Uh the following matters will come before the license commission today. This is our regularly scheduled meeting. Uh this meeting was previously filed with the city clerk. The uh first items on the agenda are applications submitted for consideration.
Item number one, Halal Eats, Inc. DBA Halal Eats, 750 Washington Avenue. Fad Isa Noah Muhammad is the president. This is an application for a transfer of a common victual's license. The application of Halal Eats, Inc., DBA
Halal, Inc. for a transfer to be exercised at 750 Washington Avenue. This is a license transfer from Hot Dog Ow. The
requested seating is 20. The requested hours are Sunday through Thursday, 11:00 a.m. to 9:00 p.m. Friday and Saturday 11:00 a.m. to 1000 p.m. Is there someone here from Halal Eats? Yes, sir. if you'd
step up to the microphone, please. >> Uh, just hit the button right in front of you and the red light comes on. >> Okay. Yep. >> There you go. >> Good afternoon, everyone. How are you? >> How How are you today? >> Good. Good. Thank you, sir. >> Your name and address for the record, please. >> Sorry. >> Your name and address for the record?
>> So, my name is Sir Frasin. I'm the vice president of the company. >> Very good. And can you explain what you'd like to do with this license? >> Yep. So uh we uh we're going to serve burgers and the platters like and the halal food. Um we already have existing
location in Burlington Mass and it's under the same DBA halal Eats. So and we're going to serve the same menu as uh we're serving in Burlington. >> Very good. Uh thank you very much. >> Thank you sir. >> Do any of my fellow commissioners have any questions?
>> I don't. >> No questions for me. >> Very good. Uh we will close as part of the hearing. Are there any proponents? Is there anybody that would like to speak on behalf of the transfer of this license? Don't see or hear anybody. We'll close
that section. Is there anybody opposed? Anybody opposed to the issuing of this license. Don't see or hear anybody. We'll close that section. Would you like to discuss this further or would you like to make a motion? >> I can make a motion to approve. Second.
>> Very good. The uh application for a transfer of a common vixular license is approved. That application for halal eats DBA halal Eats >> to be exercised at 750 Washington Avenue. The requested seating is for 20.
>> Yep. >> The hours are Sunday through Thursday 11:00 a.m. to 9:00 p.m. >> Yes. >> Friday and Saturday 11:00 a.m. to 10 p.m. >> Yep. >> Very good, sir. You have a license. >> Oh, good luck. Thank you very much, sir. Appreciate it. Thank you guys.
>> Thank you. >> Thank you. >> Item number two, Royale Kitchen and Bar, Inc., DBA Royale Kitchen and Bar, 260 Broadway. Andy Nin Trron is the manager. This is an application for a transfer of
an all alcohol restaurant license. This transfer will be from Lemone River, Inc. The said license will be exercised at 260 Broadway. The requested seating to remain at 66. The requested
hours are Sunday through Saturday 10:00 a.m. to 12:00 a.m. The requested entertainment is widescreen, cable TV, DJ, amplifiers, karaoke, vocal, and instrumental music. Is there someone
here from Royale Kitchen and Bar? >> Hi. How are you? >> Very good. >> Uh name and address for the record, please. >> My name is Juan Jeromeo. I'm the um owner of Rinkoli Meno. >> Very good. >> And the person who's transferring the license to Mr. Tran who's here. Um
they're planning just to uh change pretty much the name of the restaurant. It's going to be a different food. Instead of being Peruvian food, it's going to be now Vietnamese. And they're just planning to have the same about operation I had before uh same license and
>> serving Vietnamese food and drinks. >> Is this Mr. Tran? >> Yes. >> Mr. Tron, do you do you have prior experience dealing with alcohol in restaurants? >> Um my sister does. >> Okay. Uh is she the manager or what is
what is her role going to be in the restaurant? >> You will run most of part of the restaurant. I'm sorry. >> She will run most part of the restaurant. >> Okay. All right. Do any of my fellow commissioners have any questions? >> I don't.
>> So, ours are remaining the same as before. >> Very good. We'll close this section. Is there any proponents? Anybody like to speak on behalf of the issuing of this license? Don't see or hear anybody. We'll close that section. Is there anybody opposed? Anybody at all opposed to the issuing of
the license? We don't see or hear anybody who close that section. Do you want to discuss it further or do you want to make a motion? >> I'd move to approve. >> I beg your pardon. >> I'd move to approve. >> I'll second that. >> Very good. The application for Royale
Kitchen and Bar, Inc. for a transfer of an allcohol restaurant license is approved. The transfer will be exercised at 260 Broadway. the requested seating to remain at 66. The requested hours are Sunday through
Saturday 10:00 a.m. to 12:00 a.m. Excuse me. The requested entertainment is widescreen cable TV, DJ, amplifiers, karaoke, vocal and instrumental music. Thank you very much, gentlemen. Good
luck. Item number three, Summit Hotel, DBA Hampton in Rever, 230 Liber Highway. Kamal Karib is the manager. is an application for a transfer of an all alcohol inholder license, pledge of
license, establishment of a management agreement, the application of Summit Hotel TRS, DBA Hampton Inn will be exercised at the current location. And this is a transfer of an
all alcohol inholder license from MHF Logan operating. And are you uh folks with the New Hampton in? >> Yes. >> Name and address for the record, please. >> Sure. My name is Elizabeth Pisano,
council for the applicant summit hotel TRS 192 LLC. Also with me is Kamal Karib. He is a proposed manager of record on the liquor license. Um, this application has three parts. First, we're looking to transfer the license
from MHF Logan operating the LLC to Summit Hotel TRS 192 LLC. Um, we are also seeking approval of a management agreement um between the Lency and MHF Logan Manager LLC. Um, and then the
third part is seeking a pledge on the license to Bank of America to finance the purchase of the hotel property. Um, the management company's parent company essentially is buying the hotel. So, it's really all at the top of the pyramid. They're all the same owners. They're just purchasing
the property and having another management company come in um to manage the food and beverage operations. There really will be no changes at the hotel. um things will run as they typically have in the past. Um they're just
purchasing the property and the management company is a related company to the parent company if that makes sense. Um Kamal is a US citizen, a Massachusetts resident, is familiar with the rules and regulations relating to the sale of alcohol. He is TIP certified
um and he has 21 years of experience in the hospitality industry. He's been the manager of record before at other hotels um in the state. Um and we're happy to answer any questions that you have. >> Very good. Thank you very much. Any of my fellow commissioners that have any
questions? >> I don't >> questions. >> Very good. Thank you for that. Uh the uh this part of this hearing will be closed. Are there any proponents? Anybody else like to speak on behalf of the transfer of this license?
I don't see or hear anybody. We'll close that section. Is there anybody opposed? Anybody opposed to the transfer of license to Summit Hotel? Don't see or hear anybody. We'll close
that section. Uh do you want to make a motion or would you like to discuss this further? >> I can make a motion to approve. >> I second that. >> Very good. The application for transfer of an all alcohol inhold is license pledge of license. Establishment of a
management agreement is approved. >> Thank you very much. >> Thank you. Have a great day. >> Thank you. That concludes the applications. Uh the next items on the agenda are hearings.
The item number four, Lupita Riviera LLC. This is a hearing into disruptions of public safety and order, service to intoxicated patrons, violations of license closing rules, violation of
on-remise license laws. This is a continuation from our November meeting. Is there someone from Lupita's here? Mr. Chairman, good afternoon. Commissioner, >> good afternoon. >> James Cipleta 5 Fremont Street in Winth
on behalf of the Lency. The uh manager is here as well as his uh security chief. Very good. >> Um, well, we were here last month and we had some neighbors that were
expressed concerns and were complaining about the level of noise. Because of that, we rolled back the hours to 1:00. How did you How we doing? Um, >> so far so good. >> No problems. Do you have any issues you want to
address? >> Um, specifically about the roll back. >> The roll back or lupas in general? >> So, so everything's been relatively quiet for council, right? >> Yes, sir. >> No issues. >> No, we haven't heard anything either. >> No. Um, I'm I'm sorry that I I was not
here last last month um to to get the full flavor of this, but I think um Rasmo kind of brought me up to date as as did uh Maggie. It it seems that as closing time approaches, people wait for their rides, they wait for Ubers.
Unfortunately, there are some residences across the street. It's not a completely commercial neighborhood. People tend to congregate and they wait and they wait to get picked up and then they leave. Some of them just hang. They do have a a police detail on Friday and Saturday night that seems to be very effective.
Uh so and probably is the reason why um there uh with the amount the number of people uh I don't think there have been any altercations or any reports uh calls for service to break up fights or any of that nature. >> Well thank you councel. I will say that
we I have had um earlier today discussions, excuse me, with a member of the Revier Police Department who deals with Lupas on a regular basis and he did say that your client was cooperative and did try and do the best he can. We feel badly
because he's in a tough situation. There are three, four restaurants with all alcohol licenses right in that area. And we understand that when they exit, there is a confluence of intoxicated patrons
and it can get loud and uh so I mean I feel I feel in a in a way I feel bad for your client because it seems as if he's getting tagged with with all of them and I'm not sure he really deserves that. But um do you have anything that you'd like to add to this?
>> Yeah, I wanted to ask you councel um what what measures uh in light of the fact that your client's uh our hours have been rolled back um you know are there any plans operationally so that you maybe can address some of the issues of the neighbors or
>> Yes. And um he had Arasma had talked to Fernando who's been up here before and I think has addressed uh the the commission in the past. Um so what what they have done is try to minimize or mitigate the the number the sheer number
of people exiting all at the same time. So they >> last call is a little earlier, no more drinks after um after a certain hour after last call >> and try to get people out. No hanging around. You know, if you're waiting and you're just talking, you're done done
with your meal or your drinks, you leave so that you're not leaving all at the same time. And it it seemed to me and I watched the video that it was provided to us that that seems to be part of the problem is this group or gang and not not that it was planned to be that way
but they just all sort of come out at the same time but if you let them out in streams it's it's a little bit of a mitigation to the neighborhood sometimes as well people who in that establishment know people who are in an establishment down the street and they start talking
and they're out on the street as well. I'm not real sure that that's within the perview or the of the u the control of of the lenses, but um they are doing what they can do to try to move those people along being cognizant that there are complaints and there are people
living in the neighborhood and those are the people who are picking up the telephone. So we need not disturb them. >> Right. >> Do you have anything that you'd like to add? >> No, I just um for my notes only. Um, what is the seating capacity at
Lupita's? >> 120. >> 120. >> Okay. >> Okay. Well, I mean, uh, from our perspective, I think it's it's going well. Um, and so I'm I'm inclined. >> I think there might be some neighbors.
>> Pardon me. >> There might be the neighborhood is still here. If you want to open up to the public, there might be some people here. >> Oh, yes. Thank you. Is there anybody that would like to speak on behalf of this uh in this hearing? Yes, sir. Thank you. >> Uh your name and address for the record,
please sir. >> Hi, good afternoon. My name is Le Alahesi. I live in 112 Shirley. Right in front of the bars or nightclubs, Lupas and Las Vegas nightclub. As we were talking last month that uh
they ruled the hours back to 1:00 and as you said you don't want to be tough with them so you make it only 1 hour 12 and I thought today was supposed to bring the three restaurants or the three bars
Las Vegas and uh the third one >> okay good because I sent videos that as I told told you before and you were discuss it with me that how the percentage of the noise come from Lupas and Las Vegas and I told you maybe like
70 70% from Las Vegas and 30 from sorry 70 from Lupa and 30 from Las Vegas and that's exactly true because in the last month Lupas was closed at 1 and as he said he's a restaurant and I think
restaurants got to close at 1:00 And the noise 10 to1 as I send the video yesterday to the commission the video that laiders have issue little bit like 10 to1 when the closing time but it I
think it's fine it's I mean we can handle this you know it's not wide like before a lot of drunk alcohol people outside no it was noise but not that much now the noise now start to come from Las Vegas at 2:00 so most of the
guest who cannot get wild and drunk in lupas they move to Las Vegas to continue the night or partying. So at 2:00 this the the the noise and the the the crazy the chaos from Lupas moved to Las Vegas.
So I thought that we to be fair and not to be tough on this pizzas. I think the whole street should be 1:00 as fair 1:00 people have fun drink but not wild and not totally drunk and still we have peace in our street. You have to
appreciate the the concern that I'm going to raise now because you know last time we were here. Um and I certainly credit your testimony before the commission the last time when you you were quite confident that most
of the issues were coming from lupitas. >> Yes. Because I live there. I know. I see it every night. >> I understand. And I'm not I'm not disputing that in any way. And as as I mentioned, I'm crediting meaning like >> Thank you. I'm I'm taking what you're saying as true, right? >> Thank you. >> But now you're saying that since Lupita
has been closed, >> the issue and the noise and disturbance is coming from Las Vegas, but it's only because you believe that people are navigating over to Las Vegas because they're closing earlier. What it what it suggests to me um is
that uh we can't really pinpoint exactly where the noise is coming from because if you have two neighboring establishments that are essentially letting out almost at the same time, you know, whether the noise is coming from Lupas or coming from Las Vegas, you you
can't truly distinguish that. And that was the concern that I was I was raising at the last meeting that you know we can't unfairly um um punish per se right uh one business
without addressing the concern with the other business which is why Las Vegas will have their opportunity when their hearing comes up. And you know, I you know, I I' I was frequent frequently driving down Shirley Avenue to kind of see and I would say over the past month,
Lupita has been uh uh consistently dead uh as it approached uh 12:00. I don't I didn't see people pouring out of there at 12, but I did see and I have the videos from you or whoever they came from. I don't know where they came from
from extreme noises at 1:30, 1:45, 2:00 in the morning that now we know we can't really pin it on Lupas, right? Because they've been closing at 1:00. >> Did you see the recent video? >> I saw a video. I saw a video as of um uh
December 13th at 153. >> Well, when the noise come at 2:00, it's not Rupa anymore because Leidas shut by 2:00. And I saw people coming out from Las Vegas and even cars, noise car and the and the security from Las Vegas was
running after them and they they run away. So after 1:00, Lupita's closed and after that Las Vegas take over the the the noise in the street.
