointed this out to me several times. There's a door that goes to a private area where there's a
bathroom and a changing area just for the girls. And um Officer Santiago told me several times, Jeene, you have to make sure that this door closes right be right behind these girls and also for their protection because if they dress
like these, people might might get to >> Yeah, the patrons might might exaggerate. I I totally understand and I agree and I can commit that this will not happen again. >> That's absolutely the case. I I totally
have to agree with that. >> Um yours, are you underneath 212? >> What about D? >> Um what was I going to say? >> I mean, if they move. >> Oh, your mic's not on again, Mark.
>> Oh, great. yelled at again. >> Um, for the original thing that you brought before us with the the video of the
dancing um that we have as a disciplinary matter this evening. Do we have video from the establishment um in addition to the Instagram video of any >> Okay. that if they're saying that's
December 21st from that video at that point >> by the time it was brought to our attention it was it would have been already too late. >> Okay. Um regarding the uh picture with the girls in that attire um I can tell you that if
you look at our rules and regulations um and you look at section 2.12 um it's the section labeled standards of conduct on the premise. Um it's not just a if you keep reading there's there's
numerous sections that those uh outfits um are pretty much uh going to cause you to be in violation. So, um, as as Sergeant was just scrolling a little bit, um, you
you start to question on, well, obviously A, then B, um, D starts to, um, uh, D starts to become in question, which is there. If those girls move at
all, you're in violation of D because they are >> Can I Can I see? >> Can you scroll back so we can see D? >> So, I'm sorry gently. >> We don't which is this is this is not a matter of a disciplinary hearing this
evening. But I want you to understand >> but I want you to understand that this is why the police department is bringing this to your attention. Um, if those girls move, you were in violation of D. >> So, you need to make sure >> absolutely
>> that I understand that if you want to have the girls in matching outfits, we want to have them in cute skirts and tops, but we need to make sure that they are appropriately covered. Um, so it is a family establishment as you stated it was. >> No argument there. And it's for the
girls safety as well. >> Absolutely. >> So, that's not a disciplinary matter before but if if that's happening you are going to be in violation of that >> for the record this will not happen
again so on the record no argument here this kind of retirement is absolutely uncalled for and it's not going to happen again >> absolutely >> commission motioning to move it towards disciplinary or no >> uh fellow commissioners thoughts on what
has been presented today and how you would like to proceed. >> Just talking about just the dancing that he's >> there's there's the dancing which is before you on a disciplinary. So it either happened, it didn't, violation or no, or you can as a commission decide to
consolidate it and move it to the next hearing if you guys want to move the disciplinary on um violations or alleged violations of section 2.12 AB ABD
or not. So you may want to address that whether you want to move it forward or not first and then decide whether you want to consolidate. >> So just addressing the dancing I feel like we don't have enough >> information to make a decision. We only have a two or three second clip
>> and then something that happened in the past. So that's my thoughts on the dancing. >> Yeah, >> I agree. I'm comfortable leaving that with a stern warning. >> You know, no dancing. >> Yeah. Um, but you're right. I don't know how much evidence there is.
>> Yeah. >> Yeah. >> And would you want to do that as a warning or would you want to continue the hearing? >> Well, we don't have >> and have the police pull video um from a couple random nights to see if that is
what's actually taking place when there's a DJ there. >> I want to use the police resources um more adequately. So for this matter, I feel like it should be a stern warning. >> And next time you don't want to come before us, you know.
>> Absolutely. >> Hopefully there's not a next time. >> All right. >> Is there a motion on the dancing? >> Uh well, before we do that, is there anyone from the public that would like to speak on the matter of the disciplinary hearing regarding the
dancing? Seeing no one, uh would anybody like to make a motion regarding the disciplinary hearing for um the non-compliance
of rule number 2.11C, which is the dancing by patrons without an approved entertainment license and dance floor. Well, we're motioning that to give them a a written warning or to give them a
written I mean a verbal warning. Is that the motion? >> You want to make I I'll make it. I just want to make sure I'm very clear when I'm >> She just want to make sure she's phrasing what she wants to do correctly. >> I would like to make a motion for the non-compliance with the amusement
entertainment license with no >> no violation. >> No, no punishment. >> Thank you. No punishment. So you said a verbal warning. >> But verbal >> stern warning. No disciplinary action. >> No disciplinary action. >> Sorry. Does the commission find that
there was dancing or no dancing? >> It sounds like there's >> there's inefficient >> inefficient evidence. >> No. So the commission is not deciding whether there was dancing or not. >> Yeah. >> You want me to repeat that again >> or someone's gonna second it?
>> I'll second. >> Thank you, Mike. Y >> uh all in favor? >> I >> um I I would say no just because I would ask for more information, but the the
commission has um voted in favor of that. Um I I would ask moving forward, please just make sure that you're following the rules so you don't have to come before us. Sure. >> And please protect your girls. >> Absolutely. Regarding this girls, uh I'm
>> just say thank right now. >> We're done. >> Thank you. >> You're not done. I'm not done. >> So, >> yes, >> if the police may >> Yes. >> on this video on this picture, >> we want to request video of that evening
with these girls working. >> Do we know which video was that? >> So, that's a different hearing, right? Yes. >> Okay. So, we're going to request April 11th from 8:00 p.m. to closing.
>> Sure. April 11th. >> And then uh Yep. Uh just we'll get two different angles. One that faces where the security guy is supposed to be. >> You roll the picture. And then when you come in from the lounge that way. So we have that way. >> Okay. So
>> April 11, I'll have all the pictures. Appreciate >> you guys. Appreciate that. >> So because motion to continue for possible disciplinary pending police investigation. >> So, I would like to make a motion um to
continue um this submission of the photo this evening to a potential uh disciplinary hearing at our next meeting pending the police investigation. Second. All in favor? >> I thank you. >> Thank you. Appreciate it.
>> Now you're done. too close. >> Okay. >> And next on our agenda this evening, >> we have um items number 10 and number 11 um
which are um again involving the same establishment. So we will do these both together. Number 10 is a continued disciplinary public hearing to consider revoking, suspending or modifying the all alcoholic beverages on premise license and the amusement and
entertainment license as to the non-compliance to the rules and regulations number 2.12 number 2 uh 14 of the Chelsea uh licensing commission in regards to police report number 26-0048
to Lama Entertainment LLC DBA populist top and bar at 11 Everett A Chelsea with a temporary suspension based on 2.11C in addition to 2.09H and 2.09A
um will be the violation further heard and the continued public hearing to consider an alteration of the licensed premises application for Llama Entertainment LLC DBA populist Topus and Bar at 11 Everett A Chelsea. That was a
multiple. >> Okay. If you can please state your names. >> Yes. Thank you, Madam Chair, members of the commission. Attorney Jeffrey Rosario Turko on behalf of Llama Entertainment with me >> Antonio Lama 164 in Chelsea.
