 All right, good afternoon. I'd like to call this the meeting of the Board of License Commissioners to order at 103 p.m. On Friday April 5th 2019 I'll begin by stating that just for the record this This meeting is being recorded both audio and video Potentially for later broadcasters certainly being made available online. So I want people to know that they are On camera The second thing I'll mention is that because of that we will want people who want to ask questions as we go through the process And we go through getting The various pieces of the meeting done we will want people to use the microphone so they get recorded on to the audio And so we'll have you step to microphones as necessary I'll begin by laying out what we're doing today as far as order of events. We're going to have a public hearing relative to a Potential violation of the alcohol license What we'll do first is I'll open the public hearing we'll hear testimony from the police officers in town We'll ask the the license holder if they wish to provide Cross examination or or rebuttal of that Then we'll close the hearing We as a board will have our deliberation relative to potential action or not And that will close the matter for today But we'll take that order of events in that way each of the people that provide testimony will ask our Counsel Jeff Blake to just wear them in and so are there any questions about the order particularly from my board members? Okay, the one thing I will tell you about the microphones you have to press to talk and then let it up So just so you so everybody can hear you and also so it gets recorded So I will begin by opening the public hearing. I'll do a roll call vote So I'll call each of your names and say yes to go into a into the public hearing So to open the public hearing Ducks a lot of says I Mary Ann Walker I Hallie Hughes I So we have our meeting starting at 105 the public hearing has started And so we'll begin with testimony from our police department relative to the events actually what I'm sorry I'll start with is the letter that was delivered by hand to Richard Annunziata. Hopefully I've pronounced his name correctly On Friday, April 5th, 2019 at 1 p.m. The Embers Board of License Commissioners will hold a hearing pursuant to general laws Chapter 138 section 23 to discuss your alcoholic Beverage's license number 04526-rs-0024 451 East Pleasant Street Amherst the hearing will be held in the town room second floor Amherst town hall for Boltwood Avenue Amherst mass the hearing will concern the March 29th and March 30th incident reports filed by the Amherst Police Department a True copy of which is enclosed these reports describe events at your establishment that occurred during and after the mandatory closing time on March 29th You may attend this hearing and be represented by counsel at your own expense if you wish The purpose of this hearing is to review the allegations documented in the incidents reports and Certain provisions of MGL chapter 138 and CMR 204 These allegations if proven may constitute violations of the express terms of your license Friends selling alcohol and allowing drinks to be consumed after mandatory closing time Failure to effectively check IDs Fair to have food available during time of alcohol service friends General Laws chapter 138 section 34 friends serving alcohol to minors friends 204 CMR 4.03 Friends sale of pitcher to less than two persons friends and or 204 CMR 2.05 Friends to friends permitting a disorder disturbance or illegality on premises These allegations have proven would constitute grounds for disciplinary action Including a written warning suspension or revocation of your license if you have any questions, please contact this office It's not by me. So that reads into the record the actual notification was given to the to the license holder And so now I'll begin with the police testimony So who of the police would like to be sworn in actually could swear how many years speaking for the police department? I guess it's the first question So why don't we have both of you get sworn in by mr. Blake? Yep, does that work? Mr. Chairman anybody that's gonna testify including for the for the establishment Can you please stand up and raise your right hand? All right Do you affirm or swear to tell the truth the whole truth and nothing but the truth in this matter? Mr. Chairman they've been sworn in excellent. Thank you very much so if the first officer that would like to speak would come to the microphone here and and Give testimony, please Just state your name for us so we know who you are and then go through your report You may have to press the button to get the mic to go on if the little green light is not on it is Thank you Men's on the table So for other observations throughout the night, she told me that from her vantage point She was able to watch the front door and stop checking my knees They were using the electronic scanner She stayed there On the premises In no time that you make yourself known to I was still inside my cruiser Where I was at the parking lot inside my cruiser five six patrons enter the restaurant where I was He said no, I have a class two license You know, that's not true. You know, you're under he specifically said I've had with the chief living stone this morning Chief living stone said that I was all set He went and retrieved a Couple of documents that were basically a special license I knew from my review documents that he is buying this special daily checklist We stay there and observe people exit I state outside of the front says Thank you very much are there any questions by the board members Wonder if he spoke to chief living stone about mr. Anziana's report that he had spoken with him that morning But it was clear during that okay any further questions if not, thank you very much Appreciate your your testimony Was there another officer was going to speak as well and again if you just introduce yourself when you get the microphone So are there any questions from from us? I I have one question and Did you see people getting over served in other words people that