So Lupita is doing fine now. I think as a restaurant as a nightclub is not nightclub but as a restaurant is good close at one now Las Vegas close at two. So and he he took all the attention or all the noise in that area and the the
video was really clear. >> So the video I'm looking at right of December 13th >> was at 1:53 a.m. >> Yeah. Um, and uh, and it it seems to me that this I don't know if this gentleman
was parked right outside your house, but this is how loud his music was. >> Yeah. Yeah. >> Right. >> Yes. >> This is at 1:53 a.m. >> He wasn't guest of Lupita. >> Was that right outside your house? >> Yes. Lid. How but how but how can you
say well look I don't know who's who who was a guest of because the video started with this gentleman in his car. >> Yeah. Yeah. But but you saw the sec at the end of it the security of Las Vegas came to ask him to leave and he >> but then how how how can you say on
record that this person came from Lupas? >> Well because the street there's no movement in the street that time except Lup is closed. Sorry. >> That's what I'm saying. No. You entitled you you you titled the video as Las Vegas. >> Yes, it came from Las Vegas at two
location. >> You just said it came from Lupas. >> No, no, no, no, sir. Let me clear it again. Sorry. Maybe I I mis uh pronounce it, but I said Lupas finish at one. So, no issue from Lupas. Little bit issue at 10 to one and we can
handle that. All right. So, that's one video at 1:00. End of the story. Now, the rest the three videos from Las Vegas at 2:00 around 2:00. M >> now the people come out from Las Vegas at around 2:00 and the issue from there. >> So my question to you is can you stand
here and still say that the issues on that street is 70% lupus 30% Las Vegas >> that last month now it's Lupita's clear they they closed at one no issue >> but they're not going to stay closed at one forever. I mean, we don't know. I don't know what the commission's plans
to do, but >> Yeah. I'm I'm asking you, can we do it like fair? Because you you you want to be fair last time on Lup. Let's do fair and everybody close at one. >> Well, technically, sir, you don't know that that person was in any of the places. >> No, every driving around and had pulled
over. >> Uh could be, but but I'm saying that people coming out from Las Vegas at that time. And the other video I walked in front of the in front of the Las Vegas and they were dancing and shout and dancing in the street not the car the other video if
>> okay so that's outside Las Vegas door there's no doubt they were guest or customers of Las Vegas and coming out no doubt >> this is but this is precisely why I said to the commission and I said it on the record last week that why I was against
uh rolling back Lupita's hours last week because and again this isn't I don't want to mistake like my position and and how I'm addressing you as if like I take issue with what you're bringing forward. I appreciate what you're doing because it allows the commission to make we're
not out there. You are right. Exactly. And and this is your neighborhood and we want you to make sure that you have uh peaceful and quiet enjoyment of the house that you pay for. Thank you. You have every right to do that. There's a there's a problem on this street. But what I was trying to make the point at the last hearing and I'm now it's
abundantly clear to me now is that we now for the last 30 days rolled back one business and now you're coming with four or five videos from another business that you were confident that there was no problems coming from. This was
exactly why I did not support rolling back Lupita's hours last week. Because when you have two businesses that offer the same thing that let out the at the same time that essentially attract the same type of people, you cannot unfairly
point to one business over the other and say they're the problems. No, no, no. They've been there for years. They're not the problem. I have four videos here with loud music that has Las Vegas December 13th. loud music after 2 am with uh patrons outside dancing on the
corners as you say. So the the the problem is not this one business. the problem, maybe a collection of the businesses, and maybe the solution is shutting everybody down on Shirley Avenue um at 1 1:00 a.m. Um, you know, maybe that's the solution, but
I do know uh that it's unfair to to do it to one business and not address the other ones, which is why Las Vegas will have their opportunity in hearing um good in a few minutes. at example like mathematic you close one now and there there is the problem if it is still on
it's from the other part so you can't so by closing one part one one nightclub >> when this the news the noise is still on definitely it's from the other one >> we're just moving the problem around it >> all right so if we were to close Las
Vegas at 1:00 they'll move up the street to the other place >> right around the corner to to the the col um what's it called? The Colombian spot right around the corner. >> So, I mean, we have to figure out a way to deal with it where we're not punishing one place for everybody else's
sins. And that's what we're trying to do. >> I appreciate that. But I I I would like to call it anything not punishing because it's not punishing. It just making them follow the rules and respect the neighbors. >> Well, the rules are 2:00 they can they have a 2:00 license so that they can
serve up until 1:30. >> Okay. We rolled them back because we felt that you had a valid complaint. >> Thank you. >> And so we dealt with that complaint. >> But now you're coming here saying, "Well, that's not really the complaint because we have this other place that is
now everybody's gravitated there. So you have basically the same problem. >> We just we fix the problem. Now it's your rule. Now it's your decision to fix the rest of it.
>> Well, that there is there are a couple different ways we can go about fixing it. Okay. >> We could have a collective. We have we do have a bunch of the bars here now where we kind of formulate a plan where all of the places kind of get together
to broom people out and move them along. If everybody were to act in in concert and would act together to clear out the people in front of their places, then maybe you're the boss, you do it. If if it works, fine. If it's no issue, no
shouting, no dancing, no fight. >> Yeah. I mean, but I I can't do that unilaterally. We have to have the agreement of the commission and also uh some of the the bar owners to to kind of sign on to it. I I honestly I said before it's not
personal. I feel sorry for them. I wish that they do a good business, but also I want to go to sleep early so I wake up early, go to work, you know. I don't want to lose my life so they can make more money. >> Right. And and we don't want to lose sight of that because I think that that that's that's that's at the at the for
that's at the front of of everyone that's up here. Um you know, we're really concerned about the neighborhood. Unfortunately, it's in a neighborhood that's that's changing and, you know, in terms of the the the the businesses that have come into Shirley Avenue and and the the the type of interest that it
draws, right? Um but I also caution the commission that we um do not get into an area where we're sitting here uh in this particular subsect of Ravier uh saying look these businesses will not have the
same advantages as these other businesses that have across Rivier where everyone is shutting down at two o'clock but uh because you decided to open up your business on Shirley, you know, you're gonna have to shut down at two. So we have I mean at one o'clock. So, we have to, you know, be able to
consistently apply a rule across the board. um not only to Shirley Avenue, but it has to apply to everybody, you know, and if we if we decide to do um you know, roll back everybody's hours, because I I don't I don't necessarily think it would be fair uh to these
business owners, say just because you decided to open up your your business in this particular area that um that you have to uh be unfairly disadvantaged while other businesses across get to um you know, reap the fruits of being in
their location and stay open till 2:00. >> Yeah. But some nightclub in Wonderland, there's no houses next to it. They can open at the 2 3 by the nightclub. The nightclub in Wonderland has ex has a a bunch of uh buildings and apartmentses,
including my own that I live in, and I'm constantly complaining about the noise that comes out of it. That's another story. >> Oh, okay. >> So, that's not true. So they every every part and subsection of have its own issues that we're we're trying to address. But I think the the the what I'm trying to establish here and again
it's not you. I I appreciate you. It's not you but I want to make it clear that it has to be fair and it has to be consistently applied across river. Um, and it can't just be, and again, I did I wasn't in for in favor of it when it
happened to Lupita a month ago, and I'm certainly not going to be in favor of it going forward if it's only being Lupita's uh being addressed. Uh, and I'm saying this completely unbiasedly like I, you know, it has to be applied across board and we have to find a solution,
uh, across the board that's consistent that applies to everybody. >> Okay. And just the conclusion that there's no issue from Lupas now by closing at 1 2 1:00 the issue with Las Vegas because they still running the business until 2:00. That's my final
statement. All right. I hope that you can thank you very much. >> Thank you so much. >> We appreciate you coming up. Is there anybody else that would like to speak on behalf of >> uh anything to do with this hearing? your name and address for the record please ma'am.
>> Yeah. My name is Han Fali Zatri. I live in 112 Charlie apartment 3 in River right close to the >> Yes. And and what would you like to say? >> Yeah. Actually I live in the building since like more
than 20 years. I know that um their business there being like I um the noise coming it's it's really loud you know since maybe since I live since 2010 we've been complaining
the music the fighting many times the police came there been like uh I remember one time it's been like shooting there in right cross we know where I leave. So, uh, we're my husband,
he talked to the the owner just, you know, just to to clarify that, uh, that, um, we have a kids, we have old people who live with uh, sometimes, you know, especially in
the the summer times, you have, you know, the the people really drunk. They they came close to where they live. They threw up there. They they pee there. So you can heard you know a lot
of bad words. We cannot open the windows at sometime they fight with you know whatever you see the fighting we call the police many times. The time when Lita opened the same thing the fighting the the music it's so loud.
So um now we can say we we're okay now we can sleep. Okay. But you know this still you know the music still so loud with the with their business that's all I can say just we need you know
>> so this now Lupita wasn't around 10 years ago so this thing has been going on long before Lupita or any of the the other places really. >> Yeah. Yes sir. >> Okay. All right. Well thank you very
much for that. I appreciate your input. Thank you very much. >> Uh, does anybody else like to have anything to say regarding this hearing? >> Your name and address for the record, please, sir. >> Hi, it's Nar Zadri, uh, 112 Shelly
Avenue, uh, River, Massachusetts. >> Yes, sir. >> Uh, good afternoon. Um, so yeah, there's just been like, you know, a lot of noise. Uh, I did notice, um, that Lupas have been closing at 1:00. Um, but again
that that they're doing a great job on that. You know, I don't have any complaints on it. I personally like my in my room I on the window side so I get to see, you know what I mean? See act action or see whatever it goes down. Um,
and if I'm correct, I think the video that he was talking about, the loud music, I do remember that happening. I do remember looking out the window during that time. I want to confirm if it's the right car. It was like a yellow or something like Audi. >> It was a yellow car. It's like a dark color.
>> Yeah. Yeah. And it has a little thing on top. Yes. Okay. So, yeah, I do remember that incident. Um and actually that guy, he is a person, he comes there like every weekend. Um I do see him. Um a couple things like you know sometimes I
personally like to watch out my window just to see you know um Right. Exactly. And you know, police have talked to him before. Um, I think a couple weeks ago, couple weeks back, you know, he was at that location or uh whichever, I can't
tell you to be exact, but he has came out. He started arguing with a guy. Luckily, there was police around and they did stop the the argument or what was ever happening. Um, but the guy was clearly very very intoxicated and he
tried to get in his car. Luckily again, police were there. So they told him that he cannot go into the car. So he walked off. Um I'd say maybe 20 minutes later, police left. He came back and he took the car, drove. And I think that's very
dangerous for at least our city, our state, you know, like we have again um veterans right next door. We have children. You know, you never know who could be outside or who was around that time. And for again a very intoxicated person to be going around the street
it's it's not or driving it's not safe. Um and yeah that's uh that's my comment. I think um Lakers I personally am a bartender and I can tell when somebody
is over or is enough. You know you you got to cut off some people at moments and personally say okay this guy is done no more. And some of these people that come out, they look like they've been had a little bit too much over than what they could handle. So, they come out and
that's why that's when they get rowdy and you see all this type of different things. And I don't think that is um appropriate or legal. I I'm not sure again, but um you know, like you can't over serve somebody to their to their
limits. I don't think it's safe, especially, you know, as a as a bartender, you should be more careful around how much liquor you are handing off to people. Um, that is that would be my statement. Thank you. >> Okay. Thank you very much for your
input, sir. We appreciate it. Uh, does anybody else want to make any comments on this uh this part of the hearing? Okay. We are going to um close the lupita section for the time being. and hear from the people at Las Vegas.
If you'd come up, please. >> Hi, my name is Claudia Isabelle Cabrera. I'm the manager at Las Vegas. >> Uh, thank you very much for um for coming here today. Um, you've heard what people are saying.
What um what can we do to to um mitigate some of this stuff? How can we how can we fix it in your opinion? >> Um I don't know. I feel like we are trying
our hardest right now with um to keep everything, you know, as quiet as we can. >> Can you tell us some of the things you've been doing? Um, in terms of for example, um, the music level, we don't have speakers that are so big, like our speakers are very small. We only have
one in the corner. It's usually just music like that people like to hear while they're um at the establishment. Um, oh, sorry. >> I'm sorry. Go ahead. >> Okay. Um, so I that's kind of the the
main issue that I'm hearing is the the noise and the the loudness in terms of when um people are leaving the establishment. Um, we are, you know, abiding by the rules of last call being 1 half hour before closing and music is
being shut off at 1:00 a.m. as well. Um, in terms of, you know, people waiting for Ubers, our clientele is like much older people. um people that live around the area, so they're not really driving or also waiting for Ubers. They're kind
of walking home. Um in terms of that, we really don't have a way of, you know, telling people to walk home because, you know, that's kind of what they're going to do on their own anyways. In terms of the Ubers and stuff like that, we are
trying to work with, you know, the customers that we already know are regulars that do use Uber. we are, you know, reminding them like this is a good time to call. So, kind of like even having our waitresses remind the customers. That's kind of what we've been doing. And
>> what time do you shut off the music? >> 1:00 a.m. >> And what time do you give last call? >> 1:30. It's 1 half hour before closing. >> And are you What time do you settle up credit card? Usually we're trying right
now to um tr like we have we bought more terminals for credit card uses. So we're trying to make sure that we're having people you know when the music stops just start distributing bills that way we can get you know not everyone at once
trying to pay but you know people who are finishing up starting to pay first. And how do you feel about working with say Lupas as far as keeping people moving on the sidewalk and having people move along? Is that something that
>> you can foresee working or? >> My only concern would be just the size difference in both establishments. I feel like um just a reminder, we're only 40 capacity, so it's very small compared to a 120 capacity restaurant. Um, so we're just trying to make sure that we
keep in mind that our, you know, our profit margins might not be the same depending on like the size of the establishment. So we don't want to, you know, already it's a tough economy. We don't want to be um bleeding more money. >> How would it how would it affect you if you if you were had to shut down at
1:00? >> Um, how would it affect us? >> Oh, I I imagine, you know, people are going to want to go to another establishment that they already know are going to be closing at 2. So, it's kind of be pulling business away from our establishment.
