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From YouTube: Entertainment Violation Hearing (11/9/22)
Description
Entertainment Violation Hearing (11/9/22)
A
A
A
A
Before
the
Mayor's
Office
of
Consumer,
Affairs
and
Licensing
today
is
Wednesday
November
9th
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
Foo
I
will
read
each
item
on
the
agenda
and
the
order
that
it
appears
I
will
then
ask
who
is
present
on
behalf
of
the
licensee
or
then
ask
who
is
president
on
behalf
of
the
Boston
Police
Department,
after
which
I
will
swear
in
all
parties.
A
The
police
report
will
then
be
read
into
the
record,
followed
by
a
statement
by
the
licensee.
Any
questions
from
the
executive
director
and
director
of
operations
begin
with
the
first
item
on
this
morning's
agenda:
Fuentes
Cleaning,
Services
Inc,
doing
business
as
big
Yaris
Colombia,
located
at
28
Bennington
Street
in
East
Boston
date
of
the
incident.
September
21st
2022
excessive
noise
emanating
from
the
front
door
and
affecting
neighborhood
as
well
as
live
entertainment
consisting
of
disc
jockey
without
an
entertainment
license
who
is
present
on
behalf
of
the
licensee.
C
Good
morning
Mr
Green
Miss
Joyce
Miss
Foo.
My
name
is
Attorney
John
Kennel
from
Upton
Connell
in
Dublin
I'm
here
for
the
licensee
I'm,
not
sure
I,
don't
see
the
names
but
I
hope
I
have
a
client
there
as
well.
If
they
could
speak
up.
A
Great,
thank
you
Miss
Quintana,
who
is
president
on
behalf
of
the
Boston
Police
Department.
A
C
A
A
A
C
A
D
A
E
About
about
102
a.m,
on
Saturday
September,
29th,
2022
officer,
Doran
and
Sullivan
Venezia.
Well,
let's
have
well
assigned
to
the
gold
101
Alpha
responded
to
a
radio
call
for
loud
music
being
played
inside
of
28
pennies.
A
Oh,
wait,
hang
on
I'm,
sorry
I
don't
mean
to
cut
you
off,
but
that
is
the
second
item.
First.
G
B
Thank
you
about
12
46
a.m:
Wednesday
9,
21,
22.
officer,
Sullivan
Venezia
in
the
gold
415
Alpha
responded
to
a
radio
call
for
a
disturbance,
loud
music
at
28,
Bennington,
Street,
East,
Boston,
Billiards
Columbia,
assisting
with
officers
Pearson
and
Ford
in
the
gold
113
Alpha
and
Sergeant
Matera.
The
gold
907.
B
B
The
volume
of
the
music
Sergeant
Matera
then
informed
the
suspect
of
what
the
officers
observed
upon
entering
officer.
Sullivan
Venezia
then
showed
the
suspect.
The
photograph
of
the
male,
the
suspect
again
stated
that
the
mayor
was
not
hired
as
a
DJ.
As
a
result
of
what
officers
observed,
Sergeant
Matera
issued
a
licensed
inspection
notice.
This
is
number
zero.
Six
zero,
seven
five
two
for
the
of
excessive
noise,
Music
volume
and
violation
of
entertainment
license
providing
detailment
without
being
licensed
the
suspect,
signed
for
and
accepted
the
notice.
That's
it.
A
Thank
you
attorney
Canal.
Would
you
like
to
address
the
elected
incident.
C
Yes
officer,
can
you
say
whether,
when
you're
on
the
premise
that
day
or
that
morning,
whether
you
witnessed
the
individual
using
the
microphone
as
a
DJ,
would
use
a
microphone.
C
When
you
were
there,
did
you
observe
this
individual
spinning
records
at
at
this
station
that
a
DJ
would
normally
spin
records
like.
B
No,
he
was
just
controlling
his
laptop.
C
Right,
so
there
is
no
evidence
that
this
person
actually
was
acting
as
a
DJ.
Is
that
correct.
B
C
A
Okay,
thank
you
is
there,
do
you
have
a
witness
you
would
like
to
present
or
is
that
at.