>> Thank you for coming before us this evening. Um, and perfect. I do see that we have everybody that we need here. Um,
I did have a really quick question from going through the packet. Um, which we touched on briefly the first time that you were before us. I believe in your paperwork there's two different
addresses. We have number five Ever A and number 11 Everett A. So based upon what I saw in our packet, the new occupancy permit states number five Everav,
but everything else and and the building permit states number five, but everything else states number 11, which doesn't a business have to be tied to one address? I think it's actually um
I'm looking I have my original file when I did this in 2018 and I believe the the lease the lease is actually 511 5-11 and so why uh I think we why we did um 11 on the application versus 5-11 I'm not sure
but the lease was submitted as part of the original application which would clarify that issue I think >> I I think it's important that we make sure that everything on record is for the same address. Um, so it is very clear for all purposes that we're
talking about a specific establishment. >> Totally. Totally agree. What I did um to help hopefully clarify some questions, I brought the original floor plan from 2018 when council was chairman of this commission um and uh and approved this. Thank you. Um and so this is the
original floor plan and then I have the revised floor plan that was submitted by Mr. Lama prior to my representation as well. At the last meeting, members of the commission asked for some uh photos that would show how the floor, the so-called DN floor was demarked. >> Um I do have some photos I have to share
with you. >> Wonderful. >> And we'll be looking for some guidance, Frank, because literally it's been taped out. >> Um and so if there's but it's the same exact floor that's always been there, so I could show that to you if I may approach and submit. Certainly. Thank you.
>> Yep. Thank you. >> Thank you. >> I was vice chair. >> Former Chief Gaido was vice chair. >> Gotcha. >> Your meetings didn't go two and a half hours either, Mr. Chairman.
And what are the dimensions of this? >> So on the actual floor plan that was submitted um for the change to to demark the um it's 450 square ft I believe with the actual application
that was submitted tonight which is the last item on the agenda. This the actual floor plan that shows it there. One of the members of the commission suggested last time there might be some type of like flagging system or something. We're happy to do whatever makes you more comfortable. >> Um, so I did have a question. Um,
because we have been given several there's a total of three variations. >> Three what? >> There's a total of three variations of the floor plan inside of our packet. Um,
so I think one of them may be the original which looked a little like this. >> That's part of it. Yes. Because there's two levels. >> Yep. So the the second level is behind this. >> Okay. Yes. Yep. >> So I I think this is the original. Then
there is one that looks like this. >> I approach my >> Yes, definitely. And and again, there are two levels, but I'm focused more so on the area in question rather rather than the lower floor. So, I have this one, and you might want to stay close so
you can see what I'm talking about here, because then we have this. This one, which is the most recent. So, here's my question. This says that this is 15 by 30. And you see the space and you see
this, which says that it's 450 square ft. Well, this is if those numbers are correct, that's saying that that box is 450 square feet. Yet on this one, you've now taken out these tables and extended
it to here, and you're saying it's the same size as it was here, >> right? >> Well, and this says 1500 square feet. Uh so inside if um >> I understand the 15 by30. >> So the 15 by30 is 450 square feet. And
if you look here he said it it says 450 ft in that dancing area. >> See this here? >> Yes. >> And if you take this and this that equals 450. >> Mhm. And this says 450. This is a much
smaller area than this. Yeah, it's just an error drawing. It's a bad drawing. That's all. But the area is still the same. It's just lines on the side, but it's just an error, but the sizes are the same.
>> Well, I'm not >> So, what I'm saying is this tells me that this was a supposed dance space, correct? on on this plan. This was the dance space.
>> Yeah. >> Yes, I understand that. And you have tables here and you have a booth here. And in this you were we're claiming in this diagram that this is 450 square ft in this space. That's what
this states. But now it's >> Do do you understand what I'm saying? >> If you look at the plan >> like So what I what I'm what I'm saying based upon these is which one is 450 ft the new version or this version?
>> So this wasn't really 450 >> square feet. before. >> Okay. Okay. Um, which uh do you want to address the dance floor first so we can hear from ISD as
to >> Yeah, let's get Hector >> that way he doesn't have to. >> Yes. How you doing board members? >> Hector uh assistant director inspectional services, city of Chelsea.
>> Thank you for joining us this evening. Um so the item in question is whether or not um the proposed dance floor space um meets the the proper requirements um for
adequate space um and safety of all the the guests in the space. >> Uh yes, it does. >> Mark, >> sorry, it's my first time. >> Can you elaborate a little bit more? And and are there any other issues that you
identified in your capacity as assistant inspection services director when you were making this evaluation? Uh no, there's no violations. Um the dance floor is safe. U there's no obstructions to means of egress on the dance floor.
>> Is there any concern with respect to uh crowd size, overcrowding, um egress, anything like that? >> Uh no, there is not. >> But that was part of your evaluation. >> Uh yes, we just go by the square footage
based on our building code. Okay, thank you. >> Thank you. >> Um, questions from the police department for Hector regarding
>> So, um, as we discussed last time we were here, we do have a lot of concerns. First foremost, way too small for dancing for the occupation occation of how many people to be there. So, We
don't know what you guys did, how you guys approved the dance floor. There are pie tables in the area way. We actually had a speak with the fire department to put a push bar. Tony was locking the door downstairs for people to go and
come in. Um I don't know how you guys pass that. Also, uh we just recently discovered a kitchen rear door that that door had a push bar, but it lead to the back where there's a huge drop just in
case if there's a fire. We'll talk with Tony about that. They put a camera up there that we all missed on that. He rectified, but that we do have concerns with the how many people can be there. It's It just brings me back to what
happened in Rhode Island at that nightclub. Again, they promote to be a lounge. To me, you're not a lounge. the occupancy there is way too high for people to be there and that's just my
concerns. Sergeant Chong will have hers. >> Yeah. I mean I mean I know last we discussed that there's got to be some sort of obvious layering that depicts it to be a dance floor. Are there plans for that? You mentioned >> council. >> Uh yes.
>> Okay. So I believe what um Sergeant is referencing is um typically when you have a dance floor and you have a designated dance floor in a space there it's a different flooring um or there
there is a transition from the main floor in the space to to where people are dancing. Uh, so while I see this is taped out, if people are dancing in that area, um, that tape's not going to last
very long. So, are we putting fresh pieces of tape down every day or are we actually going to install a dance floor? Um, because really what this is is a cleared out space in the restaurant. It's not a a dance floor because
normally dance floors have an end to them. Um, it's always one of those things you can think of think about almost every wedding you've ever gone to or anything else there there's like that little lip. I I know as a lot of females we catch our heels on the edge of the dance floor uh because there there's a a
defined edge to it and I don't know that a piece of tape is a defined dance floor. Normally it is a different flooring and I I do see that the flooring of the establishment is a a wooden floor which would typically be used for dancing. Um, but you do
normally have a a transition in your flooring which makes that what is a dance floor. >> I have to I have to confess that I actually when I saw the tape I'm thinking, oh, that's where the dance floor is going to go to the point that
commissioner raising. Is there a separate layering that's going to happen there? >> Well, at the last uh hearing, one of the commissioners I think talked about some type of system somewhat ignorant on them. Some type of system that you want like a like polls or something like that
that would clearly market what whatever whatever makes the commission feel >> no what I what I referenced last time was um even installing um one of the temporary uh dance floors that are snapped together um where where
every event hall that doesn't have a permanent dance floor or even those that have them there there are are snap together dance floors that you could put into this space that clearly defines the area for dancing and that and it's it's meant for that and
every event venue puts those in place um that has dancing if they didn't build one in initially. Uh obviously building one in is going to be the most expensive fit which the goal is not to make so you
have to spend insane amounts of money. We just want to make sure that everything is in compliance. So the most cost effective I would think, which it's your business, you can do what you want this way. But I would think getting one of the snap together,
I call it temporary, but they're not really because they get used over and over and over again by every single event hall um out there. Um and all all of the um rental companies have them. Um, I've I've ordered them myself from
um some of the various uh Boston area rental companies and they come in squares that are about this big. They snap together. You've been in the industry, you have to know what I'm talking about. Um, and get something like that and put that in this space.