>> Is that is that what you were asking? >> Yes. So, I mean, there's a trade-off here. >> Yeah. >> If we can't deal with the noise section, >> okay, >> then we're going to be forced to take other action which could result in a lessening of your hours. >> Okay. >> So, you'd be impacted that way. Mhm.
>> So, uh it may be beneficial for you to think about an extra security person or at least directing your security person to the sidewalk to move people along. >> Okay, that's a good idea. And I believe Oh,
>> sorry. Just if I may, um my name is Dante Monopani. This is my wife Claudia. I live at 170 Charger Street as well. Just picking off of what the gentleman said earlier. He actually and we have no affiliation. and I don't even know the gentleman's name, but he actually physically seen our security actually
pushing people along the sidewalk and telling them to move. So, we are actually making a an effort currently to get that kind of situated. >> Well, I did notice on the video that you sent the security out to move to move that guy in the car along >> in the car too as well. >> So, I mean
>> it it's actively we are actively trying about that kind of stuff. >> Yes, definitely. Because I think, you know, you have to understand that the neighbors and the neighborhood um they have a right to sleep. >> Absolutely. Yeah.
>> And so whatever you can do to facilitate that, to help that to happen, is only going to serve your interests because if the people aren't here complaining, then you are able to do what it is that you you need to do.
>> Absolutely. and we are sympathetic. Uh we um and the woman said earlier, she has children and stuff and there's all and there's elder people on the street as well. Uh we actually just had a son, so we know the noises outside, what it can do and what it does do to the house. We we struggle with it and we live just in a bunch of houses. So we are
sympathetic with the surrounding uh community. We don't want that to go. >> Did you Did you folks have a problem at with a 2 a.m. closing? Did the police come in and see people in there drinking after 2:00? So, so there was one incident. I was not working that night.
My father was. Um, and he's unfortunately not here right now. Um, so I don't have a lot of details on what happened that night, but um, I did spoke to him earlier today to kind of get the story. And he did mention that he did show the sergeant the time and it said
202. It was a credit card terminal issue. That's why we added three other ones. Um, so we learned from our mistake that day. Uh, Lieutenant, do you have anything that uh you'd like to add to this?
>> Uh, it's 40 people it holds. >> Yeah. >> It just seems to me that if um Lupita is closing at one and I understand some of their clientele may be headed over to your your destination, but it can only hold so many anyways. So, I can't imagine it's going to be that much of I
should say that big of a uh a big of an issue. Um, if Lupita closes, that crowd is typically gone. There may be a few stragglers that go to your place, but the crowd itself is typically gone at 1. I can't imagine closing l uh Vegas at 1
would actually help because you'd have just a bigger crowd >> at one. Yeah, >> at one. The same issue. >> Is officer Fantasia here? >> He is. He's in the back. >> Yes. Officer, can you explain the
>> situation at Las Vegas from your perspective? >> Yeah. Do you want me to go over both the establishments at the same time? So, understandably, we understand that it's it's a crowded neighborhood, houses, dwellings, all that stuff. The major issue is is that they all come out at
the same time and most of the businesses are cooperative. The issue we see with Las Vegas is a lot of times they shut the blinds to the business. So, we drive by and we need to see in. spoke to I believe the is that your dad the the owner one of the owners about addressing
this issue if my guys are driving by patrol-wise we can't check every building with all these people out we drive by the blinds are closed so that's kind of been an issue that we've talked about and then the nights in question about they've had people in there past 2:00 it's documented with at least one report from this year in in the past the
other issue is every time we go in there and we ask like why are there so many people in here we get the same answer every time everybody works here >> so it's like I don't really know who works there and who doesn't work there. So, I don't get a definitive answer of like we understand that if their employees in there, they're going to be
in there after 2:00. That's understandable and by the bylaws it's fine, but I'm not getting a definitive answer. So, that's the two issues there. Like, who actually works here? Leave the blinds open so we can drive by and see. >> Were you the officer I was talking to outside of Lumia? Oh, okay. Yeah, that
was okay. So we, like I said, so my my shift works from 9:00 p.m. to 7:00 a.m. >> Yep. We typically go around to all the establishments u mostly in that area. The ones on the west side we do as well, but it's a different group of guys. >> And I recall vividly from our conversations when we were standing
outside of Lumius and they, you know, when you were dealing with whatever you was dealing with there, um you told me that you typically uh make the rounds. In your opinion, officer, you're on the ground, you see it, you get called to these locations all the time. And just specifically speaking about um um
Shirley Avenue, the the the bars and the the lounges that they have there, what do you what do you think would be good solution here? Because if you close at one, you might have the same issue that you have at >> We've talked about it on our side and how to enforce things too, right? One, everybody's leaving at the same time. So
you have Leitas, Las Vegas, Foss, I excuse my remembrance of the name, but the Colombian spot up the further of the street. Everybody's out at 2:00. Everybody tries to kind of make their way towards the end of Shirley. So everybody's in intermingling together. Um there's really not in my mind a
solution. It it even if we do it at 1:00, the noise is going to be at 1:00. It's if we do it at 10:00, the noise is going to be at 10:00. And like I said earlier when we spoke like Leitas, they've been working with us. They they helped with the front door issue with the music. He turns it down. He has a
detail they're trying. These guys work with us as well, but there's some miscommunication again about who's working there. Don't shut the blinds. I've talked to the security guard about that. Um, overall, I don't have a good answer for the commission on how to handle that problem because it's just you have a residential neighborhood now
with active businesses that are staying open with liquor licenses until 2 a.m. So, a solution, I I really don't have a solution. The other issue is that public transportation at that time is closed. So, everybody does take Ubers, which we love to see. We don't want people driving. So now we're not going to yell
at people to get off the sidewalk and hey, keep moving. If they're like, "Hey, I'm waiting for my Uber." So I do know that our detail officers that work Leitas will go up to people and be like, "Hey, do you have an Uber coming? Show us." So if they're waiting for an Uber, we're not going to keep pushing them further down into other people's homes and other neighborhoods because there's
no real, you know, this might not be an issue down the beach where we can push them out on the beach. There's not really houses around in certain neighborhoods, but most, like you said earlier, most of the business we have are going to be around some type of residential. whether it's the apartments behind Oceanside or the apartments right next to Luminina, like it's going to
happen no matter where we go. So, I really don't have a a clear answer for that. >> Do you think um do you Let me ask you a question. When when you detail officers are there um and you obviously can chime in on this uh what what what's their role? What like what do they what's
their purpose of being there from your perspective? >> Yeah. So, one it's the enforcement, right? making sure crowd control, making sure that they're not at capacity or over capacity, making sure one, we do that. Two, we're making sure that they're doing the proper things like checking IDs. Um certain businesses
either check at the door or they're checking at the bar, we're we're there for that. We're also there to assist security. So, security's job is really to deal with issues that come up, but when it gets to the point where it's a physical altercation or something that they can't handle, the police will step in. We don't want to see security
personnel going hands-on with people or having to deal with people physically. So, we're there for that as well. We're also there to make sure that everybody's out at 2:00. So, for example, if the detail officer is at Lupita, they might be inside with the management helping them get everybody out and then they're going out to the sidewalk. So, it could
be about 15 minutes before they get out to the sidewalk to help with that problem. So, we go from one problem to the other. But overall, let's uh Lieutenant Mley has anything else, but mostly enforce code capacities and to make sure that there's no physical altercations.
>> Yes. I mean, uh, typically, like you said, we assist security, uh, when they're out in the sidewalk. We want to make sure no one's intoxicated getting inside vehicles, that type of thing. Um, because security can't really do much about what happens out in the public streets or sidewalks. That's really our domain. As far as IDs and stuff like
that, we don't typically check them, but we assist them if they have a question. If there's one that looks like it's fraudulent or something like that, um, we do what we can inside, but inside typically is more um, it's more relegated to security itself cuz it is private property and it's it's there. You know, we're not going to check their
bathrooms. We're not going to do that type of stuff. If there's a fight, we deal with the fight. >> Obviously, what I'm gathering, it sounds like the detail officer typically handles, you know, anything that's going on the outside. And I feel like I remember vividly from our conversation you said usually you have most of all
your cars are down on >> so that's one of the major issues for us right so if and this isn't just on these two businesses I'm talking openly about the 2:00 licenses in general if we have every establishment open uh like Oceanside and all that other stuff and we have say seven to eight sector cars
and there's an issue at two of them without detail offices at the other one it kind of ties up like that night we had an issue it tied up majority majority of the police officers working in the city at that time, >> right? >> So, as the sergeant, I have to make sure I have guys that can field calls and answer calls for service as well as
dealing with I forget the number now. There's well over six or seven 2:00 licenses that we're dealing with um making sure that people aren't out on the street intoxicated getting into vehicles and crowd control in general. >> And when the detail officer is requested, this is my last question. When the detail officer is requested, is
there a minimum amount of hours that they have to be there or is it a certain amount of times? Uh typically it's 4 hours kind of that's the building is typically four hours. So they'll do 11 to three because our shifts typically uh break up at that point. So >> and we want to stick around till
afterwards at least for a half hour or so anyways just to make sure everything is good. >> All right. Thank you very much. Sergeant, >> anything else on the other businesses or just this for now? >> Just for right now. We may we may have you back again if you're going to be around. >> Uh do you need you need some?
>> Um no. I can stay for a little bit while longa. No problem. >> We I I definitely want you to be here for uh Lumia if even if we have to call them out of order. >> Okay. >> Okay. Thank you. Um Las Vegas, if you'd
step to the podium, please. How many people do you uh how many employees do you have on a given night? Um it usually depends. Um Thursday, Friday, Saturday, Sunday, Monday through
Wednesday, it's only um the waitress, the bartender, um the cook, the helper, and then it would be one of the managers. >> So, we're talking about five people. >> Yeah. And then on the weekends, it might double depending on like if we are
seeing that, you know, wait maybe a waitress has to leave early, then we kind of like stagger them. So we always have people ready to help. >> Your place holds 40 people. >> Yeah. So like >> you'd have 10 employees. >> No, no, no. I'm saying um like the
number of waitresses um the cook and the helper upstairs wouldn't double. So it would be like two more on top of that. >> Okay. So seven. >> Yeah. So, if the police go in, >> but also are you going to include like
security and stuff because then that would be like too >> Well, I'm I'm asking for employees. So, if the police go in there and they see 15 people in there, they know that they're not all employees. >> Mhm. Um maybe
I can have like the waitresses wear like a name tag or something. That way like police can identify who is like a waitress easier. Uniform. I don't know if I can enforce because you know >> Well, I mean Oh, here's one thing you're going to have to enforce is to get people out of there by 2:00.
>> Oh, absolutely. Yes, we are. We are trying to proactively do that. Um I'm trying to figure out a solution to the the the officer said that he doesn't know sometimes how many employees are in there. That's kind of what I'm catching on. >> Yeah. And he also uh indicated that he
needs the >> the blinds open. >> The blinds open. >> That's an that's an easy fix. Yeah. We can just let them know to keep the blinds open. You don't have a requirement to have a detail officer, correct? >> Excuse me. >> We don't like We haven't ever asked you to have a detail officer present at your establishment.
>> No. >> Okay. Um my last question to you is have has there ever been an occasion where you had an issue in your place and you called you called over to uh Lupus to help for assistance whether it's for security or to have a detail officer go over?
>> I personally have not done that. No. >> I'm asking you're representing your business on behalf of your business. Are you aware of any the cases? >> Not not that I not that I am aware of now. >> Okay. No, no altercations inside where you had to get extra security to come over from Lup. >> Not that I am aware of now.
>> So I I mean um I think we'll I mean we're we're done with that. Right. >> Pardon me. >> Any more questions for them? >> No, I don't have any other questions. Thank you very much. >> You have a seat. Um so you know I'm thinking and I'll say this on the record. I think that we need to have a requirement um of detail officers where
whether it's paid jointly by the both businesses um they need more detail officers to help with that flow on the outside. You know, it's clear to me that whether you're closing these businesses down at 1 or 2:00, you're still going to
have the same issue. If if if we came here today and there was absolutely no disturbance issues whatsoever between the last hearing in November to now, then we can confidently say we've identified the problem and unfortunately Lupita has to stay closed at one.
