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From YouTube: Boston Licensing Board Violation Hearing 9-27-22
Description
The Licensing Board for the City of Boston holds licensed premise inspection hearings on Tuesdays, transactional hearings on Wednesdays and voting hearings on Thursdays weekly pursuant to Governor Charles Baker’s executive order (the “Order”) issued March 22, 2020, temporarily modifying certain requirements of the Open Meeting Law (M.G.L. ch. 30A s. 20) due to the ongoing public health crisis due to Covid-19 (coronavirus).
A
A
Good
morning,
this
is
a
hearing
before
the
licensing
board
for
the
city
of
Boston.
Today
is
Tuesday
September
27
2022..
Today's
hearing
is
being
held
pursuant
to
Temporary
amendments
to
the
open
meeting
law.
That
is
what
allows
us
to
meet.
Virtually
today's
hearing
is
being
recorded
and
will
be
posted
to
the
city
of
Boston's
website
before
I
review.
Procedural
matters,
I
will
introduce
chairman
and
Kathleen
Joyce.
B
A
Thank
you
please
ensure
that
your
audio
and
visuals
are
working
properly.
I
will
call
each
item
in
the
order
that
it
appears
on
this
morning's
agenda.
I
will
then
ask
who
is
present
on
behalf
of
the
licensee,
who
was
president
on
behalf
of
the
Boston
Police
Department,
and
whether
there
are
any
into
other
individuals
with
first-hand
knowledge
of
the
alleged
incident
who
wish
to
testify.
I
will
then
swear
in
all
parties.
A
Again,
all
testimony
will
be
limited
only
to
those
individuals
with
first-hand
personal
knowledge
of
the
alleged
incident
beginning
with
item
number
one
on
this
morning's
agenda,
calling
osnemok
Inc
doing
business
as
Centerfolds,
located
at
12
to
18
LaGrange
Street
date
of
the
incident.
May
14
2022
armed
firearm,
employee
on
premise,
in
violation
of
mass
generalize,
chapter
138,
section
64.,
who
is
present
on
behalf
of
the
licensee.
C
D
A
Defilippo,
if
you
could
turn
your
camera
on,
so
we
can
scare
you
in
in
a
moment.
Thank
you
who
was
president
on
behalf
of
the
Boston
Police
Department.
F
A
Any
other
individuals
with
verse,
10
knowledge
of
the
incident
who
wish
to
testify
this
morning.
A
A
H
H
Sorry
Mike,
the
camera
just
went
out.
A
E
About
10
30
a.m:
on
May
14th,
2022,
detective
Walsh,
the
alpha
829
and
detective
Megan
Walsh,
the
at
the
alpha
803
initiated
investigation
following
a
firearm
RS
at
199,
Summer
Street,
South
Station.
The
following
are
the
details
of
the
investigation
about
4
P.M
on
Saturday
May
14,
2022
officer
Mustachio,
signed
at
the
front
desk
at
District.
E
A1
was
approached
by
a
citizen
regarding
that
regarding
a
firearm
that
was
lost
from
12
LaGrange
Street
downtown
Boston
Mr
Daniel
Vega
Harrity
Hagerty
entered
A1
and
reported
that
he
was
working
as
a
bouncer
at
Centerfold's
nightclub
located
at
12
LaGrange
Street.
When
his
firearm,
a
Smith
and
Wesson
Shield
nine
millimeter,
was
lost.
E
E
E
E
Mr
D
Filippo
will
be
additionally
charged
with
larceny
from
a
building
and
larceny
of
a
firearm.
Mr
haggerty's
Massachusetts
license
to
carry
class
A
large
capacity
issued
out
of
PVD
District
Court
was
seized
from
D
Filippo's
property.
At
the
time
of
arrest,
Mr
Haggerty
stated
to
detective
Walsh
that
he
did
not
have
any
type
of
locking
mechanism
on
the
firearm
when
he
took
it
off
his
person
and
placed
into
the
bag
prior
to
going
to
the
bathroom
foreign.
E
A
Thank
you
detective
Walsh.
There
are
two
additional
reports
as
well
from
I,
believe
officer.
Mustachio
will
those
be
read.
E
In
as
well
so
I
read
those
in
my
in
in
my
narrative
I.
The
first
report
was
the
the
report
taken
by
Officer
mustachio.
A
Thank
you
attorney
kennel.
Would
you
like
to
address
the
incident.
C
I
I,
if
is
that
all
the
witnesses
for
the
Boston
police.
A
C
You
very
much
we,
on
behalf
of
the
licensee,
very
much
regret
this.
We
believe
this
was
a
totally
unforeseeable
event.
Mr
Haggerty,
the
bouncer,
who
had
the
license
to
carry
the
firearm
was
a
10-year
employee.
With
this
license
he's
never
had
any
issues
before
his
license.
He
has
never
had
any
issues
whatsoever
having
to
do
with
Firearms
or
weapons.
At
that
premise,
nobody
knew
that
he
had
this
weapon
with
him
in
his
backpack
Mr
Haggerty
was
immediately
terminated.
As
you
may
recall.
C
C
C
A
E
Our
conversation
when
he
came
in
to
report
it
was
that
I
asked
him
if
he
carried
it
regularly
and
he
said
yes
and
he
thought
he
was
he
was
allowed
to,
because
he
did
have
a
license
to
carry.
He
thought
he
was
allowed
to
carry
it
during
his
employment.
I
think
there
was.
It
was
unclear
that
he
was
you
know
not
allowed
to.
He
would
need
to
be
the
permission
from
the
board.
Also
I
I
asked
him
kind
of
how
how
it
went
down
it.
E
You
know
he
had
an
honest
person
while
he
worked
and
then
took
it
out
of
his
waistband.
He
had
it
in
a
holster
and
placed
it
into
the
backpack
and
decided
to
put
it
by
the
stage
inside
instead
of
bringing
it
into
the
bathroom
with
them.
E
A
G
D
Good
morning,
Michael
Ford
for
GM
Restaurant
Enterprises
with
me
is
Roberto
Diaz
ahead
of
security
and
the
one
with
personal
knowledge
that.
