►
Description
City of Boston Entertainment Board Administrative Hearing 8-3-21
A
Just
give
it
a
minute
for
folks
to
come
in
from
the
waiting
room
as
a
reminder,
if
you
are
not
testifying
before
the
board,
please
mute
yourself.
Please
ensure
that
your
audio
and
video
are
both
functioning
good
afternoon.
This
is
an
administrative
hearing
before
the
mayor's
office
of
consumer
affairs
and
licensing.
We
are
joined
today
by
executive
director,
kathleen
joyce
chief
of
operations,
rebecca
foo,
lieutenant
detective,
troy,
detective
hernandez
and
sergeant
detective
gallagher.
Today's
hearing
is
being
conducted
pursuant
to
certain
temporary
amendments
of
the
open
meeting
law.
That
is
what
allows
us
to
meet.
A
Virtually
this
hearing
will
be
recorded
and
will
be
posted
to
the
city
of
boston's
website.
I
will
read
the
agenda
items
into
the
record,
after
which
we
will
he.
I
will
ask
who's
present
on
behalf
of
the
licensee
and
who's
present
on
behalf
of
the
boston
police
department,
I
will
then
ask
who
is
present
with
any
individual
who
is
present,
who
has
personal
knowledge
of
the
alleged
incident
on
the
specific
dates.
A
Any
individuals
who
wish
to
testify,
I
will
then
swear
in
the
police
report,
will
be
read
into
the
record,
followed
by
an
opportunity
for
the
licensee
to
address
the
alleged
violation
and
questions
from
the
executive
director
calling
lolita,
cocina
and
tequila
bar
located
at
253
summer
street.
This
is
disciplinary
hearing
number
zero.
Two
two
eight
six
six.
The
incident
was
june:
26th
music
on
the
outdoor
patio
at
85
decibels
at
11,
41
pm
and
disciplinary
item
number
zero.
Two:
three:
nine
six:
nine.
A
A
A
E
This
inspection
came
about
because
of
complaints
received
in
the
mayor's
hotline
that
the
premise
was
playing
loud,
music
disturbing
their
buddy
neighbors
detectives
parked
their
unmarked
cruiser
on
echo
street
at
the
boston
harborwalk
and
can
easily
hear
music
coming
from
lolita's
outdoor
patio,
detectives
proceeded
to
the
harbour,
walk
and
utilize.
The
sound
media,
which
reported
85
decibels,
detectives
sought
out
the
manager,
jenna
carlson
and
infirmed
her
that
the
music
was
too
loud
and
the
neighbors
weren't
complaining
miss
carlson
immediately
had
the
music
turned
down
city
of
boston
orders
below
50
decibels
after
11
p.m.
E
C
Our
interpretation
of
both
the
boston
city,
noise,
ordinance
and
the
rules
and
regulations
of
the
mayor's
office
are
that,
by
virtue
of
having
the
permit
for
that
outside
entertainment
that
we
are
exempt
from
the
boston
city,
noise
ordinance
as
it's
as
it's
written
and
as
it's
currently
posted
online.
It
says
that
we
have
to
sort
of.
We
have
to
operate
from
within
the
context
of
the
permit
and
by
the
rules
and
regulations
of
the
permit.
C
So
then,
looking
at
the
way
that
the
the
rules
and
regs
for
that
entertainment
license
is
written,
it
simply
says
that
we
can't
operate
at
a
volume
that
is
clearly
audible
at
100
yards.
So
I
would
I
would.
I
would
note
that,
when
the
readings
were
taken
by
the
detective
gallagher,
they
were
taken
within
five
or
seven
feet
of
the
speakers
on
the
patio.
We
would
put
forward
that
that's
not
the
standard
that
should
be
used,
that
the
standard
that
should
be
used
should
be
are.
C
C
I
I
would
also
just
just
like
to
note
that
you
know
as
a
part
of
the
process
of
going
through
and
securing
the
entertainment
license.
You
know
we
made
it
very
clear
that
this
is
nowhere
near
any
residences.
You
know
the
people
that
live
in
in
the
condos
closest
to
the
the
patio
have
never
complained.
I
understand
that
there
are
complaints
coming
from
people
that
live
in
the
four
point.
Neighborhood,
ostensibly
from
you,
know
their
time
coming
down
the
harbor
walk.
C
But
to
my
knowledge,
we
haven't
disturbed
any
residences,
and
you
know
we
aren't
creating
noise
that
any
residents
can
hear
from
their
apartment
or
condos.
So
I
would
just
I
just
as
a
point
of
clarification.
I
you
know,
I
think
it's
important
that
we
are.
You
know
good
neighbors
to
the
people
that
live
there,
I'm
not
sure
exactly
how
these
complaints
are
coming
in
or
from
who,
but
it's
it.
We
don't
believe
that
it's
from
anybody
that
lives
directly
with
an
earshot
of
what
we're
doing
on
the
patio.
C
B
F
B
B
So
he
can
certainly
comment
on
any
of
the
instrument,
readings
and
measurements
that
are
taken
from
what
sounds
like
it's
apps
on
iphones
or
cell
phones
that
the
police
are
using,
and
I
would
just
note
that
you
know
we
really
need
to
consider
what's
reasonable
in
light
of
the
circumstances.
As
chris
indicated,
this
particular
license,
which
was
granted
by
the
city,
was
for
exterior
use
on
a
patio
along
a
private
way
that
has
public
access.
B
F
C
C
We
do
not
no
they're
they're,
the
speakers
for
that
space
are
shut
down,
shut
off,
there's
no
entertainment
on
that
space.
Obviously,
the
the
music
from
the
regular
patio
is
is
audible
on
that
patio,
because
they're
abutting
directly,
but
there
are
no
extra
speakers
or
anything
else
out
there.
Projecting
any
music
from
this
entertainment
license.
F
E
E
C
E
C
C
C
D
The
definition
also
goes
further
to
say:
they're
there
to
be
properly
calibrated,
I've
not
found
a
phone
that
you
can
calibrate
with
a
standard
calibrator.
So
I
guess
there
are
some
technical
concerns
about
the
approach
that's
being
used
to
assess
the
sound
levels
with
regard
to
the
location.
I
guess
I
wasn't
there
so
it's
difficult
for
me
to
understand
how
the
sound
level
near
the
patio
would
be
the
same
as
neck
away,
but
that's
certainly
something
we
can
document
and
sort
of
bring
to
the
table.
F
C
We
do
it's
publicly
listed
on
the
website.
It
rings
directly
to
the
host
stand,
so
it'll
basically
put
you
into
a
queue,
and
it
says
you
know:
click
one
for
reservations
or
two
to
be
connected
to
the
host
end.
So
to
the
extent
that
that
somebody
does
have
that
complaint,
there's
there's
a
readily
available
number
that
they
can
call-
and
I
think
you
know
detective
guy,
alger
and
hernandez
have
been
there
a
couple
times
and
our
managers
are
always
very
willing
to
comply
and
turn
things
down.
C
F
It's
not
it's
not
unique
to
boston.
The
complaints
that
are
happening
in
this
neighborhood
are
not
unique
to
the
city
of
boston
they're
happening
everywhere,
but
getting
perhaps
a
more
sophisticated,
sound
meter
might
be
something
this
board
has
to
look
into.
I
don't
have
any
other
questions
about
this
particular.