However, here we are today um and um as represented by the neighborhood um the gentleman in the neighborhood that they're they're gravitating to Las Vegas or essentially the problem has persisted um because uh you know we have a business that's still closing it too but
it's the same issue and I personally think that it the hour doesn't change anything. It's it's the enforcement on the outside that needs to change because I think that River PD can have extra people take the shift. It it will take it won't take away from their sector
cars if if an officer is coming in for a detail, right? It's not that he's already on shift. He's he's specifically coming in to do an extra detail. >> Exactly. Yeah. He's getting paid extra. >> Exactly. So, so we're essentially identifying the officer uh lieutenants
sergeant, sorry, sergeants um concern that when they have these issues, right, they're all of these cars are going down and it's taking away from other needs that they have to address on the cities. We have to put more detail. We have to put detail officers. I'm not in favor of shutting people down at 2 o'clock, at
one o'clock. It's not going to solve the problem. We need to have officers outside these businesses. There's a presence there that's being paid for by the businesses. to help address the concerns of the neighborhood. I think that's the solution. >> That's certainly one of them.
>> But at that, you said that 1:00 was fine, correct? You as a neighbor, you said I don't want to put all the blame on Lupita. Okay. But you were saying that it was more quiet this time when Lupita was closing at one.
>> Absolutely. Yes. That like 50 60% of the problem fixed. feeling better about that. >> Absolutely. Right. >> Now you're saying it's a 70 30%. >> Yes. So we get rid of the 70. So we need to come down the 30 and will be fair. >> So I mean we've been dealing with this issue for
>> and we had duty officer in the last year and he was not uh um capable of fixing the problem. Again, the problem in the street, not inside the bar, not inside Las Vegas with the curtain is closed or or the small speaker and very light
music. The problem outside, I don't mind. They make whatever they want inside, business, dancing, alcohol. I don't mind being aware that, you know, these places are opening like till late. Um like like I say, I'm going to repeat this again because I feel that we've
been very harsh with Lupas. Okay. Um, but you know, it's a business that's running at these hours of the of of the day. So, >> I feel like we need to do something. But me personally, I don't know what my fellow commissioners are going to think.
And uh I mean, I want to support the local businesses, but I also see what you're saying as neighbors. you know, it's it's the only street that I see that the neighbors are not happy uh you know, with these restaurants being open and the loud music um at this time. So,
um >> I don't I need to talk to my fellow commissioners before I say something else. >> Put it on the record. >> Put it on the record. Yeah. >> You got to say it on the record. That's it. >> So, your opinion is My opinion, okay, um
would be to unfortunately we rarely ever hear from vows. We rarely ever hear from Lasicius. If we only close Las Vegas and Lupas at 1:00 in the morning, we're going to be running with the same issue where like you know these people that came to Las Vegas are going to go to Vos
or going to go to Las. >> So to me, okay, this is my my opinion. Um I would like to give it a try and see how it would go. Closing all these four restaurants at one in the morning. >> Good. We can meet again in a month and then we'll see what will happen in I think
>> and in the meantime also giving the restaurants a chance for these four restaurants to talk it over and you know see what type of solution they all forget. >> They all >> what four we talking about? >> We're talking about Valsos. We're talking about Las Vegas, La Deisas and Lupas.
>> Vos is an open too. So I well I think so just like we we we brought in Las Vegas I you know if we're going to if we're going to make a decision that's going to drastically affect their business by shutting down early and rolling back hours. They have to be brought in. They have to have
there's a level of due process that we have to afford them. We can't just like uh suante as they say in Latin, you know, and make a decision without, you know, going through the proper channels. We'll we'll be creating our own issues there. So, but
>> but this is my >> we got to bring them in. >> Yeah. So, we we got to bring them in or in the meantime, you know, you these four restaurants could talk about it because it's not going to happen next month because obviously, you know, we're going to keep on having the same situation. We've been having it for months.
>> Exactly. So, um, maybe, you know, these four restaurants could talk it over, have a plan, and then next time on the next hearing, we could have this resolved. Good. Well, I mean, there's another school of thought that we allow we allow them to keep the
licenses as they are with a 2 a.m. close and have them hire a detail collectively on the street to monitor and keep the noise down and move people along. Uh,
Lieutenant, what is your your feeling on something like that? Uh last time we discussed a couple of different things. The detail was one of them. Uh we also talked about having announcements made and having some of the crowd move to a back parking lot. I don't know if any of that's been done uh like a combination
of things to maybe break it up a little bit. Um it it does seem from what I understand that at 1:00 the crowd part of it may go over to Las Vegas, but it's not a big part of it because it's a small place. Um the detail would do it, but it would probably be a significant
cost to Las Vegas. Um, I it's a small it's a small business, you know what I mean? So, we don't want to we don't want to hurt them that way. >> Well, they don't they don't they don't have one now. I I I I So, just piggying back off of the chairman's
uh school of thought here. I I would I would propose um you know, putting them everyone back at 2:00. I don't think we haven't heard any issues consistently coming out of Las Vegas to roll them back. I don't
think that's fair either. But I also don't think that is fair to continue to roll back Lupas. So, we have to have a balance here. Put them back at two, but require Lupas to have two detail officers as opposed to the one that they have now and require Las Vegas to have
one detail officer and see how that works because we have at least three down there, maybe even four. I doubt I I I strongly doubt that someone's going to come down Shirley Avenue, park in front of this gentleman's house and blast the music when they have officers standing outside
these businesses. I I just I just can't see it, you know. And it might come at a cost to Las Vegas, you know, and I understand that, you know, Lupas may have to suffer the brunt of the cost because they're a bigger establishment.
But how do we how do we how can we justify punishing Las Vegas? This is the first time I've been on this commission since the pandemic. This is the first time Las Vegas has been in front of this commission as far. >> Since Yeah. Since at least 2022.
So rolling back their hours, >> I don't necessarily think that's fair, >> but we have to find a solution >> because if not, we're going to keep on coming back. You know, >> the solution is in their pockets. Require them to have a detail. >> Can I say something? >> What's What's the cost of a 4hour detail
for a liquor detail like that? >> Uh it's $280 plus a 10% fee. So it's over $300. That's just $300. One officer for one officer. Yeah. So, >> so if we were to have an officer and require, you know, twothirds to be paid
by, well, we can't require anything, but if they were to come up with an agreement where Lupus would pay 2/3 of it and Las Vegas would pay a third of it, we might be able to get a an officer out there for four hours during the peak
period. >> Well, they already pay for one. >> Literally paid for one, so I I you know, that would This would be more of a directed on the street guy as opposed to someone inside the establishment. >> Saying have a guard like have a guard
sorry have an officer designated essentially outside. >> Yes. And whether he's in a in a car or he's in he he's on foot. He is visible presence. There's a substation right there. >> I mean even if we were to
>> see about manning something like that. >> Excuse me. I made a mistake on the math. Uh the bar details are charged at time and a half. Um so it's significantly more. It >> how much? How much? >> So instead of 70 an hour, it's it's probably 135 an hour. So we're looking
at well over $400. >> 400. Okay. >> $462 to be exact. >> $462. >> Yes, sir. >> Is that >> You got to come to the mic. And would that cost be nightly?
>> It would be Friday and Saturday. >> Friday and Saturday at least. I just if if I could push back on that, I would just say um I know this gentleman said that after the the roll back went on Lupita that almost 60% of the issues went down. I don't know if and this this
is just uh spitballing almost if we have to if it if it would be fair for us to hire this the same cost of a of a detail when we don't have the same amount as issues that would that would need a detail if that makes sense. We would almost we
would almost be hemorrhaging money in a way when we don't need that much of of an enforcer. And I want to say I mean we barely have any complaints from Las Vegas. The last time you guys were here were in 2022 and the you know the last report was what in
July because of you guys staying later than 2:00 a.m. Correct. But that's like one report >> and that's and and that that's just why I don't deem that as at least in my opinion I don't deem that >> that's why I'm saying and >> that's not telling well to me like you
guys as neighbors like sitting down and saying well this is a situation either we you know figure something out or you know our hours are going to get cut. So, so here here's here's I agree with you that you know um but there's still
there's still an issue on your street. There's still an issue between these two businesses and there has to be a solution even if it's temporary and to give you and um the other business uh Lupita is an opportunity for you guys to figure out how you're going to address it because even if it's a temporary hit
to their pockets, it's not a permanent solution. I think that there should be a requirement. I was going to propose um requiring two detailed officers at Lupas, let them stay open till two two detailed officers at Lupas, one detail officer at uh Las Vegas, and then for
the next 30 days, and then they come back in January, I would ask the neighborhood to come back and see if what the issues. If they come back and say there's zero problems, then we found the solution. If they come back and the problem persists, then we got to roll back hours. But I think that the two
business owners need to come together and figure out how to address this problem in the neighborhood. The businesses aren't leaving and the the neighbors sure ain't leaving. >> No, I would I would tend to agree with you. Sergeant, do you have something that you wanted to add here? >> Yeah, I just wanted to add one thing. You had mentioned it before, right? Um I
personally worked the detail at Leitas. I personally down there pretty much four days a week at closing time whether it's on duty or on a detail down there. There has been numerous times and it's not documented because it's not a report type issue for us. It's numerous times including myself that has failed at an
issue at Las Vegas whether it was just a drunk customer that was intoxicated and we're standing out front and the security guard's having a little bit of a verbal conf like confrontation and we walk over and we've now fixed that problem. It doesn't it doesn't exceed to the point of a police report or even a
log entry on our behalf, but there have been numerous times where we've helped out their security and I know for a fact that Leita security has helped out their security as well. So, I think that you guys are kind of on the right page. I think that having someone designated
down there could definitely help, but again, there's only 40 people coming out of their business. But I just want to make it known that there has been several occasions that I've personally dealt with where their security had needed assistance and we were there to help, but it was on we were working for Leitas, if that even makes sense. Right.
That's what I heard. >> Once 2:00 comes, we do you'll see you can watch videos. There'll be five or six police officers down there with myself clearing people along. Whether they come from Leas or Las Vegas, we don't care. But that detail officer that's working at Leidas is helping out
every one of the other buildings. So whether they're helping out vasos, which we don't really have an issue with, they seem to close early, whether it's people coming down from the Colombian restaurant nightclub, >> we're dealing with all of it. So they do have that detail and it's the only detail on Shirley F. So they do help out
with numerous problems throughout that street that may not the detail may not come from Leita's establishment. So, I just want to make that clear that >> do you think do you think that the um logistically that the idea of having a
communal detail has merit and is something that is workable? >> I I do I don't know logistics wise how that would work as far as like billing and all that stuff that's way above my pay grade. But if they come up with the solution, having a detail officer and having like a marked cruiser out front
for those closing hours could could potentially help, right? that person's going to be there specifically. Remember the the officer that's in Leas is also helping his guys. We work very well with their security getting people out, right? So, they're inside the b the business helping them get out, making
sure no one's drinking after 1:30. They can't be in two places at once. So, I think that that might help out both businesses by having a designated officer on the street. That's a paid detail. >> Okay. Thank you very much, sir. >> Absolutely. I actually want to take back Valsos and uh Delicia. Now that I think
about it, we rarely ever hear from them. No reports or anything. >> Can I counselor? >> Can I say something before I >> Yes. >> Thank you. I just want to you suggest that we can try for a month everybody 1:00 and see how noise without paying
detail officer and save their time at their money. We can try it for one month for 1:00 everybody and see how it goes. like you suggested in the beginning, but now you want to do you try again 2:00 and hire another detail officer, which
we had like last two. >> I mean, it just feel like everything we're talking here is, you know, in an effort to like make you guys happy as neighbors, help the businesses out, too. So, we have to give it a try, too. Okay, fine. Let's give it try and see. Thank you. >> Okay. Thank you, sir.
>> Counselor, if you would please, one moment. You've heard the discussion. you see where we're going here. Uh can I get your client's opinion on uh this type of an arrangement and how this would look for him?