L
D
Directly
behind
me
is
Jorge
Martinez,
who
is
the
manager
of
record
and
one
of
the
owners.
G
And
officer
Doran
president,
if
not
Lieutenant,
detective
Troy.
A
I
do
not
see
the
officer
great.
Thank
you
lieutenant.
Are
there
any
other
individuals
of
first-hand
knowledge
of
the
elections
and
who
wish
to
testify
this
morning?
A
A
Thank
you,
Lieutenant
Trey.
You
may
please
proceed
with
the
police
report.
G
Written
from
police
report
about
the
by
Officer
Michael
Jordan
about
1105
on
Friday,
July,
8,
2022
officer,
Jordan
and
Fells
were
assigned
to
go.
101
responded
to
a
radio
call
for
a
fight
outside
La
Terraza
Restaurant
21,
Bennington,
Street
East
Boston
on
arrival.
Two
parties
that
were
involved
in
the
fight
were
still
on
scene
officer
officer.
G
Pell
spoke
to
Roberto
Diaz
security
for
La
terenza,
Mr
Diaz
said
he
stated
that
he
drove
up
and
witnessed
Carlos
Robles
assaulting
one
of
the
door
staff
ideas
done
said
that
when
he
attempted
to
intervene
between
Robles
and
a
doorstop
Robles
began
attacking
him
by
swinging
fists
at
him.
Diaz
said
that,
after
all,
those
swung
multiple
times
at
him,
he'd
grab
Robles
and
put
him
on
the
ground
officer.
Jordan
spoke
to
Carlos
Robles,
who
stated
that
he
left
after
he
left
La
teranza.
He
attempted
to
urinate
miyali
next
to
the
restaurant.
G
G
Both
parties
are
going
to
separate
and
officers
on
scene
grunting
when
Mr
Robles
left
in
a
cab
there's
a
second
with
four
chair
supplementary
report,
written
by
Sergeant,
detective
plaz
and
reads
as
follows:
on
Sunday
July
10
2022,
a
licensed
premise,
inspection
was
completed
at
large
wenza
restaurant
located
at
19
Bennington
Street
presence
during
the
inspection
with
Sergeant
detective
blouse
and
detective
James,
a
person
charged
the
establishment,
Jose
dildar
at
the
conclusion,
the
expression
inspection
the
person
charged
signed
for
an
accepted
license
premise
inspection.
G
D
Just
just
a
couple
of
questions:
the
police
were
called
correct.
D
Okay,
I
have
no
further
questions.
Thank
you.
So
much
I
do
have
a
few
questions.
Sir,
would
you
introduce
yourself
to
the
board?
My
name
is
Roberto
views,
and,
and
what
is
your
position
at
line?
What
do
you
do
for
like
Terraza
I,
supervise
security,
and
how
long
have
you
been?
How
long
have
you
been
doing
that
for
Life
20
something
years
ago
around
there?
Okay
and
I
just
want
to
bring
it
to
the
day
of
the
the
incident
you
arrived
at
the
premises.
What
did
you
see?
N
Do
you
know
why
he
was
you
know
why
he
was
doing
that?
Okay,
well,
I
I
know
he
was.
He
was
told
not
to
urinate
in
front
of
the
building.
Okay,.
N
Security
do
because
sort
of
why
why
didn't
do
it
upstairs?
Okay,.
D
N
N
D
Did
you
what'd
you
do
with
respect
to
making
a
call?
Did
you
call
anybody.
N
Yes,
I
did
I
just
grabbed
my
phone
and
and
and
I
started
calling
and
the
guy
started
attacking
me
and
and
as
he
was
swinging
at
me,
he
was
missing
and
at
the
last
minute,
that's
when
everything
just.
D
I
have
no
further,
no
further
questions.
The
only
thing
to
say
that
this
was
really
an
unforeseeable
event
where
a
patron.
This
just
doesn't
happen.
A
patron
decided
to
go
outside
and
urinating
the
alley
Alleyway
and
was,
as
he
should
be
immediately
confronted
by
security,
and
the
patron
was
having
none
of
that
which
in
which
he
initiated
a
fight,
would
suggest.
D
It's
been
shown
that
the
La
Terraza
immediately
addressed
it
in
the
the
best
way
to
try
to
come
the
situation
down
and,
most
importantly,
called
nine
one
one
and
that's
all
I.
That's
all
I
have.
B
Is
that
a
normal
security
Staffing
model?
Usually
they.
D
Have
to
but
it
was
a
snowman
if
I
may
it's
a
how
many,
how
many
patrons
were
in
there
that
night
in
Miami
about
20.
A
Thank
you.
The
board
will
take
this
matter
under
advisement.
Thank
you
so
much.
Thank
you.
Calling
item
number
three
gsth
Investment
Group
LLC,
doing
business
as
Bijou
and
Rock
and
Rye
located
at
51,
Stewart
Street.
The
date
of
the
incident
might
May
7,
2022
assault
and
battery
employee
on
Patron,
in
violation
mass.
In
our
last
chapter,
138,
section
64.,
chapter
265,
section
13
a
who
was
president
on
behalf
of
the
licensee.
K
Good
morning
Mr
Green
attorney
Stephen
Miller
McDermott
quilty
Miller
morning
Madam,
chair,
Commissioners,
Curran
and
Saxon
I
have
with
me
matthiaslon
and
also
Joe
Gannon
Joe
Cannon
is
he
do
we
have
him
meta?
Is
he
there
yeah
he's.
K
Okay,
Mr
Cannon
areas,
Mr
Ganon,
was
referred
to
in
the
police
report
and
manager
of
the
day.
At
that
time
of
the
incident.
A
P
A
P
P
I'm
sure
I
can't
do
that.
I'm
I
was
trying
to
figure
out
how
to
get
my
video
to
turn
correctly,
but
can't
figure
it
out.
So
I'm
going
to
be
all
right.
It
states
here
at
about
2
35
a.m.
