►
Description
City of Boston Entertainment Board - Violation Hearing - 1/11/22
A
Good
afternoon,
this
is
an
administrative
hearing
before
the
mayor's
office
of
consumer
affairs
and
licensing
today
is
january.
11
2022..
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
kathleen
joyce
and
director
of
operations
rebecca.
Please
do
mute
yourself
if
you
are
not
appearing
or
testifying
before
the
report.
At
this
moment
I
will
read
each
item
on
the
agenda
as
it
in
the
order
that
it
appears
on
the
agenda.
I
will
then
ask
who
is
present
on
behalf
of
the
licensee.
A
I
will
then
ask
who
is
president
on
behalf
of
the
boston
police
department,
after
which
I
will
swear
in
all
parties.
The
police
report
will
then
be
read
into
the
record,
followed
by
a
statement
by
the
licensee
and
questions
from
the
executive
director
calling
item
number
one
beacon,
hill
pub
llc
doing
business
as
beacon
hill
pub
located
at
147
to
149
charles
street
date
of
the
incident
december
18
2021
loud
disc,
jockey,
music
emanating
at
72
decibels
after
12
a.m.
B
C
A
C
The
detectives
approached
the
front
door.
They
could
easily
hear
loud
amplified
music,
just
jock
emanating
from
inside
the
premise
going
out
into
the
streets
in
a
bunny
neighborhood
science,
detective
gallagher
issued
excuse
me
utilized
a
sound
meter
and
recorded
an
average
decibel
reading
of
72
decibels.
Outside
of
the
premise
detectives
made
note
of
the
time
it
was
approximately
12.
10
am
boston.
Noise
ordinance
states
that
the
decibels
may
not
exceed
50
decibels
after
11
pm,
while
reviewing
the
establishment's
licenses
and
certificates.
Detectives
also
observed
that
there
was
no
current
inspectional
service
department
certificate.
C
Posted
a
display
certificate
had
expired
in
11
5
20
20.
detectives
brought
this
to
the
attention
of
the
person
in
charge.
Mr
joe
queeley,
as
a
result
of
what
detectives
observed,
china's
detective
gallagher
issued
licenses
license
premise:
inspection
notice,
zero,
six,
zero,
nine,
eight
nine
for
dj
music
dominated
beyond
premise
at
twelve.
Ten,
with
an
average
decibel
reading
of
72
decibels
and
no
current
isd
certificate
post
students
to
quickly
sign
for
an
accepted
notice
as
well.
B
Brief
on
some
questions
for
the
detective
detective
good
afternoon,
just
a
couple
of
things:
there
was
other
ambient
noise
out
there,
such
as
mass
general
hospital
ambulances
and
the
highway
along
the
street.
Correct.
B
So
my
question
is:
is:
is
there
a
highway
or
any
a
hospital
that
is
across
the
street
for
the
premises.
B
All
right
and
and
and
so
there
is
sound
from
from
there
in
the
street-
that's
all
just
one
question
on
that
detective.
Yes,
sir,
okay
and
did
the
licensee
cooperate
very
much
all
right
and,
and
since
then
has
there
been
any
noise
complaint
or
radio
call
for
saying
not
that.
I'm
aware,
sir
all
right.
Thank
you.
Thank
you
for
your
time
detective.
B
We
just
have
one
witness
that
we're
going
to
put
on
chairwoman.
I
I
am
under
the
understanding
that
you
got
the
updated
ins
inspection
certificate.
Is
that
correct,
or
do
you
just
need
me
to
send
that
in
because
it
has
been
updated.
F
I'm
not
sure
we
have
it
if
you
could
just
send
it
to
us.
Please.
B
G
Yes,
my
name
is
jeremy
scala
and
I'm
the
assistant
manager
at
beacon
of
hub.
So.
B
G
I
did
at
the
conclusion
of
that
night.
I
spoke
to
the
employees
that
were
working
that
night
and
got
a
statement.
Okay,.
B
And
really
more
important:
what
what
has
the
premises?
What
have
you,
what
is
the
management
team
done
as
a
result
of
this.
G
We
put
in
procedures
to
to
do
walkthroughs
around
the
premises.
We
purchased
a
decibel
reader,
something
like
this
to
make
sure
that
we're
in
compliance
as
we
walk
around
the
building,
we
have
placed
limiters
on
the
amplifiers.
We
had
a
sound
tech,
come
in
test,
all
all
the
volume
everywhere
and
put
limiters
there
and
there's
a
procedure
with
new
djs
to
discuss
these
sound
levels
and
how
this
affects
the
neighborhood.
G
B
And
since
the
you've
said
that
you've
purchased
the
sound
metering,
you've
done
some
perimeter
walks.
What
is
the
during
the
the
evening
hours?
What
is
the
decibel
reading
with
the
music
on
and
with
the
music
off
after
the
premises
are
closed.
B
Okay
and
has
anyone
else,
I
understand
it's
this
one
person
who's
complained.
Does
anyone
else
ever
complain
about
the
sound.