>> So, thank you, Mr. Chairman, for the opportunity. So, I I've listened to um some of the grievances that have been addressed to the to the commission and I think I I keyed in on one phrase and the gentleman said, "The problem's not inside, the problem's outside." Well, we
get that. And um I I suppose, you know, as as the sergeant had had indicated, if you're inside and you're trying to get people out and you're trying to make sure that they're in an orderly manner, they're not taking the booze out of the out of the establishment, they're not trying to
uh uh to linger beyond the 2:00 and that detail officer is inside. Um that is the person along with the security. We do have one we do have security civilian security. So we essentially have two people who are working on that Friday
and Saturday night doing um not necessarily our law enforcement but crowd control and keeping things orderly to to necessitate order a second detail at $400 and something dollars more um on
to be born by lupitas might be a little bit ownorous and it could be punitive and and I and I understand that What has to happen is that some order needs to be maintained outside. Has Lupita's given the evidence that I've heard today
committed or allowed to be committed a violation of the rules and regulations of the ABCC or the license commission or their license? No, they haven't. They are willing to cooperate and as the sergeant had indicated, they've always been cooperative and they've had uh cooperative sort of mutual aid, mutual
assistance to have our security go next door. And whether the no matter where they came from, whether they're on the sidewalk or they're causing a problem next door, they're going to be there to assist law enforcement. we're willing to sit down and talk to and I I noticed that there was a third
establishment on there that was named and um it seems to be in the in the neighborhood. Uh I I'm not really familiar with them. >> Um we're willing to sit down with with the with the management of of Las Vegas and their security and try to work
something out. I mean, we all have sufficient contact in law enforcement and I think uh Mr. Jim, you know, in in my former life, I worked all those details on Riviera Beach in the 70s. I know what it was like, and it's not easy. But we had the MDC and the state
police, too, to back us up for for for a time. We're I'm not for uh using up the resources of the onduty um you know shift officers to
take care of the problems of a private commercial establishment. But at some point when those people are no longer patrons of the establishment, now they're civilians out on on the the public way, whether they're moving along
fast enough down to Shirley Avenue. And as the gentleman indicated, I wouldn't be happy listening to that music blasting out of that car. I don't care if he was in front of my house, he was down the street, I could hear it all the way down here playing out out of out of the commissioner's laptop. That's not
something that's caused by either one of these um establishments. This is a crowd. It's a moving crowd. It's a moving party. We had that in the 70s. You've had it in the 80s. We've had it in the 90s. It never stops and it's never going to stop. If there are places
to serve food and and beverages and they play music and they're inviting in their atmosphere, people are going to go there. So, if they don't go here, they're going to go to somebody else's neighborhood. So when you put the put your thumb on that bubble, it's going to
come up somewhere else. And there are enough places around the corner around Shirley Avenue and I somebody made mention of a number. Um they're going to find it and they all seems seem to have the same genre um you know the same
food, the same kind of music. They're going they're going to be there and it's not the establishment's fault. if there can be something worked out and we'd worked out. I remember at the beginning with uh when Wonderland transitioned from an older crowd ballroom dancing
place to a more lively, energetic and maybe younger crowd, we had to come up with a pro with with a solution. And it was with the cooperation of the ownership and the management and the the the places around it who were also involved and did have liquor licenses.
and we hired uh we had consultants and we cooperated with law enforcement. It's not a it's not a difficult problem to solve, but it's a problem that is going to take some effort. And again, we're not for paying for two details. Not
that's just not financially feasible. But we do realize that we don't want to expend the the law enforcement uh time and power and effort to concentrate on one part of the city while the other city go part of
the city goes unprotected. So, you know, we're willing to do that. And so, I I think there's enough brain power and experience among those involved to come up with a solution. And if if not and we're trying to take that onus off of you because I know where I know where
you're sitting and it's it's not a difficult it's not an easy easy decision if we can take some of that away from you so we can take some of those factors out of the out of the problem. Yeah. We're we're willing to do it and make and give you a status report on it and
let you know what we're doing. So I I I think um being a little more participative uh on behalf of the lences and we do have that obligation as being licences we're happy to do it. >> Thank you counselor
well have any um any ideas? Excuse me. I want to add something. >> Sure. >> Yes sir. >> Hello. How you doing? My name is >> your name and address for the record please? >> Uh Lupus. I'm security head of security. >> Your name? >> Fernando Tvaris. >> Thank you.
>> Yeah. So, um, as head of security, we've been uh taking uh measurements to uh make sure. So, before since we were kind of wanting to get everyone out of there all at once, we noticed that that was causing um a little bit of a conjunction outside. So, now what we've been doing
is we've been letting people out in increments as they're leaving. We're letting them know that they can't hang out outside. You know, get whether your Uber is on the way. Um I let I asked them, is it almost here? So, as it's pulling up, I let them out. So, they're
kind of getting right in their Ubers already. Um also, we have three securities, me, myself, and two others, plus the detail. They do an excellent job in helping us. Um they actually go above and beyond. They they do go outside. They they walk the sidewalk. um
make sure that people aren't getting in their cars drunk um you know causing any type of disturbance outside. A few times I've seen people revving their cars they don't you know made the extra um um requirements like hey you know let's get out of here so on and so forth. Um I
just wanted to say that we're doing the best that we can to make sure that we're not here again. Um because we're all affected by this, especially um the ones that you know need to work, especially with the hours rolled back. um the
business has been completely like um sometimes I feel bad accepting my pay because I feel like I haven't done enough to to I you know that's on a on a side note but um just wanted to say that you know with getting the hours back I think we're going to be doing the most
that we can to make sure that we're not here again and it's not going to continue. Um and that's just pretty much on my behalf. >> Well, thank you very much for your input, sir. Um, and I I have to say I feel I feel that you know you've been
targeted in a way that really you you from what I understand and from what the the police are saying and from what we see in the neighborhood that you have been doing all you can do as far as
>> cooperating and and trying to make the situation better. Um, but as you can see, you do have neighbors that have a right to live in peace. And so, we have to figure
out a way to get this thing tamped down even further. So, I'm not sure what uh >> so I think it boils down to one of two things. We could either try rolling back businesses, these two businesses, well, they're already rolled back to 1 1 a.m.
and see what happens. if we have this issue for the next 30 days or require Las Vegas to also put a detail there accept the representation of the river PD that says that sometimes they're assisting Las Vegas as well. They have one, make them have one. Let's see what
happens in the next 30 days and if you know so I think those are the options that we have here. >> Would you propose to put Leas back to 2:00? Oh, certainly. If if if they would it would it would only be fair if if if we require Las Vegas to
have a detail. It would only be fair to put Las Vegas I mean uh Leas back to two and see if the additional presence of an officer there would help solve that issue. >> So both restaurants having a detail outside just taking care of
>> crowd. >> Just press the the mic please. It's just not feasible for us financially to to pay for a um a detail. Is there any way we can propose just rolling us back to 1:00? You can keep Lupitas at 2:00, but
financially just just from what I know we can do. We cannot we cannot. >> The Both of you will be rolled back to one. >> Excuse me. >> Both of you will be rolled back to one. No, I'm saying I'm saying like if you make the decision to have them go back
to 2:00 and and give them whatever um stipulations you want to give them, we are totally fine with that. But we want to propose maybe for you to roll back our hours to one, but we financially cannot pay for a detail. >> So So what what I'm saying is this, the
two options I think that it boils down to the businesses, and again, I hate rolling back hours. It's to me it's a form of punishment. But so the the two options we have in front of us would be to roll back both both businesses to one and to see if that would alleviate the
issue or require both businesses to have a detail. So if you're okay with being rolled back to one, then I think that would be the option for the next 30 days to see if that solves the problem. If we
come back here in 30 days and you know my fellow neighbors back there are still saying hey the noise is persisting then we have to take other measures. But I think that we need to at least see what effect it would have um if both
businesses were closing at the same time a little earlier um to see if that alleviates the noise issue. That was the option that um um the neighborhood proposed in the first place. So that I think that if if if Las Vegas is willing
to close at one, you know, without causing too much of a financial burden on both of the businesses by requiring additional details, I think that's what you initially suggested is the best solution >> for right now >> for the next 30 days. >> Yeah. >> So you want to put that in the form of a motion?
>> I'm sorry. Can you just repeat the what what the motion would be? >> The motion would be that we'd roll both >> both. >> Well, actually, they're already rolled to one. So the motion would be that you would be roll till 1:00. >> Yeah. >> Yeah. >> So, I would I would
>> I would move to roll back Las Vegas's hours >> to one 1:00 a.m. closing. Entertainment would stop by 12. Last call would be at 12:30 and everyone
off the premises by 1:00 a.m. And the same would apply, well, we would extend Lupita's roll back >> another 30 days. for another 30 days. >> Uh if I may, um the uh so I know the the the issue went
down significantly after the um the roll back on Lupita's. >> Um I'm just thinking how sorry lost my train of thought. Let me just think really fast. >> I hate to interject. I'll be honest with you. I think the hearing at this point is close. Um we gave everybody a fair
opportunity to speak. We're we're now uh putting forth um a decision by way of motion. It's really not um the space and opportunity to take further discussion on the matter. >> Can I say one last thing at least? >> The hearing is closed. >> Okay. >> The hearing is closed. So I appreciate I
appreciate you know you being here. So you can just shut that mic and um have a seat. Um respectfully respectfully respectfully. Um >> um so by way of motion, I I would I would I would roll back Las Vegas to
1:00 a.m. with the the normal standard um operating closing requirements that we typically put forth, which is entertainment stops at 12, last call by 12:30, as we do with all businesses, 30 minutes before closing
and an hour before closing. um and extend lupitas um for the next 30 days and see if that solves this issue and if it does then we'll take the appropriate action then that's my motion.
>> I'll second that. >> Okay. Uh well that motion will carry. So this hearing was closed just as a wrapup. We will both businesses will close at 1:00. Both uh will stop serving at 12:30.
Both will uh have everybody off the premises by 1:00 a.m. We'll try that for the next 30 days. At the next meeting, you guys can come back. We'll see how that work how that's been working out. >> And certainly encourage you to business
owners to come together and try to figure out a solution to address this issue in the neighborhood. I mean it may not be maybe maybe there is a solution where you can um work with lupus as far as div divvying up the cost of a detail
officer so you're not putting the whole thing on you. It's it's kind of a prorated thing where you know you only have a third of the people that he has. So maybe if you offered to pay a third of the detail and he were to pick up the other two/3s then you can get someone on
the street. Maybe we could try that for a period of time. I mean, we're we're willing to work with you. No one wants to to hurt the businesses, but by the same token, these folks deserve the right to live in peace. So, that's
that's it. >> All right. Thank you very much. This hearing's closed. Uh the next item on the agenda is uh item number five. >> Oh, we already did that one. We rolled them together. >> Yes. Number six.
>> Uh item number six, BK's Bar and Grill, 264 Ocean Avenue. >> Marilyn Sims is the manager. This is a hearing into disruption of the public safety and order, service of intoxicated patrons, violations of license closing
rules, and violation of on premise license law. >> Your name and address for the record, please. >> James, five Fremont Street, Winthre on behalf of the Lency and the assistant manager, Bob Kelly is here with me. >> Thank you very much. Uh, counselor, we
have similar situation. um that we've had uh with the what with the previous um establishments. And one of the problems I think with uh with
BK's is that you have two doors there. You only have one security person. People are leaving whatever door the security person's at, people are leaving the other door with alcohol. It's it's you know it's a problem where people
have been seen on the street drinking. The stuff comes out of BK's because the guy can't really control it. There's only one person. I was in there the night before um Thanksgiving and at 2:00
there was still 15 people in the place drinking. The security guy was trying to get people out but couldn't do it. Not enough. not enough uh I don't know if the word is muscle but not enough to get the people to leave
and it didn't seem as if there was a lot of control going on there. You had people behind the bar that probably shouldn't have been behind the bar. You had people leaving out one door with alcohol. Um just it seemed as if the
place really didn't have uh a lot of controls going on. >> Right. I I did have a chance to skim the reports again this morning and um I I realize and and understand the concerns.
Um one of the I think the issue as chairman you've you've probably hit the nail on the head is internal control of what happens not only inside but as they go as they exit out. And it seems that the
age-old trick of trying to get out of a bar with a drink at 2:00 or any other time um is is persistent. Um Bob has put something in into place. Now, you can't lock that other door. That's an emergency exit. So, you you can't lock
them out. And you can't lock them from coming in uh either from sneaking in and maybe somebody underage or somebody who's uh intoxicated. So, uh, when I went over the the reports, uh, with Bob and told him and he read them, um, and
he said, "Okay, I think this is this is what what we need to do." And I think he does need to have some internal security, more than one internal security person. uh not necessarily the detail and not believe me I'm not against details but uh that he does
realize that he needs to have somebody with some muscle or some authority or somebody who is going to be respected to you know keep the keep the crowd under control. He would like to uh address a couple of the uh issues that were
written up in the in the police reports and that had been uh forwarded to us from the from the license commission and let you know what he's done uh since being notified. And I know that the place across the street which there's some relationship or had been a
relationship between the ownership of uh those those two um establishments. But uh if I may just let Bob let you know what he's done and uh how it's worked out. >> Okay.