On
Saturday
May
7th
of
this
year
officer
Murray
responded
to
a
verbal
altercation
at
63
Stewart
Street
Boston,
which
is
Bijou
upon
arrival
officer,
observed
two
males
later
identified
as
Mr
Ben
Ari
and
Mr
Moore.
P
What
but
they
were
walking
to
his
officer
and
they
were
in
need
of
assistance.
The
officer
observed
Ms
arita
have
visible
contusions
under
his
right
eye,
as
well
as
minor
lacerations
officer
asked
if
he
would
like
EMS,
which
he
declined
officer
observed
that
both
males
were
intoxicated
at
the
time
that
they
were
spoken
to.
P
They
reported
that
he
came
out
of
the
nightclub,
was
approached
by
three
unknown
Individuals
described
to
be
a
Palestinian
descent
and
they
stated
to
him
pretty
much
like
after
Jews
and
then
at
that
point
you
know
they
stepped
aside
in
altercation
ensued.
Yeah
Mr,
Butt
Butt
was
struck
several
times
in
the
face.
P
The
security
broke
up,
the
fight
pulled
them
apart.
One
of
their
visuals
eventually
stated
that
he
was
strangled
by
the
security
and
that's
pretty
much
the
gist
of
the
report.
P
We
can
hear
you
just
fine
yeah
that
was
pretty
much
the
gist
of
it.
The
fight
was
broken
up,
and
then
you
know,
after
the
officers
responded,
they
were
able
to
collect
the
information
for
both
of
the
reporting
parties
or
the
suspect.
The
suspects
were
not
unseen
at
the
time
they
weren't
located
at
the
time.
A
Thank
you
officer,
Murray.
Was
there
anything
you
would
want
to
add.
A
Thank
you
attorney
Miller.
Would
you
like
to
address
the
alleged
incident.
K
Yes,
a
few
questions
for
the
detective
and
the
officer
detective,
James
or
officer
Murray
did
you.
You
are
not
on
scene
to
witness
the
assault,
correct.
P
K
View
the
video
yes,
sir,
and
any
allegations
that
when
you
viewed
the
video
did
you
view
it
with
the
members
of
the
staff.
P
K
You
did
you
subsequently
have
a
meeting
at
the
location
with
Mr
ganim
and
the
head
of
security
and
one
of
the
security
offices
to
to
go
over
the
video.
Yes,.
P
K
P
It
showed
that
they
were
breaking
up
the
fight
because,
from
the
video
I
saw,
like
I,
said,
the
individual
that
was
outside
the
one
that
was
attacked
outside
his
friend
came
out
of
the
club
and
attempted
to
you
know:
either
engage
or
break
up
the
fight
and
security
just
separated
everyone,
so
there
was
no
punches
or
anything
thrown
by
security.
They
were
trying
to
just
restrain
the
individual
because
they
at
that
point
they
didn't
know.
What's
going
on
either
and.
K
This
this
happened
at
to
approximately
2
30
2
35
in
the
morning.
Yes,
sir,
and
the
club
had
closed
and
people
were
already
significantly
left
the
area
yeah.
They
were
exiting.
K
Yeah
that
the
I
know
the
staff
met
with
you
afterwards,
but
on
that
that
evening
did
the
staff
cooperate
with
you?
Yes,
sir
I
have
no
further
questions
of
the
officers,
so
I'm
looking
for
him
on
my
screen,
so
Mr
gaddin,
you
were
on
the
premises
that
night
correct
and
you
were
up
in
your
office
at
that
time
and
you
noticed
that
there
was
an
altercation
outside.
Is
that
correct?
That's.
R
K
And
you,
when
you
went
downstairs,
had
the
security
already
separated
everybody,
the.
K
Did
any
of
the
security
do
anything
other
than
and
by
the
way
this?
This
is
policy
that
the
club
has
to
have
security
exterior
to
the
premises
when
at
the
close
of
the
evening,
is
that
correct?
K
That's
correct
and
security
broke
up
the
broke
up
the
fight
and
the
police
were
called
correct,
correct
and-
and
you
heard
the
detective
you
met
with
the
detective
afterwards,
along
with
your
head
of
security
and
one
of
the
security
offices,
just
to
confirm
what
the
video
shows
correct,
I,
don't
I
don't
have
anything
further.
K
We
can
forward
that
video
to
the
board
to
view
the
detective
unit
and
went
over
with
the
with
the
staff
Mr
ganuman
and
the
head
also
the
head
of
security.
If
you'd
like
that
forwarded,
I
can't
figure
out
how
to
do
it
with
Mr
ganum
I
can
figure
out
how
to
do
it
if
they.
If
the
Boyd
would
like
that.
A
K
I
have
nothing
further.
The
the
the
staff
did
what
they
should
do.
They
reacted
accordingly,
they
dealt
with
it
immediately
called
the
police
and
their
trying
to
do
the
right
thing
at
closing
to
make
sure
that
they
have
Security
on
staff.
Should
something
like
this
happen
so
I
have
nothing
further.
R
One
of
our
own,
how
to
call
the
police
on,
as
well
as
the
person
who
got
here
called
the
police.
B
R
R
S
B
A
R
K
Morning
again,
Mr
Green,
Madam,
chair
Commissioners,
Karen
and
Saxon
Stephen,
Miller,
McDermott,
quilting
and
Miller
for
the
Lowe's
Hotel
with
me
this
morning
is
Robert
Rivers
next
to
Robert.
Mr
Rivers
is
Tony
Olsteen,
who
was
on
the
premises
that
night
and
also
somewhere
on
the
screen.
I'm
looking
for
him
is
Matthew.
K
Champagne
who's
was
also
an
employee
involved
in
this
incident.
Yeah.
A
H
Okay,
I'll
start
with
the
original
report
that
was
taken
by
responding
officers
about
12
10
a.m,
on
April
15
2022
officers,
Miriam
and
Allen
responded
to
a
radio
call
for
removal
at
the
Lowe's
hotel
located
at
153
Berkeley
Street
Boston
upon
arrival
officers
were
advised
that
the
call
was
for
an
assault
that
occurred
about
an
hour
prior
to
Officer's.
