►
Description
City of Boston Licensing Board Entertainment Application Hearing 5-18-23
B
Okay,
can
you
hear
us
for
now.
A
We
can
hear
you
for
now
we're
going
to
ask
you
to.
Please
remain
on
mute
unless
or
until
you
are
testifying
before
the
entertainment
division.
A
Great,
thank
you.
It
looks
like
one
other
person.
Zeke
Hernandez
is
still
connecting
to
audio,
so
the
wages
come
on.
A
Is
this
you
yeah,
okay,
great
and
while,
while
we
have
you
before
we
get
started,
is
it
possible
to
turn
your
camera
on?
We
will
need
to
swear
you
in
at
some
point.
C
Can
you
see
me
through
my
computer?
No,
no,
okay,
I
might
need
your
assistance
on
that.
How
do
I
do
this?
Let
me
see
if
I
can
do
it
on
my
phone
now
my
phone
won't
work
out.
C
C
A
There
we
go
now,
we
can
see
you,
you
got
me,
you
got
me.
Yes,
thank
you
very
much
great.
So
we're
about
to
get
started.
D
C
You
no
not
not.
It's
Franklin
that
you're
talking.
A
A
A
F
A
Is
an
administrative
hearing
before
the
Mayor's
Office
of
Consumer
Affairs
and
Licensing
today
is
Thursday
May
18
2023..
This
hearing
is
being
conducted
pursuant
to
certain
temporary
amendments
to
the
open
meeting
law.
That
is
what
allows
us
to
meet.
Virtually
this
hearing
is
being
recorded
and
will
be
posted
to
the
city
of
Boston's
website.
A
We
are
joined
today
by
the
executive
director
of
the
Mayor's
Office
of
Consumer
Affairs
and
Licensing
Kathy
Joyce
and
director
of
operations.
Rebecca
I
will
read
into
the
record
today's
agenda
item.
I
will
then
ask
who
is
present
on
behalf
of
the
licensee
and
who
is
president
on
behalf
of
the
Boston
Police
Department,
after
which
I
will
Square
in
all
parties.
The
police
report
will
then
be
reading
to
the
record,
followed
by
a
statement
by
the
licensee
and
questions
from
the
executive
director.
A
Thank
you,
Mr
Hernandez.
If
you
could
identify
yourself,
please
your.
A
F
A
Thank
you
very
much
who
is
president
on
behalf
of
the
Boston
Police
Department.
A
Thank
you
very
much.
Sergeant
Holden.
If
you
could
please
proceed
reading
the
police
report
into
the
record.
E
Yes,
absolutely
good
afternoon,
all
at
about
12
56
a.m,
on
Monday
03,
13,
23
officers,
Ortiz
and
rather
in
the
gold
201
Alpha
responded
to
a
radio
call
for
an
unknown
problem.
Instead
inside
of
enfara
restaurant
and
bar
at
127,
Maverick,
Street,
East,
Boston
also
Doran
and
the
499
also
responded
on
scene
for
assistance.
E
On
arrival
officers
observed
several
intoxicated
Hispanic
males
outside
of
the
bar,
who
were
indicating
that
there
was
an
altercation
that
took
place
inside
the
bar
prior
to
the
arrival
of
the
police.
Personnel
officers
spoke
to
Bar
security
staff,
member
Andres
Toro,
who
stated
that
there
was
a
fight
between
a
male
and
a
female
couple.
E
E
While
speaking
to
security
officers
observed
Hispanic
male
exit,
the
bar
he
appeared
to
have
a
small
laceration
on
his
left
eyebrow
and
identified
himself
as
Ricardo
a
Tejada.
He
indicated
that
the
incident
involves
him
and
his
wife,
who
identified
as
Adriana,
Rojo
Mr
Tejada,
appeared
to
be
under
the
influence
of
alcohol
and
was
having
trouble
giving
officers.
E
He
stated
that
Miss
Rojo
then
fled
the
scene
and
was
possibly
enroute
to
their
Residence
at
427
Saratoga
Street.
He
was
advised
in
his
209a
rights
under
Massachusetts
general
laws.
Officers
requested
a
Medical
Response
for
evaluation
purposes,
Boston
EMS
Ambulance
one
alpha
27
responded
to
the
scene
and
transported
to
hottest
and
Mass
General
Hospital
for
further
medical
evaluation
and
treatment
officers,
broadcasted
the
physical
description
of
suspect
Rojo
via
Channel
2,
and
made
an
attempt
to
locate
her
at
a
residence
at
427,
Saratoga
Street
to
no
avail.