B
And
with
respect
to
the
person
who
has
complained
about
the
sound,
have
you
have
you
given
them
your
cell
phone,
so
they
could
call
or
text
you?
Yes
and
just
have
one
moment,
children.
B
With
that,
I
have
no
further
questions
with
mr
scanlon
other
to
just
present.
You
know
we
we've
we're
we're
trying
to
do.
We
are
doing
everything
that
we
can
to
make
sure
that
this
has
been
remedied.
B
I
think
that,
with
the
purchase
of
the
sound,
the
sound
decibel
meters,
which
are,
as
we
all
know,
imperfect,
it's
probably
the
best
thing
that
can
be
done
to
add
that
second
layer
of
protection
or
to
make
sure
that
the
sound
stays
within
the
limits
and
the
the
neighbors
are
not
disturbed
with
that.
I
just
ask
that
you
take
their
what
they're
doing
now
into
consideration
as
you
deliberate.
E
D
I
have
seen
them
they.
I
think
it's
adequate
once
again
at
11
o'clock.
It
drops
down
to
50
and
we
did
our
song
reading
after
11.,
so
even
if
it's
off
by
five
or
six
decibels,
if
he's,
if
he's
pinging
at
72
he's
he's
got
something
to
worry
about,
but
this
caller
we've
had
issues
before
probably
pre-covered
the
sound
system
and
the
dj
is
set
up
pretty
close
to
the
proximity
of
the
carlos
bedroom.
It's
a
very
old
building,
there's,
probably
not
much
in
soundproofing
we're
out
back
that
night.
D
There
was
a
gentleman
that
was
open
the
door
that
he
was
taking
out
some
trash
and
it
also
amplified
the
music
to
a
higher
level.
I
think
they're,
aware
of
that
now,
and
hopefully
we
can
move
forward
and
no
more
calls.
E
E
Have
you
have
you
spoken
to
this
person
this
neighbor
since
you've
made
these
changes
to
see
if
they're
still
impacted
by
the
noise.
E
Okay,
okay,
I
don't
have
any
questions,
I'm
just
gonna
ask
rebecca.
Do
you
have
any
questions?
I
have
no
questions.
Okay,
all
right!
Thank
you.
A
Thank
you
so
much.
Thank
you.
The
executive
director
will
take
this
matter
under
advisement
and
we'll
issue
a
written
decision.
Thank.
B
A
Now,
calling
item
number
two
identity,
food
llc,
doing
business
as
pollo
centro
located
at
225,
a
bowdoin
street
in
date
of
the
incident
december
17th
2021
amplified
music
via
disc
jockey
and
computer
after
11
pm
entertainment
license,
prohibits
live,
entertainment
after
11
p.m.
On
fridays,
who
is
present
on
behalf
of
the
licensee
miguel
santana
manager,
thank
you
and
who
is
president
on
behalf
of
the
boston
police,
oh
department,
thank
you.
Can
you
both?
Please
raise
your
right
hand.
A
C
As
detectives
approached
the
front
door,
they
could
easily
hear
amplified
music
emanating
from
inside.
The
premise
detectives
made
note
of
the
time
it
was
approximately
11
30
p.m.
Detectives
were
aware
that
one
of
the
conditions
of
the
establishment,
establishment's
entertainment
license
was
that
live
entertainment
was
cease.
Operating
at
11
pm
detectives
deserved
what
appeared
to
be
a
dj
playing
music
from
a
computer
detectives
brought
this
to
attention
the
person
in
charge,
mr
miguel
santana.
C
As
a
result
of
what
detectives
deserve,
trying
to
take
the
calgary
issue,
the
license
partners,
inspection
notice,
zero,
six,
zero,
nine,
eight,
eight
four
for
amplified
music,
I'm
gonna
heading
after
the
11
p.m,
entertainment
license
restriction.
Mr
santana's
iphone
accepted
the
notice.
H
I
apologize
for
my
connection
as
I
am
outside
the
country
dealing
with
a
family
there.
So
if,
at
any
point
in
time
we
have
any
issues,
I
apologize
and
up
front.
So
what
happens
is
I
was
in
the
kitchen
where
the
detective
came
in
and
we
had
someone
running
wires
in
the
back.
The
detective
made
me
aware
that
there
was
an
email
sent
for
corrections
in
the
licensing
at
the
time.
H
H
As
detective
fernandez
can
see
clearly
that
the
email
was
not
open,
it
was
on
the
span.
He
proceeded
to
resend
the
email
and
show
to
me
that
we
previously
previously
have
received
an
email.
I
have
been
complying
with
the
licensing
board.
My
business
has
been
open
for
the
past
five
years
and
we
have
complaints
from
the
neighbor
in
the
past
we
last
week
after
the
incident
we
put
soundproofing
in
the
back
door
and
there
was
no
dj
plane.
H
We
had
a
usb
plane,
as
officer
gallagher
explained
to
me,
amplified
music
coming
from
my
computer
or
a
usb
is
considered
a
dj,
which
I
was
not
under
that
impression.
I
apologize.
We
don't
have
djs
on
fridays.
The
only
day
we
have
djs
when
we
run
live
entertainment,
we
rent
a
space.