Arrival
officers
spoke
with
the
victim
who
identified
himself
as
John
Keenan
victim
stated
that
he
was
punched
in
the
face
by
an
unknown
male
party.
H
While
he
was
at
the
bar
located
at
the
above
location,
victims
stated
that
he
was
having
a
drink
with
a
co-worker
who
was
crying
at
the
time.
The
unknown
suspect
observes.
The
victim's
co-worker
was
crying
and
starts
laughing
at
her
victim.
That
approaches
the
suspect
and
advises
the
suspect
to
stop
laughing
a
verbal
altercation
ensued
and
the
suspect
punched
the
victim
in
the
face
once
at
the
time
officers.
At
the
time
of
office's
arrival,
the
suspect
was
not
on
scene.
They
can
described
the
suspect
as
a
white.
H
H
I
could
read
a
supplemental
code
for
that,
following
up
with
that
at
about
22-40
hours
on
Friday
April,
15
2022,
detectives
text,
Sarah
and
fencer
responded
to
Lowe's
hotel
at
154
Berkeley
Street
to
conduct
the
code.
35.
H
detective
spoke
with
the
precinct
bar
manager,
Tony
Osteen,
in
regards
to
an
assault
and
battery
Patron
on
pension
incident
that
occurred.
The
prior
night
Holstein
was
aware
of
the
incident
and
informed
detectives
that
the
suspect
in
the
incident
was
first
observed,
sleeping
in
the
common
area
of
the
hotel
lobby.
H
Hotel
staff
woke
the
suspect
up
and
informed
him
that
he
was
not
allowed
to
sleep
in
the
common
areas.
The
suspect
then
got
up
and
walked
downstairs
into
the
bar
area.
Osteen
went
on
to
inform
detectives
that
he
began.
Excuse
me
that
he,
the
suspect,
began
to
bother
wait
staff
at
the
bar
and
was
informed
that
the
bar
and
kitchen
area
was
closed
as
it
was
past.
11
o'clock,
P.M
Osteen
stated
that
the
suspect
then
approached
the
victim
and
began
harassing
him
in
a
female
companion.
H
K
Yes,
detective,
your
only
knowledge
of
the
incident
is
as
a
result
of
speaking
with
Tony
allstein.
Is
that
correct
and
the
victim?
Yes
and
the
victim?
Yes,
so
you
you
were
able
to
contact
the
victim
and
speak
with
him.
Yes,.
K
Did
Mr
Victor
Miss
allstein
cooperate
in
the
staff,
cooperate
with
you?
Yes
and
Mr.
Keenan
confirmed
what
Miss
allstein
told
you
yes,
I
I
have
no
other
questions.
K
K
K
You
were
a
manager
in
the
restaurant
bar,
correct
and,
and
so
this
gentleman
that
that
punched,
the
other
person
he
came
down
to
the
restaurant
and
wanted
to
be
seated
for
to
get
some
food
is
that
correct,
yep.
Q
He
came
down
to
the
restaurant.
Restaurant
had
already
been
closed
when
he
walked
towards
the
bar
area.
They
had
already
done
last
call,
so
we
were
no
longer
serving.
K
As
the
report
says,
there
was
a
some
some
customers
still
left
in
in
the
in
the
bar,
and
one
of
them
was
Mr
Keenan
and
he
was
consoling
one
of
his
associates.
I
guess.
K
So
once
once
he
punched
Mr
Keenan,
what
did
what
did
the
staff
do?
What
did
you
do.
Q
Then
security
got
involved.
K
And
and
the
front
office
managers
Mr
schumpen
you.
U
K
So
you
got
involved
when
this
person
was
brought
down
by
security
to
the
to
or
brought
up
to
where
you.
U
K
K
So
what
happened
later.
U
On
I
would
like
to
say
about
maybe
an
hour
after
maybe
a
little
less,
we
noticed
on
the
camera
on
the
side
street.
There
we're
usually
keep
an
eye
on
the
cameras
at
night.
U
The
same
gentleman
was
walking
around
and
we
were
thinking
perhaps
maybe
he's
trying
to
get
back
in
the
building
to
his
room
when
we
weren't
sure
to
be
honest,
so
we
called
the
authorities
again
and
this
time
they
showed
up
pretty
quickly
and
I
believe
that's
when
the
victim
most
likely
made
the
report
too,
because
that
was
what
about
12
10
a.m.
Something
like
that
and.
K
They
weren't
able
to
talk
to
this
person
the
police
weren't
able
to
find
them.
They
were
not
no
and
has
there
been
any
contact
with
this
person
since
that
time.
If
you
come
back
to
the
hotel,
no
and
and
you
actually,
you
called
the
police
twice
that
night.
Is
that
correct?
That's
correct!
Yes,
okay,
I
have
nothing
further.
A
Thank
you
attorney
Miller,
chairman
Joyce.
Do
you
have
any
questions.
B
I,
do
you
stated
that
this
person
was
asleep
in
the
lobby
of
the
hotel,
and
then
you
asked
him
to
leave?
Is
that
correct.
U
Yes,
the
security
guard
that
was
there
that
night
asked
him
to
leave.
Yes,
okay,.
B
U
K
So
the
security
guard
said
he
checked
and
and
as
Mr
chef
and
you
and
and
soulstein
said
that
they
usually
check
to
see
if
he
has
a
room
key.
So
it
appears
that
he
was
a
guest
there,
but
he
left
the
premises
and
didn't
come
back.
B
Can
we
confirm
that
it
just
I'm
trying
to
understand
why,
so
you
would
have
allowed
him
down
to
the
restaurant
if
he
was
a
hotel
guest
that
makes
sense
if
he
wasn't
a
hotel
guest.
That
does
not
make
sense
to
me.
K
Thank
you.
It
would
be
tough
to
confirm
since
he's
never
identified.
We
can't
identify
him
so
it'd
be
tough
to
confirm
so
I
said
that
security
God
and
maybe
he
had
you,
know
some
sort
of
now.