And now that is a designated dance floor. that would be an approved space, but an empty space inside of the restaurant that's marked off isn't really a dance floor. Does that make sense? >> I hear a concern if he's and I'll speak
for him. He's happy to do uh if that's what the commission says yes, we're more comfortable with with having that slight elevation by having some surface put in. I you know we had talked about either a sanding the floor down and having it painted a different color or a different stained color so it was clearly demarked
different than the rest of the floor. Um, I think rather than creating a lip in that space, I think it's probably better. But if the commission feels more comfortable with saying no, we won't. But I think the the I think what I would suggest is the commission could approve the 450 square foot layout as the dance
floor and then you know we would go back to ISD and say you you do they would they rather an elevated a slightly elevated floor or if the commission gives us some indication you're comfortable with sanding that floor down and clearly staining it a different color so it's obvious that that's the
dance floor. We could do that as well. So whichever way you want to go, you know, he spent over $50,000 putting the sprinklers in in 23. Spending a few dollars on on a floor um is it going to kill him? >> So the only >> the only question that I would have
really in terms of um and and this just to confirm this is the most recent copy. Yes. Correct. Okay. >> So here's the only concern that I would have based based upon this layout. How do these people get up
>> if the dance floor is right up against the tables? Because there's these ones. It's fine if this is right up against the dance floor because these people can get up and go behind them over here, but these people would have to go through people that are dancing in order to get
up from their table. >> Right? >> So, normally you'd have some sort of a a space in between where the table ends, where dance floor is so guests can get up and not have to fight their way through people that are
dancing to make their way out of the space. Does Does that make sense? >> I hear and and looking at the picture I provided, you can see exactly what you're talking about where the back end of the chair at the high you the high table. >> The other side's fine. >> Right to the line. And what I would say is probably to the sugar of the
commission is, you know, we have experienced from November of 2018 to present that that space has been used as a dance floor with tables there and it hasn't created a problem um during that you know roughly eight year per 7 and a half year period. Um albeit you know the
the confusion about whether the dance floor was designated and officially in November of 18. And so I think you know over the last seven and a half years there just hasn't been an issue with people getting moving their chair getting up and walking out. Um but again >> also suggest a different size and
different >> Yeah. If it has to be shrunk if it has to be shrunk one foot in and extended >> doesn't have to approve it. The commission can come up with a different >> My concern just just for the people that are there because you you have those chairs when you're when you're looking
in the photo that you provided us today. There's these chairs here and if people are dancing right there, somebody's gonna bump somebody. Somebody's going to get angry because somebody bumped somebody while they're dancing and people are drinking. I I would be inclined I mean
>> you'd hate to shorten this because it is already a a narrow dance floor, but I question if this is where you should have tables um because it it just doesn't make sense. Um, or you do less tables and
they're turned the other way so your chairs your chairs are on this side and this side and that way people aren't bumping up into people and you have a little bit more space, but you need to you need to allow for so so if you did less tables
on here. So theoretically, you'd you'd end up having to either do just like one table in this area or two tables in this area with the chairs on the ends to make it so they could be further away from the dance floor and people can get up.
>> I think if we turn the I'm sorry to interrupt you. If we turn the tables 90 degrees essentially so the chairs are running the length of the dance floor. Yeah. >> Then people could get up to the left without crossing without crossing into the dance floor. >> Probably lose a table or two. He's fine with that. >> Yeah. But but I think that would give
you that space because otherwise we we've all been in a place somebody bumps somebody generally accidentally and now you have a fight in your establishment and you don't want to be before us because now you have people that have been drinking and they're dancing and then and I get it if this has been going on in your establishment and you haven't
had that happen but we're reviewing it now and that is something that as as somebody that has been in this industry my entire life those are the things that I see when I look at this because I've experienced them before. Um, and just because it hasn't happened
yet or it hasn't been reported to us yet, I don't want it to happen to you. I want us to rectify this for you and then you get to go run your business and be a successful business. >> We're totally fine with turning those tables 90 degrees and we may lose a
table or two and so be it. That's fine. >> Yes. >> I have a question. I know we talking about dance floor. Do they actually have a license or a permit to dance? Yes, I'm sorry. >> Uh, yes, they they did receive um a
permit for dancing years ago. Um, but the dance floor itself was never approved. So, the second step was never approved. >> Yeah. My second question would be for Hector. Um, I actually had somebody call me and asking me before it was only for
48 people and then it went all the way to 135. Can you explain? So maybe this person is watching TV. Why was this approved when it was from 48 to 135? >> I want to further that question because I had a similar question but I want to
put some facts to it. In 2019, populace received an occupancy permit for 48 of the occupancy load to be 48. And then in April to 2024 on a different address. So the first one was 11 Everett, the second
one was five Everett and increased to 135. From my previous notes, I remember you said you installed a sprinkler and that's what increased the occupancy. Um, but now now that we're talking about the dance floor and you did your inspection,
it is your belief that the 135 is still the occupancy for that building. >> Uh, yes, it is. 135 occupants is what's allowed based on that square footage. >> Okay. >> Is there any consideration to and I'm
sorry because I think what everybody's having a problem with it and I'm just going to call it. It's a really small space. Yeah, it's got a couple of floors, but it's really packed and you got tables and you got chairs and you got bodies and all you need is a little
fire and you got trampling and you know Rhode Island. I'm sorry. That's just what's in my head now. Um, so but the question is does is when you say it's what square the square occupancy is what is allowed. Is there a consideration of
these other fixtures and other you know things that are taking up that space other than box? >> Uh yes. So when we review these plans, we review the plans based off of the square footage, egress pads which they have to show on the plans, tables and chairs. Um the building code does allow
for this. Um so we just reference our building code which is chapter 10 section 104. Um and that's how we come up with this determination. >> And and the code your application of the code you've inspected the the physical
premises the diagrams match the physical dimensions. So everything is >> I think everybody's >> I just let me just in defense of Hector and the building department as someone who has the first ADU in Chelsea and had to go through a hell >> congratulations >> and it was hell >> disputing his trying to lay the
foundation for >> the decision. So I I know where I'm going. >> Okay. I just say like the amount of um bureaucratic and inspection and things that had to be done to pass safety is significant for and Chelsea just are
high high bar that I appreciate that >> and I think I want to couple what Mark is saying we need to have that in public record like I know what everyone's going with but for me I don't know that and I would like to know that information like what why is it that they're able to increase um from 48 to 135 and that the
inspection services thinks this is okay. I just need to know for information. >> Yeah, it's not that Inspectional Services thinks it's okay. We're just following the Massachusetts State Building Code and that's the reason why for the increase and >> which which is why we're trying to lay the foundation to support your findings.