>> Uh uh Bobby Kelly 264 Ocean Mass. Um in regards to the security number one there is usually on f Thursday or Friday definitely Friday Saturday we have two security and on Friday nights I'm there most Friday nights to make a third. Saturday nights I can't be there because
I have to be in Boston at my other club. On the night before Thanksgiving, the gentleman who was supposed to be the second dormant at the last minute called out on me and left me with one guy. And the night before Thanksgiving eve, not that it's an excuse, but I'm in Boston
because it's we have over almost a thousand people at the club that night. It's my second biggest night of the year, >> so I couldn't be there or I would have been. Um, in regards to the second exit, I feel exactly the same way. And if it's something I spoke with um the fire
inspector when he came to the building for the liquor license inspection, I would like to put a it already has a push bar so you can turn it so people can't enter. >> Mhm. >> Um and we for the record, we also have a security van every single night even
with when there's no entertainment just for someone to be there. So a bartender if I'm not there, someone else is always there with them. Um, I would like to make the back door a emergency exit only that an alarm would sound if you go out it. I mean, you
obviously can still access it to get out. Uh, you can you will not be able to enter it because it'll be locked from inside. >> But for fire purposes, I know it has to be able to push it open. An alarm will sound let us know that someone went out it because as you know, you've been in there and the back door is kind of like
an enigma, especially if there's one person working. When there's two, it's still hard because you have one at front, one at back, but then they have to move around the room to check on people. And I constantly am catching people, customers, when the door is locked on the weekends and the security
might go to the bathroom or do running to open the door to let people in. >> I've been there. I've watched on my phone as I stood right in the room, watched it happen, went right over, dealt with it, threw the person out that came in who was obviously underage. That's why they wanted to come in that way. and the person who let them in, who
might have been a regular, said, "You're out of here for the night. Take a month out and then we'll talk." So, I am trying to deal with that back door. I think it is a a real problem that it's easy to walk out that door with a beer or with a drink if you're standing by the back and you look around, nobody's
looking. You kind of just go that door down the ramp and then there you are. >> Uh the front door, I try to make sure there's if Friday nights I try to stand there from 1:30 till we close. And I think um the sergeant would tell you at least a few times he's seen me out there
when they've driven by that I stand there with the security just watching people go out so no one goes out with a drink. A lot of times people walk right up to me to say good night and they have a cup in their hand >> and I'm like you cannot leave with that. >> Oh my god, I'm so sorry. I wasn't even thinking. And then there are the people
who have them in their back pocket which is hard to to get stop them. But as far as that goes, that's what I would like to do so that seven nights a week that back door is not accessible to enter. It is emergency exit. You can get out. You can push it open. An alarm will sound. We'll know somebody without it and we
can deal with that person individually. But this way there is one door, one entrance, one exit for the most part. Security can see and if anyone goes out that door then it's on me and my security why they went out with a drink. So c so council, you know, um what's
your client's position? Um I mean, he's been in the business for a long time. Um and I, you know, I'm having trouble accepting, um that it takes for us to, you know, bring him in here to for him to tell me that he's addressing these issues and
he's trying to address these issues with the back door. you know, what's your client's position about um the requirement as a business owner who has a license, who serves alcohol in the city of River? um um that or his understanding that he
has to cooperate with rever police when they come to his establishment and they're trying to address a concern and he has his personnel and his security uh cursing this officer out or being extremely aggressive towards this officer as I read in the report. What's his position about what I read in this
report? >> There I I discussed that with him and one of uh one of the instances that uh involved I think it was a female bartender. um he'll tell you about that. That one he's he owns up to. The other one is is a bizarre allegation that
somebody went running out and said, you know, we have a 2:00 license. I'll stay as open as that's not us. So, uh Bobby had um made some inquiries after I gave him a copy of the police report and uh he'll give you his uh his testimony if
uh the chair would accept it. >> The sergeant is here. >> Yes. Yes, right here. >> Sergeant, would you come up for a moment? >> Because I I I was very disturbed to read that in your report. >> We've had a plethora of issues down
there, especially over the last summer. You can see the police logs and the police reports that indicate the issues that have been going on. Um, first thing that I'd like to address is the the business overall, right? I've only met you down there once or twice. There's times that he's not there. Kind of goes
back to a clear definitive who works here. Um the female bartender, me and him spoke directly about it when the incident happened. IFIs and the report would be filed and we let you guys know. Um very uncooperative. Most of the staff there is not welcome welcoming to the police and they're just
uncooperative. I do know when he's there, he talks to me. We do have these conversations. The issue isn't when he's there. The issue is when he's not there. Um as you said, it seems to be kind of a management issue. It's there. There's no control. Um, with as far as the alcohol goes, I mean, you could go there on any
given weekend and there's liquor bottles in the back of the parking lot area where they have their spots on the ramp. There's an old telephone uh box on the wall. There's always beer cans in there. I ask our guys to clean them up. They come out and clean them up as well, but it just shows the fact that there's alcohol leaving the establishment. On
one night, myself specifically saw someone walk right out the front door and they're smoking a cigarette and drinking a beer out of a beer a glass bottle. We addressed it, spoke to them, they took care of it, documented it, sent you guys the report. As far as the night that we speak about, it was uh Halloween night, Friday night. Very busy
night for us. I went around to every establishment. Um, you can speak to any of the other the other owners or managers asking and requesting their assistance, making sure we had everybody out by 1:45 and 2:00 to help alleviate some of the issues like we have on Shirley have and that we have with the
parking lot between BK's and Bill Ashes. I went to the door. I spoke to the security guard who's familiar with me. He said, "Hey, yeah, the manager is busy. I don't know any of the manager's names because every time I go there, someone else identifies themselves as a manager." Um, gentleman came out. I was
leaving. Came out and was extremely aggressive. And at the moment, I wasn't going to, we're taught to kind of deescalate, not get into it. I wasn't going to argue with someone. He's the one who approached me, who identified himself as a manager of the building,
said uh not some some not so kind words to me, and that their liquor license was till 2:00. I explained to him that I would be back at 1:50 and make sure everybody was out of the building at 2:00. We ended up having issues throughout the city that night. I sent guys down there. There was no issue at 2
o'clock. But overall, when when you're not there, the the overall consensus is from all of our officers is that they're not very cooperative with the police. And that's that's a major issue for us. I I talk to all these businesses. You can go and speak to any of them. I make
myself known. I talk to them. We have conversations. I'm here to help. Let's make it better for everybody. It's just been an ongoing repeated problem. As far as the Shirley AV ones go, we're not receiving calls about that for the most part. Those are neighbor complaints that they're handling with you guys. And we're down
there just to help with these businesses. We're getting calls for fights in the street. We're getting calls for disturbances, people drinking out back, alcohol being out in public. And we're trying to work all of those problems at once, right? At least at leas that area. We have one detail down
there that can help out down there. Their security guard that the doors closed at 2:00. No one's helping us move anybody. Right. This has been an ongoing issue. So I think there's just one talking to his staff about being cooperative and two management. There's no there's no oversight there. It's kind
of as though the patrons are running the place. You go in there, I never get a definitive answer. People are walking behind the bar like you said. We've seen that oursel. I don't know who works there. So that seems to be one of the issues for us. And that gentleman, I did not ID him. I wasn't going to get into an argument and a fight with him. He
approached me. It's in the the descriptions in the report and said that he was a supervisor for that establishment or a manager. I apologize. I've personally seen you know you approach as I mentioned you and I had a conversation outside of Lumia Lounge right where management was quite seemed like they were cooperating with you the
owners came out to talk to you so it's not something you typically encounter with a lot of business you've been encountering that with this particular business >> yeah and not specifically with you we've had great conversations and it hasn't been an issue it's >> it's his staff >> when when he's not there >> when he's not there >> right and then the other issue is the
ongoing disturbances that we have outside calls for fights calls for people walking in the middle of O Ocean A, which is a busy road. Again, that's people leaving their establishment. I don't know how that problem's rectified. We try to go down there and push people along, but it's an issue. And again,
that their clientele as well is not very cooperative with the police. You go and talk to them and it's kind of like it's turning into altercations with the police because they don't want to leave. >> Thank you very much, sir. >> Sure. >> Uh counselor, this brings us to, you
know, the management situation. for just one moment where we don't really have a manager of record. We were supposed to be dealing with with this um situation regarding the change of ownership and
management. This seems to be part and parcel of the same problem or a result of lack of a manager. >> De facto. >> Well, de facto is not the jury.
>> No. I I understand that. Um >> turn on the microphone. Um but Bob did want to address that uh incident where somebody came out and accosted the uh the police officer which we do not condone and he obviously but he would uh
he would made inquiries and he'll he'll tell you his side of that one. >> Hello. Um the night the officer speaking of on Halloween, my sister who was I couldn't be there that night. I wasn't feeling well. I couldn't get over to the the bar. I asked her, she lives right
down the street in Rever. She's been involved in the family business years ago. I asked her to please go and stay at the door for the night because it was going to probably be a busy night with Halloween. Um, she was there until 1:45 when she left and she had another girl
who worked there and is um I I called them both today because this is the first I've heard about this incident that someone spoke to the police officer, the sergeant that way. Um, and they both told me that they were at the door from 9:00 a.m. 9:00 p.m. to 1:30 roughly and they never saw a police
officer come up to the door. That doesn't mean obviously that the dorman didn't see him on the sidewalk maybe and they talked, but they didn't know anything about the situation. And I'm happy to see in the report where it says that the one gentleman he spoke to said um, you know, that he would make sure he
told the management and that it would be dealt with and getting out people out early that night. Um, as far as this person walking up to him, I have no idea who that is. That could have been a customer. I have no clue. And I can't control that kind of thing happening. And well, since we're talking about
managers, um, and I know obviously with the paperwork and everything, but right now the only person there in charge responsible is all falls on me. Um, I will hopefully eventually have the license in my name and the management in my name, but
this what I'm trying to do is like keep things orderly there. And not that tip certification means a lot, but everyone that works here, the three bar staff that are there are all tip certified and crowd control something they took also to get their certification. Um, the
night the the young girl behind the bar spoke to the sergeant that way, I think he could tell you. I immediately shut her down and told her, "Do not speak to the police that way." And um and that's when he said to me, "Let why don't we step outside and talk?" And we did. We had a nice conversation for probably
about 45 minutes. Um, and all of this what I'm hearing today about management and things not being run, other than that night that I met with him and he told me about the report and this other report today, I have not heard a word from the city, from the the police
department. I'm how would I know that these things are every night supposedly going on that if I don't if I'm not told? I mean, I am there most probably four nights a week, maybe five. Most of the time I sit in my office and watch the cameras because I'm tired. I don't want to be up there. But I go up there
always at closing time, always at the front door watching people go out. I can't be there seven nights a week, but I try to be there as much as I can. And as far as the staff, I've had two meetings, especially since when we got the first letter um saying we had to come up here. I grabbed everyone in and
said, "Guys, what happened?" And I spoke to the girl again who still does work there. She worked at Sammies for 5 years before they closed. And I don't don't know of any problems down there. I don't think she had any. And I spoke to her that night and I I said, you know, you cannot address any public official, city
or state or police officers in that way. And anyone they you need to be respectful and listen to. They tell you to do something, you do it. If you don't like it, that's too bad. You deal with it the next day. You tell me if I'm not there. But that night, I was there. I dealt with it. I shut her down immediately and said, "You don't do not
speak to a police officer like that ever." And uh and I apologized to the officer. I said, "I apologize. I'm sorry she did that. That's that's not the way I would handle that." And I was right there to stop it. But other than the rest the rest of the stuff and this gentleman speaking to him with the profound
language, I really have no idea who this person is. >> Okay. Uh thank you very much. So, as far as the issues with the people leaving out the back door, when would this crash bar
>> supposed to be delivered? Today, I haven't installed the minutes here. >> Okay. Um, do any of my fellow commissioners have any uh anything to add here? >> So, I think with this restaurant, we also have several issues with crowds
outside >> with crowds outside. So what's what's going to be done to to fix this issue? >> Um on the again the nights that I'm there and I will if if instructed I will ask them the security but on Friday nights when I'm there I go out the door if they're get congregating on the
sidewalk which a lot of people tend to do. They're waiting either for an Uber or they're waiting for someone to pick them up or they're just waiting sometimes just because they don't want to go home and I try to move people off the sidewalk and tell them you've got to keep moving. >> So I want you to know that there is several reports of crowds outside. You
were just saying that you weren't aware of a couple of things that we were, but I want to let you know that we have reports, >> right? I mean, but people go out the door at 1:45 and yes, I know that I've been there when there've been 10, 15 people on the sidewalk and I'm out there screaming at them like, "Please, people
keep moving. Go to your cars. Go." A lot of times they go across the street into the parking lot and and I don't I know sometimes incidents have happened over there, whether it's involving them or other people, but I don't ever cross the street to tell them to get out of the parking lot cuz it's not my place to tell them. I just try to keep them moving and get them out. Um, and I will
have my security and anyone else there do the same at night if they're crowding the sidewalk uh after closing time. >> Thank you very much. Uh, Sergeant, if you could come back up for a minute, I just want to ask you a couple quick questions. >> Sure.
>> From your experience in dealing with BK's, what do you feel are the biggest issues that need to be addressed from from your perspective? Crowd control, right? The exiting of the building. Crowd control. I know he says that I I'm I'm here four nights a week. My days
rotate. If it's my weekend shifts, I'm down there. I'm I'm I start at the top of Shirley A and I make my way all the way to the beach and back around. And this is this is no insult. I I haven't seen anybody out there. Whether I miss it or the timing is off, I personally haven't seen anybody out there. Um I think that's one of the major issues,
the alcohol being either brought outside or brought inside, I'm not really sure what's going on. We've stopped numerous people and the reports are in there drinking outside alcohol containers whether it's in a parking spot out front of the building or in the parking lot across. I think one of the major issues
is that parking lot whether who owns it but the the two businesses need to work together and solve that issue. Um but that parking lot stems to be a lot of issues. Um >> I'm sorry what was your other question? >> Oh that was basically it. crowd control.
And again, I think just having definitive >> kind of definitive rules for the customers and the employees that work there, right? Like this is this is not acceptable behavior. We're not going to let people in there do this. You need to leave. If you bring alcohol out, you're done for the night. Things like that to enforce those rules.
>> Okay. Thank you very much, sir. You have any uh anything you'd like to add? >> I do. Um so I think that BK's, you know, the reality of the situation for me. No, not this not for you. This is for uh council and his client. You've been hearing about issues at PK's
for months. Okay. Um and uh there has been over the past five months at least one if not at least two reports coming out of that uh business about issues non-compliance
um lack of cooperation with city officials um for the last at least the last five months at least. And that's the stuff that we're hearing about. And even the stuff that's being un that's not being reported um uh by by by way of formal
police report um is you know is coming to our emails about issues with BKS. Um, I believe that um there needs to be some type of decisive
um decision that's made today uh regarding B case because what I've heard from the manager that's before us is that he's not really present there and when he is there, he doesn't seem to have a real control over what's going on there. Um, and I certainly, as we've
done with other business in the past, is not going to sit back and wait for something serious to happen that we've seen across the city. Um, when the the proof is in the pudding what's before us. Um uh so um I heard everything that
I needed to hear and frankly you know I think that there needs to be a decision made regarding this business today that can help address the public safety issues that has come out of this business over the last six months.