C
All
married
do
we
do
we
have
the
individual
with
us
who
was
there
that
night.
C
All
right,
well,
I,
don't
think
we
can
wait.
I,
just
I
have
a
few
closing
comments
on
this
matter,
and
that
should
be
it
if
we
don't
have
the
actual
person.
C
If
that's
okay,
absolutely
go
ahead,
all
right.
Thank
you,
I,
don't
believe,
there's
any
evidence
that
it
is
chalky
was
present
at
this
location.
The
police
report
identifies
the
person
is
denying
that
he
was
acting
as
the
DJ.
There
was
DJ
equipment
in
this
booth,
but
that
was
there
for
purposes
of
when
they
get
one
day
licenses.
They
use
that
this
equipment
wasn't
being
used.
This
person
was
only
operating
the
music
system,
which
somebody
has
to
do,
which
is
all
digital
and
was
not
acting
as
a
DJ.
C
It
was
not
live
entertainment.
It
was
recorded
music.
As
far
as
the
volume
goes,
the
police
did
not
submit
any
findings
of
decimal
readings
took
no
decimal
readings.
The
only
decimal
readings
were
the
unidentified
caller
and
that
does
not
constitute
evidence
of
excessive
noise.
That's
that's
my
argument.
A
I
Yes
officer,
when
you
arrived,
did
this
person
have
headphones
on
and
were
they
standing
in?
What
looked
like
the
DJ
booth.
B
D
No,
he
don't
work
with
me,
he's
our
friend
of
mine
and
sometimes
when
he
go
there.
He
like
I,
said:
can
you
please
put
the
music
down
because
sometimes
automatic
the
musical
app.
I
You
asked
this
friend
of
yours
to
like
control
the
sound,
no
okay
who
who,
on
that
particular
night
who
was
in
charge
of
selecting
which
hello,
which
songs
to
play.
A
F
A
I
Your
attorney
said
that
this
person
was
not
acting
as
a
DJ
because
they
were
not
like
putting
records
in
and
switching
things
around
on
a
turntable,
and
then
Mary
said
that
this
was
just
a
friend
of
hers
who
who
she
asked
to
control
the
volume.
So
on
that
particular
night
I
have
I
haven't
been
out
in
a
long
time.
So
I
haven't
seen
a
lot
of
people
like
records
and
into
things
in
probably
20
years,
but
who
who
selects
the
music.
F
I,
don't
I,
don't
think
you
I,
don't
think
he
was
wearing
a
headphones
but
I'm,
not
sure,
because
I
wasn't
I
went
to
grab
a
coffee
when.
F
I,
wasn't
okay,
but
when
I
came
back,
I
asked
him:
what
were
you
doing
up
there?
You're
not
supposed
to
be
up
there
and
I
even
approached
him
in
front
of
the
officer,
and
he
told
the
officer
officer:
I
apologize,
I'm
I'm
a
customer
here
he
goes,
he
had
had
a
drink.
He
was
not
working.
He
just
went
up
there
because
he
he
wanted
to
change.
The
song.
Does.
I
He
does
he
do
that
often
does
he
change
the
songs
for
you,
like
every
Thursday
night
or
whatever
night
a
week.
I
Thank
you,
I'm
confused.
This
is
September,
21st
and
I
know
you've
gone
to
Great
Lengths,
because
this
isn't
the
first
time
you've
been
before
us
for
someone
operating
as
a
DJ
without
a
DJ
license
was
this
before
or
after
you
moved
the
DJ
booth
and
broke
it
down
and
came
into
my
office
and
showed
me
that
you
did
that
that.
F
I
Yes,
that's
I
think
in
2022,
I
see
more
of
that
than
I
see
of
like
records
going
into
record
player
should,
as
as
the
executive
director
of
the
Entertainment
Board
in
the
city
of
Boston.
It's
my
professional
opinion
that
I
see
more
DJs
operating
with
computers
than
with
records
in
in
record
players.
Absolutely
officer.
B
G
B
Night,
it
actually
has
a
picture,
it
actually
has
a
picture
of
him
and
it
says
on
it:
DJ
Edwin,
Papa
Alita
with
his
Instagram
handle
I,
don't
know
if
you
guys
can
see
that
I'm
sorry.
