Notice of Decision - Revocation 4-25-19

TOWN oF Board of Liconse Commissioners Ga AMHERST (413) 239-3030 MASSACHUSETTS 4 Boltwood Avenue, Amherst, MA 01002 ‘April 25,2019 Rich Annunziata VMS. Pizza I, LLC, dba Porta 51 Bast Pleasant St NOTICE OF DECISION REVOCATION OF LIQUOR LICENSE Me, Annunziata On April 24, 2019, the Board of License Commissioners ofthe Town of Amerst held a Public Hearing to determine whether you violated the terms of your License to serve aleoholic beverages on the premises located at $1 East Pleasant Steed, Amherst, Massachusetts and known as Porta. You were served with in-hand “written notice of this hearing but did not attend, Based onthe facts introdaced at said hearin, the Board voted to revoke the license of V.MS. Pizza I, LLC. The Board's decision is based onthe following violations that occured on April 174, 19%, and 208, 2019: 1. Violations of terms of the License and M.G.L. . 138, §12: Selling aleohol and allowing drinks to be ‘consumed after mandstory closing time; failure to effectively eheck IDs; allure to have food available luring time of aleahol service; failure to use electronic ID scanners for patrons being served alcohol; failure to inform Amherst Police within 24 hours when electronic ID scanners go aut of services Violations of M.G.L. c, 138, §34 Service of alcohol to minors; Violations of 204 CMR 4.03: Providing aleohol for free; providing alcoho for free with purchase of food 4. Violations of 204 CMR 2.05: Permitting a disorder, disturbance or illegality to take place on the licensed premises; staff becoming intoxicated on duty; patrons serving themselves and others at bar; no staff on ‘duty at bar while alcoho is dispensed, served and consumed; providing alcohol for free. {In support of ts decision, the Board relies on the testimony and evidence submitted during said hearing, including but not limited to the facts set fort inthe Police Incident Reports dated April 17%, 19,208, 21%, and. 22,2019, which are attached hereto and incorporated herein. Pursuant to M.G.L.c. 138, 857, ou may appeal this decision tothe Aleaholic Beverages Control ‘Commission within five (5) days of your receipt of tis decision Sjrcerely, I, /Y els Chair, Amherst Board of License CommissionersDeve/tine Reported: Report bate Time Reporting officer: Aewiating OFeteer: “faherst Police Departaent Incident Report Incident #: 19-166-oF call #: 19-6648 ounraas 2 24/17/2019 2930 tel Officer Byler Martine Page: 7 04/21/2019) A true copy, aitest: [Ake ret Z. Nartowicz “Fewn Clerk sBmheret Police Departacnt Siacapageni tata] Ref: 19°166-0F aatered: 04/27/2019 92332 Entry 1D: 123 modified: 04/20/2019 @ 2235 Modified 1D: 123 re wo yn Care h. On Wednesday, 04/17/2019, Offer Tyler Martins and I (Office Benton Cart) were designated asa pain ‘clothes assignment to observe the restaurant Porta (51 Bast Pleasant Stret) to determine if they wer compliance with parameters st by the licensing board. The timeframe in which this occured began at fpproximately 10:34 PM w 11.13 PM, ‘As we entered the restaurant we were met by a male known tobe one ofthe owners He requested our IDs ‘and held ther up to his cel phore. “After returning our IDs 1 us he sai that it was an 18 and over event tonight and we would need to show our TDs atthe bar if we wanted something to drink. fi. nthe restaurant there was live eutertainment. A DJ was playing musi for karsoke singers. ‘At the bar there were two bartenders I purchased a bottle of Bud Light beer (not consumed) and Coce Cola for Officer Martins, The bartender requested that [show her ID. She visually inspected my license and served us our beverages 5. Toticed that the kitchen vas dak and Iased the bar ender if the resturant was sil serving pizza. She said "sony, but no" ‘While siting atthe bar we monitored the person entering the restaurant. The owner was using a cell phone nd not a hand held seanner to cxeck patons' IDs. The owner checked IDs with his ell phone for approximately 25-30 people. ‘While observing the bartenders tthe bar we noticed a female patron that appeared to be under the age of twenty one had provided an ID tthe bartender. Th bartender put te ID below the bar fora period of time fand then returned the ID tothe patron and shook her head ina manner to indicate "no" andthe female went back into the rowe, “Atone point a male entered the oar area and assisted serving drinks. At ths time one ofthe bartenders was Frustrated and was about to leave, He made a reference tothe male behind the bar "and you're staying” as others gathered a the bar were tilling the bartender fo stay. 0, The bartender then walked back around the bar. Ase passed I asced him ifeverything was aight and he said 'no ths place is bal shit, we don't even get pad. He remained at the bar and continued to work: 11. While monitoring the ar another male wo was call phone and then retun to his eat. ing at the bar would valk behind the bar to charge his 12. Upon leaving the restaurant a 1:15 PM the occupancy was estimated to be 100 people and the DJ was stil playing music with patrons singing karaoke.

Notice of Decision - Revocation 4-25-19

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