So um when the commission is prepared to hear my proposal I I'm prepared to make it. >> Uh very good. Thank you for that. Um, councelor, you've heard uh the from Commissioner Osena. Do you have anything
you'd like to add? >> I just feel that um well, what I just said about the crowd control um I feel like you kind of minimized it and it's been a problem. Um I've seen the police reports and also from what I hear from
you, with all your respect, I feel like it's lack of management. like the day you were at the other club, you know, this happened or the day that you know, Thanksgiving this happened. So, I feel like this is something you should address. Maybe lack of management. Um,
we still don't have a manager on file, is it? >> Right. The paperwork needs to be finalized. >> But I feel that this is where your problems are coming from. >> Council, you've heard the comm the other
commissioners. What uh what do you have to say as far as trying to mitigate this stuff? Well, I I I think it would be reasonable and I think it would be doable if we if we're able to um
restructure the the management um protocols and give us 30 days to give you a written um a written uh man management plan of what where we are now, what they're going to implement, and where they are in 30
days. And in the interim, if if there's a call for service by police, we'll note that in the report and you'll have it anyway, but we should know about it and uh it would be indic indicative that somebody's paying attention. Um so I I think I don't
disagree and I think Bob doesn't either that you know it management of the inside and management of the outside although governed by different rules are still within the responsibility within the curtilage of that that license
establishment. I get that and uh it is a little bit difficult because there is a parking lot across the street and the sergeant uh alluded to it. That's Bill Ashes. I know things happen over there. Nobody, again, nobody knows where these people come from when they leave. And the other thing that I do know is as
often as people try to take booze out of a out of an establishment, they go outside the establishment, they drink, they'll have a couple of beers, and they'll go in, they'll buy one, and then they leave their their empties there. I mean, we know it. And um yeah, they they'll clean it up. But a lot of those
those activities unless you've c caught them or you've seen them on video or somebody you know is there to apprehend them can't necessarily be be attributed to to the establishment. But as far as keeping people from going outside, I
think that's doable and that that's actually something that should be high on the priority list because there are a number of different things downstream consequences of that that could be bad not not only for the establishment but for public safety and the city. So I
think a a a well-written management plan with names, positions, um responsibility, duties and responsibilities, times and so forth if uh you give us the the 30 days and we'll come back and we'll give it to you as
quickly as we can get it to you. I've done them for other places and I think we've submitted plans for other establishments as well. >> It's worked out. >> Oh yeah, you have. Um, I I would like to propose um I'm not sure if we're at if we're at that point, but I certainly
just want it on the record and uh I you know, but for your council, I probably would do something or request something that a little more drastic, but I I'd like to roll them back to 12:00 um and um and have them have that opportunity to um address the internal
issues that seems to be plaguing this business over the next 30 days. And I trust um council will put together a a very comprehensive plan that truly tackles the management concerns that at least I see uh coming out of this
business, but incremental penalties uh for BK's will not address the problem and the behaviors that are coming out of there. I'm sorry. U but again, I'm only one voice. Um that's my proposal. I would like for it to be rolled back uh the business to be rolled back till 12
and and allow them 30 days to address a lot of the internal issues that's coming out of that business. >> Okay. Well, I mean that's certainly uh within your purview. I I just think that 12:00 is kind of punitive
and you know a little excessive, but you know um I'm only one one vote on here. Um, so your motion is to roll it back till >> 12 >> to 12 o'clock and have them come back in 30 days with a management plan.
>> Absolutely. >> That's the motion on the table. >> You can make your own motion, too. Obviously, >> if you want to if you want to amend that motion, you can. >> If you want to uh not vote for that motion, you don't have to. we can kick
it around and see if we can come up with a consensus that we can all agree on. I I am not going to vote to to second that motion. >> I wouldn't I wouldn't vote for that motion either. >> Okay. We're going to turn on your U Okay. So, you don't want to you don't want to vote for that motion either.
>> Yeah, I think 12:00 is excessive. >> Okay. what um I mean I understand your position and that you think that um you you want to send the business a message that you were taking this seriously and
I I can appreciate that. Um I think allowing the counselor and the management team an opportunity to come up with a management plan um is reasonable. Um I'm think that I would
wouldn't be averse to rolling them back till 1:00 if you know I don't know how you feel about that but I think that um a 1:00 roll back which would again but you're
still going to have the same problem until you can fix the management situation the doors things such as that you're going to have the same problem just going to have it an hour earlier And the it's not a noise issue for
neighbors. There really aren't any. We haven't had any complaints of neighbors or anything like that. >> That's precisely why I believe that we should roll it to 12. And I'm going to tell you why. Look, again, we all know we're This is why there's three of us, right? Because we need twothirds. We
need at least a majority vote to make a decision. But this is why I would propose a 12:00 roll back. And and this is why this is different than the other hearings that we've had earlier today. We're not talking about noise complaints. We're talking about inherent internal issues with their management
where people are walking over from one business to walk over to their business and leaving their extremely bloody when we get to the next hearing. And we'll talk about that at the next hearing. There's inherent problems with this with this establishment. We've been hearing about this establishment for months. for
months. 30 days is not a long time for this extremely experienced attorney to get with his client to get them to give us a comprehensive plan how they're going to address this problem because what's going to happen on on New Year's Eve or towards these parties that are we
we extended these hours. If this doesn't get addressed rapidly, there's going to be more of a serious issue. And I think that 12:00 um addresses a lot of that concern. It's not just an hour roll back. It's a two-hour roll back because the it gives this business enough opportunity to get
people out of there and and and out of that area before things get uh a little bit more um out of hand past 12 12:00. So, that's why I'm suggesting 12:00. as excessive as it may sound, um, this business and the issues that's came out of this business based on the
representation of that particular sergeant right there, what he's experienced from this business, it's not we're not talking about like like what he he even said it himself. We can credit this officer's testimony. He even said it himself. What they're dealing with at these other business is not what they're dealing with at BK's. what
they're dealing at BK's is far uh needs needs uh a little bit more attention than what we've addressed today at these other businesses. That's why I think 12:00 roll back is appropriate. We've done it with other businesses when these type of concerns have come before us. It's consistent what we've applied in
other businesses. And again, it's not like we're again what and I made sure I said that incremental penalty or sanction uh I don't believe will address the concern of this particular business. I have all the confidence in the world
in council. He's going to get to with his client. They're going to get it right. It's a managerial issue. That's an internal issue. Rolling them back an hour, like you said, uh chairman, is not going to address the problem here. There needs to be a serious roll back of their
hours. Let them He He has a big nightclub in Boston that he manages. He can get it right. Hire more people. Hire more security personnel. Give him 30 days to do that. But are we going to let them stay open till 2:00 a.m. letting people walk out of there with
drinks? Letting people cause issues with public um the the the public officials that walk across their business that comes to their business to address issues. I personally think 12 12 a.m. is appropriate >> for 30 days and having them come back. >> That's exactly what I said. have them come back. It's not permanent.
>> Again, I think that 12 is is excessive and would um hurt the business considerably. Um I would I would support a 1:00 a.m. roll back. Um but you know, I'm only one
voice here. >> I would support the 1:00 a.m. >> A 1:00 a.m. All right. So, my motion is to roll it back until 1:00 a.m. 30 days. You're going to come back here with a a management plan that we can get
behind. If at that point you're not satisfied and you want to roll it back, then you know, we'll listen to it again. Um, >> I'd like my objection noted for the record. >> Yes, sir. Duly noted. Um, so,
>> um, I'm not sure when is the, uh, >> third Wednesday of January. So, we're looking around the 21st of January. Maybe the 22nd or the 21st. I think the 21st is the third Wednesday. >> 21st. >> 21st. You're correct, Commissioner. Yes.
>> So, we would come back on the 21st. Hopefully, you'll have a management plan that will will suffice. If during the interim we have other issues and it appears that the place is um out of control or we deem it to be out of
control, we get more police uh calls at that point. I you know I would maybe move for an emergency meeting and and roll it back uh immediately. So um that that's on the table as well. And then I
would also like to add uh for you guys to submit all the paperwork you need to to have a manager on file. I think we've been asking for that for years and we don't have it. >> The um paperwork that's required by the
ABCC has been completed. I think we're waiting for the probate court to stamp the license from the because Bob's dad was the uh was the man uh was was actually was the manager on the license but when he
passed away Bob's mom became the manager but she was never um recorded on the license with the ABCC as the manager. So those two, uh, attorney Turko is doing their, um, um, probates and, uh, it has to come out
the other end of probate. >> Still in probate. Still there still. Yeah, that's been >> That's I've I've been >> I I went to the probate court once and it was by accident. I went in the wrong door. So, I'm really not sure how all that works, but I know it doesn't take It's not fast. >> Yeah, it's definitely not fast. It's in
a while. But just note just note that you know in addition to roll back hours we do have the ability to suspend entertainment license and suspend the license as well. >> Indeed. And I will do what I can to get the uh paperwork to Maggie ahead of the
the here the next meeting. So you'll you're not going to be uh handed it as you walk in the door. I mean I'd like you to have it ahead of time. So we'll put a push on getting that. I I think we have a concept uh in mind and I I can get it to paper. >> Appreciate that. Council.
>> Thank you, councelor. Thank you. Appreciate your time >> together. >> Um, the next item is KST Corporation, DBA Bill Ash's Lounge, 78 Revier Beach Boulevard, Carrie Tonto, the manager.
This is a hearing into disruption to the public safety in order, service of intoxicated patients, violation of license closing rules, violation of onremise license law. Kerry Kerry Tonstall 104 Winthrop
Parkway River. >> Thank you very much, Mr. Tonstall. Um, if I would, I'd like to bring up Sergeant Fantasia just so we understand what we're talking about here. Okay. >> Absolutely. >> This is in regards to Billis. >> Yes.
>> Okay. Uh the main issue there is the parking lot, the conjoin parking lot that that he's working with the issues of patrons from BK's using that parking lot as well. Um we've had numerous complaints of noise, vehicles running,
alcohol in the parking lot. Um and furthermore, we've have issues with people being in the establishment after 2:00. One of the officers that works with me had called me as the patrol supervisor to come down there. We had an issue outside on the street, wherever business it came from. We went in to
check those establishments. The officer walked into Bill Ashes around 2:15. There were several people still drinking in there. Um, I was not there on scene, so I can only go off of his release report and what I spoke to him about. The manager that was there refused to identify himself. Um, he refused to give
ID to explain the circumstances that it was past 2:00. There were people still inside regardless if they were drinking or not. if they're not employed there, they're not allowed in the building after 2 o'clock. We discussed that earlier. Um the the unprofessionalism and the the there was zero cooperation
to the point where um again, I wasn't there. So, I don't know if it was this gentleman specifically or someone that works there that identified himself as a manager, was physically upset, throwing beer boxes around, screaming and yelling. Um we we don't have many issues
coming from the inside of that building. Most of the issues deal with the outside. Where those people come from, I can't give you a definitive answer, but that specific evening that the police report is about was completely unprofessional. The officers were doing their job. They were enforcing the code. 2:00, if you're not employed or you're
doing business at that hour, whether it's cleaning up, you're not supposed to be in the building. There were well over 10 people in the building as described in the report. He had asked the manager for identification. Refused to identify himself. Our officers are taught to kind of deescalate. We're not going to get into it. We explained to them that this this issue would come in front of the
board. Um, and that's the biggest concern is it goes back to management and not being cooperative with law enforcement when we come there to enforce these codes and to make sure that the building is doing what they're supposed to do. >> Thank you very much, Sergeant. No problem. >> Um, my computer went out.
>> Um, so was there an issue? What were some of the other were there other issues that um, >> same similar with the last business? So we got the uh >> parking lot >> parking lot fights in the parking lot. Guy in that bar sold through blood in
the shirt from fighting. >> Do you know anything about that? The guy who came into the place all >> I've talked to I've talked to everybody customers and uh bartenders alike and no one seems to know you know uh anything about that incident. I had someone come in back in June. They called me up and
said this guy says he don't feel good or whatever. Came in the back. He wasn't there drinking. He didn't look drunk. Can they call an ambulance? They call I says, "Yeah, call the ambulance. What are you supposed to do?" Call the ambulance. I got a bill from Katalo ambulance for $700. And um I don't even know the guy, but but uh
>> they build you, >> huh? >> They build you for that? >> Yeah, they have his name right on the bill, but they sent the bill to me. I still have it. >> And uh I just like to apologize to the sergeant and any other police officers. My partner for 40 years down there was a retired state police officer. I would
never ever ever. And when I heard from some other people that said, "No, everything is in that letter is true." You know what I mean? He's he definitely wouldn't give him his ID. He was um you know, arguing with him. He was being aggressive or whatever. And I don't understand that guy's been there for years. He's no kid. He's 50 years old.
And I've never had a problem like this with him. I don't It's no uh no excuse. I'm sure you guys are probably um aware that the property's been sold, but we were supposed to be New Year's Eve, our last date. But then the landlord Bill Ash uh called me up and said the
developer has to redesign or whatever. So if you'd like to stay through June. So I thought it over and I said okay. And then right after that I got you know this letter happened. So I don't know if he you know like I said it's no excuse but if he uh he reasoned in his own head that what do I care about this job? I'm
out of here anyway. I'm not aware of what was going on in his mind because I would never tell anybody to do anything but answer their questions. Shake your head and agree. That's it. as far as the fights and stuff, you know, I mean, almost never ever is it
involved Bill Ashes, but that parking lot is an ongoing problem and it's actually escalated in those. Started in the beginning of last summer. Sometimes I don't even stop pulling in until 2:30 or whatever in the morning. My door man went out there one night when he saw the headlights pulling in. It was after closing and he walked out and he says,
"You know, you guys can't be congregating here or whatever." And the guy said to him, "Talk to my buddies, uh, Smith and Wesson." You know what I mean? So, you know, you take your life in your hands just telling these guys to leave. The girl next door, Cheryl on the ice cream place, told me she watched her tapes in the morning during the summer.