were obviously Intoxicated continuing to be served or was that not a factor in anything you saw relative to the activities that evening again Any questions for my colleagues? Yes The person drinking beer out of the pitcher Did you happen to notice if they had cups in their other hand or available in front of them? Thank you. There's another police officer that wanted to provide testimony at this point if not, there's another town staff that wanted to I think at this point I think Those were the primary things we wanted to hear about Just a quick reminder to my colleagues that what is in the notice that I read aloud Which indicates particular violations of alcohol license is the primary thing we're focusing on as far as our attention is concerned today So we'll keep that in mind as we move ahead Was there or are there people from From Porta that wanted to come in and testify or provide If you would please come forward and state your name at the microphone and and And perhaps provides my explanation of the events of that evening. Are there questions? Yeah, I'm just clarifying Was there a card reader on on site or not? That's the first question. And what was the owner on site or not? Yes How long since you'd identified that this card reader was not working Thank you Mr. Chairman if I may interject Mr. Nunziata needs to be sworn in to testify. Thank you for that. So just as a One of the things we did before you got here we anybody was providing testimony We swore into the process. So we'd just like you to take that before you get started. Thank you So I take you've given us this. Would you like to go through these with us, please? Yeah, go right ahead. Oh One of the things before you start I just want to let you know that we are recording this both audio and video Which is why we're using microphones. So make sure your microphone is on so that's one thing But also just to make you aware that we are we are as a matter of process keeping this on on record electronically So I just want to make you aware of that. So thank you if you would please Okay if my 30 years of building and developing dealing with hundreds of boards I Realized in over the years that the board members through their votes Have the final say on issues in front of that After decision has been filed with the town or county it becomes a final decision But in Portis case, this is not happen a Denial for CO for a class who license has been issued Exhibit a shows the permit issued from the Special permit board this shows that would a letter showing that It's been filed Exhibit B Shows the conditions that had to be met All these were done. There was inspections that are done with the plumbing the electrical The fire department everybody signed off on their permits There's talk about the lighting plan the management plan It was resubmitted to the board and approved all that was done one person Robert Moore and a letter from this more he writes Reason for denying the class to license But a closer look at the letter will show you he's making his own input Interpretation of what the board wants if you see in the exhibit what circled he's saying that it was over occupancy and He wants things demonstrated to him The board didn't ask for that the board was specific on what they want and I did every one of them All the agency signed off No issues for overcrowding were issued no facts about overcrowding was done Just simply mr. Moore wants extra things done. So the question is was mr. Moore Or the board controlling on what needs to be done for my permit to be full I Believe the board wanted if the board wanted a demonstration. They would have included it in the permit conditions Exhibit three mr. Moore as town official makes negative comments to the local business As a local business Saying they'll be keeping a close eye on Porter That's in there, too. It's on exhibit D a Release of a memo from the town Was released to the reporter on the massachusetts law chapter 4 section 726 We get in January 21st 2017 a record offices is only one that's supposed to give out Information and folders on documents held in the town for mr. Moore to give out documents I began to wonder why he would reach out to give this information to reporters in the same article police chief Levinson comments He went to support us or no problems But when he was pushed about the question about vial violations his comma comments was very telling He states sometimes the competition makes the complaints It's in there that old my eyes Who would be trying to stop port up to be a success and the answer was only one person That has been constantly trying to delay the class to license Which without the class to puts me out of business because as we know I need the Bar to help the restaurant and the kids don't go out to 11 o'clock So they're not going to go to a bar to 1130 and then can't get into the other bars Which are already packed to the gills already So that's number one So at that time I reached out to find out if mr. Mora had any business dealings With any of my competition It was amazed to find out that one of his best friends in longtime pal Was Chad the owner of the spoke and a business that was 200 feet away That's been hurt by our success in the past and found out that he's in regular contact With Chad and that he text messes it to him often and he's here today He could answer that question right now if he's text but Maxim Fort with Chad But the real question is he texting about Porter and what was said about that that that we need to find out The issue that was caused by mr. Mora in the past was the Senate police every day Reports we don't have a class to license shut them down We do not live in a police state The class to was issued if there's a problem with the co that he's refused an issue That I should have got a summons and then I refused then you go to a judge You don't send police officers to shut the place down by doing that cause Problems because everybody went out and my security which he's That's police chief said rich by everybody leaving fast. I can't manage everything. It's impossible That caused