E
It
should
be
noted
that
the
district
7
Patrol
supervisor,
myself
Sergeant
Holden,
responded
to
the
scene
and
made
contact
with
the
bar
manager.
Oscar
Guzman
I
I
issued
a
license:
premise:
violation:
number;
zero;
two:
two:
seven,
eight
three
for
the
following
number:
one
ambdw
bottle
between
patreon
and
patreon;
entertainment,
violation,
DJ
on
premise,
and
a
noise
violation
being
over
70
decibels.
A
Thank
you
very
much
Sergeant.
Would
the
license
you
like
to
address
the
alleged
incident
Mr
Hernandez,
Mr,
Guzman,
Miss
Gallego
would
like
to
address
the
incident.
Yes.
C
A
Okay
and
sorry
before
you
begin
just
to
clarify
the
subject
of
this
hearing
before
the
consumer
affairs
and
licensing
office,
is
the
entertainment
violations
which
are
the
unlicensed
DJ
and
the
noise
violation.
The.
C
Right,
but
we
would
just
like
to
clarify,
because
the
guy
was
never
hit
with
a
bottle.
We
have
provided
the
video
of
to
the
detective
in
which
they
can
clearly
see
that
the
the
lady
hit
him
with
the
hand
it
was
no
bottle
involved.
There
was
not
nothing
like
that
and
then
the
lady
just
left,
okay,
the
premises.
D
C
Premises,
don't
do
not
have
a
DJ
I
was
sitting
there
and
I
was
making
an
announcement
for
the
last
call
just
to
let
people
know
to
leave
the
premises
that
pay
your
tab
and
work
out.
C
I
understand
that
we've
been
charged
also
for
those
70
decibels
and
and
there's
only
the
front
door
if
you're
on
the
mic
and
you
open
the
front
door.
Obviously
the
Sun
is
going
to
come
out
much
louder.
Then.
If
you
have
everything
open
and
I
think
that's
why
we
got.
We
got
this
violation.
D
D
C
I
was
announcing
the
last
call
to
make
sure
people
pay
and
and
walk
out
of
there
just
to
help
out
to
enter
the
premises
as
soon
as
possible
the
door
the
front
door
opens
and
close
it
so
I
asked
my
assumption
is
that
when
he
opened
that's,
when
I
was
on
the
mic,
announcing
the
last
call
to
get
people
out
of
they
had
to
pay
for
the
tax
and
to
have
them
bring
the
premises
as
soon
as
possible.
C
When
probably
the
officer
heard
the
noise
or
me
talking,
if
you,
if
you
check
our
records,
we
we
don't
have
any
noise
complaints
from
any
anybody
in
the
area.
We
have
always
have
everything
on
a
in
that
normal
sound
can.
C
Role
here,
I'm
just
comes
in
and
just
sit
down,
have
a
few
drinks
and
sometimes
try
to
help
them
out,
and
that
day
I
was
the
one
making.
The
announcement
for
the
last
call.
D
D
C
D
D
But
that's
fine.
Ultimately,
her
name
is
on
the
license,
so
she
is
one
responsible
for
everything
that
goes
on
inside
yeah,
so
was
Oscar
there
that
night.
Yes,.
F
C
We
don't
have
any
entertainment
just
to
make
announcements.
The
last
call
things
like
that
minor
things.
E
Yes,
ma'am
it's
Sergeant
Holden.
Typically,
when
I
first
get,
there
I'll
use
an
app
on
my
phone
to
measure
the
decibels.
I
also
carry
a
separate
handheld
adjustable
meter.
If
it's
in
dispute,
when
I
got
there
and
took
the
initial
readings,
the
doors
were
not
open
and
I
did
several
readings
with
the
doors
open
and
closed.
So
when
I
give
you
the
over
70,
it
was
probably
85,
even
with
the
doors
closed.
Okay,.
D
And
so
when
you
walked
in
was,
can
you
describe
in
your
own
words?
What
kind
of
entertainment
you
saw
being
offered.
E
Yeah,
given
the
amount
of
noise
and
the
music,
that
was
at
the
time
that
we
were
there
still
going
on,
I,
went
inside
the
The
Establishment
and
observed
what
I
typically
see
as
a
DJ,
which
is
a
gentleman
operating
off
of
a
desktop
I
made
a
laptop
computer
used
to
store
songs.