This
was
the
actual
laptop
that
he
was
controlling.
Okay,.
I
I
To
ask
is
this
friend
of
yours,
someone
who's
part-time,
a
full-time
job
might
be
DJing
about
some
other.
F
Clubs,
his
mom
does
own
a
bar
career.
J
H
Just
one
question
to
the
officers:
have
you
seen
this
individual
at
the
booth
there
before
on
a
different
night.
B
F
Good
good
look.
C
I
would
just
like
to
point
out
that
recorded
music,
which
this
was
is
permitted
under
their
non-live
entertainment,
license.
I.
Think
if
there's
going
to
be
any
distinction
in
the
law
as
to
what
is
a
DJ
or
not
I,
think
DJ
is
somebody
who
performs
who
speaks.
Who
gets
the
the
patrons
all
riled
up,
I
do
believe:
Miss
Choice,
someone
standing
here
experience
in
the
clubs
of
Boston
I
think
it's
DJs
are
primarily
entertainers
and
that's
why
they
fall
on
their
live
entertainment.
I
Back
to
the
incident,
the
excessive
noise
I'm
just
so
confused,
you
also
got
written
up
for
excessive
noise,
and
this
is
what
this
guy's
job
was
that
night,
according
to
you
not
his
job.
This
is
what
you
asked
him
to
do
is
control
the
noise,
and
then
you
also
got
ran
up
for
accessories.
It
was
so
confusing
to
me.
Maybe
you
should
have
hired
someone
to
control
that
not
just
rely
on
your
friend.
C
I
H
H
F
Also
three
businesses
there
all
together,
so
it
the
nurse
could
have
came
from
another
from
one
of
the
other
places,
because
if
I
fall,
I
think
I
stand
outside
with
one
of
the
offers
with
two
of
the
officers
and
I
told
them.
Do
you
hear
the
music
everywhere
where
it's
coming
from
and
they
say
yeah,
but
the
complain
is
only
about
you
not
not
about
the
other
people
so.
F
A
D
A
B
A
C
Morning,
Mr
Green
John
Connell
for
our
the
licensee
America.
J
C
If
I
could
just
point
out,
although
Fernie
wants
to
be
helpful,
he
is
the
subject
of
a
criminal
proceeding
arising
out
of
this
matter
and
he's
been
advised
by
his
criminal
defense
attorney.
Not
to
testify
ancillary
hearings
such
as
this
as
it
could
jeopardize
his
rights
in
the
criminal
case.
A
D
B
A
E
Officer,
Michael
Doran
great,
thank
you.
You
may
please
proceed
okay
about
102
a.m.
G
E
Saturday
September
24th
2022
officers,
Doran.
E
While
assigned
to
the
gold
101
Alpha
responded
to
a
radio
called
for
loud
music
being
played
inside
of
28
Bennington
Street
East
Boston,
due
to
the
ongoing
noise
complaints
with
Belarus
Colombia
and
seven
licensed
premise,
violations
with
the
seven
High
numbers.
Following
that,
the
following
offices
arrived
on
scene,
the
gold
101
Alpha,
the
gold
Tango
55
Alpha,
the
gold
416
Alpha,
and
the
gold
425
Alpha
upon
arrival
as
they
approached
the
outside
of
Volaris
Colombia
officers
observed
the
front
door
to
be
shot
and
no
windows
to
the
establishment
to
be
open.
E
Officers
were
met
with
the
owner,
Fernie
piranhas,
who
was
attempting
to
lay
officers
from
entering
the
establishment
by
blocking
the
front
door
officer.
Doran
informs
piranhas
of
the
loud
music
complaint
and
then
gave
piranhas
multiple
verbal
commands
to
move
away
from
the
door
before
eventually
entering
the
establishment
as
officer
Dorne
and
entered
the
establishment
with
his
Department
issued
camera
on,
he
observed
very
loud
music
coming
from
a
person
at
an
elevated
platform.
Consistent
with
the
DJ
officer.