These
keys
are
maybe
it's
something
that
appeared
that
it
was
an
old
key
that
he
found
or
something
I
don't
know
before,
but
I
guess
it's
not
the
not
an
incredibly
unusual
occurrence
to
have
someone
fall
asleep.
You
know
in
the
lobby,
so
security
dealt
with
it.
You
know
and
told
him.
He
told
him.
K
O
W
And
guardian
Witness.
A
Not
a
problem,
can
you,
if
everyone
can
please
raise
your
right-handed
officer?
Could
you
please
confirm
for
us
that
you
are
raising
your
right
hand.
L
Rib
cage
eldajave
stated
that
there
were
several
bounces
around
him
but
was
unsure
who
kicked
him?
Dejawi
stated
the
bouncers
then
picked
him
up
and
escorted.
Both
him
and
his
friend
out
of
the
establishment
EMS
was
was
requested.
Ambulance
six
arrived
on
scene
and
evaluated
the
victim.
The
victim
was
released
without
further
evaluation
officer.
Kelly
then
spoke
with
security
staff,
Mark
bianstein,
who
said
that
he
was
escorting,
the
bottle
girls
in
front
of
the
TJ
Booth.
L
When
a
patron
who
was
Lionel
jaw,
he
turned
around
and
said,
don't
touch
me,
the
Aniston
told
officelli
that
he
attempted
to
explain
to
El
dejawi
that
he
was
just
doing
his
job
with
the
eldajawi
continued
to
argue
with
him.
The
anaston
stated
office
Kelly
that
eldajai
was
looking
to
stop
problems
and
that
his
friend
guardi
Gene
Francois
was
trying
to
fight
everyone.
During
the
incident,
Sergeant
Albanese
responded
and
conducted
a
code
35.
A
O
Thank
you
officer.
Kelly
was
staff
Cooperative
during
this
alleged
incident.
Yes,
and
there
were
no
visible
injuries
to
any
Patron
identified
in
the
police
report.
Correct.
L
Ma'am
I,
don't
I,
don't
recall,
I
do
know
that
he
was
evaluated
and
he
was
released
that
day.
So
I
I,
don't
recall
I,
don't
there
was
nothing
significant.
If
there
was
anything
okay.
O
L
L
So
it
was
conducted
on
site
EMTs,
you
know,
did
their
initial
evaluation.
It
must
have
been
determined
at
that
point
that
he
didn't
need
a
further
evaluation.
So.
O
No
patrons
involved
in
this
alleged
incident
were
transported
to
any
medical
facility
following
this
evaluation:
correct,
no
ma'am.
Thank
you
very
much
officer
Kelly
Madam,
chair
members
of
the
board.
If
I
may,
as
reported
by
staff,
it
was
approximately
1
30
in
the
morning
about
a
half
hour
before
closing
security
was
attempting
to
clear
a
path
for
bottle
service
employees
to
get
through
the
crowd
to
begin
the
standard
nightly
routine
of
clearing
tables
at
this
time.
O
Prior
to
this,
there
were
no
issues
with
these
patrons
that
evening,
patrons
reportedly
told
security
not
to
touch
them
and
again
were
asked
to
move
and
then
subsequently
began
to
shove.
The
security
before
any
further
altercation
could
occur.
Security
acted
immediately
and
removed
the
patrons
from
the
Dance
Floor
escorting
them
from
behind,
so
that
no
further
physical
contact
could
be
attempted.
O
We
do
have
video
too,
that
we
can
submit
to
the
board
following
this
hearing,
the
patrons
were
sick
were
escorted
to
a
quiet
area
of
the
third
floor,
as
per
de-escalation
protocol
in
what
really
could
be
described
as
a
routine
crowd
control
event,
security
can
be
observed
on
these
videos
remaining
calm
once
they
were
on
the
third
floor,
the
patrons
as
well
calmed
down
and
were
escorted
down
the
stairs
and
out
of
the
premises
and
left
without
incident.
Mr
Pollock
was
personally
there.
O
He
talked
to
them
for
approximately
10
minutes
outside
and
asked
them
if
they
wanted
him
to
call
the
BPD
detail
who
was
on
site
outside
every
Friday
and
Saturday
night,
to
which
the
patrons
declined.
Jamie
can
certainly
speak
to
his
observations
here
and
will
tell
you
that
they
are
very
conservative
with
calling
the
police
when
there
is
any
issue.
But
again
this
was
a
routine
crowd
control
event.
There
was
no
fight.
There
were
no
injuries,
no
punches,
thrown
no
kicks
no
assault
of
any
kind.
There
were
no
issues
with
these
patients
prior
to
removing
them.
O
From
the
the
dance
floor
again
following
their
exit
from
the
premises,
the
patients
were
observed
talking
to
women
outside
the
premises
after
leaving,
and
only
then
did
they
place
a
call
to
BPD
approximately
a
half
hour
after
the
incident
occurred
again
if
I
may
turn
it
over
to
Mr
Paula,
who
can
certainly
speak
to
his
interaction
with
patrons
and
Mr.
Kane
also
can
speak
to
his
follow-up
with
staff,
whose
statements
were
all
consistent
regarding
the
incident
as
well
as
consistent
with
the
the
video
that
can
be
observed.
O
T
I
am
I'm
James
fallick,
a
VP
of
operations.
I
was
on
the
I
was
on
the
third
floor.
When
I
when
I
met
the
two
gentlemen,
they
were
escorted
out
as
a
Christian,
already
highlighted.
All
of
that
I'll
just
speak
to
my
part
outside
the
venue
that
walked
outside.
They
were
particularly
heated
at
for
a
first
conversation
we
kind
of
calmed
down.
We
had
a
conversation,
they
didn't
feel
that
they
should
have
been
walked
outside
you
know.
I
I
explained
our
security
protocol.
T
How
we
work,
how
you
know
if
somebody's
not
willing
to
move,
we
need
to,
you
know,
bring
somebody
outside
to
de-escalate.
That's
a
problem
on
the
Dance
Floor.