They pulled in and took out a grill. They were grilling right outside her where her dumpster was. She saw it on the cameras. It's a problem. I put a big chain up. They ran right through the chain. I have an old, you know, beat up car. I parked it in front of the other driveway. But what good is it when they run right through the chain on that
driveway? They come from the beach, from down the beach, from across the street. I counted 40 cars in there one night. I had like eight people in my place. You know, that's that's a tough problem. But as far as uh what the sidel was saying about the bartender, all of that
from all uh all indications are true from everyone I've talked to. >> Okay. Well, >> now now I'm I'm sorry to interrupt. Now I live a half mile away. I since my partner passed away about 5 years ago, he used to be there every single morning. So I'm there every morning now
because before I would be there at nights, you'd be there in the mornings. So now I'm trying to go back and forth, but I'm not there more than probably three, four nights, but since this delivery this letter, I've been there every night, you know. So I mean it's it's difficult, but uh
>> who's the manager? Who who do you have? >> I'm I'm the manager. There is no manager. Whoever identified himself as that was the bartender. And the only thing I've ever said to the bartender is when I'm not here and you're behind that bar, you're the one in charge. But that's what I've had everybody for. so many years I assumed I could keep
trusting him. >> Yeah, that well that's a problem. I mean because >> well now I'm there before last calls ever since the delivery of this letter when I continue. >> But you said you know you said you you said you started you started showing up there a lot more since we got you got this letter but you have to understand that your license requires you to be on
premises you know uh you know and that that's that's a severe problem and I I hate to say it. I mean, it's a sim it's the similar issues that that I'm you know, coming out of your establishment is the same type of issues that that you know is coming out of the the business that
was just in the hearing right before you. >> Yeah. >> Um and you know, look, even if you guys are there for the next 6 months, you have some cleaning up to do. >> Understand? >> And uh you know, there's some things that you need to be being there by last call will clean up all the biggest problems. Maybe not the parking lot.
>> When's the last call? When's the last call for you guys? >> 1:30. >> 1:30. Should I I feel that we need to talk about the parking lot? >> Do we have a plan? >> Who manages it? Who manages the parking lot? Is it does your business itself manage the parking lot? Is it the owner of the property that manages the parking lot?
>> Nobody manages. Bill Ash is the owner of the park. >> He owns the >> So there's uh there's five businesses that use that parking lot. >> I see what you're saying. So you have somebody out there full-time then when it's beach weather, they're all going to the beach. You know, it's it's it's a nightmare, right? >> Sand castle week.
All right, let's let's move on. >> Okay. Um the the last issue I think is the 2 a.m. people in the place after 2 a.m. >> Yep. And I and I heard he tried to tell me it was 10 of but I heard from other people that he's lying to me. That same guy that night.
>> Oh, >> the guy that works for you. >> Huh? >> The guy that works for you >> that was working for me. Yeah, >> it was working for you. Yeah. >> He doesn't work anymore. >> Well, I I told him, "Let me see what happens at the hearing or whatever. come back and try to talk to me, but I only have five bartenders. >> Business being what it is. I mean, you know, I can't go.
>> It's real slow. >> Well, this time of year, yeah, you don't see a lot of bikinis on the beach, but you know, >> but it still isn't. Well, I've been there 47 years, >> so it's nothing like it used to be, >> you know. So, >> all right. Well, >> I'm going to do whatever I have to do.
>> I think if if you uh what are your plans for the parking lot? What can we do about that? >> I don't know. >> Five businesses using >> and not just not just five businesses, not where Sammy was down the street. They come down. You know what I mean?
It's like it's crazy. >> So, you can't really pin it on them. >> What's that? >> So, you can't really pin the parking. >> No. No. >> So, look, I I I I you know, I've read everything. Um, I'm kind of in the same position as I I was with BK's. And um,
given the the the position of our last decision. Um, you know, although I would certainly move to try to roll them back to 12. It may I may not get the support. I do think that this business should be rolled back to 1:00 a.m. I think that this business has a lot of internal
issues that it needs to address. And I'm certainly not in favor of um um uh proposing incremental penalties because I don't think that it's going to address a lot of the issues that comes out of this business as well. So I would I would certainly move to roll it back to
1:00 a.m. um and allow them an opportunity to address some of the issues. You have some managerial issues you have to address there. You need a manager on site all the time. It can't just be uh certainly because you received the letter from from us that you're there. whether you're appointing someone and you got to you got to have
that person on file with the with the city and get someone there to truly uh clean up some of these issues. But anyway, that's my motion. I I would I would I would move to to roll them back to one. >> I um would I mean I understand with the
last place they have been here many times. We have had that problem over and over. This is the first time that we have seen Bill Ashes here. And I think that rolling them back in a
time when it's already a uh um an economic liability as far as having a place. I would think that um I would think that a a warning with um putting in some type of a plan to deal
with the parking lot and see how that goes for 30 days and then maybe come back in 30 days and see if if things are better. I don't know how how you feel about that, but that would be >> I would I would agree to that as well.
>> Okay. So, my motion would be to leave them at 2:00. Um, allow the management to take some steps to deal with the parking lot situation, come back and revisit it in 30 days and see how we're
doing at that point. Is that uh second? >> Okay. Very good. >> Can you note my objection for the record? >> So, we're going to table this for 30 days. Okay. give you an opportunity to work on the parking lot and some of the
other management issues. Come back in 30 days. Your your license is intact until 2:00. You're basically in the same position you are right now and uh we'll work on it then. >> I appreciate the opportunity to look. >> Thank you. >> Thank you.
Uh item number eight, Lumininal Lounge LLC. This is another um hearing into the disruption of public's public safety and order, service of
intoxicated patrons, violation of license closing rules, and violation of on premise license law. Name and address for the record, please. >> Good afternoon. Um, attorney Gabriella Damrosio here on behalf of the Lency Lumina Lounge. here with me today. I do
have the managers, owners, and head of security is here as well. I do also have a notice of appearance if the commission would accept that today or I can drop it at the clerk's office. >> You can follow. >> Sure. Thank you. >> Um, if we could have Sergeant uh
Fantasia come up again to kind of go through the issues from the police perspective regarding Luminina. If you could do that, Sergeant, would appreciate it. Again, Sergeant Fasia for River Police. Um, this establishment, I believe, has been only open about five
months. Yes. Approximately. U, we've dealt with several issues. There's there's several reports there of, uh, one, altercations, and two, having people in the establishment after 2:00. It goes back down to management. We've had issues with uh, security personnel being involved in altercations. We've
had issues with people being um, over served as well at the end of the night. They're very busy establishment. Um, there's a lot of crowd there. The capacity I believe is a couple hundred. I don't know specifically. The ongoing issue is is that they don't seem to be controlling the crowd that they have
while it's there and after closing. So the same issues we have with every place closing time comes. There's people congregating in front of the business. We try our best to work with that. They have hired a detail sporadically. Um it does seem to help when they do have a detail, but it's sporadic back and forth to when they do and don't have it. Um I
think the overall issue, like we discussed with this stuff tonight, is that it's a management issue. um security personnel getting involved in a physical altercation. It's unacceptable on our end. We had to intervene at that point. Um and then the the the violations at 2 o'clock. Officers drive by, they see people inside still at
2:15. It's addressed. Um those reports are in there for your viewing. >> Thank you very much, Sergeant. Appreciate it. >> Absolutely. >> Councelor, those are the issues that are before us. Um what do your clients propose to do about
this? >> Yes. Thank you. And just just for the record, I was just recently retained. So I did just have the opportunity to speak with the management at Lumino Lounge as early as yesterday. Um so in in our conversations, we've talked about putting together a very detailed
remediation plan. They are more than willing to be compliant. They sought out our help in order to do that. They they want to be able to run a business that is in compliance with the law. They are very eager to do that. that I believe the last incident that um Sergeant had just mentioned happened on the 21st of
November. Since then, I recognize we're only um halfway through December, but since then there has been no other issues. Um that is my understanding. It's also my understanding that they have hired a detail and that detail has been in place for about the last month. Um additionally, they have put into
place um hard stops uh so that they are closing out all tabs by 1:45. alcohol service is stopping at 1:30 and for this last month every person has been out of the building by 2 am and they've been working really hard together um to make that happen and make those changes
happen. I do not believe that there has been any incidents so far in the month of December. My my ask to the commission today is that we get 30 days we have a 30-day allowance um to be able to speak together to come up with a very detailed remediation plan. As I mentioned, they
did seek out our help. They are more than willing to comply um and work together to create this plan um so that I can really sit down with them, speak with them and their staff to identify the key issues um that are at issue here to be able to better identify the
problems and then fix the problems to ensure that there is no further problems with security or having people in the establishment past 2 a.m. We're not trying to minimize these reports. They they recognize and I explain to them that having three police reports and being open for only four months is is
not acceptable. It's it's not okay. They recognize that um they really do want to uh work together to be able to fix these problems. And like I said, over the past month, they have been making a very solid effort um to try and remediate
these problems by making those um changes, closing, having last call at 1:30, making sure everyone's out by 2 a.m. and hiring that police detail to be there. Um they have been working towards those those things. So, I would just ask that we do be able to have those 30 days
in order to come up with that plan so that we can represent it to the commission in a month. >> Thank you very much. Do any of my fellow commissioners have any anything you'd like to say? >> I do. So, uh, just by way of a brief recap from from my perspective regarding
Lumia Lounge. Um, you know, I've had an opportunity to review the police reports that's come out of this business and I want to say obviously as a newly licensed uh business in River um that has strong uh family ties with other businesses in Ravier. Um, obviously we
were, you know, a lot of folks in Ravier are pretty excited about it. Um but I do want to highlight um a few of the concerns that have come before us that that you know was somewhat mentioned um that we've obviously received multiple reports of uh people remaining on the premises um after the the establishment
is supposed to be closed. Um alcohol beverages still being present and consumed after closing time. Um uh and the staff uh not necessarily making meaningful um attempts to get folks out. And I think the one that's uh most
concerning to me was um uh a pretty severe assault by the head of security that it seems like there's a new head of security now. It wasn't the guy that was before us last time um uh assaulted a patron outside of the establishment. I had an opportunity to speak to off uh
Sergeant um Fantasia um about that incident um who I believe he was the one who personally reported on it. Um, but I I I have to state that um I did go to that business without the owners knowing I was there,
without management knowing I was there. And I happened to strike up a conversation with uh um the sergeant that's in the back of the uh the courtroom, the the chambers here. Um and we had a very pleasant conversation. But I do want to note for the record what I
personally observed. I saw a an establishment that was um run extremely well. I hate to say it. I I and I I don't have a better word for it. I saw managers on the floor being responsive.
I saw the door get shut down almost immediately when they were at capacity and I saw the owner standing by the door and not even realizing that I was observing him. Uh not let a single person in regardless what their story was. officers wasn't even there. In
fact, I bid farewell to officer uh Fantasia because he got another call and they still were employing those practices. I have to recognize that this business is fairly new and there are some things that came out of it that are concerning. Um but I witness for my own
eyes how well that this establishment is being run and I have all the confidence in the world that they're going to get it together. Every new business, you know, deals with their own subset of issues when they first open up. Uh but what pleases uh me and and and I have
all the confidence in what I saw um and how they were handling that one particular night. Maybe it was just that night. I don't know. But um so u I certainly wouldn't mind giving them 30 days to put their plan together. >> Very good. Uh do you have anything that
you'd like to add? I also want to say that um I know it's four or five months you guys just opened but I've and with several issues um reports police reports but I've also seen you run a great business and uh
every time you guys have been here you know you guys are very cooperative with us and I would also be in agreement to give you guys the 30 days. >> Okay. So, it seems as if my two fellow commissioners are uh of a mind to give
you the 30 days to work on this plan. Um, I don't have an objection to that either. I will say that when I was in there, uh, was it the Wednesday before Thanksgiving, um, it was 140 and the music was still
bumping. The lights were off. Um, that is why you're having trouble getting people out of there at 2:00. You need to shut it down at 1:30 and last call. The music's got to be off
by 1:00. I mean, that's the the uh stipulation in the license. And by running it longer, you are making it more difficult on yourself to get people out of there. So, just please keep that in mind because like I say, you run a good
place. The place on Broadway is a great place. I've been there a few times. It's really good. You have a good management set up there. The place um the place down the beach, the same thing. But, you know, you have to enforce these things
on a time basis. And so, uh, I would concur with my fellow commissioners to give you 30 days to come up with this management plan and then you can come back in 30 days and we will uh hopefully close out the hearing. >> Okay. But at this point, we're just
going to extend it for 30 days. >> Thank you. >> Thank you very much. >> May I pass this forward? >> Absolutely. >> Yes, please. Thank you. >> Okay, gentlemen. Uh thank you very much and counselor. We appreciate your time.
This matter is closed. >> Uh that concludes the hearings for tonight's uh uh meeting. Uh the next items on the agenda are communications notification from the M al Massachusetts Alcoholic Beverage
Control Commission of a return of no action of an application for multiple amendments to MEA Corporation DBA Alpino 2. Notification from the Alcoholic Beverage Control Commission of approval
of a transfer of an all alcohol off- premises license to Coco's liquor rea DBA Wonderland liquor store. Notification from the Alcoholic Beverage Control Commission of approval of an all alcohol restaurant license for Ocean
King DBA Ocean King. and notification from the Alcoholic Beverage Control Commission of approval of a change of manager for Triangle Pro, Inc. DBA, Billy C. Uh the next items on the agenda are
license renewals. Uh they are uh available to be viewed on the website. I won't go through them all. There are many. Uh the only other one that would be added to it would be Lupas, which did get their paperwork in. Um, and that
would conclude our agenda for today, >> January 21st. >> And I would make a motion to >> January 21 >> to a adjourn till January 21st.
>> I second that motion. >> Meeting adjourned. Thank you very much. Okay.