>> I I think the reason everybody is questioning it is because it seems like such a a very large change in the numbers 48 to 135. >> So 48 to 135 that I mean you more than doubled the amount of people that were
permitted to be inside of the space. And the reason that we have been told that that doubling took place was because of the sprinklers. >> Um and or more than doubling, almost >> triple >> almost triple. Yeah. Um, and so I think
the the reason people are questioning it is is it seems >> kind of it seems like kind of a crazy jump to be able to have three times the number of people just because you put sprinklers in the place and that's why people are concerned because it it seems
a little off. >> Uh, council, another question. I'm sorry. Um, the um the four the the square footage that you've you've demarcated in the picture. What where did how did you come up with that figure other than historic historical use? Is
it just that's the space that has worked without >> I don't have to answer because he submitted the plan before I was representing so the 450 square feet. How did you come up with that as the is that just historically where the dance floor was? >> Uh well yeah that's that's what we used
to have. >> So this here is historically where people would dance. >> Yes. Usually this >> just always been that way. >> Yes. sort of okay and how mayor so let me ask this and none of the commissioners have asked but it's a question that I have um
>> given the what what you've heard from the commission I I know you've been very uh willing to sort of take direction and I think that that's um helpful how married are you to this specific dimension like these dimensions the 450
>> I mean >> smaller I mean I mean I don't know >> I mean I think if we can accomplish what the chair is looking for by turning the tables and giving up table space to keep that floor the dance floor space. I think that that obviously would be our preference. Um, you know, and so if I
could briefly touch on what you were asking the deputy commissioner about the this the size increase. I mean, my client in 2023 goes to the building department and says, "If I want to increase my occupancy, you know, willing to put in sprinklers." So, we don't have a Rhode Island. You know, I don't believe Rhode Island had sprinklers.
this place does. >> And so nobody, no business owner wants to have somebody die in their establishment because of a fire. Nobody wants to have a fire. And so my client went and sat down and worked the numbers and said, "If the building department said if you put sprinklers in this space without altering the space, there was no
increase in dimensional size um to it. Then you can increase your occupancy load from 50 to 135." He then went back with his, you know, numbers and his wife and said, "Okay, we can afford to spend $50,000 to put sprinklers in to keep our patrons safe and to have this uh
increased load." And so, I mean, that's sort of the calculus that went in. You know, as you know, he doesn't get to make up that number if it went to the building. >> No, no, the number clearly came >> from building um and inspections that that's where that number came from. So,
we're not saying that the Lency did anything with that number. The question there is how did inspectional services come to that number and is it really the what the calculation comes to for safety?
>> Well, it's need to be >> I just want to like center us on what we're trying to solve here because we could be here all night with a circular conversation. So, first of all, it's Hector talking very clearly that it's a state code that they're following. So the question is if you have a problem with the occupancy, if it we want to
change that, who has the power to then make that decision is then the question to ask and figure out what the next step is there because Hector's answer is very clear. They follow the state laws and they made that occupancy. So I'm asking and maybe you know this Mark, is there a
way to change that occupancy and how does that happen? And that could be a next step if you want to further that conversation, but I don't want to talk in circles for another hour because this is not solving anything. >> Well, I think yeah, at this point, you know, we're we're all sleepy. Um, I think with the short answer to the
occupancy question is right here, right now, no. But with respect to the arrangement or the approval of the dance floor or the designated dance floor area that is affected and I think it's fair that the commissioners have their question questions answered. so that
they can feel comfortable in the decisions that they're making with regard to this specific issue which is the dance floor. Do we, you know, the commission inspectional services has signed off on this dimension being a safe
size and design. Um and so from that standpoint, the comm the commissioners need to take the facts, make a decision as to whether the proposed plan is acceptable or if there are alterations
andor conditions um such as conditioning approval based on a certain arrangement of fixtures or furniture or what have you. That's before the commission right now. So it's, you know, it's like big picture, little picture. I can you know
we don't want to go spinning off into the the the ether but at the same time it is a part of the analysis. So >> so one more question regarding um
with guests coming in and and um regarding the dance floor. So, we know you currently with the current setup that you proposed, you have a total of 89 seats in the establishment. 13 at the bar, 76 in dining. Um,
how many employees do you have working on a typical night? >> We have around 11 or 12 depending on the night. >> Okay. And um do you have some somebody at the door that's um managing your
capacity? Because yes, if you're dancing, I'm guessing you're allowing in additional people. Um in addition to what can sit at those tables because your capacity permits that. >> We have a couple of people. One is at the entrance always with a clicker with a controller. It's always controlling
how many people we get in. >> Perfect. Um, so what I would propose regarding the dance floor, um, would be, um, the tables aren't numbered, um, because that would have made it really easy. But what I would propose is um
that the area would be would be approved um if this we had one table here and one table here between those booths because that would leave adequate space for people to get up from said tables and
from those booth seats on the side um without affecting the dance floor. So you would essentially be taking three of the tables out along the wall of the dance floor. One closer to the large booth and stage and kind of spacing that
out a little bit and then two in between these two booths of four to open up that space so people from the booths and that one table could get up and move around that dance floor with ease if you had a full dance floor going on. Are you removing seats because is that reducing
the number of seats? >> That would take out seats in the restaurant. Yes. >> I'll be honest. I'm not an expert on this. I would I would rather that if you have someone who could plan this out for you and if you have that, let us know and say this is the dimension. This is
the amount of seats that you have and this is is according to the building codes. I will be okay with that. I feel like I I don't have enough information or the knowledge to say for you to remove your seats out of your establishment to make more room for your dancing floor. So,
>> but that's part of what our job is. >> Yeah. But I as you stated, we we just got three designs and I feel like >> in the end I want to know what's the final design. >> The final if I could the first design was submitted in November 2018 with the
original application. So, >> okay. Then when he when the issue was brought to his attention that he didn't have a dance floor approved, he went and had somebody draw up a draw up a plan that he submitted. And then he went and had it the the so-called third plan.
This is the third and final plan. It's the only one before you tonight is is to approve. I will say, Madam Chair, to address your concern, my client said he would if if you want that dance floor. If you're more comfortable shrinking the dance floor, he's happy to do that and keep the tables going. Yeah, I was gonna
say the tables are probably more of a and less of a fi I mean more tables the easier it is to like have less of a crowd. >> I agree completely. My concern is if you want this much space for dancing you need you need to free up space on that
side. >> Um and it's unclear with the way this plan is written on if you have space. Um, the only other the only other space where you could potentially move tables from what I am seeing here would be over
in in this area here. But given the dimensions of your diagram, it makes it really hard to be able to tell if that would actually fit. Um, so I would say that you need to take um about two feet off from that side to give the a full
width of a person um to be able to walk by. Um, so if you took two feet from the side where you have your booths and your tables um from that dance floor, that would give that extra space. >> Done.
>> You said it's fine. >> I'm sorry to interrupt. Um, to and I'm sorry to keep us here even later. Um, but there's Have you figured out how many bodies there are on a full dance floor? Do you have an estimate on a number of of
bodies on a dance floor? >> A rough number if I have to for what I've seen over the years. >> Uh probably around 15 people. There's not a lot of dancing. That's why I rather lose the dance floor
than the tables. It's not just everybody goes dance. >> Some people want to do it. >> No. And that makes sense. If it's not everybody in there is trying to dance, then shrinking the dance floor definitely makes more sense than taking away tables.