We
had
a
reasonable
conversation.
I
felt
like
it
went
pretty
well
seemed
amicable
when
we
parted
ways.
I
did
offer
medical
attention
or
police,
which
was
declined.
I
also
offered
that
to
security,
but
nobody
felt
that
was
necessary
and
you
know
we
do
have
overtime
police
up
front
yeah.
T
Then
you
know:
I
went
back
to
the
Grand
to
our
operations,
but
I
did
keep
my
eye
on
this
gentleman.
It
seemed
to
be,
you
know,
kind
of
goofing
around
up
front
and
talking
to
females
that
were
walking
by
and
and
then
you
know
about
30
minutes
later
the
the
police
arrived.
So
it
was
relatively
surprising.
A
I
M
O
About
that
Mr
Kane,
if
you
want
to
add.
X
Yes,
good
morning,
Charles
Kane
vice
president
of
security
for
big
night.
So
after
the
incident
we
did
an
internal
investigation,
reviewing
the
video
and
speaking
to
security
involved
and
based
on
that,
the
video
and
the
witness
statements
everything
cooperated.
What
the
Boston
police
report
stated,
and
vice
president
Jamie
Pollock,
stated
the
night
of
the
incident
that
it
was
some
unruly
patrons
on
the
Dance
Floor.
There
were
no
punches
shown
in
the
video.
X
No
assault
security
cooperated
as
you
see
in
the
Boston
police
report,
was
interviewed
and
gave
a
statement,
and
we
did
have
the
overtime
police
out
there
at
the
time
which
was
offered
and
20
minutes
later.
They
called
9-1-1.
X
So
I
believe
that
we
did
do
our
protocols
and
the
security
de-escalated.
A
situation
you'll
see
in
the
video
that
we
can
provide
two
separate
videos
for
you.
O
If
I
may
just
reiterate
what
both
Mr
Pollock
and
Mr
Kane
said,
you
know,
security
was
being
proactive
before
there
ever
wasn't
a
true
altercation
or
any
potential
A
and
B
that
could
occur
on
the
premises
and
to
reiterate
what
officer
Kelly
said
and
what
the
report
says,
there
were
no
visible
injuries,
no
charges
brought
in
this
case
and
no
evidence
of
of
what
is
what
is
alleged
in
this
violation.
A
V
V
He
kind
of
you
know
approached
me
and
kind
of
pushed
me
out
the
way
so
I
had
a
couple
of
words
with
him
asking
him
why
I
was
being
pushed
and
then
one
second
I'm,
I'm
speaking
with
him.
The
next
second
I'm
literally
on
the
ground,
surrounded
by
I,
want
to
say
maybe
four
to
five
guys,
not
really
understanding.
V
What's
what's
going
on
being
rather
scared
for
for
my
life,
there
was
a
lot
of
movement
happening,
so
I'm
I'm
being
stepped
on,
kicks
and
stuff
like
that,
and
then
maybe
a
minute
later,
I'm
being
grabbed
by
my
my
feet
and
my
torso
and
just
escorted
out
so
I
think
just
the
way
that
the
situation
was
handled,
I
think
was
aggressive
and
unnecessary
and
yeah.
A
W
You're
in
the
way
can
I
can
I
get
by.
It
seemed
as
though
you
know
he
was
touched,
and
then,
when
he
inquired
you
know.
Why
are
you
touching
me?
That's
when
they
kind
of
started
that
communication
to
the
point
I
guess
it
just
didn't
need
to
you
know
escalate
into
that.
I
think
that
some
of
the
you
know
security
guard.
W
Understandably,
you
know
they're
they're,
going
to
assume
that
you
know
their
individual's
word
is
is
word
so
he
was
taken
to
the
ground
before
anybody
really
understood
what
was
going
on
on
my
account.
You
know
neither
of
us
did
nor
would
ever
you
know,
put
our
hands
on
anybody.
I
was
simply,
and
the
video
should
show
inquiring
as
to
why
he
was
on
the
ground
probably
six
times
so
you
know,
as
I
was
then
approached.
W
That
was
the
only
thing
that
you
know
I
continued
to
repeat
not
for
other
statement.
I
guess
at
this
time.
A
Thank
you
for
that.
I'll
turn
it
over
to
the
board
and
see
if
there
are
any
questions
chairman
Joyce,
do
you
have
any
questions
for
any
of
the
testifiers
here
today.
B
Just
would
like
to
have
the
video
forwarded
to
the
board.
Please
I
have
no
other
questions
we'll
do.
I
O
It
was
approximately
1
30
and
they
were
beginning
to
do
their
routine
nightly.
Protocol
of
having
the
bottle
service.
Employees
start
clearing
the
tables
because
of
closing
time
being
at
two.
So
but
the
the
security
is
clearing
the
way
for
bottle
service
employees
all
night
to
the
table
to
make
sure
that
they
can
get
through.
O
I
O
O
Exactly
you'll
see
one:
that's
the
incident
on
the
dance
floor
and
then
the
second
one,
where
they're,
coming
and
and
being
brought
into
the
third
floor
Landing
for
lack
of
better
word
stairwell,
where
you
can
see
security
interacting
with
the
patrons
and
de-escalating
the
situation
prior
to
them.
Walking
down
the
stairs
to
leave
the
premises.
I
And
the
man
your
staff
member
identified
in
in
the
report,
does
he
fit
the
description
given
by
Mr
dejoy.
X
X
He
cooperated
as
I
said,
sir,
that
evening
did
give
a
statement
to
Boston
police
that
he
was
pushed
a
simple
assault
on
him
prior
to
words,
being
exchanged.
I
X
Yes,
you
can
see
what
I'll
call
a
minor
like
Skirmish
in
the
upper
left
hand
corner.
X
Yes,
it's
in
the
upper
left
hand
corner
of
the
Dance
Floor
video,
and
so
it
is
time
stamped
at
I.
Believe
it's
1
31
am.
I
Okay,
I'll
wait
for
the
video,
then
thank
you.