the problem that night Up to that point. We had no problems. The only problem is that I believe the class to licenses in fact if mr. Mora argues that the CO is not in fact that should be a summons issue But if anybody in the state wants to see if I have a class to license They go to the county or what's recorded of record and they don't ask well gee does the building commissioner? He didn't approve it. So why is it filed with the county? It's filed with the county for a reason and another thing the building commissioner shouldn't be doing inspections I don't know when's the last time he's done inspection. There's building inspectors for that. Why would he be at my? Establishment doing inspections that raises a couple of more questions for me. I believe the port has acted responsible in our security has done an excellent job We have Underage testing The only question was a management plan and the tips and certification and crowd control which I brought here Which I'm willing to show everybody that They're saying that they inspected that and it might not be good That's not a reason not to issue the permit. The board says the permits good It was filed if he wants to do his interpretation and say this is not good or there was crowds in there There's correct steps for that not hold back my class too So I believe I have a class to when if the issue goes any further. I have to go into federal court and Not against the town, but I believe this is a personal issue Nobody else everybody's been perfect gentlemen Well, lady, I have not had one problem until this issue in the last week on whether I have a class to license And that's all I have to say I would answer any question. Okay. Thank you. So We are primarily concerned with those issues that were were stated in the letter that was delivered to you a couple of days ago particularly related to Selling alcohol and drinks being consumed after the closing time failure to effectively check IDs failure failure to have food available During the time of alcohol service serving alcohol to minors sale of a pitcher to less than two persons And then permitting a disorder disturbance or a legality illegality on the premises. So those are primarily related, you know expressly to alcohol service and in some ways regardless of time of day so the particular concerns you have relative to the Billing commissioner and his release of your class to license which might are saying he has full Authority in that regard the way he has used it, but that's independent of the circumstances that we're we're dealing with This afternoon But I do want to ask do my colleagues have any questions for for the owner Yeah, I have questions concerning your representation that the chief of police told you that you had a class to license. I Didn't say that he he said he wasn't getting involved in that that argument So then what was it just quote if you have an article there from the police commissioner In the dessert, I just circled there to show you what he said if you read it He talks about the competition and they make the I didn't I didn't say anything You you were not here for the testimony from lieutenant Johnson earlier that your explanation for being open after 1130 Was that you had had a conversation with the chief of police that gave you the license to do so? Absolutely not so what was your conversation with he took my class to license. He has it on I brought it to my Says here's my class to show me where I'm not allowed to and he took it with him. He has it that was my excuse I didn't bring up the police chief for anything so I'm a little baffled because I don't think a class 2 was actually issued yet, but I again it may have been you know the the class to license was Contingent upon meeting certain requirements, which of course the building Commissioner is the one who signs off on those and so if Mr. McCarthy, could you offer some explanation? Is it issued and then it's contingent upon signature by the by the Commissioner or yes, Stephen McCarthy licensing coordinator for the town of Amherst So mr. Nunziata was granted his class to special permit at the Zoning Board of Appeals But he has not yet been issued a class to certificate of occupancy and you can see in your packet There's a letter from Commissioner more I did it April 2nd 2019 that states that there are some things that are still not being Completed with regards to the special permit. There's condition number seven which requires electronic ID checking Mr. More and I went on an inspection yesterday and found the ID checking was still not being done to a satisfactory manner as their Consultant said it wasn't fully in effect There's also staff training requirements have not been completed yesterday We were told that none of the bartenders have tips training, which was also a condition of the special permit So mr. Nunziata is waiting on his class to certificate of occupancy. Okay I just have a question that this letter is dated after the the police reports so at the on the date of the incident in question was The status of mr. Indiana's class to license clear that is a class to certificate of occupancy Which is outstanding it is not and has never been issued yet Which I cannot I respond Yes, please The class to was issued They told me how to file it in the county bring back a copy of it all the inspections has been done Anything after that about electronic testing if I'm testing if I'm not testing if nobody's testing It's irrelevant. It's not part of the process. There's no no Condition that says we're gonna come out and check your testing before this is issued. It was issued already My eyes and I think the legal eyes and the whole community when they see a class to was filed Licensed and signed by the board members. They're saying it's a class to now Mr. Moore has a different interpretation that there was a crowd there and now he wants to see different things done That's his priority. He could ask for whatever he wants But as far as the board is concerned, I met their requirements. They asked for a backflow preventer They asked for inspections. We spent a