E
Doran
also
observed
a
person
in
a
red
dress,
singing
into
an
amplified
microphone
as
officer
Doran
attempted
to
make
his
way
through
the
crowd,
the
singer
in
an
unknown
individual
exited
the
rear
door
into
a
courtyard
officer,
Doran
stepped
into
the
courtyard
and
observed
the
unknown
mail
at
the
bottom
of
a
flight
of
Step
stairs
which
led
to
a
storage
basement
before
descending.
The
stairs
officer
Durham
was
again
approached
by
the
owner
piranhas,
who
began
questioning
why
the
officers
were
there
officer
Doran,
walked
around
piranhas
and
began
descending.
E
The
rare
Flight
of
the
steps
in
an
attempt
to
locate
the
person
that
was
singing
as
officer
Doran
approached
the
bottom
of
the
stairs
he
observed
to
the
singer.
Alex
Hernandez
in
a
storage
basement
attempting
to
hide
as
off
to
Durham,
was
attempt
attempting
to
get
information
and
remove
the
party
from
the
basement.
E
Fernie
parandas,
grabbed
officer
Dornan
on
the
left,
shoulder
and
attempted
to
place
himself
between
the
officer
and
Alex
Hernandez
officer,
pells,
standing
behind
paranus
and
officer
Doran
observed
that
parent
is
grabbing
the
officer
and
placed
him
in
handcuffs
talking
to
mokus.
The
gold
909
arrived
on
scene
and
issued
a
violation
for
overcrowding
for
an
overcrowded
establishment
officer.
Sullivan
Venezia
counted
64
occupants
inside
the
establishment
on
a
49-person
capacity
and
unlicensed
live
music.
E
A
I
A
There
there
is
another
report:
it's
not
necessarily
relevant
to
the
entertainment
violation.
Would
you
like
to
have
it
written
to
the
record
or
are
you.
A
C
E
Yeah
I
I
observed
him
sitting
behind
a
the
same
setup
that
Sullivan
officer
Sullivan
Venezia,
stated
in
this
earlier
all
right
earlier.
C
Not
to
rehash
that
whole
issue
and
then
with
regard
to
the
singer,
did
you
see?
Did
you
see
or
witness
this?
This
was
a
transgender
Entertainer
for
from
Colombia.
Did
you
see
her
actually
singing
into
the
microphone?
Yes,.
C
C
E
C
All
right,
Mary,
are
we
I,
don't
know
if
the
board
wants
to
spend
the
time
on
this,
but
we
do
have
a
video
of
the
police
entering
and
what
the
situation
looked
like.
I,
don't
know:
Mary.
Are
you
capable
of
playing
that.
D
C
All
right,
if
you
could
play
that,
then
if
that's
all
right,
Miss
choice,
I
think
it
it
shows
the
officers
coming
in
and
what
the
scene
looked
like,
and
it
also
shows
a
very
relaxed,
uncrowded
environment.
I
C
Yeah
that'd
make
it
a
lot
easier
on
all
of
us,
but
I
think.
Once
you
look
at
once,
you
look
at
the
video.
You
will
see
that
the
police
entered
it's
very
quiet.
People
are
sitting
at
their
tables,
there's
no
entertainment
going
on
and
the
police
officers
are
looking
around
and
yes
and
and
that's
that's
what
I
would
argue
was
actually
happening
again.
There's
no.
The
two
citations
here
are
overcrowding
and
by
the
way
officer.
What
time?
At
what
point
in
the
night,
did
you
take
the
head
count
qualified
as
overcrowded.
E
Officer
yeah
whoop
officer,
Dawn
I
did
not
I
did
not
take
the
head
count.
Do
you
know
who
did
that
was
the
officer
Sullivan
Venezia
and.
C
Was
the
head
count
when
you
arrived
different,
perhaps
than
when
you
left
in
this
commotion,
arose
over
the
the
singer
being
apprehended
or
or
Fernie
being
arrested?.
B
C
All
right,
this
choice,
I
know
once
you
look
at
the
video
I
think
it
will
show.
This
was
not
a
crowded
place.
There
was
nobody
standing
that
this
was
not
an
overcrowding
situation
once
there
was
police
action
there
and
there
were
several
police
officers
and
there
was
an
arrest.