A
S
F
Wine,
sir,
on
six
for
2022
at
10,
45
pm,
decide
to
take
for
William,
Gallagher
and
detective
Eddie.
Hernandez
is
saying
for
licensed
premise
who
driving
down
Broadway
in
South,
Boston,
monitoring,
the
bars
and
restaurants
when
they
could
hear
loud,
Amplified,
music
emanating
to
the
open
Windows
of
local
at
412
West
Broadway
detectives
use
the
sound
meter
to
result
in
a
reading
of
77
decibels.
F
145
persons
detective
Fernandez
conducted
a
mechanical
count
of
the
room
at
412
West
Broadway,
which
resulted
in
268
persons
being
counted.
The
capacity
of
poor,
12
West
Broadway
is
listed
at
177.
detectives,
informed
management
of
their
observations
and
not
to
miss
any
patrons
until
the
numbers
came
down.
Staff
closed
the
accordion
style
Windows,
also
to
keeping
the
noise
telling
detectives
that
it's
like
this,
every
Thursday,
Friday
and
Saturday.
F
S
Yes,
just
a
few
questions
for
the
sergeant
was
licensing
staff
Cooperative
with
yourself
and
the
detectives
when
you
visited
the
premises.
Yes,.
S
F
S
F
S
I
have
nothing
further
for
the
sergeant
just
a
few
questions
for
the
manager
of
record.
If
Mike
is
with
us.
S
Mike,
can
you
describe
just
generally
speaking
your
door
policy
at
the
restaurant?
How
patrons
are
admitted
to
the
establishment
on
Saturday
nights
such
as
the
incident
here.
Y
Yeah
patrons
it's
first
come
first
serve
as
soon
as
we
get
to
a
mechanical
count.
That's
you
know.
Within
the
threshold
of
10
people
of
our
of
our
capacity,
we
start
a
line
down
F
Street
out
of
the
side
of
the
building
same
way,
we've
been
doing
it
for
eight
years.
Y
Then
it's
one
in
one
out
whole
tables
for
reservations
and
capacity
for
reservations.
If
need
be.
Y
We
have
one
door
that
we
use
and
then
there
is
a
second
side
to
the
restaurant,
where
there
is
a
door.
It's
not
used
frequently.
If
someone
has
a
reservation
in
the
other
room,
that's
the
only
way
that
they
can
get
through
that
other
door
at
410,
West,
Broadway,
okay,.
Y
S
Y
Y
Oh,
no
I
would
imagine
it's
protocol
for
our
team
as
soon
as
we
have
a
walk
through
with
the
tech
of
Gallagher
and
Hernandez
every
single
time
to
go
through
and
get
another
recount
make
sure
I
do
not
know
what
that
was,
but
I
would
I
would
make
the
assumption
that,
yes,
that
happened
after
we
we
make
sure
to
check
our
video.
Y
Take
screenshots
at
the
time
of
the
inspection
to
you
know,
typically
for
coaching
within
our
team
and
our
security
team,
for
training
to
to
use
that
moving
forward
when
we
retrain
after
this
type
of
walkthrough.
S
And
to
the
best
of
your
knowledge
or
any
emergency
egress
is
blocked
by
patrons
inside
the
establishment.
Oh
I
have
no
further
questions.
I
would
just
state
that
the
licensee
concedes
that
the
capacity
here
was
likely
somewhat
over
the
145
limited
number,
and
they
certainly
apologize
for
that.
We'll
do
everything
possible
to
be
diligent
in
monitoring
the
door
counts
and
the
patrons
that
come
in
and
out.
These
are
well-known,
restaurateurs
in
the
city
and
they
have
significant
experience
in
well-trained
staff.
S
That
being
said
as
I
as
I
mentioned,
they
do
concede
they
were
likely
over
in
terms
of
capacity
but
they're.
It
seems
to
be
a
discrepancy
in
terms
of
the
268
that
the
detectives
counted
at
the
premise.
We
have
security
footage
that
shows
the
the
what
the
restaurant
looked
like
at
that
point
in
time,
and
it's
a
relatively
small
restaurant
and,
as
I
can
submit
to
the
board
the
screenshots
from
the
video.
S
We
would
just
be
very
surprised
if
that
were
90
persons
over
capacity
when
they're
still
sufficient
amount
of
room
to
move
around
inside
of
the
restaurant
well
concede
it
was
busy
and
that
it
was
likely
over
by
a
number
of
occur.
A
couple
individuals,
but
90
just
seems
to
be
something
that
the
licensee
disputes
again
will
do
everything
possible
to
ensure
Communications
between
the
door
staff
and
the
licensee
staff
to
make
sure
that
the
accounts
are
up
to
date.
But
with
that
being
said
or
happy
to
answer
any
questions,
the
board
might
have.
A
B
Is
4,
10
and
412?
Do
they
have
separate
capacities.
T
Y
Y
Y
Yes,
they're
all
connected
on
our
clicker.
It's
all
so
our
capacity
is,
is
we're
able
to
keep
an
accurate,
ideally
keep
an
accurate
capacity
on
the
amount
of
people
in
412
the
amount
of
people
in
410,
and
they
do
not
go
back
and
forth
without
those
capacities
being
updated
and
adjusted.
A
A
A
Calling
item
number
seven
rrg
LLC
doing
business
as
Banyan
bar
and
refuge
located
at
553,
Tremont
Street
date
of
the
incident.
July
7th
2022,
rocked
fire
exit
tables
and
chairs
in
violation
of
astronaut,
Law
chapter
138,
section
64
and
board
01.06
a
and
expired
ISD
certificate
in
violation,
investment
allows
chapter,
138,
section,
64
and
Boards
rule
1.02
B,
who
is
present
on
behalf
of
the
licensee.
M
Good
morning
attorney
Trish
Farnsworth,
with
Lawson
and
weinson.
At
the
morning
executive
secretary,
green,
chair
and
Commissioners
also
signed
on
as
Elena
todisco,
who
is
the
manager
on
this
license?
The
Banyan
license.