hundred thousand dollars. We met every one of them Anything I do in the future. You want to give me a violation? You can do anything you want But that class to his license The separate issue about that he didn't issue a CO is a separate issue If he doesn't recognize the class to that's a violation like a house if you live in a house, and you don't get a CO Police don't come and rip you out of the house and say you can't live there. You don't have a CO You there's a proper way to do it. You have to Give a chance to answer and it goes back and forth and a judge That's why we have judges in this country, but as far as the class to it was filed I met the conditions if mr. Moore refuses to sign the CO It's still his denial letter was directly Against the board so he's denying so which which one when the pop comes to the public now They see a denial from a building commissioner and approval from the board that's filed Which one do they go by and how does the commissioner decide? Well, you've got 30 days and you've got to do he can't interpret if you let him interpret it You guys are gonna lose your power because then he will control the permit issuant and how the board works And if we were in front of that board that night, they would agree with Did you understand that you did not have the certificate of occupancy granted under your license at that point? This certificate of advocacy I've met all all requirements for it But you understood you didn't have one you didn't issue one so you didn't have it you understood that yeah But I have a class to license right so the the the and again I want to keep us sort of on track here a little bit But I will point this out and in you know in order for your class to license to be fully in effect The certificate of occupancy must be Issued and until it is you you're you are in possession of a license, but it's not effective until you can Get that occupancy Separate from that however, I want to bring us as a board of license commissioners relative to the alcohol license I want to keep our focus on those things which relate to alcohol service and so things where The sale of a picture to less than two persons Serving under age those sort of things those are independent of Certificate of occupancy the fact they happened or were noticed after The closing is I think ancillary and I think that that's for us as License mission is relatively alcohol license. We're gonna focus our attention on that piece Mr. McCarthy you had a point. I just wanted to speak to you, Mr. Redslash earlier point that Relying to the March 21st Port of Daily Checklist it is true that Mr. Nunziano was not in presence that day But I did have communications them shortly thereafter and he confirmed He had received the Port of Daily the Port of Daily Checklist from his employees I've had numerous telephone conversations with him making very clear that service of all alcohol and food needs to end at 1130 And his license does have printed on it that it does service does end at 1130 Our procedure has been once a class to certificate of occupancy is issued then a new license will be printed with the full hours of service Okay, thank you Are there other questions? Yes, please Has there ever been a working ID scanner since Porter's been open because you came to us before The incident for a noise or a live music permit and the reasons Yes, we have one and we have one hooked up to the computer But the police ex-police Yes You wanted a certain one a better one that counts how many people that there's occupancy does both So we went out and got that but but up to that point we use in that one and this new one actually counts How many people are in the building? Okay, so I am encouraged by Your colleagues previous testimony relative to changes that are in you know in place and that report as well as far as the acquiring of a new More sophisticated ID scanner because I think that'll help Moving forward. Yes, if I may speak to a couple of the other particular instances that we're here to address today I'm just going down a list and these are from my notes from the back of the room As we were talking about The officers said they witnessed a number of people into the room. They said they weren't scanned electronically That does not mean that they weren't scanned is again. I have said multiple times. We had a fully trained former officer of the law scanning IDs of the door And and as he has stated and myself we do have readers in place now and have been working to implement them Also the statement about pizza. They said that when the officers asked they said it only runs 12 to 2 This is not the case. It's never been the case Pizza is all day. So that's not even I don't know how that's possible that someone would have said that But we definitely have all new staff. There's definitely a training issue Like I said, all the management has been replaced But that's never been the case the pizzas always run till 11 30 the full restaurant menu is open Until 10 o'clock Sunday through Wednesday and 11 o'clock Thursday Friday and Saturday So there was no clarification as far as on my end if it's an issue Does it have to be the full menu that runs the full hours or can it be a limited menu? Which was the pizza that was our understanding So there was a food offering that we keep definitely till 11 30 Again, what happened that night? I can't speak to I can only speak to our training and how we do our business going forward Obviously, we need more staff And as we discussed the lighting the music the TVs these are all items to be addressed and made to conform Other than that There is the one and I feel this is you know, I don't want to be nitpicky or argue semantics But when it comes to the single person that was seen with the pitcher of beer I know that it was asked to the single person have cups in his hands Well, I was not asked that crowd of people he was standing with that any of them cups You could have been the guy with the picture. I'm not saying that what happened or I wasn't there Other than that like I said, there's any particular questions you'd like me to