>> The other thing is the commission and you're going to hate me. I'm sorry in advance. The commission can also ask for another submission so that the commission can have more than one option in front of it to make a decision with regards to different options. And I'm,
you know, sorry. >> If I, if I could, may I suggest that, you know, if the commission is comfortable shrinking the the width by a foot or two feet, whatever. I think you said two feet. >> Uh, we can submit if the commission approves the plan as modified and we
submit tomorrow or the next day, I don't know how quickly his arate architect will do this. We'll submit the revised plan showing that it's been moved over 2 feet with the revised square footage, which will obviously be less than 450. that we don't have to come back. Assuming we resolve the other matters tonight, we don't have to come back
again. >> Though I'm getting paid hourly, so I'm happy to come back. >> And as much as I love having you all before us, it would be really nice not to have continued disciplinary hearings. >> Um because >> it can be a conditional approval to answer the question
>> because it it has been a really long day. So it would be really great. Um, so my proposal for the dance floor matter before us and obviously the disciplinary is another subject for the rest of it,
but I would propose taking it um 2 feet away from those tables along the booth side and then it needs to be a different flooring to make it clear that this is the space for dancing.
>> Yep. and they said they agreed to that. Great. Um, so, uh, >> motion to approve subject. >> Uh, thank you. My brain's too tired now. Um, can we have uh I'd like to make a
motion to approve um the dance floor pending a revised plan submitted to the license licensing department. Um that shows a reduction of
2 feet from uh the edge where the booths and tables are. And the dance floor needs to be a different flooring than the rest of the dance floor, >> not just paint color.
>> Raised. Be specific. >> Uh so it need needs to be a a raised dance floor um where you have a lip at the edge of the dance floor. Um so again, my advice just go get one of
those pieces. You can get it in the dimensions that you need. Um but pending those um I make a motion to approve it with those stipulations >> subject to those conditions being met.
>> Subject to those conditions being met. >> Thank you. >> Um would anybody like to second that? >> Second. All in favor? >> I. >> Okay. So we have a dance floor.
>> That was the I think. >> Okay, moving to the other matter. >> Do you need Hector for this one? >> Um, the other I do the other um items regarding the disciplinary
matter involve inspectional services. Just the cameras issues. >> Yeah, I don't know if that's >> okay. >> Um, >> I don't think that's ISD. >> No, I do have a question for ISD. When you do your inspections, right,
maybe it's a two-part questions. When you guys do your inspections, you guys look for the cameras, too, to make sure there's cameras up. Is that part of your code to make sure that like the restaurants or the establishment have cameras? >> Uh that is not part of our code. >> No, you guys don't see that at all.
Okay. What about egress uh for fires and stuff like that? Like the doors and stuff like that. >> Uh we do inspect um any obstructions, exit signs, emergency lighting, doors, um flooring, just anything that's in the building.
because we found one and which was the push bar situation which Tony fixed. Um that door is locked. Any reason why that wasn't part of your inspection would are they allowed are they they must have a push bar because according to the fire
department that um they should have that for emergency situation. It closes because I understand he doesn't want nobody coming up that way but going out. We need to push by. We can't have locked doors. God forbid something happens. >> Uh yes. So the the door are supposed to
swing outward. I believe they did correct one of the doors to swing outward. Um there was a lock on the door. It's not a deadbolt, but um it is a lock which um most businesses have these on their glass doors. They're supposed to remain open and the panic
hardware does serve as a means of eress. >> That was one of our concerns what we did. Maybe in the future maybe police should go out with ISD. as well when they do inspections. I think we do anyway. I think also Maldonado does. >> Yes. I have not done the recent uh recent inspections, but they do go out.
Um the other inspectors did go out, so I can follow up with them. >> Excellent. >> Uh the only question that I have while Hector is still here. Um you referenced a concern about an egress and a large drop. >> Oh yes. So again, I'll fall I'll lay on
the sword on this one. Uh when uh Officer Fen and myself went over to check Tony's cameras to make sure they record for 30 days, uh Jamie Officer F was just explaining his expertise on where should this go, how the angles, and he was checking everything. And he
goes, "Well, let's check the kitchen." I said, "Okay, check the kitchen." He's like, "There's no cameras. There's a door here. There needs to be a camera." Jamie's been a lot on I have like There has to be a camera here and there has to be a camera. side. Um, that door didn't
open. That door is like shields stuck. Did you try to get it open, Tony? >> Can you get it open now? >> Yeah. Okay. >> So, it's it's open. >> Yeah. That one. So, that door for whoever's cooking back there, god forbid
there something that happens, he or she that needs to beline it out, it's going to go out and drop. And I talked with Tony about maybe getting some steps. Tony was telling me they don't own the property. >> So, he doesn't own that. >> So, I I would question if if it is a
point of egress in the building. Um, is there um is there something that you can do if he's not the building owner? Can you address that with the building to make sure that is a safe point of egress? >> Uh, yeah. So, when we do our
inspections, that is actually not a means of egress. Um, you run into this issue a lot in these older buildings where they have these doorways that lead to the roof for example or just like another area in a commercial establishment. Um, it's not a means of eress. Let's say if they were to lock
it, we have the plan and we when we did our inspection, we know that it's not a means of eress. Um, but you know, God forbid, let's say there is an emergency, they have to run up to the roof. um you know that could be what we call an area of refuge where fire department can go
up there with the ladder and rescue people if if they need to. Um but it it's not a means of egress. I mean it's you know it's good if they have there is an emergency at the front door for example. Um that's why they have the sprinkler system.
>> So if people open that door just because I obviously I haven't seen it. People can get somewhere. It's not just a open up a door and a drop. >> Yeah. So they will it's probably like 18 inches maybe maybe two feet. Um but they will drop and that's actually where they have their dumpster. >> So it's like a little parking lot or
something >> just I have the picture right here. Did we give it to you guys? I'll pass it over. So this is >> Tony provided these. >> Sure. >> So that is the camera that's inside
>> and this is the door that's pointing. There's the push bar. It's a very tiny space. Here are the camera outside. And this is the drop that I'm talking about right here.