A
A
J
Morning,
I'll
be
reading
from
a
police
report
which
I
wrote
on
Wednesday
July,
7
2022,
starting
to
talk
to
will
Gallagher
and
detective
Hernandez
signed
to
the
BPD
license
permission.
It
conducted
a
licensed
inspection
with
Banyan
bar
located
at
553
Tremont
Street
in
Boston,
Point
Revere
and
the
licenses
in
parameter
of
the
establishment
detectives.
Although
that
there
was
no
current
inspectional
service
department
certificate
posted
the
one
that
was
posted
there
had
expired
on
4
24
2022,
as
detectives
walked
through
the
restaurant
to
make
sure
the
fire
exits
were
unobstructed.
J
They
observed
a
fire
exit
obstructed
by
multiple
tables
and
chairs.
The
dentist
brought
this
to
the
attention
of
the
person
in
charge.
Mr
Brandon,
Kennedy,
Mr
Kennedy
was
unable
to
provide
the
detectives
with
the
current
certificate
as
a
result
of
what
detectives
observed.
China,
detective,
Cali
or
issue
license
insurance
inspection
notice,
zero.
Four
three
one:
eight
six
for
no
current
ISD
certificate
posted
in
a
blocked
fire
emergency
exit,
Mr
Kennedy
sign
for
an
except
notice,
and
there
is
a
picture.
A
M
Thank
you,
I
just
one
question
for
either
Sergeant
detective
Gallagher,
detective
Hernandez,
just
in
their
interactions
with
the
staff
and
Rebecca
Ross
Gallo,
the
owner
of
the
Banyan
I
mean
have
they
always
been
responsive
and
cooperative.
Yes,.
M
And
I
just
have
a
we'll
just
address
each
of
these
Elena.
We
can
explain
what
happened
with
respect
to
the
ISD
permit.
That
was
expired
on
424
2022.
This
incident
happened
on
7-7,
so
two
and
a
half
months
later
Elena.
Can
you
explain
how
these
ISD
permits
and
what
you
guys
do
to
start
getting
them
renewed
every
year,
yeah.
Z
Z
So
every
year
we
start
the
process
of
reaching
out
to
inspectors
to
the
city.
We
write
letters,
emails
phone
calls.
We
pretty
much
do
everything
we
can
in
our
due
diligence
to
get
it
renewed
in
a
timely
manner,
and
we
really
struggle,
probably
since
2017
in
in
getting
that
that
license
done,
and
it
usually
has
to
do
with
the
inspection.
But
we
do
put
major
effort
into
making
sure
that
we
are
getting
that
renewed
in
a
timely
manner.
Z
It
is
currently
valid.
M
And
then,
with
respect
to
the
blocked
exit,
can
you
explain
what
happened
that
night
I
mean?
Do
you
store
things
there
in
that
by
that
door?
No.
Z
It
is
made
very
clear
to
our
staff
and
our
managers
that
that
exit
and
then
the
hallway
after
that
door,
you
see
in
the
picture,
are
always
kept
clear.
I
believe
what
happened
that
night
is.
We
had
a
large
party
that
a
few
people
didn't
show
up
for
the
manager.
Brandon
in
the
police
report
did
move
the
table
and
I
think
what
happened.
Z
Is
he
got
pulled
in
another
Direction
and
had
left
the
table
for
a
bit
and
then
rediscovered
it
again
when
the
officer
showed
up,
but
no
we
do
typically
never
store
anything
in
front
of
fire
exits
or
emergency
exits
or
any
egresses
right.
M
And
since
this
time
you
know
when
the
officers
noted
this,
what
have
you
done
to
make
sure
it
doesn't
happen?.
Z
We
have
posted
signage,
there's
always
been
signed
in
the
hallway
behind
the
door,
but
we've
now
put
new
signage
up
in
on
on
the
door,
so
it
faces
into
the
dining
room
to
remind
staff
that
nothing
can
be
left
behind,
that
POS
station
in
front
of
the
door,
and
we
have
re-trained
the
managers
and
just
what
these
standards
of
fire
egresses
are.
Nothing
can
be
blocking
them.
Of
course,.
M
That's
those
are
the
only
questions
I
had
and
we
just
you
know
we
apologize,
but
with
the
ISD,
that's
just
a
frustrating
matter
and
the
block
dates
it's
you
know.
Definitely
it's
serious
and
that
will
never
happen
again.
AA
U
A
A
F
Good
morning
on
7-9
2022
at
11,
PM,
massage
detective
William
Gallagher
and
detective
Eddie
Hernandez
assigned
to
license
premise
unit
conducted
a
licensed
premise:
inspection
of
ps6
at
1,
8th
Street
in
Charlestown
inside
the
premise,
while
on
the
company
of
the
manager,
Kyle
Jeff's
detectives,
observe
the
female
Patron
walk
away
from
the
bar
with
five
alcoholic
beverages
and
deliver
them
to
patrons
standing
on
the
patio
by
the
railing
leading
to
the
docks.
Cactus
pointed
out
the
incident
to
the
manager
as
it
was
occurring
with
the
female
patrons
making
two
separate
trips
to
accomplish
the
task.
F
F
AA
Thank
you
very
much,
Madam
chair
members
of
the
board
we
apologize
for
being
here
today.
We
in
no
way
dispute
the
contents
of
the
licensed
premise,
violation
notice.
This
was
a
busy
Saturday
night
and
unfortunately,
the
bartender
allowed
a
patron
that
she
had
previously
served
to
come
and
carry
multiple
beverages
back
to
those
other
parties.
AA
We
have
since
retrained
all
of
our
staff,
not
just
at
Pier
Six
but
at
all
Navy
Yard
Hospitality
establishments
and
and
ensured
that
our
employees
understand
that
they
must
at
all
times
adhere
to
all
of
the
rules
and
regulations
of
the
board
and
the
abcc.
And
with
that
again
we
apologize
for
taking
up
the
board's
time
today
and
Thomas
Ferguson
is
President.
Should
there
be
any
additional
questions.
A
Thank
you
attorney
Hawkins,
chairman
Joyce.
Do
you
have
any
questions.