speak to her address Any other questions for actually if Officer Farber could come back up and and actually address that last point that he made I would I would be Interested in knowing your answer about whether or not the people that were surrounding the person that had The pitcher was drinking directly from it. Did the did the people around him have cups was was there any indication that? he was potentially Serving them with that or it was his pitcher and everybody else had their own their own alcohol or beverages So in regards to that I Did see him drink directly from it. I did not see him serve any of his friends It doesn't mean that that did not happen, but I did not observe it myself. Sure. All right. Thank you very much. I Would like to ask a follow-up question just to the right person about the Authority of the town to take mr. Anziata's license away. I Mean, I understand that he doesn't have the class to co issued but I'm You said you were your physical license was taken from you that right? Oh, yeah. Yeah, and you haven't received it in return I Can testify that our inspection yesterday all three licenses were observed posted on the wall Excuse me other questions Was there anyone else that wanted to provide testimony for this? Hearing Seeing none I will officially close the hearing will do our deliberations after that will do a roll call vote to close The hearing so we'll call to close the hearing Doug Slaughter says aye Yes If you would like to yes So if you would like to come forward and so before we close the area as we won't close here so I'd like to come forward and just identify yourself a microphone and Good afternoon. My name is Ken. Hi retired police officer. I was hired to Oversee the checking your IDs and so forth the the testimony of the police department is Is just about 99% accurate dead on I mean we were having problems with the system The only that my understanding only cars were scanning with the ones that look questionable. I had another doormat on that night It's not the system. I recommended for the place, but it's the one we're using it's not going to be the one We are going to use but My understanding and I too was that we had the license and we were to be open until till one and you know to so That being said, I don't know what else you can ask me We I thought we were doing a pretty good job, but you know always do a better one And I could like I said the whole thing came was a big surprise to me When we were close down any questions for Thank you, it's appreciated So if there's not any other testimony either from the police officers town staff if not then I'll I'll move to To close the public hearing with the roll call vote slaughter says aye And so our public hearing is closed at 151 at this time we will The board will deliberate relative to What we've heard during the hearing Whether or not it will take action And so I think again, I'll remind ourselves as we have our conversation here about this is that we are Focusing our attention on those things stated in the letter relative to The alcohol license in particular And so I want us to keep our Focus on that and if if I could So our range of actions is fairly broad as it states in the letter anything from a warning Suspension revocation that sort of thing But I would like to ask our counsel of mr. Blank to kind of paint a little bit of a picture of sort of how ABCC sees these Kinds of things and what what their Frame of references when they look at this and so if you would please offer that to us sure mr. Chairman again I'm Jeffrey Blake from from KP your KP Law your town council and with respect to a Suspensions revocations or these type of disciplinary hearings before the appeal of the ABCC the ABCC likes to see a graduated Disciplinary schedule first offense typically has a as a lesser suspension revocation or Or written warning second offense you get it graduates and finally, you know third and fourth offenses You you typically will see in some instances revocations or in evidence suspensions It's my experience before the ABCC that you know the first one is typically an educational It's for education They also look to see whether or not the owners have taken Responsibility for what's gone on and have been receptive to what your board says I've seen I've seen the the range go anywhere from and it also depends upon the Circumstances, but from say a a written warning up to three four days Suspension in there and then as as we go up up the ladder second second offense more third offense more So that's what they're looking at These allegations here service of a minor service of somebody Pitcher to somebody who's Who's just drinking it? Failure to check IDs, which is kind of goes hand and glove with the service of the water are pretty serious violations so at the ABCC I think that they would They would frown upon an establishment Allowing this to go on especially when the establishment is is relatively new and should be should be trying to Really start off on the right foot. You know that being said there may be mitigating circumstances there, too So I mean you've heard what could be mitigating circumstances. They tried to comply, but that of course is going to be up to you Great. Thank you very much So it's now time for us to to have our discussion about what we think What action we might want to take or not? So I'm hoping to thoughts from my colleagues relative to where they are relative to what we've heard today Well, I think in a way the the very natural Penalty here is to be in the status of of the class one license longer than you hope for And so I don't know what power authority we have to structure The board may hold a public hearing to act reduce the hours of alcohol service by state law They cannot be reduced further than 11 a.m. To 11 p.m. But that hearing would require Separate notice, I believe it's a two-week advertising process So the board could consider to put that on a future agenda to consider reducing the hours of service for this establishment But that cannot be issued at this hearing tonight Right, I guess I was speaking to to