>> And >> but there's nothing we I mean it's it's just is what it's not the property. I mean there's not >> but but that was my my question. Yeah. >> It does go on the dip. You have two you have two dumpsters that are ready to come down. >> Um if who doesn't belong to and stuff
like so my question to ISD for safety and for Tony's peace of mind how how does that get fixed how do we >> stairs >> put stairs >> well >> I just don't want something to happen >> so so um we when we did our initial
inspection that's not a means of eress huh >> it's not a means of eress >> but there there isn't some sort of building code that if you open up a And and again, this isn't on you, Tony. This this is for the the building and just the safety of your employees if
they step outside. Um there isn't some sort of a requirement that there has to be a stair if there's a lip like that. >> Uh it's a requirement if if it is a means of egress. >> So he's saying there's enough areas to exit that that doesn't count as one. So yes, people can leave out of it. Same as
going up to the roof, but it's doesn't it's not a requirement >> for them to put something in. It's not his property. now maybe we can get the other guy who owns property to do something about it. But >> and that he he addressed that with me earlier. So I was like, "Okay, I I was just concerned if you're going to have
an employee there. >> Somebody needs to be line it out of there. Open a get that door open. B it's going to be a short drop that's going to hurt. You know what I mean?" So I don't just for his peace of mind. >> You know what I mean? That's all I >> Someone's using that door. It's probably
similar to a window where they're just, >> you know, Yeah. Yeah. Exactly. But it's not technically a means of egress. >> Okay. >> Okay. Thank you, Hector. I appreciate that. >> Thank you, board me. Thank you, Chelsea. Please. >> Um Okay. Hopefully, we can um go through
the rest of this fairly quickly. um for the uh remainder of the disciplinary matter. Um Sergeant Chung, um Officer Santiago, can can you um share the items
of this continued disciplinary matter um so we can make a ruling on that? >> So we we initially addressed this um back in January of some anonymous complaints uh stemming from December. Um it was brought to the commissioner's
attention by January due to the holiday and that just happens to be when our next meeting was. Ultimately there was some videos surfaced uh regarding some grind dancing which would be the standards of conduct on the premises um because of
genitalia uh making contact. Uh then there was also a 2.14 which instructs that the security personnel are to not make bodily contact with a patron. Last time we met um Tony mentioned that everyone was off
duty um including the security personnel and they were having a private party uh for the employees for the holiday. Um but that doesn't negate the standards of conduct on the premises. Uh there was some video requests
whether it's miscommunication or whatever the case may be but the videos did not end up first of all they were poor quality and they also did not end up getting memorialized because they were ultimately removed um and Tony claimed it to be lack of space on the
thumb drive. Um, so from there we met uh through another commission meeting and highlighted that he needs to update the cameras. Um, and he has and I'll turn it over to officer Santiago regarding the
camera updates. >> So for the camera updates again uh I just went recently with Officer Fen. Uh, officer Fen um is one of our officers. He's also one of our IT members. Uh, check Tony's cameras. They do record.
You picked a certain date and they do cap capture on that. So, his, um, recordings do work. Um during the visit uh Tony was explaining that to move certain cameras certain angles so we could catch the dark spots
uh also by the steps but security personnel so we can see security when they're working if he I think Tony says you have two sometimes. >> Yep. So they're going to be easy to identify with the red shirts that say security on them uh per to the rules and
regulations. Um, also Tony, like I just said earlier, Tony just put in the new cameras in the kitchen that shows that door and one outside. So, he's been up to code. He's been up to par. Uh, he's been very forward with all the requests that comes about with the camera system.
As for the new camera, I don't it works, but I do not know if it records for 30 days, but I think he did tell me uh it's all tied in together. >> Yes. Yes, >> it's all tied in together. So, u I did that the other day. So 27 28 days from
now I can go back and check that camera to make sure it's up to code. >> If I may. So the V D V D V D V D V D V D V D V D V D V D V DVR system the main memory records for actually more than 30 days now like 34 35 days. If we add an
add an extra camera another channel to it will still record the same amount of time. It doesn't matter how many you put in or you take it out. And the only reason >> it's all tied to the same system. >> And the only reason we don't know the 30 days on that is because I think it was just it was just picked up that there was no camera there. So it was just
installed as soon as it was flagged. >> So >> if I if I could just could I want to clarif I I went back and I watched the February uh hearing just because I came in after the fact and um you know I want to thank Sergeant Chong. I want to thank
Officer Santiago. I mean, I would say at 1 minute and 37 1 hour and 37 minute 25 seconds, the the good uh officer said a couple of things that I think were worth repeating. Tony said, "Whatever you need, I'll get to you. They've always been up to code. He hasn't been there in
a while because they haven't had any complaints about the place. It was licensed in November of 2018. My my read of the record is the only discipline they had was in June of 2019. New business owner made a mistake. Since then, they've had no complaints or no
issues where they've been before this commission for discipline except the present confusion over the floor. He didn't go in and put sprinklers in with no permits. He did everything by the numbers and just for whatever reason, nobody said, "Hey, by the way, you got to go back to the commission." It was an oversight, a regrettable one. He's paid
50% of his business over the last couple of months while the suspension was in effect. So, he's felt the pain of that. Um, but the one thing I did want to just clarify at the one minute 1 one hour and 57 minute and 26 seconds there was a discussion about whether he quote unquote destroyed evidence. I don't think that's fair and I just I need to
say it on the record. You know, he was asked to provide video. He did provide it. The zip drive came back to him was asked give us more. you know, there was nobody nobody asked, you know, I think the sergeant during her recitation at the 1 hour 57 minute mark said like we
don't keep that information until we get it complete because we don't want partial evidence, you know, but I think it's fair to say that was never communicated to Mr. Llama and I don't think he would have any reason to think, well, the police didn't save this. It was an honest misunderstanding and I just I think you know a couple times it
was said that he d why' you destroy evidence and I just don't think that's fair. He's been a good business owner here. He's been a good business owner in the city of Lynn and elsewhere and so I just wanted for for his own for his good name to clarify that for the record. Thank you. >> Thank you. Um Mark comments from the
city. >> The term spoliation was used and it was um just based on the facts. Um it was not with judgment. Um I did have let's see
this the cameras are are working. They are recording. We just need to lock down the amount of time that the number of days as I understand it. Um is the commission. So you also have the grinding
aspect. Um I don't know whether you have whether you want to talk about that first or whether you want to talk about the surveillance first. Wrap that and then move on to the the grinding uh allegations or the grinding video or what have you or not. up to the the
commission. >> Um, so I I don't know who on the commission was here at prior meeting when this was presented to us. Um, do you have that that you could just quickly play
just because I know not everyone was here to have seen it prior and I do understand um as as was just stated that when we did talk about this and you said this was in February
um we uh Tony you shared that this was a private party for your staff. Correct. >> They weren't working >> and all we have is the social media videos. There's no sec like actual footage of
>> So the footage that had been turned in was blocked by a balloon. That's right. And very grainy. Yep. >> And then overwritten. And I believe if I also uh remember correctly, Sergeant Chung, um you can um
please correct me if I'm wrong, but I believe in the initial statement that when you presented this to us, the claim was that the individuals in that photo um were all employees of the establishment.
>> Correct. Um, and so that was part of the concern because we're we're seeing that type of dancing. Obviously, there um I mean the gentleman ends up having to um I don't I
don't even know the way to say it nicely on record. Um but clear clearly it um was a bit much. >> It was totally inappropriate. He acknowledges that we're not going to dispute that that shouldn't have happened and he understands He needs to be more attent his staff needs to be
more attentive to that whether it's staff only or not. It just it's a bad look and I agree with the assessment about social media and >> well and and nowadays I mean if anybody's paying attention in the community people are posting
everything. So just cover yourself and don't don't put yourself in the situation to have somebody present something. Um >> it's also a violation of the regulations to have any kind of simulated sexual acts. And I'm not trying to
>> lay on, but it is it's in the regs. It's 2.12. >> Um it's a whole subsection um of of the regulations, >> which is one of the um items that they are before us um for on disciplinary and
um who who has section 2.12? Can you can you just read that? >> I have too many papers. 2.12 goes from A through G. Um let's see
you I mean A talks about um people places need to be let's see um 2.12A public are invited uh and expect to be treated in the same manner as in other public places with regard to the
provision of a decent and non-offensive environment. Um then you've got uh B which is uh it is forbidden to permit any employee uh to promise, offer or accept sexual acts in favor exchange for money or
beverages or other commodities. C forbidden to encourage or permit any person in or in in or on the licensed premises to touch, caress, bond the breast, but genitals of any other person.
D forbidden to employ or permit any persons uh in or on the licensed premises while such person is uncloed or is in such attire as to expose any view of any portion of the areola of the female breast or portion of the pubic hair clip of the buttocks or genitals.