It
will
be
a
saturday
we,
we
never
have
djs
during
the
week,
nor
on
the
weekend,
except
for
the
days
that
we
do
have
rent
the
space
out.
H
He
he,
the
detective,
observed
that
it
was
one
table
that
was
there
and
the
person
that
he
saw
coming
out
of
with
my
brother
picking
up
some
wires
from
the
dj
booth.
He
explained
to
me,
I
saw
a
person
coming
out
of
there
had
to
be
a
dj.
H
The
person
didn't
look,
not
nothing
like
a
dj.
He
was,
he
was
dressed
for
kitchen,
so
I
guess
the
dj
will
be
dressed
properly
to
be
outside
dealing
with
the
public,
but
it
would
never
happen
I
since
then
we
took
the
approach,
we
we
don't
have
music
playing
coming
from
there.
We
put
the
ambience
music
and
that's
the
approach
that
we
took.
E
H
I
I
understand
mr
chair,
mrs
chairwoman,.
E
H
Will
you
monitor
that
yeah,
the
the
decibel
as
officer
gallagher
testified?
It
was
then
as
loud
as
should
be
at
a
club
I
mean
it
was.
It
was
a
bit
loud
for
ambience
and-
and
I
and
I
admit
to
that,
but
there
was
no
dj
playing
it.
So
we
have
a
usb
that
we
actually
connect
to
the
computer
and
we
just
hit
playlist
and
any
place.
We
play
music
for
the
clients
while
they're
there,
but
one
we
have
one
table
so
it
really.
There
was
no
need
for
that.
E
H
Well,
we
we
explained
to
the
staff
that
during
those
days
that
we
have
the
time
restriction,
which
is
11
pm,
the
speakers
they
should
be
playing
should
be
the
speakers
that
are
located
above
in
the
ceiling,
not
the
speaker
that
is
actually
coming
from
the
back.
So
we
have
two.
We
have
two
stereo
system.
H
We
have
one
under
the
counter
which
officer
gulliver
testified
to
that
when
he
came
in
to
deliver
the
citation
or
the
notice
of
the
hearing
as
he
came
in,
he
noticed
that
the
music
was
submitted
from
the
ceiling
not
from
the
from
the
base.
So
we
trained
and
spoke
to
the
staff
that
by
10
30
10
45,
they
should
be
playing
only
the
music
coming
from
the
ceiling.
H
Sure
that
shouldn't
be
a
problem,
but
I
reassure
you
that
if
the
music
that
is
actually
playing
from
the
ceiling
would
not
come
outside,
but
I
will
make
sure
that
I
have
someone
monitoring
the
situation,
so
it
won't
happen
again.
Actually
I,
if
I
may
add
the
night
before
the
detective
came
in,
we
had
detectives
that
came
in
from
c11
that
can
testify
it's
a
reading.
H
E
F
E
H
If
I
may
add
something,
this
is
chairwoman,
this
there's
a
problem
that
we
have
that
I
believe
everyone
at
the
licensing
board
is
aware
of
because
this
has
been
going
on
for
quite
a
while.
H
We
have
two
neighbors
in
the
back
that
actually
previously
owned
the
building
and
they
lost
the
building
to
me
and
my
family,
and
it
was
a
business
that
they
used
to
own
from
the
previous
bar
that
was
there
years
ago
and
when
they
lost
the
building,
they
made
it
clear
that
they
were
doing
whatever
reports
I
mean
they
relentless
they
make
calls
even
when
nothing's
happening
the
police
been
there
in
several
occasions
when
they
show
up
and
they
find
nothing
going
on.
H
I
had
nights
that
I've
been
sitting
there
with
my
staff
and
police
show
up
and
and
say:
oh,
we
were
called
for
loud
music
when
nothing's
been
playing,
I
mean
they
made
it
rebecca,
came
sometime
in
the
past
and
any
music
that's
played
by
anything
within
a
block
from
from
my
restaurant
is
playing
to
boil,
and
I
mean
it's:
it's
it's
they're
relentless.
They
make
calls,
you
know
music
being
playing
some.
H
I
believe
it
was
a
saturday
there
was
a
car
there's,
a
barbie
shop,
a
block
away
from
boyle,
which
police
can
testify
that
they
can
always
hear
the
music
emitting
from
a
car.
They
sit
there,
they
drink,
they
open
their
car,
their
blasted
music.
Also,
the
people
on
northern
street,
which
is
the
south
side
of
the
restaurant
on
that
street.
They
play
the
music
and
and
they're
back
in
the
backyard
they
run
barbecues
and
they
play
the
music
three
one
one
gets
the
call.
E
Had
we
understand
we
understand,
I
understand
that,
and
I'm
aware
I
should
say
I'm
aware
of
those
sorts
of
calls.
I
just
think
if
you
could
commit
to
having
a
staff
member
go
outside
the
licensed
premise
to
determine
whether
or
not
the
music
could
be
heard
on
a
regular
basis.
That
would
that
would
be
helpful.
F
E
All
right,
thank
you
very
much.