its current status, which is lacking the certificate of occupancy to actually Be the class to that it's approved to be but hasn't quite borne yet, right? So That this is my initial thought is that the There's some learning opportunities and you spoke to how you're you're dealing with those and I'm persuaded by that and yet You jump too soon to the next stage and so that stage seems to be what You have to be in a little bit and and show conformity to the checklists that are in place that's Speaking from the top of my head. That's what I see as a fitting response here Inclined with whatever we come up with as well to Make mandatory the electronic ID checking and have some sort of notification system to the police department within 24 hours if there is a defect or an issue with the ID checking so that the police department's aware Can I just make one comment not at this time? We're just doing our team. He was providing additional information relative to We're not going to take your statement at this time He was clarifying the situation of what we as a body could act and do what actions we could take and that that was all he Was providing is just information relative to to what actions are available to us And that would be relative to the actual chain your your alcohol license hours of service So I think the the to sort of start the the conversation for me and listening to the to the testimony of the officers and and you know, I am encouraged by some of the changes that have been offered as as changes to management and some additional Software and being allowed or being brought online to check IDs a little more Accurately than than just visual inspection, but but I am concerned You know, we have a clear case of serving alcohol to minor that again regardless of Certificates of occupancy that's that is very problematic to me, especially in the college town We're very very cautious about that conscientious about that The sale of a picture to less than two persons Again, I think the case is fairly clear that was what happened The And then you know the question of selling of alcohol drinks after the mandatory closing time And I think that that you know food was not available when a person asked for it And so I think that is a requirement of of the liquor license. So that one's clear to me. I Think there's some some question relative to the certificate of occupancy the class two license Can you be open later? Can you not be open later? I think it's been made clear and it was clear all along to to ownership that that you know that 1130 was the ending time I can understand where other staff may not have been as aware of that over that evening You know the odor was on on hand But I think independent of that for me. I'm disturbed by those other factors that are fairly clear cut and and I do think that there is a an appropriate response to that and and I I do think there's some some additional pieces to the license that we would consider as far as the ID scanner I think we've we've had conversations were new boards So we've had conversations about how we might be changing our own regulations and structuring them Around things like ID scanners and having those be a part of the license requirement. We may Given that there's been an issue Make that a part of that I wouldn't be opposed to that as a potential thing I think the other thing for me is given the the the pieces that are fairly significantly You know clearly in violation. I'm I'm leaning towards a short But potential suspensional license I'm thinking sort of three days, but that's sort of what I'm offering as a suggestion for us to discuss We'd have to decide if that's the right number of days and or when those days would be There are you do have with the ABC the ability to appeal But that that is a longer process and and we can have staff informing about that if you aren't aware But I would put that as an as initial suggestion of something we might discuss as far as action on our part Does anyone have comment or I mean I I Guess I would like to know when the this certificate of occupancy will be issued and what what the conditions are on that because that's its own punishment, it's currently happening to the business and So I'd like to know the answer to that before we added anything on top And I'd also like to have some predictability about when the certificate of occupancy will Will issue so that the license to be open later goes into effect Okay, so in that regard Mr. McCarthy do you have particular details on that or should mr. Moore answer that question and please correct me if I'm wrong Mr. Moore, but there is the letter that was written by the building commissioner on April 2nd 2019 that does state there are certain outstanding items listed in the zoning board of appeals special permit that have not been satisfied yet That includes one of the conditions was for checking guests identification with the state of the art electronic ID detection system mr. Mora and specter Roy Building inspector with Skevitz and I were on the site of port yesterday and spoke to the head security officer and some other staff Regarding their ID checking operation. They do have a Cell phone based ID system that they demonstrated to us But they said they are waiting for more technology to come in regarding the account Which also goes into the next problem They are having regarding your certificate of occupancy, which is that they have not demonstrated they can Conform to the 170 guests certificate of occupancy So we would be looking to see that technologies in effect and demonstrated to us and to inspector Roy's Satisfaction that that is working. They also required to have door staff and bartenders be crowd control trained and all managers and staff Should be tip certified yesterday. We were able to see crowd control certificates mostly dated April 2nd for some staff But they did not have anybody on staff with tips certified So it's my understanding that the class 2 certificate of occupancy will issue And a wheel issue once Mr. Mora has seen his satisfaction those conditions have been satisfied Those are