Um let's see an E is uh forbidden to employ or permit any person to wear or use any device or covering exposed to view which stimulates u breast, but pubic hair genitals. Fbidden to employ or permit any person
in or on the licensed premises to perform any act or act to sim to simulate any act or acts of sexual intercourse, masturbation, sodomy, flagulation or any sexual acts prohibited by or touching caressing or fondling of breast buttocks or genitals
of another person of another or himself or herself. Uh and then no employee shall or entertainer shall solicit, induce or request a patron to purchase any alcoholic or non-alcoholic beverage uh for them or for any other person. And
no entertainer shall mingle with or circulate among patrons or of the licensed premises. And nothing here in shall prohibit the above activity in connection with any contact with such a person may have with a patron to whom they are related by blood or marriage.
>> Helpful not helpful but >> um so I ba based upon that I mean I think >> it's the touching the touching part. >> I think the F is is kind of the the
clear no questions asked. Um, yes. >> So, this is going to be the approved dance floor. >> I mean, you go back. >> This is subject to a limit. It's going to be smaller.
>> Yeah. But here's the thing. >> Look how many people are in there right now. >> And that's not even that little box that you want to put everybody in. No one's going to be in that box. Two people, three people, maybe eight in that box. And then
we have all this all over the place. How that's not up for us to control. That's going to be up for Tony to control. But look how many people are there now. >> You know, it's it's what it is, right? >> Yeah. Until something happens, then that's what it is.
>> Take it up with the governor >> or the state legislature. >> So, what are we recommending for um action here? I mean, I do definitely see a a violation of uh 2.12
in this video. Um 2.14, which is the other >> that was the surveillance I believe. >> So that was that the video 2.14 >> one4 is the employees or security personnel in contact
with >> the patron. >> Uh yes. >> Oh, that's right. with physical >> he stated as I recall he stated at the last hearing and council you correct me that it was that they were off duty. >> Yes, >> both um were off duty at the time of
>> and then the other items were 211 >> was 211 212 F and 214. >> So the 211 was the dance floor which >> right that's the that
we have essentially solved. So then um the other item is uh whether or not they were in violation of 2.09 09 >> that's the video camera. >> Uh and
so it we did u discussed last time that there were numerous camera cameras that were not in working order at that time and those have since been rectified. Correct. I just need somebody on the microphone. >> Yes. >> So, we have a matter of
>> Yes, it's been reviewed. >> Thank you. Um, so we did um what what I what I say with without a doubt, we know that they were in violation of 2.12 um based upon what we saw for that
dancing and um the the 2.09 9 a with the cameras. Um 2.14 um could be up for a debate because you're stating that they weren't working that day. So I could see that one being
being up for a debate maybe. Um but I think 2.09H and A are clear violations um which you have since rectified and 2.12 is a violation. Um so I would make a
motion to um find them in violation of 2.12 and 2.09H and 2.09A. >> Yep. Yeah, that's different from making a decision on disciplinary. This is this is just
>> well and then we have to decide >> what disciplinary >> Yep. That's why right now I'm just I'm just talking about what we're finding them in violation of and then we can talk about the disciplinary decision to go along with that violation. Does that work?
>> Okay. Um, so as I was saying, um, I, uh, oh, before before I make a motion, is there anybody from the public that would like to speak on this matter? Seeing no one, we will close that. Um, I
would like to make a motion that, um, we find them in violation of 2.12. um uh 2.12 2.09H 2.09A
um and they had also been in violation of 2.11C. Can I get a second on the 11C was the dance floor? So these are these are things that we found them to have been in violation of. So, I would like to
make a motion that they were found in violation of those and then we can talk about what we want to do. >> Second. >> Second. All in favor? >> I. >> Okay. So, we've established that we found them in violation of 2.12, 2.09H,
2.09A, and 2.11 C. Then the discussion becomes what if any disciplinary matter u do you feel these um violations permit uh to move forward with as has been
discussed you have fixed your cameras so we know cameras are operational um so thank you for fixing your cameras and having those operational we've talked about the dance floor so that that covers um making progress on on that front as well and and so you'll work on
those plans, you'll get that to the city. Um but um what sort of disciplinary matter do we feel there should be any sort of adjustment in hours, a suspension, a suspension held in obeyance for if
there's any future issues? What are the thoughts of the commission? May may I ask or just one up you did already with respect to the dance floor essentially you suspended the license and that was a form of discipline because it wasn't just saying you don't have an approved dance floor you
suspended the rest of the the other portion of the license said you couldn't have a DJ so I think to some degree you've already disciplined him for the dance floor issue again you know it's a separate issue to say you don't you're not permitted for the dance floor proper so that's not discipline but taking away
the other things like the DJ and there's one or two other things. I think that was sort of discipline. I would just urge the commission to look and say, you know, it's been a couple of months, you know, his business has suffered be, you know, he's a big boy. He's he's dealt with it. He's been a good business owner and uh just whether
it's some type of um sort of verbal warning or written warning. Um and he clearly understands you're going to be adopting new guidelines, progressive discipline. He knows he doesn't want to be back here again. Thank you. >> Thank you.
thoughts from my fellow commissioners. And and remember you we can if we if we did make any sort of a ruling that there was to be any sort of a suspension if you feel that that is deemed necessary. It can be a suspension that's held in obeyance meaning it
doesn't have to be served now. But if a an additional violation occurs and it gets brought before us, that is tacked on in addition to whatever additional disciplinary matters are coming before us at that time. Um, if you feel that
that is a direction to go in anyone. >> Yes. It's kind of kind of like probation. Anyone have thoughts? So as of right now we last time we u what the
>> so so currently there has been a temporary suspension of their entertainment license with the exception of uh radio and television until the dance floor situation was
rectified. That was the the ruling in February. I mean, I guess this was like a staff party unless kind of, you know, I've seen staff parties. I mean, it's it sort of seemed like a
hopefully unique situation that that's not every Saturday night at this bar. I mean, I think we can keep watching the video about it and keep an eye on it, but >> it was a New Year's party, was it not? >> But for staff, it wasn't customers. >> No, no, I know. >> Yeah, that's to me as like difference.
>> I mean, not okay like but >> well I mean it's it still clearly states >> I agree on the property. >> I understand. >> I'm curious what Alex or any think >> it was in violation of the surveillance.
Um I'm focusing on that. I believe >> you already taken steps to talk to your staff about their conduct u when they're employed. Yeah, >> we we definitely did after I saw that video because I didn't see that when I
was there. >> Yeah. >> And you can see that is a matter of eight seconds. They are within friends playing dumb and and I we talked to them and said, "Listen, you can't be behaving like this. We have we don't promote this and we don't condone this and we're in trouble."