C
People
did
enter
and
I
think
that
may
be
where
the
head
count
came
in.
But
at
this
point
the
people
that
were
managing
the
business
were
essentially
being
arrested.
So
I
think
the
evidence
the
Visual
Evidence.
Once
you
see
it
is
that
there
was
no
live
entertainment
going
on
and
there
was
no
overcrowding
and
again
we
don't
have
any
evidence
of
noise
decibels
being
recorded.
D
I
I
Yes,
what
time
did
it
say
it
had
to
stop
at
12.,
okay
and
officer
Duran?
What
time
Did
You
observe
the
performer
saying
goodbye?
Thank
you.
I
So,
can
you
tell
me
in
your
words,
when
you
walked
in
how
you
would
describe
the
scene,
was
it
calm?
Was
it
festive?
Was
it
it
looked
like
people
were
leaving
for
the
night?
No.
G
E
G
E
I
Mary,
what
time
did
the
performers
stop
singing
at
12.?
Okay,
so
why
an
hour
later,
was
she
saying
goodbye?
Why
didn't
she
say
goodbye
at
12.
D
Because
she
at
that
time,
she
wanted
to
change
it
she
after
she
at
12
o'clock.
She
come
to
save
hi
to
everybody
and
have
a
couple
drinks
and
they
want
to
change
when
she
got
to
change
it,
to
say
goodbye
to
everybody
to
take
the
took
the
microphone
and
then
that's
when
the
police
come
and
then
go
and
grab
the
neck.
Okay,
okay,.
I
H
So
Mary
you
say
you
have
a
video
that
you
would
like
to
send
us
is:
is
this
video
from
cameras
that
are
installed
inside
the
premise?
Yes,.
D
H
Do
they
record
all
night
long?
Yes,
so
is
it
possible
for
you
to
send
us
a
video
from
say,
11
30
until
1
30,
A.M.
F
F
I
Specifically,
we're
looking
to
see
what
time
the
performer
ended
and
what
was
happening
right
after
the
performer
ended.
I
So
again,
this
is
an
example.
How
cameras
can
help
you,
so
it
would
be
helpful
for
you
to
forward
that
video
to
us.
We.
I
A
D
A
You,
okay,
please
attorney
canel
and
officer
Doran,
any
videos
that
the
division.
G
A
Requested
please
forward
to
mocalmocal
boston.gov
and
with
that
the
executive
director
will
take
this
matter
under
advisement
and
we'll
issue
a
written
decision.
Thank.
A
Calling
the
final
item
on
this
morning's
agenda-
mwnw
Inc
doing
business
as
China
Pearl,
located
at
9
Tyler
Street
date
of
the
incident,
October
21st
2022.
DJ,
taking
a
place
without
a
live
entertainment
license
who
is
present
on
behalf
of
the
licensee.
A
A
A
K
Good
morning
on
10
21
2022
at
11,
55,
PM,
massage
Tech
to
William
Gallagher
and
detective
Eddie
Hernandez
assigned
to
the
licensed
premise
unit
for
driving
through
Chinatown
monitoring,
the
bars
and
restaurants
when
they
observe
the
line
young.
Looking
people
waiting
to
enter
China
Pearl
at
9,
Tyler
Street
Texas
proceeded
to
the
front
door
on
foot
detectives
identified
themselves
as
Boston
police,
the
dorm
in
inquired
as
to
the
capacity
dual
man,
replied,
359
and
then
a
private
event
was
taking
place.
K
K
Three
were
identified
as
Paulo
mellow
date
of
birth,
1228
2001
in
Brazil,
Alexandria,
Lucy,
227,
2002
of
Brazil
and
matina
agostini
10-3
2002,
also
of
Brazil,
and
asked
by
detectives
how
they
purchase
alcohol.
They
produce
fraudulent
Colombian
driver's
licenses
and
ID
cards.
These
licenses
and
IDs
were
confiscated
by
detectives
and
will
be
presented.
Accord
three
underage
females
would
be
summons
into
court
with
a
fraudulent
licenses
and
IDs
as
well
as
persons
under
21
possession
of
alcohol
on
inspection
of
the
premises
licenses
attacked
the
reserve.