the only remaining outstanding issues to your knowledge. That is my understanding. Yes, okay Thank you. So I'm gonna pose a question to you gentlemen just relative to those three items Sounds like the electronic ID checking is coming along rather rapidly Some of the training is in place. Do you know when you should be in place to meet that every shift? We have when I go to men show up going to be having everybody come in early and install the app and go through a testing a training There are nine tips tip certified certified employees So it does sound as though that the the certificate of occupancy is close to being ready to go and yet the the occupancy there was a State of the art system that we were looking into we're automatically counts people entering and exiting the building But to the best of our understanding the technologies that we found which we did review with Amherst fire was that it added people as they went into the building, but it didn't deduct right so Other than that baseball clickers is the latest greatest technology that does so Subject to human error. So we are still working on that. Okay all right Is it in our authority to say that these the CEO shall not issue before a certain date Certificate of occupancy is not within the board of license commissioners purview however, the board would like to consider there was talk of strap restrictions hours of service until a More effective management had system had been found it would be within the board's purview schedule I believe it's two weeks made Mr. Blake and correct me, but there was a notice period To hold hearing on restricting hours of service so the board could put that on future agenda if they are so interested I'm inclined to let nature take its course on the certificate of occupancy building commissioners review and and issue a formalistic Penalty whether it's Are you suggesting that that shouldn't the penalty should wait until the no Just we act independently with the authority that we have that that process seems to be on its on its way And and in a reasonable order and we can just you know speak to the importance of for example always having food available and making sure that your systems are in place and And not to be operating without a certificate of occupancy You know, I was very pleased to be on this commission when we granted you the entertainment license and disappointed that We have to deal with this today So we've got a bit of consensus there will take a formal motion in a moment. I think the secondary piece is what what days Would be the effective days of that I Would be inclined to go with weekdays so To do in C3 Yes soon and Soon and However, many we decide one one two or three on a weekday. Yes, that would be my inclination So if someone would like to make a motion relative to that either no Well, and it would need to specify number of days and and which days and expressly identify The counter so you may have to get out a counter to note that because we want to be clear about that The other thing it would go with any suspension is that they would be required to On the door the entryway of the business note that no alcohol service would be occurring during those days of that food service Is certainly allowed You know, we're not saying you can't open it all We're just saying you can't serve alcohol if that's be the movement of the board and in what way they go So if someone would like to offer a motion one way the other Go right ahead I can find one quickly next week Tuesday Wednesday Thursdays the 9th 10th and 11th it will be the ninth April 9th 10th and 11th 2019 Is there a second So a motion is second These involve a suspension of license for three days the 9th 10th and 11th of April Is there further discussion other comments or offerings from the board if not All those in favor, please say aye Hi opposed Same so the motion is passed. It's 4 to 0 With one member absent Again, I'm encouraged by the actions you guys are in in place putting in place right now regarding your your tip certification Your crowd control your your ID chat, you know scanning that sort of thing You know, we are Serious about you know good alcohol control. We don't mind people having a good time We understand we've got a lot of college students They're gonna press you guys to to try to sneak in that's part of why we're very serious about this sort of thing And that's I think why the board took the action it did And we hope that that we can move ahead in a way that's constructive So thank you both very much. I would just like to confirm if the board would like to add an agenda item on the next Bill meaning should be the 22nd to consider a restriction of hours of service This would not obligate the board to do so but if it's noticed then the board could consider it at that time if necessary I'm not inclined but I want to check I think I think waiting for the To comply and to receive the CO is is its own is its own pain understood. So I think yeah, that's not necessary But thank you for asking clarifying So at this time in our agenda we have an opportunity for public comment again under public comment I was I indicated this beginning meaning I'll do this again now anyone can offer a public comment It can be relative to topics under our purview What I do not want to do is necessarily talk about Things related to the hearing we just had necessarily because we've sort of taken that business under our under our Purview and acted on it. And so I think we're We're done with that. So is there anyone here for public comment? Seeing none. Are there any other topics that anyone needed to bring up relative to? Anything else so just as a quick note our next meeting is next Monday. I will not be here So, oh, we have it. We still have a meeting still have it our regular schedule meeting next Monday And I think there's a few items on that And so hopefully you'll get your agendas and packets in the next couple of days So barring any other thing I will ask for a motion to adjourn Is there a second all those in favor, please say aye. Aye. And so we are adjourned at 209 p.m Thank you