>> So, the other establishment is uh created an employee policy. Do you have something similar to that? I don't have a written employee policy for that, but I'm definitely making one. >> So, that would be my suggestion. If they could create a policy and present it to the commission about the standard of
conduct uh while employed, I'm okay with just as a verbal warning regarding the grinding >> and but we also have the cameras that were an issue. Yeah, I'm debating on that one because cameras has been an issue in Chelsea and
I feel like there should be some kind of um >> Well, we just did the other who had the camera issue wasn't that today. >> It was pushed not u to wasn't the cameras that was kiosk and that's pushed to the next month. I'm I'm inclined because of the continued issues with
cameras um I would be inclined to um have a couple day suspension held in obeyance um for if we have pending no issues um in the next six months um then
that would get pushed forward but I think it's important to stress the severity of having cameras that are clear and you fix them. Yes. And this is why I'm I'm not I'm not proposing we suspend your license. I'm saying uh that
it's a two-day uh suspension held in obeyance. So, if nothing else occurs in the next six months, then it goes away like pro like probation. But if something else happens and you get brought back before us for another
disciplinary matter, you're going to have to have that two-day suspension plus anything additional that happens because of additional disciplinary matters that are held um at that time. Um because we continue to have these
ongoing issues with cameras and not having proper footage. And again, you you fixed this, which is why I'm not saying suspend your license now and and make you close your doors, but I think it's important to make sure because we do have other things of concern here.
Um, making sure that the establishment is operating properly because I don't want to say it's a slap on the wrist completely now and then you're back before us in a couple of months and it's we should have known better. >> So, I'm okay with that. I I like the
probation period and then also if they could present us an employee policy for the standard of conduct, >> I'm good with that. I I will make a motion for that. >> Or that it's submitted to the the legal department and >> it was approved. >> Yeah. They don't have to come back here. Yeah.
>> Yeah. It doesn't have to come back. It's just submitted to the license. >> So, >> in in addition to the code of conduct, are all of your servers and bartenders tips certified? And have you provided that to uh the
licensing department? >> We have we have a folder checked. >> Okay. >> Update your book. Your book. The red book. >> Yeah. >> So update your book with everything on there. When I come back to do your
30-day inspection for the cameras, I'll do another inspection on your stuff. make sure that everyone's agreed, but update tips, IDs, every every girl that you have working there needs to be in your book. >> Okay? And if they're not there, take them out, switch them out. All right?
We'll talk later. >> And the the other thing to really stress because this is another item that is coming before us repeatedly recently is no staff drinking. And this goes for everyone. It it goes for yourself. If
you are there and you are managing that restaurant, you're you're not supposed to be drinking per the rules. >> Um and that goes from top down. And as I stated with one of the earlier um lences
that was before us, just have the team drink elsewhere. It just >> it could be part of your employee policy that needs to be read. just prevents somebody reporting you saying the employees are drinking because as we've seen people are reporting people. So
it's it's how we're then taking you at your word that they are off the clock at that time. Like it it just opens you up for a problem. So protect yourself and your business and put into that policy that they're not drinking on your property and and have have them support
one of the neighboring businesses when they want to go have a drink, but when they're on your property, they are there to work and that makes so you hopefully won't have an issue. >> So is this a motion to do the disciplinary or we just need to agree? >> Um so
um we we need to make a motion for the disciplinary. >> Okay. Um, does somebody want to make it? >> I will make it. Motion for the violation of 2 uh12. Um,
if you could present the to the licensing department a copy of your employee policy to discuss the standard of conduct with the employees in regards of 2.09A and H and surveillance.
Um two days of suspension um in abatement. Is that the word? >> In obeyance. >> In obeyance. Thank you. Uh it's just so late. Um within a six months period. >> Second. >> Thank you.
>> Oh, anything else? Good. Just making sure before we we close that if he was going to >> I saw the look. >> So for the employee handbook and I'm not get trying to get in the weeds, but I got to write this up. So like what do you want? Just a standard of conduct.
>> An acknowledgement of the standard of conduct. >> Yes. Yes. Just a copy of it. >> Handbook. That's a piece of paper. So when you say handbook, are you looking for like a whole >> No. No. >> Standard of conduct for staff. >> Okay. >> A second.
>> You seconded. >> All in favor? >> I. >> Thank you. >> Just one side note I should bring up on the videos. He's going to we talked about every two week he's going to keep a log a running log. Every two weeks he's going to check the cameras because
we know whether they become blurry whatever it is just so that there's some logs when the police department goes in even though it's not required to be able to see. So if there's ever a camera problem say look I've been checking it every two weeks. So I I will say checking the cameras every two weeks is not adequate. As I stated to the earlier
business, that should be part of the daily task of running your business because it is a requirement to have cameras. So whatever manager is on duty that day, that should be part of their task is making sure the cameras are operating properly. Um because if
they're not, then you need to let the city know that they're not working. And if we if you're checking them every two weeks, well now we potentially would have a two week window where something had gone wrong and we didn't know. Whereas if every day that's part of your opening procedures as a manager is to
check the system, then we we would know immediately that there was a problem because you would be a responsible business owner. You would alert the police department, our cameras are down. I've called a guy in. He's going to be here in two days. Um, and that way everybody is aware of everything and
you're doing the right thing and then you're not going to get in trouble for the cameras having been down for a period of time. >> Makes sense. >> All right. Have a good >> and I asked a question just to clarify something and I know that my manager wants to know this. She asked me to ask
this. So I don't work at any of my restaurants. I have managers in all of them. I go, let's say, to lean once in a while, to Chelsea, Chelsea once in a while. I can eat and drink because I'm not working. Is that correct? >> Um, you can't go behind the bar. If
you're not working, then you have to make sure you're not going behind the bar. You're not going out back into the kitchen. You would have to be there like as a customer. So, it would legitimately be you're going and you're sitting at a table or you're sitting at the bar and you're having a drink. But if if you are
in any way acting as the owner and working, then you can't be drinking. >> That's great. >> Does that make sense? >> Yep. >> But as soon as you step foot behind a bar or you go back into the kitchen, you're the owner and you're there working. Okay.
>> U so you would legitimately need to just be going as a customer and >> and enjoying the establishment as a guest. Thank you all for your service and thank you for your time. >> Have a good night. >> I have a question. Was there a motion to
lift the A&E suspension? >> Um so the um suspension that is currently in place on the um entertainment license
um wouldn't be lifted until app the the uh requests that were made for that dance floor take place. >> Okay. >> So, it is still in place until
um what we stated earlier um so those conditions that we requested for that dance floor um until those conditions are met that suspension is still in place. >> Thank you. >> Does that make sense? >> Yeah.
that part to be clarified because that's >> once we submit the plan the revised plan in the floor and I confirm with uh the deputy commissioner will need to pull a permit for that once we do that we submit that and the suspension's lifted without a further hearing correct
>> yes >> I thought that's what we agreed on >> based upon what we had stated before it would be pending that all taking place so once all of those steps have taken place then that suspension would be lifted Got it.
>> Any other questions? Fabulous. Um, thank you very much. >> Thank you. >> And >> have a good night. >> Good night. Um, the last item on the agenda was the continued public hearing to consider and present the adopted
proposal for a disciplinary plan. Um, so I I will ask because uh I have to ask is there anybody here from the public that would like to speak on this matter? I see no one. Um so this is where I
defer to you Mark as to what do we need to do to adopt the proposed disciplinary plan? >> Nope. We we had already established last time that we had accepted the red lines from
uh Cheryl. Um so we >> we continued it to to give public input a chance. There is no public input. >> Yeah. >> Um so we just motion to adopt.
I would like to make a motion to adopt the um proposed progressive discipline plan. >> A second. >> All in favor? >> Done. Fabulous. Any other business? Anyone? No. Fabulous. Um, with that, our
meeting is adjourned and the next meeting will take place on May 14th, 2026. Thank you everyone. >> Thank you.