The
China
Pearl's
current
entertainment
license
did
not
cover
District
entertainment.
K
In
addition,
in
Special
Services
certificate
expired
back
on
May
31st
22..
All
these
issues
were
brought
to
the
attention.
Mr
Miller
readily
appeared
to
detectives
at
the
premise
was
conducting
a
rave
event
with
the
no
lights
third
floor,
venue,
unlicensed
DJ,
entertainment
and
underage
consumption
of
alcohol
period
for
the
safety
of
all
detectives
before
Mr
Miller
at
the
evenings.
Event
was
over
and
deceased
alcohol
sales
and
end
the
DJ
additional
units
from
A1
arrived
on
scene
and
cleared
the
third
floor
of
all
patrons
without
any
problems.
K
As
a
result
of
detectives
had
observed,
massage
Gallagher
issued
a
license:
premise:
inspection
number,
zero,
five,
eight,
nine,
seven,
three
to
China
Pearl
for
persons
under
21,
possession
of
alcohol,
unauthorized,
DJ
entertainment,
expired,
ISD
certificate,
Mr,
Ty,
Miller,
signed
quote
accepted
the
notice
and
those
are
the
facts
of
that
evening.
A
Thank
you
Sergeant
tonight's
family.
Would
you
like
to
address
the
alleged
incident.
J
Yes,
please
obviously
Madam
chair
agency
is
very
well
aware
of
the
fact
that
they
do
not
have
DJ
currently
on
their
entertainment
license
with
that
being
said
and
hope
it
goes
without
saying.
This
is
not
something
that
they
usually
provide.
This
was
a
booked
private
event
that
evening
and
they're
usually
aware
that
they
need
to
pull
one
day
licenses,
but
unfortunately,
this
was
an
oversight
by
the
person
that
booked
the
event
that
evening.
The
event
that
was
booked
was
an
album
release
party.
J
J
There
was
initially
started
with
a
dinner
party
first,
with
the
music
recorded
music
being
played
afterwards
for
the
event
that
was
booked
for
this
album
release,
party
and
spirit
of
full
disclosure,
they're,
currently
working
through
the
zoning
process
and
have
been
for
live
entertainment,
so
they
hopefully
will
properly
add
that
and
which
obviously
they're
looking
to
do
for
other
events
at
this
location
and
add
that
in
the
future,
something
that
will
not
happen
again
again.
It
was
an
oversight
for
a
booked
private
event
and
not
pulling
the
one
day.
J
L
A
L
It
varies:
we
did
three
last
week,
a
birthday
event
60
year
old
person,
and
then
we
did
a
office
party
under
the
name
of
York,
so
we
do
various
different
types
of
dinners,
ranging
from
weddings
to
corporate
dining.
Currently
we
are
about
to
start
holiday
corporate
event
season
we
have
in
the
month
of
December
I,
believe
12
currently
booked.
Those
are
all
seated
dinners,
so
they
don't
all
have
entertainment
related.
Besides
background
music,
I
would
say,
majority.
I
Okay,
for,
like
the
weddings,
what
do
you
do
you
pull
the
one
day
licenses
for
weddings.
L
Well,
currently,
the
larger
part
of
the
business
is
under
construction,
and
that
is
part
of
the
reason
why
we're
working
with
attorney
Scanlon
to
present
a
full
entertainment
license
plan.
Okay,.
J
I
L
Specifically
New
Year's
Eve,
we
would
be.
We
would
like
to
have
a
one-day
permit
for
that
which
we
have
not
submitted
yet
so
I
think
that
we're
going
through
our
calendar
to
contact
all
of
the
hosts
and
different
events
as
we
get
the
inquiries
that
come
in
through
our
website
and
hopefully
be
able
to
supply
a
a
calendar
of
live,
entertainment,
requests.
Okay,.
I
That
would
be
helpful.
All
right,
I,
don't
have
any
questions.
I
want
to
turn
it
over
to
Rebecca.
She
might
have
additional
questions.
I.
A
Okay,
anything
further
from
director
Joyce
or
attorney
Scanlon.