C
C
Not
necessarily
because
I
basically
come
here
to
just
chill
out
not
to
not
to
work,
but
that
day,
because
we
have
a
little
bit
crowded,
I
just
started
making
the
announcement
of
the
last
call
to
make
sure
people
get
out
and
because
we
know
that
there
was
cops
outside.
We
just
want
to
get
everybody
up
out
of
here
as
soon
as
possible.
Okay,.
E
Not
that
I
recall
I
I
was
they
were
across
the
room
for
me.
So
as
soon
as
I
saw
him
with
his
microphone
and
his
and
his
laptop
I
didn't
make
an
issue
of
whether
or
not
he
was
letting
the
songs
play
on
their
own
or
whether
he
was
going
in
and
selecting
them
like
I
said.
Typically,
that's
what
we
find
for
for
a
DJ
set
up
in
an
establishment
like
this.
E
I
wouldn't
say
they
were
uncooperative.
I
was
a
little
bit
peeved
that
the
initial
incident,
their
first
response,
was
not
to
call
us
there's
or
an
ambulance.
Theirs
was
to
call
an
off
off-site
manager
to
come
down,
yeah
I
would
say
generally
they
were
Cooperative
I'm,
not
sure
they
really
understand
exactly
what
the
violations
are.
E
Typically,
in
that
neighborhood,
the
ambient
noise
is
fairly
High
anyway.
Okay,
unfortunately,
when
you
add
the
bar
noise
into
it
as
well,
it's
it's
well
above
the
limits
and,
like
I
said
I,
don't
think
they
really
understand
what
their
entertainment
license
allows
them
to
do
music-wise.
G
D
C
D
Okay,
we'll
check
and
see
if
that
video
shows
you
know
the
area
where
the
laptop
is.
D
C
D
Do
you
understand
the
noise
ordinance
in
the
city
of
Boston
about
sound
decibels
at
certain
times?
Yes,.
D
So,
do
you
have
a
solution
for
what
to
do
with
the
door.
C
Yes,
as
I'm
talking
to
them
right
now,
they
they're
gonna
buy,
get
the
decibel
meter
and
just
to
make
sure
that
we
don't
go
over
the
limits
anymore.
That
would
be
the
first
solution
and
then
hopefully
in
the
future,
we
can
put
something
in
right
before
the
main
door,
so
the
noise
doesn't
carry
out.
D
Okay
I'm
going
to
ask
director
Foo
if
she
has
any
questions
that
I
may
have
missed
before.
G
Yeah
so
Zeke
or
Claudia
Oscar,
so
for
the
door.
If
it
does
get
loud,
you
could
get
like
a
sound
curtain.
Some
restaurants
have
it
to
help
cover
it.
Also,
sound
meters
cost
a
lot
of
money.
You
can
use
your
phone,
it's
not
the
best,
but
it
The
Sound
can
be
okay.
You
can
use
that
and
just
outside
the
premise,
the
noise
ordinance
does
not
allow
sound
to
go
over
50
decibels
after
11
pm.
So
that's
something
to
note
yeah.
G
So
maybe
the
sound
will
help
with
the
curtain
will
help
with
that.
I
do
have
a
question
for
sergeant
Holden.
You
stated
that
you
used
an
app
on
your
phone
and
you
also
have
a
handheld
decibel
meter.
That's.
G
Okay,
thank
you.
Yep
and
I
have
sorry
one
more
question
for
Zeke.
Why
do
you
guys
have
a
microphone
on
the
premise.
A
B
Madam
she
has
Sergeant
Gallagher.
Here
we
have
responded
to
noise
calls
in
the
past.
They
were
from
the
new
building
that
was
actually
behind
nafara.
We
haven't
had
them
recently,
but
we'll
be
more
than
happy
to
go
out
and
do
a
sound
reading
for
them
when
and
if
they
want,
and
we
could
help
them
download
that
sound
app
to
their
route
to
their
iPhone.
It's
got
a
pretty
good
reading,
I
think
it's
plus
or
minus
two
decibels.
B
So
if
11
o'clock,
if
you're
hitting
70,
it's
definitely
no
good
but
we're
more
than
happy
to
help
out
here.
Thank
you.
Good
luck,.
A
Thank
you
for
that,
any
other
anything
else.
Anyone
would
like
to
testify
to
this
afternoon.
A
If
there
is
no
further
testimony
that
will
conclude
this
afternoon's
hearing,
the
entertainment
division
will
take
this
matter
under
advisement
and
the
executive
director
will
issue
a
written
decision.
Thank
you
everybody
and
have
a
great
rest
of
your
day.
Thank
you
very
much.
Thank.